Minnesota Session Laws - 2024, Regular Session

CHAPTER 115--H.F.No. 5237

An act

relating to children; modifying provisions related to prekindergarten through grade 12 general education, education excellence, the Read Act, American Indian education, teachers, charter schools, special education, school facilities, school nutrition, libraries, state agencies, early childhood education, child protection and welfare, economic supports, housing and homelessness, child care licensing, the Department of Children, Youth, and Families, the Minnesota Indian Family Preservation Act, children and families policy, and Department of Human Services policy; providing for Human Services forecast adjustments; providing for supplemental funding; providing for rulemaking; requiring reports; appropriating money;

amending Minnesota Statutes 2022, sections 13.321, by adding a subdivision; 16A.103, by adding a subdivision; 120A.41; 121A.035; 121A.15, subdivision 3, by adding a subdivision; 122A.415, by adding a subdivision; 122A.73, subdivision 4; 123B.71, subdivision 8; 124D.093, subdivisions 4, 5; 124D.19, subdivision 8; 124D.65, by adding a subdivision; 124D.957, subdivision 1; 124E.22; 125A.63, subdivision 5; 126C.05, subdivision 15; 126C.10, subdivision 13a; 127A.45, subdivisions 12, 13, 14a; 127A.51; 144.966, subdivision 2; 243.166, subdivision 7, as amended; 245.975, subdivisions 2, 4, 9; 245A.04, subdivision 10; 245A.065; 245A.10, subdivisions 1, as amended, 2, as amended; 245A.14, subdivision 17; 245A.144; 245A.175; 245A.52, subdivision 2, by adding a subdivision; 245A.66, subdivision 2; 245C.08, subdivision 4; 245E.08; 245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions 1, 4; 256.029, as amended; 256.045, subdivisions 3b, as amended, 5, as amended, 7, as amended; 256.0451, subdivisions 1, as amended, 22, 24; 256.046, subdivision 2, as amended; 256E.35, subdivision 5; 256J.08, subdivision 34a; 256J.28, subdivision 1; 256N.22, subdivision 10; 256N.24, subdivision 10; 256N.26, subdivisions 12, 13, 15, 16, 18, 21, 22; 256P.05, by adding a subdivision; 259.20, subdivision 2; 259.37, subdivision 2; 259.53, by adding a subdivision; 259.79, subdivision 1; 259.83, subdivision 4; 260.755, subdivisions 2a, 5, 14, 17a, by adding subdivisions; 260.775; 260.785, subdivisions 1, 3; 260.810, subdivision 3; 260C.007, subdivisions 5, 6, 26b, by adding subdivisions; 260C.141, by adding a subdivision; 260C.178, subdivisions 1, as amended, 7; 260C.202; 260C.209, subdivision 1; 260C.212, subdivisions 1, 2, 13; 260C.301, subdivision 1, as amended; 260C.331, by adding a subdivision; 260C.515, subdivision 4; 260C.607, subdivisions 1, 6; 260C.611; 260C.613, subdivision 1; 260C.615, subdivision 1; 260D.01; 260E.03, subdivision 23, as amended, by adding a subdivision; 260E.14, subdivision 3; 260E.30, subdivision 3, as amended; 260E.36, subdivision 1a; 393.07, subdivision 10a; 518.17, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 13.46, subdivision 4, as amended; 119B.011, subdivision 15; 119B.16, subdivisions 1a, 1c; 119B.161, subdivision 2; 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4, 5; 120B.024, subdivision 1; 120B.124, subdivision 1, by adding a subdivision; 121A.642; 122A.415, subdivision 4; 122A.73, subdivisions 2, 3; 122A.77, subdivisions 1, 2; 123B.71, subdivision 12; 123B.92, subdivision 11; 124D.111, subdivision 3; 124D.142, subdivision 2, as amended; 124D.151, subdivision 6; 124D.165, subdivisions 3, 6; 124D.65, subdivision 5, as amended; 124D.81, subdivision 2b; 124D.901, subdivision 3; 124D.98, subdivision 5; 124D.995, subdivision 3; 124E.13, subdivision 1; 126C.10, subdivisions 2e, 3, 3a, 3c, 4, 18a; 126C.40, subdivision 6; 127A.21; 134.356, by adding subdivisions; 144.2252, subdivision 2; 144.2253; 245A.02, subdivision 2c; 245A.03, subdivision 7, as amended; 245A.16, subdivisions 1, as amended, 11; 245A.50, subdivisions 3, 4; 245A.66, subdivision 4, as amended; 245C.02, subdivision 6a; 245C.033, subdivision 3; 245C.10, subdivision 15; 245H.06, subdivisions 1, 2; 245H.08, subdivisions 4, 5; 256.01, subdivision 12b; 256.043, subdivisions 3, 3a; 256.045, subdivision 3, as amended; 256.046, subdivision 3; 256B.0625, subdivision 26; 256B.0671, by adding a subdivision; 256E.35, subdivision 2; 256E.38, subdivision 4; 256M.42, by adding a subdivision; 256P.06, subdivision 3; 259.83, subdivisions 1, 1b, 3a; 260.755, subdivisions 1a, 3, 3a, 5b, 20, 22; 260.758, subdivisions 2, 4, 5; 260.761; 260.762; 260.763, subdivisions 1, 4, 5; 260.765, subdivisions 2, 3a, 4b; 260.771, subdivisions 1a, 1b, 1c, 2b, 2d, 6, by adding a subdivision; 260.773, subdivisions 1, 2, 3, 4, 5, 10, 11; 260.774, subdivisions 1, 2, 3; 260.781, subdivision 1; 260.786, subdivision 2; 260.795, subdivision 1; 260E.02, subdivision 1, as amended; 260E.03, subdivisions 15a, 15b, 22; 260E.14, subdivision 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 2; 260E.24, subdivisions 2, 7; 260E.33, subdivision 1; 260E.35, subdivision 6; 518A.42, subdivision 3; Laws 1987, chapter 404, section 18, subdivision 1; Laws 2023, chapter 18, section 4, subdivisions 2, as amended, 3, as amended; Laws 2023, chapter 54, section 20, subdivisions 6, 24; Laws 2023, chapter 55, article 1, section 36, subdivisions 2, as amended, 8, 13; article 2, sections 61, subdivision 4; 64, subdivisions 2, as amended, 6, as amended, 9, 14, 16, 26, 31, 33; article 3, section 11, subdivisions 3, 4; article 5, sections 64, subdivisions 3, as amended, 5, 13, 15, 16; 65, subdivisions 3, 6, 7; article 7, section 18, subdivision 4, as amended; article 8, section 19, subdivisions 5, 6, as amended; article 12, section 17, subdivision 2; Laws 2023, chapter 64, article 15, section 34, subdivision 2; Laws 2023, chapter 70, article 11, section 13, subdivision 8; article 12, section 30, subdivisions 2, 3; article 14, section 42, subdivision 6; article 20, sections 2, subdivisions 22, 24; 23; Laws 2024, chapter 80, article 1, sections 38, subdivisions 1, 2, 5, 6, 7, 9; 96; article 2, sections 5, subdivision 21, by adding a subdivision; 7, subdivision 2; 10, subdivision 6; 16, subdivision 1, by adding a subdivision; 30, subdivision 2; 31; 74; article 4, section 26; article 6, section 4; article 7, section 4; proposing coding for new law in Minnesota Statutes, chapters 123B; 127A; 142A; 259; 260D; 260E; 524; proposing coding for new law as Minnesota Statutes, chapters 142B; 142C; 142F; repealing Minnesota Statutes 2022, sections 127A.095, subdivision 3; 245.975, subdivision 8; 256.01, subdivisions 12, 12a; 260.755, subdivision 13; Laws 2023, chapter 25, section 190, subdivision 10; Laws 2023, chapter 55, article 10, section 4; Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, 11; 39; 43, subdivision 2; article 2, sections 1, subdivision 11; 3, subdivision 3; 4, subdivision 4; 10, subdivision 4; 33; 69; article 7, sections 3; 9; Minnesota Rules, parts 9502.0425, subparts 5, 10; 9545.0805, subpart 1; 9545.0845; 9560.0232, subpart 5.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2022, section 120A.41, is amended to read:

120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

(a) A school board's annual school calendar must include at least 425 hours of instruction for a kindergarten student deleted text begin without a disability deleted text end , 935 hours of instruction for a student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not including summer school. The school calendar for all-day kindergarten must include at least 850 hours of instruction for the school year. The school calendar for a prekindergarten student under section 124D.151, if offered by the district, must include at least 350 hours of instruction for the school year. A school board's annual calendar must include at least 165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule has been approved by the commissioner under section 124D.126.

(b) A school board's annual school calendar may include plans for up to five days of instruction provided through online instruction due to inclement weather. The inclement weather plans must be developed according to section 120A.414.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 123B.92, subdivision 11, is amended to read:

Subd. 11.

Area learning center transportation aid.

(a) A district new text begin or cooperative unit under section 123A.24, subdivision 2, new text end that provides transportation of pupils to and from an area learning center program established under section 123A.05 is eligible for state aid to reimburse the additional costs of transportation during the preceding fiscal year.

(b) A district new text begin or cooperative unit under section 123A.24, subdivision 2, new text end may apply to the commissioner of education for state aid to reimburse the costs of transporting pupils who are enrolled in an area learning center program established under section 123A.05 during the preceding fiscal year. The commissioner shall develop the form and manner of applications for state aid, the criteria to determine when transportation is necessary, and the accounting procedure to determine excess costs. In determining aid amounts, the commissioner shall consider other revenue received by the district new text begin or cooperative unit under section 123A.24, subdivision 2, new text end for transportation for area learning center purposes.

(c) The total aid entitlement for this section is $1,000,000 each year. The commissioner must prorate aid if this amount is insufficient to reimburse deleted text begin district deleted text end costs new text begin for a district or cooperative unit under section 123A.24, subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.65, subdivision 5, as amended by Laws 2024, chapter 85, section 21, is amended to read:

Subd. 5.

School district EL revenue.

(a) For fiscal year 2024 through fiscal year 2026, a district's English learner programs revenue equals the sum of:

(1) the product of (i) $1,228, and (ii) the greater of 20 or the adjusted average daily membership of eligible English learners enrolled in the district during the current fiscal year; and

(2) $436 times the English learner pupil units under section 126C.05, subdivision 17.

(b) For fiscal year 2027 and later, a district's English learner programs revenue equals the sum of:

(1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily membership of eligible English learners enrolled in the district during the current fiscal year; new text begin and new text end

(2) $630 times the English learner pupil units under section 126C.05, subdivision 17 deleted text begin ; and deleted text end

deleted text begin (3) the district's English learner cross subsidy aid. A district's English learner cross subsidy aid equals 25 percent of the district's English learner cross subsidy under paragraph (c) for fiscal year 2027 and later deleted text end .

(c) deleted text begin A district's English learner cross subsidy equals the greater of zero or the difference between the district's expenditures for qualifying English learner services for the second previous year and the district's English learner revenue for the second previous year. deleted text end

deleted text begin (d) deleted text end A pupil ceases to generate state English learner aid in the school year following the school year in which the pupil attains the state cutoff score on a commissioner-provided assessment that measures the pupil's emerging academic English.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 4.

Minnesota Statutes 2022, section 124D.65, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin English learner cross subsidy aid. new text end

new text begin (a) For fiscal year 2027 and later, a district's English learner cross subsidy aid equals 25 percent of the district's English learner cross subsidy calculated under paragraph (b). new text end

new text begin (b) A district's English learner cross subsidy equals the greater of zero or the difference between the district's expenditures for qualifying English learner services for the second previous year and the district's English learner revenue under subdivision 5 for the second previous year. For the purposes of this subdivision, "qualifying English learner services" means the services necessary to implement the language instruction educational program for students identified as English learners under sections 124D.58 to 124D.65. Only expenditures that both address the English language development standards in Minnesota Rules, parts 3501.1200 and 3501.1210, which may include home language instruction, and are supplemental to the cost of core content instruction may be included as expenditures for qualifying English learner services. Expenditures do not include costs related to construction, indirect costs, core content instruction, or core administrative personnel. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 124D.995, subdivision 3, is amended to read:

Subd. 3.

Money appropriated.

(a) Subject to the availability of funds, money in the account is annually appropriated to the commissioner of education to reimburse school districts; charter schools; intermediate school districts and cooperative units under section 123A.24, subdivision 2; the Perpich Center for Arts Education; and the Minnesota State Academies for costs associated with providing unemployment benefits to school employees under section 268.085, subdivision 7, paragraph (b).

(b) The Perpich Center for Arts Education and the Minnesota State Academies may only apply to the commissioner for reimbursement of unemployment insurance amounts in excess of the amounts specifically identified in their annual agency appropriations.

(c) If the amount in the account is insufficient, the commissioner must proportionately reduce the aid payment to each recipient. new text begin Notwithstanding section 127A.45, subdivision 3, new text end aid payments must be paid deleted text begin 100 deleted text end new text begin 90 new text end percent in the current year new text begin and ten percent in the following year on a schedule determined by the commissioner new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 6.

Minnesota Statutes 2022, section 126C.05, subdivision 15, is amended to read:

Subd. 15.

Learning year pupil units.

(a) When a pupil is enrolled in a learning year program under section 124D.128, an area learning center or an alternative learning program approved by the commissioner under sections 123A.05 and 123A.06, or a contract alternative program under section 124D.68, subdivision 3, paragraph (d), or subdivision 4, for more than 1,020 hours in a school year for a secondary student, more than 935 hours in a school year for an elementary student, more than 850 hours in a school year for a kindergarten student deleted text begin without a disability deleted text end in an all-day kindergarten program, or more than 425 hours in a school year for a half-day kindergarten student deleted text begin without a disability deleted text end , that pupil may be counted as more than one pupil in average daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil must be determined by the ratio of the number of hours of instruction provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii) the greater of 935 hours or the number of hours required for a full-time elementary pupil in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of 850 hours or the number of hours required for a full-time kindergarten student deleted text begin without a disability deleted text end in the district to 850 for a kindergarten student deleted text begin without a disability deleted text end . Hours that occur after the close of the instructional year in June shall be attributable to the following fiscal year. A student in kindergarten or grades 1 through 12 must not be counted as more than 1.2 pupils in average daily membership under this subdivision.

(b)(i) To receive general education revenue for a pupil in an area learning center or alternative learning program that has an independent study component, a district must meet the requirements in this paragraph. The district must develop, for the pupil, a continual learning plan consistent with section 124D.128, subdivision 3. Each school district that has an area learning center or alternative learning program must reserve revenue in an amount equal to at least 90 and not more than 100 percent of the district average general education revenue per pupil unit, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units generated by students attending an area learning center or alternative learning program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the area learning center or alternative learning program. Basic skills revenue generated according to section 126C.10, subdivision 4, by pupils attending the eligible program must be allocated to the program.

(ii) General education revenue for a pupil in a state-approved alternative program without an independent study component must be prorated for a pupil participating for less than a full year, or its equivalent. The district must develop a continual learning plan for the pupil, consistent with section 124D.128, subdivision 3. Each school district that has an area learning center or alternative learning program must reserve revenue in an amount equal to at least 90 and not more than 100 percent of the district average general education revenue per pupil unit, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units generated by students attending an area learning center or alternative learning program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the area learning center or alternative learning program. Basic skills revenue generated according to section 126C.10, subdivision 4, by pupils attending the eligible program must be allocated to the program.

(iii) General education revenue for a pupil in a state-approved alternative program that has an independent study component must be paid for each hour of teacher contact time and each hour of independent study time completed toward a credit or graduation standards necessary for graduation. Average daily membership for a pupil shall equal the number of hours of teacher contact time and independent study time divided by 1,020.

(iv) For a state-approved alternative program having an independent study component, the commissioner shall require a description of the courses in the program, the kinds of independent study involved, the expected learning outcomes of the courses, and the means of measuring student performance against the expected outcomes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later. new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 2e, is amended to read:

Subd. 2e.

Local optional revenue.

(a) Local optional revenue for a school district equals the sum of the district's first tier local optional revenue and second tier local optional revenue. A district's first tier local optional revenue equals $300 times the adjusted pupil units of the district for that school year. A district's second tier local optional revenue equals $424 times the adjusted pupil units of the district for that school year.

(b) A district's local optional levy equals the sum of the first tier local optional levy and the second tier local optional levy.

(c) A district's first tier local optional levy equals the district's first tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $880,000.

(d) For fiscal year 2023, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $548,842. For fiscal year 2024, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $510,000. For fiscal year 2025, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to deleted text begin $587,244 deleted text end new text begin $626,450 new text end . For fiscal year 2026, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $642,038. For fiscal year 2027 and later, a district's second tier local optional levy equals the district's second tier local optional revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $671,345.

(e) The local optional levy must be spread on referendum market value. A district may levy less than the permitted amount.

(f) A district's local optional aid equals its local optional revenue minus its local optional levy. If a district's actual levy for first or second tier local optional revenue is less than its maximum levy limit for that tier, its aid must be proportionately reduced.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3, is amended to read:

Subd. 3.

Compensatory education revenue.

(a) deleted text begin For fiscal year 2024, the compensatory education revenue for each building in the district equals the formula allowance minus $839 times the compensation revenue pupil units computed according to section 126C.05, subdivision 3. deleted text end A district's compensatory revenue equals the sum of its compensatory revenue for each building in the district and the amounts designated under Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 8, for fiscal year 2017. Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2.

(b) deleted text begin For fiscal year 2025, compensatory revenue must be calculated under Laws 2023, chapter 18, section 3. deleted text end new text begin For fiscal years 2024 and 2025, the compensatory education revenue for each building in the district equals the formula allowance minus $839 times the compensation revenue pupil units computed according to section 126C.05, subdivision 3. new text end

(c) For fiscal year 2026 and later, the compensatory education revenue for each building in the district equals its compensatory pupils multiplied by the building compensatory allowance. deleted text begin Revenue shall be paid to the district and must be allocated according to section 126C.15, subdivision 2. deleted text end

(d) When the district contracting with an alternative program under section 124D.69 changes prior to the start of a school year, the compensatory revenue generated by pupils attending the program shall be paid to the district contracting with the alternative program for the current school year, and shall not be paid to the district contracting with the alternative program for the prior school year.

(e) When the fiscal agent district for an area learning center changes prior to the start of a school year, the compensatory revenue shall be paid to the fiscal agent district for the current school year, and shall not be paid to the fiscal agent district for the prior school year.

deleted text begin (f) Notwithstanding paragraph (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, compensatory education revenue must be computed using data for the current fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, compensatory education revenue must be computed based on pupils enrolled on an alternate date determined by the commissioner, and the compensatory education revenue must be prorated based on the ratio of the number of days of student instruction to 170 days. deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end Notwithstanding paragraph (c), for fiscal year 2026, if the deleted text begin calculation under paragraph (d) results in statewide revenue of deleted text end new text begin sum of the amounts calculated under paragraph (c) is new text end less than $838,947,000, deleted text begin additional revenue must be provided deleted text end new text begin the commissioner must proportionately increase the revenue new text end to each building deleted text begin in a manner prescribed by the commissioner of education deleted text end until new text begin the new text end total statewide revenue new text begin calculated for each building new text end equals $838,947,000.

deleted text begin (h) deleted text end new text begin (g) new text end Notwithstanding paragraph (c), for fiscal year 2027 new text begin and later new text end , if the deleted text begin calculation under paragraph (d) results in statewide revenue of deleted text end new text begin sum of the amounts calculated under paragraph (c) is new text end less than $857,152,000, deleted text begin additional revenue must be provided deleted text end new text begin the commissioner must proportionately increase the revenue new text end to each building deleted text begin in a manner prescribed by the commissioner of education deleted text end until new text begin the new text end total statewide revenue new text begin calculated for each building new text end equals $857,152,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3a, is amended to read:

Subd. 3a.

Definitions.

The definitions in this subdivision apply only to subdivisions 3, 3b, and 3c.

(a) "Building compensatory allowance" means a building concentration factor multiplied by the statewide compensatory allowance.

(b) "Building concentration factor" means the ratio of a building's compensatory pupils to the number of pupils enrolled in the building on October 1 of the previous fiscal year.

(c) "Compensatory pupils" means the sum of the number of pupils enrolled in a building eligible to receive free meals pursuant to subdivision 3b plus one-half of the pupils eligible to receive reduced-priced meals pursuant to subdivision 3b on October 1 of the previous fiscal year.

(d) "Statewide compensatory allowance" means the amount calculated pursuant to subdivision 3c.

new text begin (e) Notwithstanding paragraphs (b) and (c), for voluntary prekindergarten programs under section 124D.151, charter schools, and contracted alternative programs in the first year of operation, the building concentration factor and compensatory pupils must be computed using data for the current fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative program begins operation after October 1, the building concentration factor and compensatory pupils must be computed based on pupils enrolled on an alternate date determined by the commissioner and the compensatory pupils must be prorated based on the ratio of the number of days of student instruction to 170 days. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3c, is amended to read:

Subd. 3c.

Statewide compensatory allowance.

deleted text begin (a) deleted text end For fiscal year 2026, the statewide compensatory allowance is $6,734. For fiscal year 2027 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded to the nearest whole dollar.

deleted text begin (b) For fiscal year 2026 and later, the statewide compensatory allowance equals the statewide compensatory allowance in effect for the prior fiscal year times the ratio of the formula allowance under section 126C.10, subdivision 2, for the current fiscal year to the formula allowance under section 126C.10, subdivision 2, for the prior fiscal year, rounded to the nearest whole dollar. deleted text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 4, is amended to read:

Subd. 4.

Basic skills revenue.

A school district's basic skills revenue equals the sum of:

(1) compensatory revenue under subdivision 3; and

(2) English learner revenue under section 124D.65, deleted text begin subdivision deleted text end new text begin subdivisions new text end 5 new text begin and 5a new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 12.

Minnesota Statutes 2022, section 126C.10, subdivision 13a, is amended to read:

Subd. 13a.

Operating capital levy.

new text begin (a) new text end To obtain operating capital revenue, a district may levy an amount not more than the product of its operating capital new text begin equalization new text end revenue for the fiscal year times the lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil unit to the operating capital equalizing factor. The operating capital equalizing factor equals deleted text begin $23,902 for fiscal year 2020, $23,885 for fiscal year 2021, and deleted text end $22,912 for fiscal year deleted text begin 2022 and later deleted text end new text begin 2024, $23,138 for fiscal year 2025, and $22,912 for fiscal year 2026 and later new text end .

new text begin (b) A district's operating capital equalization revenue equals the district's total operating capital revenue under subdivision 13, calculated without the amount under subdivision 13, paragraph (a), clause (3). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 13.

Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 18a, is amended to read:

Subd. 18a.

Pupil transportation adjustment.

(a) An independent, common, or special school district's transportation sparsity revenue under subdivision 18 is increased by the greater of zero or 35 percent of the difference between:

(1) the lesser of the district's total cost for regular and excess pupil transportation under section 123B.92, subdivision 1, paragraph (b), including depreciation, for the previous fiscal year or 105 percent of the district's total cost for the second previous fiscal year; and

(2) the sum of:

(i) 4.66 percent of the district's basic revenue for the previous fiscal year;

(ii) transportation sparsity revenue under subdivision 18 for the previous fiscal year;

(iii) the district's charter school transportation adjustment for the previous fiscal year; deleted text begin and deleted text end

(iv) the district's reimbursement for transportation provided under section 123B.92, subdivision 1, paragraph (b), clause (1), item (vi) new text begin ; and new text end

new text begin (v) the district's area learning center transportation aid under section 123B.92, subdivision 11 new text end .

(b) A charter school's pupil transportation adjustment equals the school district per pupil new text begin unit new text end adjustment under paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2025 and later. new text end

Sec. 14.

Minnesota Statutes 2022, section 127A.51, is amended to read:

127A.51 STATEWIDE AVERAGE REVENUE.

new text begin (a) new text end By December 1 of each year the commissioner must estimate the statewide average adjusted general revenue per adjusted pupil unit and the disparity in adjusted general revenue among pupils and districts by computing the ratio of the 95th percentile to the fifth percentile of adjusted general revenue. The commissioner must provide that information to all districts.

new text begin (b) new text end If the disparity in adjusted general revenue as measured by the ratio of the 95th percentile to the fifth percentile increases in any year, the commissioner shall recommend to the legislature options for change in the general education formula that will limit the disparity in adjusted general revenue to no more than the disparity for the previous school year. The commissioner must submit the recommended options to the education committees of the legislature by February 1.

new text begin (c) new text end For purposes of this section and section 126C.10, adjusted general revenue means the sum of basic revenue under section 126C.10, subdivision 2; referendum revenue under section 126C.17; local optional revenue under section 126C.10, subdivision 2e; and equity revenue under section 126C.10, deleted text begin subdivisions 24a and 24b deleted text end new text begin subdivision 24 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 15.

Laws 2023, chapter 55, article 1, section 36, subdivision 2, as amended by Laws 2024, chapter 81, section 1, is amended to read:

Subd. 2.

General education aid.

(a) For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

	$	8,103,909,000	.....	2024
	$	deleted text begin 8,299,317,000 deleted text end new text begin 8,333,843,000 new text end	.....	2025

(b) The 2024 appropriation includes $707,254,000 for 2023 and $7,396,655,000 for 2024.

(c) The 2025 appropriation includes $771,421,000 for 2024 and deleted text begin $7,527,896,000 deleted text end new text begin $7,562,422,000 new text end for 2025.

Sec. 16.

Laws 2023, chapter 55, article 1, section 36, subdivision 8, is amended to read:

Subd. 8.

One-room schoolhouse.

new text begin (a) new text end For deleted text begin a grant deleted text end new text begin aid new text end to Independent School District No. 690, Warroad, to operate the Angle Inlet School:

	$	65,000	.....	2024
	$	65,000	.....	2025

new text begin (b) This aid is 100 percent payable in the current year. new text end

Sec. 17.

Laws 2023, chapter 64, article 15, section 34, subdivision 2, is amended to read:

Subd. 2.

Windom School District onetime supplemental aid.

(a) For aid to Independent School District No. 177, Windom:

$

1,000,000

.....

2024

(b) For fiscal year 2024 only, Windom School District's onetime supplemental aid equals the greater of zero or the product of: (1) $10,000, and (2) the difference between the October 1, 2022, pupil enrollment count and the October 1, 2023, pupil enrollment count. The amount calculated under this paragraph must not exceed $1,000,000.

(c) 100 percent of the aid must be paid in the current year.

(d) This is a onetime appropriation.

new text begin (e) On June 29, 2024, $840,000 from the initial fiscal year 2024 appropriation is canceled to the general fund. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 18.

new text begin BASIC SKILLS REVENUE ACCOUNT TRANSFERS. new text end

new text begin Notwithstanding Minnesota Statutes, section 126C.15, subdivision 4, by June 30, 2025, school districts with a balance in their basic skills revenue account that is restricted for use on extended time programs must transfer those funds to an account that is restricted for basic skills revenue. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 19.

new text begin TASK FORCE ON ENGLISH LEARNER PROGRAMS. new text end

new text begin Subdivision 1. new text end

new text begin Task force established. new text end

new text begin A task force is established to analyze how public schools use English learner revenue at the site level and administrative level, consider how microcredentials or other certifications may be used to improve collaboration between teachers working with English learners, and make recommendations on how English learner revenue can be used more effectively to help students become proficient in English and participate meaningfully and equally in education programs. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The commissioner of education, in consultation with the executive director of the Professional Educator Licensing and Standards Board, must appoint the following members to the task force by August 1, 2024: new text end

new text begin (1) the commissioner of education or the commissioner's designee; new text end

new text begin (2) the executive director of the Professional Educator Licensing and Standards Board or the executive director's designee; new text end

new text begin (3) the executive director of the Minnesota Education Equity Partnership or the executive director's designee; new text end

new text begin (4) one member who represents teacher preparation programs that enroll candidates seeking a field license in English as a second language; new text end

new text begin (5) one member who represents school boards; new text end

new text begin (6) one member who represents the superintendent; new text end

new text begin (7) one member who is a teacher of English learners; new text end

new text begin (8) one member who is a teacher in a state-approved alternative program; new text end

new text begin (9) one member who is a director of an English learner program in a school district; new text end

new text begin (10) one member who is a director of a state-approved alternative program; new text end

new text begin (11) one member who is a parent of a student identified as an English learner; new text end

new text begin (12) one member who is a parent liaison to families of English learners in a school district; new text end

new text begin (13) one member who is a parent of a student enrolled in a state-approved alternative program; new text end

new text begin (14) one member from the Southeast Service Cooperative's Project Momentum; and new text end

new text begin (15) one member from a community organization that works with families of English learners. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The task force must: new text end

new text begin (1) review best practices in English learner programming, including: new text end

new text begin (i) an accountability framework that uses student performance on state assessments to determine whether the program is improving academic outcomes for English learners; new text end

new text begin (ii) staffing and managing an English learner program, including providing appropriate professional development for teachers, administrators, and other staff; new text end

new text begin (iii) evaluation of the efficacy of the English learner program; and new text end

new text begin (iv) ensuring meaningful communication and engagement with limited English proficient parents; new text end

new text begin (2) review best practices in providing services to students who are eligible to participate in the graduation incentives program under Minnesota Statutes, section 124D.68, including: new text end

new text begin (i) an accountability framework that uses credit recovery rates and graduation rates to determine whether the program is improving academic outcomes for participating students; and new text end

new text begin (ii) professional development for teachers and other staff; new text end

new text begin (3) analyze how English learner revenue is used at the site level and administrative level and whether expenditures align with the best practices identified under clause (1); new text end

new text begin (4) identify obstacles to hiring and retaining necessary staff to support effective English learner programs; new text end

new text begin (5) analyze how microcredentials or other certifications can improve collaboration among teachers working with English learners, and recommend a process for awarding the microcredentials or other certifications; and new text end

new text begin (6) to the extent time is available, review best practices for dual enrollment programs for students eligible for the graduation incentives program, including the provision of college and career and readiness counselors and: new text end

new text begin (i) an accountability framework based on the acceleration of dual credit accumulation before a student graduates from high school; new text end

new text begin (ii) professional development for counselors; and new text end

new text begin (iii) evaluation of the efficacy of the dual enrollment program. new text end

new text begin (b) The task force must review data regarding student access to teachers with a field license in English as a second language. new text end

new text begin (c) The task force must report its findings and recommendations on the current use of English learner revenue at the site level and administrative level, implementation of microcredentials or other certifications, and how English learner funding can be used more effectively to help students become proficient in English and participate meaningfully and equally in an education program. The task force must submit the report to the legislative committees with jurisdiction over kindergarten through grade 12 education by February 15, 2025. new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Minnesota Statutes, section 15.059, subdivision 3, governs compensation of the members of the task force. new text end

new text begin Subd. 5. new text end

new text begin Meetings and administrative support. new text end

new text begin (a) The commissioner of education or the commissioner's designee must convene the first meeting of the task force no later than August 15, 2024. The task force must establish a schedule for meetings and meet as necessary to accomplish the duties under subdivision 3. Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by telephone or interactive technology consistent with Minnesota Statutes, section 13D.015. new text end

new text begin (b) The Department of Education must provide administrative support to assist the task force in its work, including providing information and technical support, and must assist in the creation of the report under subdivision 3. new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires February 15, 2025, or upon submission of the report required under subdivision 3, whichever is later. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 20.

new text begin STUDENT ATTENDANCE PILOT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program established. new text end

new text begin A pilot program is established to support districts developing and implementing innovative strategies to improve student attendance, and help policymakers determine how to effectively support district efforts to improve student attendance and engagement. The pilot program is effective for the 2024-2025, 2025-2026, and 2026-2027 school years. new text end

new text begin Subd. 2. new text end

new text begin Participating districts. new text end

new text begin (a) The pilot program consists of the following school districts: new text end

new text begin (1) Special School District No. 1, Minneapolis; new text end

new text begin (2) Independent School District No. 13, Columbia Heights; new text end

new text begin (3) Independent School District No. 38, Red Lake; new text end

new text begin (4) Independent School District No. 47, Sauk Rapids-Rice; new text end

new text begin (5) Independent School District No. 77, Mankato; new text end

new text begin (6) Independent School District No. 152, Moorhead; new text end

new text begin (7) Independent School District No. 166, Cook County; new text end

new text begin (8) Independent School District No. 177, Windom; new text end

new text begin (9) Independent School District No. 191, Burnsville; new text end

new text begin (10) Independent School District No. 535, Rochester; new text end

new text begin (11) Independent School District No. 659, Northfield; and new text end

new text begin (12) Independent School District No. 695, Chisholm. new text end

new text begin (b) Special School District No. 1, Minneapolis, must serve as the lead district in the pilot program. The duties of the lead district are: new text end

new text begin (1) convening virtual quarterly meetings of the participating districts to share updates on implementation to facilitate collaboration on promising practices; new text end

new text begin (2) developing a template for each district to report its goals, strategies, policies, or practices for counting and reporting attendance and absences, challenges, efforts to assess effectiveness, data on student absenteeism, and lessons learned; and new text end

new text begin (3) reporting progress and results of the pilot program in accordance with subdivision 4. new text end

new text begin (c) Independent School District No. 38, Red Lake, must partner with Charter School District No. 4298, Endazhi-Nitaawiging, to implement strategies to reduce student absenteeism at both the district and charter school. new text end

new text begin (d) By July 1, 2024, each district must designate a primary staff person responsible for implementing the pilot program. The participating districts must hold their first meeting by August 1, 2024. new text end

new text begin Subd. 3. new text end

new text begin Strategies. new text end

new text begin Participating districts must use pilot program aid to develop and implement sustainable strategies to reduce student absenteeism. Allowable uses of pilot program aid include but are not limited to: new text end

new text begin (1) addressing risk factors for high absenteeism through supports and interventions; new text end

new text begin (2) strategies that focus on the individual needs of each student; new text end

new text begin (3) personalized outreach to students who have stopped attending school, including home visits and connecting with students in community centers or other public areas; new text end

new text begin (4) regular meetings with students to provide tutoring or other supports or to connect students with resources that provide tutoring or other supports; new text end

new text begin (5) activities that increase students' sense of belonging in the school community; new text end

new text begin (6) data analysis to assess the effectiveness of district strategies; and new text end

new text begin (7) technology that assists districts' efforts to communicate with students and families. new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin (a) The lead school district must submit reports to the chairs and minority leaders of the legislative committees with jurisdiction over kindergarten through grade 12 education by December 31, 2024; July 1, 2025; July 1, 2026; and September 1, 2027. Each report must include each participating district's individual reports. new text end

new text begin (b) The first report must identify the goals and strategies each district plans to implement during the pilot program, and how each district counts and reports latenesses and absences. The other reports must identify each district's goals, strategies, challenges in meeting goals or implementing planned strategies, promising practices and practices that were not effective, and attendance data for the school year preceding the pilot program and the three school years of the pilot program. The attendance data must include attendance data for students that were absent up to ten percent of classes or school days, between ten and 29 percent of classes or school days, between 30 and 49 percent of classes or school days, and 50 percent or more of classes or school days; and for students who are homeless or highly mobile. The fourth report must also include recommendations for funding and statutory changes that would facilitate district efforts to implement local solutions to improve attendance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 21.

new text begin STUDENT ATTENDANCE AND TRUANCY LEGISLATIVE STUDY GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A legislative study group is established to study issues related to student attendance and truancy. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The legislative study group on student attendance and truancy consists of: new text end

new text begin (1) four duly elected and currently serving members of the house of representatives, two appointed by the speaker of the house and two appointed by the house minority leader; and new text end

new text begin (2) four duly elected and currently serving senators, two appointed by the senate majority leader and two appointed by the senate minority leader. new text end

new text begin (b) The appointments must be made by June 15, 2024, and expire December 31, 2024. new text end

new text begin (c) If a vacancy occurs, the leader of the caucus in the house of representatives or senate to which the vacating study group member belonged must fill the vacancy. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The legislative study group must study and evaluate ways to increase student attendance and reduce truancy. In preparing the recommendations, the group must consider the following: new text end

new text begin (1) current statutory requirements relating to student attendance and truancy; new text end

new text begin (2) currently available attendance data and additional data that would help schools and policy makers understand and reduce absenteeism; new text end

new text begin (3) the effect of school programs and strategies to improve attendance; new text end

new text begin (4) the role of school principals in addressing student absenteeism; new text end

new text begin (5) the role of the Department of Education in addressing student absenteeism; new text end

new text begin (6) the role of counties in addressing truancy; and new text end

new text begin (7) how truant students are tracked across county lines. new text end

new text begin (b) The study group must identify and include in its report any statutory changes needed to implement the study group recommendations. new text end

new text begin Subd. 4. new text end

new text begin Meetings and chair. new text end

new text begin (a) The speaker of the house must designate a member to convene the first meeting of the study group, which must be held no later than July 15, 2024. Members of the study group must elect a chair from among the members present at the first meeting. The study group must meet periodically. new text end

new text begin (b) Meetings of the study group are subject to Minnesota Statutes, section 3.055. The meetings may be conducted by interactive television. new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The Department of Education must cooperate with the legislative study group and provide information requested in a timely fashion. The Legislative Coordinating Commission must provide meeting space, technical and administrative support, and staff support for the study group. The study group may hold meetings in any publicly accessible location in the Capitol complex that is equipped with technology that can facilitate remote testimony. new text end

new text begin Subd. 6. new text end

new text begin Consultation with stakeholders. new text end

new text begin In making recommendations, the study group must consult with interested and affected stakeholders. new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin The study group must submit a preliminary report with its recommendations to the legislative committees and divisions with jurisdiction over kindergarten through grade 12 education by November 1, 2024, and a final report by December 31, 2024. new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The study group expires December 31, 2024, or on the date upon which the final report required under subdivision 7 is submitted to the legislature, whichever is later. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 22.

new text begin APPROPRIATION. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Attendance pilot program. new text end

new text begin (a) For attendance pilot program aid: new text end

new text begin $ new text end

new text begin 4,687,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) Of the amount in paragraph (a), the department must provide aid to the participating districts in the following amounts: new text end

new text begin (1) $1,022,000 for Special School District No. 1, Minneapolis; new text end

new text begin (2) $253,000 for Independent School District No. 13, Columbia Heights; new text end

new text begin (3) $196,000 for Independent School District No. 38, Red Lake; new text end

new text begin (4) $281,000 for Independent School District No. 47, Sauk Rapids-Rice; new text end

new text begin (5) $398,000 for Independent School District No. 77, Mankato; new text end

new text begin (6) $374,000 for Independent School District No. 152, Moorhead; new text end

new text begin (7) $164,000 for Independent School District No. 166, Cook County; new text end

new text begin (8) $185,000 for Independent School District No. 177, Windom; new text end

new text begin (9) $378,000 for Independent School District No. 191, Burnsville; new text end

new text begin (10) $670,000 for Independent School District No. 535, Rochester; new text end

new text begin (11) $266,000 for Independent School District No. 659, Northfield; and new text end

new text begin (12) $170,000 for Independent School District No. 695, Chisholm. new text end

new text begin (c) Up to $330,000 is available for the department to administer the pilot program and to support attendance data analysis and use. new text end

new text begin (d) Aid payments to school districts must be paid 100 percent in fiscal year 2025. Districts may use the aid in the 2024-2025, 2025-2026, and 2026-2027 school years. If a school district withdraws from the student attendance pilot program prior to the completion of the pilot project, the commissioner must proportionately reduce the district's aid amount and reduce the school district's other aid amounts by that same amount. new text end

new text begin (e) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 3. new text end

new text begin Minnesota Alliance With Youth. new text end

new text begin (a) For a grant to the Minnesota Alliance With Youth to improve student attendance and academic engagement provided through the Promise Fellow program: new text end

new text begin $ new text end

new text begin 625,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The Promise Fellow program must form partnerships with AmeriCorps members, individual schools, school districts, charter schools, and community organizations to provide attendance and academic engagement intervention services. Services may include family and caregiver outreach and engagement, academic support, connection to out-of-school activities and resources, and individual and small group mentoring designed to help students return to and maintain consistent school attendance. new text end

new text begin (c) The Minnesota Alliance With Youth must promote Promise Fellow program opportunities throughout the state. new text end

new text begin (d) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three percent of the appropriation is available for grant administration. new text end

new text begin (e) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 4. new text end

new text begin Student attendance and truancy legislative study group. new text end

new text begin (a) For transfer to the Legislative Coordinating Commission for the student attendance and truancy legislative study group: new text end

new text begin $ new text end

new text begin 64,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation. new text end

new text begin Subd. 5. new text end

new text begin English learner program task force. new text end

new text begin (a) For the English learner program task force: new text end

new text begin $ new text end

new text begin 117,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.018, subdivision 6, is amended to read:

Subd. 6.

Required standard.

"Required standard" means deleted text begin (1) deleted text end a statewide adopted expectation for student learning in the content areas of language arts, mathematics, science, social studies, physical education, new text begin health, new text end and the arts deleted text begin , and (2) a locally adopted expectation for student learning in health deleted text end . new text begin Locally developed academic standards in health apply until statewide rules implementing statewide health standards under section 120B.021, subdivision 3, are required to be implemented in the classroom. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

(a) The following subject areas are required for statewide accountability:

(1) language arts;

(2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent in high school, and to be prepared for the three credits of mathematics in grades 9 through 12, the grade 8 standards include completion of algebra;

(3) science, including earth and space science, life science, and the physical sciences, including chemistry and physics;

(4) social studies, including history, geography, economics, and government and citizenship that includes civics;

(5) physical education;

(6) health deleted text begin , for which locally developed academic standards apply deleted text end ; and

(7) the arts. Public elementary and middle schools must offer at least three and require at least two of the following five arts areas: dance; media arts; music; theater; and visual arts. Public high schools must offer at least three and require at least one of the following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education program team has determined that the required academic standards are inappropriate. An individualized education program team that makes this determination must establish alternative standards.

(c) The department may modify SHAPE America (Society of Health and Physical Educators) standards and adapt the national standards to accommodate state interest. The modification and adaptations must maintain the purpose and integrity of the national standards. The department must make available sample assessments, which school districts may use as an alternative to local assessments, to assess students' mastery of the physical education standards beginning in the 2018-2019 school year.

(d) A school district may include child sexual abuse prevention instruction in a health curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention instruction may include age-appropriate instruction on recognizing sexual abuse and assault, boundary violations, and ways offenders groom or desensitize victims, as well as strategies to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may provide instruction under this paragraph in a variety of ways, including at an annual assembly or classroom presentation. A school district may also provide parents information on the warning signs of child sexual abuse and available resources.

(e) District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.

new text begin (f) Locally developed academic standards in health apply until statewide rules implementing statewide health standards under subdivision 3 are required to be implemented in the classroom. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 2, is amended to read:

Subd. 2.

Standards development.

(a) The commissioner must consider advice from at least the following stakeholders in developing statewide rigorous core academic standards in language arts, mathematics, science, social studies, including history, geography, economics, government and citizenship, new text begin health, new text end and the arts:

(1) parents of school-age children and members of the public throughout the state;

(2) teachers throughout the state currently licensed and providing instruction in language arts, mathematics, science, social studies, new text begin health, new text end or the arts and licensed elementary and secondary school principals throughout the state currently administering a school site;

(3) currently serving members of local school boards and charter school boards throughout the state;

(4) faculty teaching core subjects at postsecondary institutions in Minnesota;

(5) representatives of the Minnesota business community; deleted text begin and deleted text end

(6) representatives from the Tribal Nations Education Committee and Tribal Nations and communities in Minnesota, including both Anishinaabe and Dakota deleted text begin . deleted text end new text begin ; and new text end

new text begin (7) current students, with input from the Minnesota Youth Council. new text end

(b) Academic standards must:

(1) be clear, concise, objective, measurable, and grade-level appropriate;

(2) not require a specific teaching methodology or curriculum; and

(3) be consistent with the Constitutions of the United States and the state of Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 3, is amended to read:

Subd. 3.

Rulemaking.

new text begin (a) new text end The commissioner, consistent with the requirements of this section and section 120B.022, must adopt statewide rules under section 14.389 for implementing statewide rigorous core academic standards in language arts, mathematics, science, social studies, physical education, and the arts.

new text begin (b) The commissioner must adopt statewide rules for implementing statewide rigorous core academic standards in health. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 4, is amended to read:

Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must revise the state's academic standards and graduation requirements and implement a ten-year cycle to review and, consistent with the review, revise state academic standards and related benchmarks, consistent with this subdivision. During each ten-year review and revision cycle, the commissioner also must examine the alignment of each required academic standard and related benchmark with the knowledge and skills students need for career and college readiness and advanced work in the particular subject area. The commissioner must include the contributions of Minnesota American Indian Tribes and communities, including urban Indigenous communities, as related to the academic standards during the review and revision of the required academic standards. The commissioner must embed Indigenous education for all students consistent with recommendations from Tribal Nations and urban Indigenous communities in Minnesota regarding the contributions of American Indian Tribes and communities in Minnesota into the state's academic standards during the review and revision of the required academic standards. The recommendations to embed Indigenous education for all students includes but is not limited to American Indian experiences in Minnesota, including Tribal histories, Indigenous languages, sovereignty issues, cultures, treaty rights, governments, socioeconomic experiences, contemporary issues, and current events.

(b) The commissioner must ensure that the statewide mathematics assessments administered to students in grades 3 through 8 and 11 are aligned with the state academic standards in mathematics, consistent with section 120B.302, subdivision 3, paragraph (a). The commissioner must implement a review of the academic standards and related benchmarks in mathematics beginning in the 2021-2022 school year and every ten years thereafter.

(c) The commissioner must implement a review of the academic standards and related benchmarks in arts beginning in the 2017-2018 school year and every ten years thereafter.

(d) The commissioner must implement a review of the academic standards and related benchmarks in science beginning in the 2018-2019 school year and every ten years thereafter.

(e) The commissioner must implement a review of the academic standards and related benchmarks in language arts beginning in the 2019-2020 school year and every ten years thereafter.

(f) The commissioner must implement a review of the academic standards and related benchmarks in social studies beginning in the 2020-2021 school year and every ten years thereafter.

(g) The commissioner must implement a review of the academic standards and related benchmarks in physical education beginning in the 2026-2027 school year and every ten years thereafter.

new text begin (h) The commissioner must implement a review of the academic standards and related benchmarks in health education beginning in the 2034-2035 school year and every ten years thereafter. new text end

deleted text begin (h) deleted text end new text begin (i) new text end School districts and charter schools must revise and align local academic standards and high school graduation requirements in deleted text begin health, deleted text end world languages deleted text begin , deleted text end and career and technical education to require students to complete the revised standards beginning in a school year determined by the school district or charter school. School districts and charter schools must formally establish a periodic review cycle for the academic standards and related benchmarks in deleted text begin health, deleted text end world languages deleted text begin , deleted text end and career and technical education.

deleted text begin (i) deleted text end new text begin (j) new text end The commissioner of education must embed technology and information literacy standards consistent with recommendations from school media specialists into the state's academic standards and graduation requirements.

deleted text begin (j) deleted text end new text begin (k) new text end The commissioner of education must embed ethnic studies as related to the academic standards during the review and revision of the required academic standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 1, is amended to read:

Subdivision 1.

Graduation requirements.

(a) Students must successfully complete the following high school level credits for graduation:

(1) four credits of language arts sufficient to satisfy all of the academic standards in English language arts;

(2) three credits of mathematics sufficient to satisfy all of the academic standards in mathematics;

(3) three credits of science, including one credit to satisfy all the earth and space science standards for grades 9 through 12, one credit to satisfy all the life science standards for grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for grades 9 through 12;

(4) three and one-half credits of social studies, including credit for a course in government and citizenship in either grade 11 or 12 for students beginning grade 9 in the 2024-2025 school year and later or an advanced placement, international baccalaureate, or other rigorous course on government and citizenship under section 120B.021, subdivision 1a, and a combination of other credits encompassing at least United States history, geography, government and citizenship, world history, and economics sufficient to satisfy all of the academic standards in social studies;

(5) one credit of the arts sufficient to satisfy all of the academic standards in the arts;

(6) credits sufficient to satisfy the state standards in physical education; deleted text begin and deleted text end

new text begin (7) credits sufficient to satisfy the state standards in health upon adoption of statewide rules for implementing health standards under section 120B.021; and new text end

deleted text begin (7) deleted text end new text begin (8) new text end a minimum of seven elective credits.

(b) Students who begin grade 9 in the 2024-2025 school year and later must successfully complete a course for credit in personal finance in grade 10, 11, or 12. A teacher of a personal finance course that satisfies the graduation requirement must have a field license or out-of-field permission in agricultural education, business, family and consumer science, social studies, or math.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 7.

Minnesota Statutes 2022, section 121A.035, is amended to read:

121A.035 CRISIS MANAGEMENT POLICY.

Subdivision 1.

Model policy.

The commissioner shall maintain and make available to school boards and charter schools a model crisis management policy that includes, among other items, new text begin cardiac emergency response plans, new text end school lock-down and tornado drills, consistent with subdivision 2, and school fire drills under section 299F.30.

Subd. 2.

School district and charter school policy.

new text begin (a) new text end A school board and a charter school must adopt a crisis management policy to address potential violent crisis situations in the district or charter school. The policy must be developed cooperatively with administrators, teachers, employees, students, parents, community members, law enforcement agencies, other emergency management officials, county attorney offices, social service agencies, emergency medical responders, and any other appropriate individuals or organizations. The policy must include at least five school lock-down drills, five school fire drills consistent with section 299F.30, and one tornado drill.

new text begin (b) A school board or a charter school may adopt the model cardiac emergency response plan provided by the commissioner under subdivision 1. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 8.

Minnesota Statutes 2022, section 124D.093, subdivision 4, is amended to read:

Subd. 4.

Approval process.

(a) The commissioner of education must appoint an advisory committee to review the applications and to recommend approval for those applications that meet the requirements of this section. The commissioner of education has final authority over application approvals.

(b) To the extent practicable, the commissioner must ensure an equitable geographic distribution of approved P-TECH schools.

deleted text begin (c) The commissioner must first begin approving applications for a P-TECH school enrolling students in the 2020-2021 school year or later. deleted text end

Sec. 9.

Minnesota Statutes 2022, section 124D.093, subdivision 5, is amended to read:

Subd. 5.

P-TECH new text begin implementation grants: new text end support new text begin ; start-up; and mentoring new text end grants.

new text begin (a) new text end When an appropriation is available, each P-TECH school is eligible for a grant to support start-up and ongoing program costs, which may include, but are not limited to, recruitment, student support, program materials, and P-TECH school liaisons. new text begin A P-TECH school may form a partnership with a school in another school district. new text end

new text begin (b) For fiscal year 2026 and later, the maximum P-TECH support grant must not exceed $500,000 per year. new text end

new text begin (c) new text end An approved P-TECH school is eligible to receive a grant to support start-up costs the year before first enrolling P-TECH students. new text begin A start-up grant may be awarded to a new applicant in an amount not to exceed $50,000. new text end

new text begin (d) A grant recipient operating a P-TECH program may provide mentoring and technical assistance to a school eligible for a start-up grant. A mentoring and technical assistance grant may not exceed $50,000. new text end

new text begin (e) For each year that an appropriation is made for the purposes of this section, the department may retain five percent of the appropriation for grant administration and program oversight. new text end

Sec. 10.

Minnesota Statutes 2022, section 124D.957, subdivision 1, is amended to read:

Subdivision 1.

Establishment and membership.

The Minnesota Youth Council Committee is established within and under the auspices of the Minnesota Alliance With Youth. The committee consists of four members from each congressional district in Minnesota and four members selected at-large. Members must be selected through an application and interview process conducted by the Minnesota Alliance With Youth. In making its appointments, the Minnesota Alliance With Youth should strive to ensure gender and ethnic diversity in the committee's membership. Members must be deleted text begin between the ages of 13 and 19 deleted text end new text begin in grades 8 through 12 new text end and serve two-year terms, except that one-half of the initial members must serve a one-year term. Members may serve a maximum of two terms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for appointments made on or after July 1, 2024. new text end

Sec. 11.

Laws 2023, chapter 55, article 1, section 36, subdivision 13, is amended to read:

Subd. 13.

Emergency medical training.

(a) For grants to offer high school students courses in emergency medical services:

	$	500,000	.....	2024
	$	deleted text begin 500,000 deleted text end new text begin 750,000 new text end	.....	2025

(b) A school district, charter school, or cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2, may apply for a grant under this section to offer enrolled students emergency medical services courses approved by the Minnesota Emergency Medical Services Regulatory Board to prepare students to take the emergency medical technician certification test, including an emergency medical services course that is a prerequisite to an emergency medical technician course.

(c) A grant recipient may use grant funds to partner with a district, charter school, cooperative unit, postsecondary institution, political subdivision, or entity with expertise in emergency medical services, including health systems, hospitals, ambulance services, and health care providers to offer an emergency medical services course.

(d) Eligible uses of grant funds include teacher salaries, transportation, equipment costs, emergency medical technician certification test fees, and student background checks.

(e) To the extent practicable, the commissioner must award new text begin at least new text end half of the grant funds to applicants outside of the seven-county metropolitan area, and new text begin at least new text end 30 percent of the grant funds to applicants with high concentrations of students of color.

(f) Any balance in the first year does not cancel but is available in the second year.

new text begin (g) Up to $50,000 each year is available for grant administration. new text end

new text begin (h) Of the amount in fiscal year 2025 only, $250,000 is for a grant to Independent School District No. 742, St. Cloud, for an emergency medical services education facility suitable for coursework in emergency medical services. For the project under this paragraph, eligible uses of grant funds include any design and construction costs and remodeling costs necessary to prepare the education facility in addition to the eligible uses under paragraph (d). Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, in addition to the amount under paragraph (g), up to three percent of the amount in this paragraph is available for grant administration. new text end

new text begin (i) The base for fiscal year 2026 and later is $500,000. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 12.

Laws 2023, chapter 55, article 2, section 61, subdivision 4, is amended to read:

Subd. 4.

Computer science educator training and capacity building.

(a) The Department of Education shall develop and implement, or award grants or subcontract with eligible entities, for the development and implementation of high-quality, coordinated teacher recruitment and educator training programs for computer science courses and content as defined in subdivision 1 deleted text begin and deleted text end new text begin or new text end aligned to the state strategic plan as developed under subdivision 3.

(b) For the purposes of this subdivision, eligible entities include:

(1) new text begin local educational agencies or new text end a consortium of local educational agencies in the state; deleted text begin and deleted text end new text begin or new text end

(2) high-quality computer science professional learning providers, including institutions of higher education in the state that are reasonably accessible geographically to all Minnesota educators, nonprofits, other state-funded entities, or private entities working in partnership with a consortium of local educational agencies.

(c) For purposes of this subdivision, eligible uses of funding include:

(1) high-quality professional learning opportunities for kindergarten through grade 12 computer science content that:

(i) are created and delivered in a consistent manner across the state;

(ii) are made available with no out-of-pocket expenses to educators, including teachers, counselors, administrators, and other district employees as approved by the Department of Education, schools, and school districts;

(iii) are made available asynchronously online, in person, and online or hybrid as determined appropriate by the Department of Education; and

(iv) include introductory, intermediate, and advanced trainings aligned to the kindergarten through grade 12 academic standards or, as necessary, other standards approved by the Department of Education, specified for each of the grade bands kindergarten through grade 2, grades 3 to 5, grades 6 to 8, and grades 9 to 12;

(2) professional learning opportunities for educators of students in grades 9 to 12 that may include trainings for advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses;

(3) travel expenses for kindergarten through grade 12 computer science teachers:

(i) for attending training opportunities under clauses (1) and (2); and

(ii) deemed appropriate and approved by the commissioner of education, or the commissioner of education's designee;

(4) any future credentialing for kindergarten through grade 12 computer science teachers, including Career and Technical Education and academic endorsements;

(5) supports for kindergarten through grade 12 computer science professional learning, including mentoring and coaching;

(6) creation and deployment of resources to promote training opportunities and recruitment of kindergarten through grade 12 computer science teachers;

(7) creation or purchase of resources to support implementation approved by the commissioner of education, or the commissioner of education's designee;

(8) creation and deployment of resources to promote learning opportunities or recruit students to engage in the learning opportunities;

(9) development of teacher credentialing programs;

(10) planning for districts to implement or expand computer science education opportunities; deleted text begin and deleted text end new text begin or new text end

(11) employment, or grant for employment, of personnel or contractors to oversee the statewide initiative, develop programs and trainings, and deliver training opportunities under clause (1).

(d) As a condition of receiving any funding through grants or subcontracts, eligible entities must submit an application to the Department of Education. The application must, at a minimum, address how the entity will:

(1) reach new and existing teachers with little to no computer science background;

(2) attract and support educators from schools that currently do not have established computer science education programs;

(3) use research- or evidence-based practices for high-quality professional development;

(4) focus the professional learning on the conceptual foundations of computer science;

(5) reach and support subgroups underrepresented in computer science;

(6) provide teachers with concrete experience through hands-on, inquiry-based practices;

(7) accommodate the particular teacher and student needs in each district and school; and

(8) ensure that participating districts begin offering new text begin computer science new text end courses or new text begin computer science new text end content new text begin as part of another course new text end within the same or subsequent school year after the teacher receives the professional learning.

(e) The Department of Education shall prioritize the following applications:

(1) new text begin local educational agencies or new text end consortiums of local educational agencies that are working in partnership with providers of high-quality professional learning for kindergarten through grade 12 computer science;

(2) proposals that describe strategies to increase new text begin computer science participation or new text end enrollment overall, including but not limited to subgroups of students that are traditionally underrepresented in computer science; and

(3) proposals from rural or urban areas with a low penetration of kindergarten through grade 12 computer science offerings, including local education consortiums within these areas.

(f) The award recipient shall report, for all funding received under this section annually, at a minimum:

(1) the number of teachers:

(i) trained within each elementary, middle, and high school; and

(ii) trained within trainings offered as outlined in paragraph (c), clause (1), item (iv);

(2) the number of trainings offered in advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses; and

(3) the number of teachers, and percentage of teachers trained, that started implementing computer science courses limited to middle and high school implementation.

(g) The Department of Education shall make these reports public. The publicly released data shall not include student-level personally identifiable information.

Sec. 13.

Laws 2023, chapter 55, article 2, section 64, subdivision 2, as amended by Laws 2024, chapter 81, section 8, is amended to read:

Subd. 2.

Achievement and integration aid.

(a) For achievement and integration aid under Minnesota Statutes, section 124D.862:

	$	82,818,000	.....	2024
	$	deleted text begin 84,739,000 deleted text end new text begin 85,043,000 new text end	.....	2025

(b) The 2024 appropriation includes $8,172,000 for 2023 and $74,646,000 for 2024.

(c) The 2025 appropriation includes $8,294,000 for 2024 and deleted text begin $76,445,000 deleted text end new text begin $76,749,000 new text end for 2025.

Sec. 14.

Laws 2023, chapter 55, article 2, section 64, subdivision 9, is amended to read:

Subd. 9.

Computer science education advancement.

(a) For computer science advancement:

	$	500,000	.....	2024
	$	500,000	.....	2025

(b) Of this amount, $150,000 is for the computer science supervisor.

new text begin (c) For fiscal year 2025 only, $50,000 must be transferred to the Professional Educator Licensing and Standards Board for computer science teacher licensure activities. new text end

deleted text begin (c) deleted text end new text begin (d) new text end Eligible uses of the appropriation include expenses related to the implementation of article 2, section 61, deleted text begin and deleted text end new text begin or new text end expenses related to the development, advancement, and promotion of kindergarten through grade 12 computer science education.

deleted text begin (d) deleted text end new text begin (e) new text end Any balance in the first year does not cancel and is available in the second year.

Sec. 15.

Laws 2023, chapter 55, article 2, section 64, subdivision 14, is amended to read:

Subd. 14.

Ethnic studies school grants.

(a) For competitive grants to school districts and charter schools to develop, evaluate, and implement ethnic studies courses:

	$	700,000	.....	2024
	$	700,000	.....	2025

(b) The commissioner must consult with the Ethnic Studies Working Group to develop criteria for the grants.

(c) Up to five percent of the appropriation is available for grant administration.

new text begin (d) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 16.

Laws 2023, chapter 55, article 2, section 64, subdivision 16, is amended to read:

Subd. 16.

Full-service community schools.

(a) For grants to plan or expand the full-service community schools program under Minnesota Statutes, section 124D.231:

	$	7,500,000	.....	2024
	$	7,500,000	.....	2025

(b) Of this amount, priority must be given to programs in the following order:

(1) current grant recipients issued under Minnesota Statutes, section 124D.231;

(2) schools identified as low-performing under the federal Every Student Succeeds Act; and

(3) any other applicants.

(c) Up to two percent of the appropriation is available for grant administration.

(d) The base for fiscal year 2026 and later is $5,000,000.

new text begin (e) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 17.

Laws 2023, chapter 55, article 2, section 64, subdivision 26, is amended to read:

Subd. 26.

Minnesota Council on Economic Education.

(a) For a grant to the Minnesota Council on Economic Education:

	$	200,000	.....	2024
	$	200,000	.....	2025

(b) The grant must be used to:

(1) provide professional development to kindergarten through grade 12 teachers implementing state graduation standards in learning areas related to economic education; and

(2) support the direct-to-student ancillary economic and personal finance programs that teachers supervise and coach.

(c) By February 15 of each year following the receipt of a grant, the Minnesota Council on Economic Education must report to the commissioner of education the number and type of in-person and online teacher professional development opportunities provided by the Minnesota Council on Economic Education or its affiliated state centers. The report must include a description of the content, length, and location of the programs; the number of preservice and licensed teachers receiving professional development through each of these opportunities; and summaries of evaluations of teacher professional opportunities.

(d) deleted text begin The Department of Education must pay the full amount of the grant to the Minnesota Council on Economic Education by August 15 of each fiscal year for which the grant is appropriated. deleted text end The Minnesota Council on Economic Education must submit its fiscal reporting in the form and manner specified by the commissioner. The commissioner may request additional information as necessary.

(e) Any balance in the first year does not cancel but is available in the second year.

(f) The base for fiscal year 2026 and later is $0.

Sec. 18.

Laws 2023, chapter 55, article 2, section 64, subdivision 31, is amended to read:

Subd. 31.

Nonexclusionary discipline.

(a) For grants to school districts and charter schools to provide training for school staff on nonexclusionary disciplinary practices:

	$	1,750,000	.....	2024
	$	1,750,000	.....	2025

(b) Grants are to develop training and to work with schools to train staff on nonexclusionary disciplinary practices that maintain the respect, trust, and attention of students and help keep students in classrooms. These funds may also be used for grant administration.

(c) Eligible grantees include school districts, charter schools, intermediate school districts, and cooperative units as defined in section 123A.24, subdivision 2.

(d) Up to five percent of the appropriation is available for grant administration.

new text begin (e) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 19.

Laws 2023, chapter 55, article 2, section 64, subdivision 33, is amended to read:

Subd. 33.

P-TECH schools.

(a) For P-TECH support grants under Minnesota Statutes, section 124D.093, subdivision 5:

	$	791,000	.....	2024
	$	deleted text begin 791,000 deleted text end new text begin 0 new text end	.....	2025

(b) The amounts in this subdivision are for grants, including to a public-private partnership that includes Independent School District No. 535, Rochester.

(c) deleted text begin Any balance in the first year does not cancel but is available in the second year deleted text end new text begin This appropriation is available until June 30, 2025. The base for fiscal year 2026 and later is $0 new text end .

new text begin (d) Up to five percent of the fiscal year 2024 appropriation is available for grant administration. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 20.

new text begin ALTERNATIVE TO PUBLISHING. new text end

new text begin (a) Notwithstanding any law to the contrary, when a qualified newspaper designated by a school district ceases to exist for any reason except consolidation with another newspaper, the school district may publish its proceedings on the school district's website instead of publishing the proceedings in a newspaper. The school district must also request that the same information be posted at each public library located within the school district for the notice's publication period. This section expires August 1, 2026. new text end

new text begin (b) If, before August 1, 2026, there is a newspaper located within a school district's boundaries that is qualified to be designated as the school district's official newspaper pursuant to Minnesota Statutes, section 331A.04, then the exemption provided in this section shall not apply, provided that the qualified newspaper's legal rate is not more than ten percent above the rate charged by the school district's previous official newspaper and the qualified newspaper provides some coverage of the activities of the school district that is publishing the notice. new text end

Sec. 21.

new text begin HEALTH EDUCATION STANDARDS. new text end

new text begin Subdivision 1. new text end

new text begin Statewide standards. new text end

new text begin The commissioner of education must begin the rulemaking process to adopt statewide academic standards in health in accordance with Minnesota Statutes, chapter 14 and section 120B.021. The commissioner must consult with the commissioner of health and the commissioner of human services in developing the proposed rules. The rules must include at least the expectations for student learning listed in subdivision 2, and may include the expectations in subdivision 3, in addition to other expectations for learning identified through the standards development process. new text end

new text begin Subd. 2. new text end

new text begin Required health-related subject areas. new text end

new text begin The commissioner must include the following expectations for learning in the statewide standards: new text end

new text begin (1) cardiopulmonary resuscitation and automatic external defibrillator education that allows districts to provide instruction to students in grades 7 through 12 in accordance with Minnesota Statutes, section 120B.236; new text end

new text begin (2) vaping awareness and prevention education that allows districts to provide instruction to students in grades 6 through 8 in accordance with Minnesota Statutes, section 120B.238, subdivision 3; new text end

new text begin (3) cannabis use and substance use education that allows districts to provide instruction to students in grades 6 through 12 in accordance with Minnesota Statutes, section 120B.215; new text end

new text begin (4) sexually transmitted infections and diseases education that meets the requirements of Minnesota Statutes, section 121A.23; and new text end

new text begin (5) mental health education for students in grades 4 through 12. new text end

new text begin Subd. 3. new text end

new text begin Other health-related subject areas. new text end

new text begin The commissioner may include the following expectations for learning in the statewide standards: new text end

new text begin (1) child sexual abuse prevention education in accordance with Minnesota Statutes, sections 120B.021, subdivision 1, paragraph (d); and 120B.234; new text end

new text begin (2) violence prevention education in accordance with Minnesota Statutes, section 120B.22; new text end

new text begin (3) character development education in accordance with Minnesota Statutes, section 120B.232; new text end

new text begin (4) safe and supportive schools education in accordance with Minnesota Statutes, section 121A.031, subdivision 5; and new text end

new text begin (5) other expectations for learning identified through the standards development process. new text end

Sec. 22.

new text begin APPROPRIATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Department of Education for the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Civic education grants. new text end

new text begin (a) For grants to the YMCA Youth in Government program and the YMCA Center for Youth Voice program to support civic education programs for youth age 18 and under by providing teacher professional development, educational resources, and program support: new text end

new text begin $ new text end

new text begin 150,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The Youth in Government and Center for Youth Voice programs must instruct students in: new text end

new text begin (1) the constitutional principles and the democratic foundation of our national, state, and local institutions; and new text end

new text begin (2) the political processes and structures of government, grounded in the understanding of constitutional government and individual rights. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three percent of the appropriation is available for grant administration. new text end

new text begin (d) This is a onetime appropriation. new text end

new text begin Subd. 3. new text end

new text begin Minnesota Youth Council. new text end

new text begin (a) For a grant to the Minnesota Alliance With Youth for the activities of the Minnesota Youth Council: new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to three percent of the appropriation is available for grant administration. new text end

new text begin (c) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin (a) For rulemaking and administrative costs related to health education standards: new text end

new text begin $ new text end

new text begin 627,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 5. new text end

new text begin P-TECH schools. new text end

new text begin (a) For P-TECH implementation grants under Minnesota Statutes, section 124D.093, subdivision 5: new text end

new text begin $ new text end

new text begin 791,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The amount in paragraph (a) is for a grant to a public-private partnership that includes Independent School District No. 535, Rochester. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the department may retain money from this appropriation for administrative costs under Minnesota Statutes, section 124D.093, subdivision 5. new text end

new text begin (d) This appropriation is available until June 30, 2027. new text end

new text begin (e) The department may award start-up and mentoring and technical assistance grants beginning in fiscal year 2026. The base for fiscal year 2026 is $791,000, of which at least $500,000 is for a support grant to a public-private partnership that includes Independent School District No. 535, Rochester. The base for fiscal year 2027 and later is $791,000, of which at least $250,000 is for a support grant to a public-private partnership that includes Independent School District No. 535, Rochester. new text end

ARTICLE 3

THE READ ACT

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.124, subdivision 1, is amended to read:

Subdivision 1.

Resources.

new text begin (a) new text end The Department of Education must partner with CAREI for two years beginning July 1, 2023, until August 30, 2025, to support implementation of the Read Act. The department and CAREI must jointly:

(1) identify at least five literacy curricula and supporting materials that are evidence-based or focused on structured literacy by January 1, 2024, and post a list of the curricula on the department website. The list must include curricula that use culturally and linguistically responsive materials that reflect diverse populations and deleted text begin , to the extent practicable, deleted text end curricula that reflect the experiences of students from diverse backgrounds, including multilingual learners, biliterate students, and students who are Black, Indigenous, and People of Color. new text begin A district that purchases an approved curriculum before the cultural responsiveness review is completed is encouraged to work with the curriculum's publisher to obtain updated materials that are culturally and linguistically responsive and reflect diverse populations. new text end A district is not required to use an approved curriculum deleted text begin , unless the curriculum was purchased deleted text end deleted text begin with state funds that require a curriculum to be selected from a list of approved curricula deleted text end ;

(2) identify at least three professional development programs that focus on the five pillars of literacy and the components of structured literacy by August 15, 2023, subject to final approval by the department. The department must post a list of the programs on the department website. The programs may include a program offered by CAREI. The requirements of section 16C.08 do not apply to the selection of a provider under this section;

(3) identify evidence-based literacy intervention materials for students in kindergarten through grade 12;

(4) develop an evidence-based literacy lead training new text begin and coaching new text end program that trains new text begin and supports new text end literacy specialists throughout Minnesota to support schools' efforts in screening, measuring growth, monitoring progress, and implementing interventions in accordance with subdivision 1 new text begin . Literacy lead training must include instruction on how to train paraprofessionals and volunteers that provide Tier 2 interventions on evidence-based literacy intervention new text end ;

(5) identify measures of foundational literacy skills and mastery that a district must report on a local literacy plan;

(6) provide guidance to districts about best practices in literacy instruction, and practices that are not evidence-based;

(7) develop MTSS model plans that districts may adopt to support efforts to screen, identify, intervene, and monitor the progress of students not reading at grade level; deleted text begin and deleted text end

(8) ensure that teacher professional development options and MTSS framework trainings are geographically equitable by supporting trainings through the regional service cooperatives deleted text begin . deleted text end new text begin ; new text end

new text begin (9) develop a coaching and mentorship program for certified trained facilitators based on the previously approved trainings; and new text end

new text begin (10) identify at least 15 evidence-based literacy intervention models by November 1, 2025, and post a list of the interventions on the department website. A district is not required to use an approved intervention model. new text end

new text begin (b) The department must contract with a third party to develop culturally and linguistically responsive supplemental materials and guidance for the approved literacy curricula to meet the culturally and linguistically responsive standards under paragraph (a), clause (1). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 120B.124, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Volunteer and paraprofessional training. new text end

new text begin (a) The department and CAREI must develop and provide training on evidence-based literacy interventions for the following unlicensed persons that regularly provide Tier 2 interventions to students in Minnesota districts: new text end

new text begin (1) paraprofessionals and other unlicensed school staff; and new text end

new text begin (2) volunteers, contractors, and other persons not employed by Minnesota districts. new text end

new text begin (b) The regional literacy networks must develop and provide training on evidence-based literacy interventions consistent with paragraph (a). new text end

new text begin (c) CAREI and the regional literacy networks must collaborate to ensure that training provided by CAREI and the regional literacy networks is consistent across providers. The trainings must not exceed eight hours. The trainings must be based on approved training developed for teachers, and must include a train the trainer component to enable literacy leads to provide the training to paraprofessionals and volunteers. CAREI and the regional literacy networks must provide the trainings at no cost to paraprofessionals and other unlicensed school staff who regularly provide Tier 2 interventions to students in Minnesota districts. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.98, subdivision 5, is amended to read:

Subd. 5.

Literacy incentive aid uses.

A school district must use its literacy incentive aid to support implementation of evidence-based reading instruction. The following are eligible uses of literacy incentive aid:

(1) training for kindergarten through grade 3 teachers, early childhood educators, special education teachers, reading intervention teachers working with students in kindergarten through grade 12, curriculum directors, and instructional support staff that provide reading instruction, on using evidence-based screening and progress monitoring tools;

(2) evidence-based training using a training program approved by the Department of Education new text begin under the Read Act new text end ;

(3) employing or contracting with a literacy lead, as defined in section deleted text begin 120B.1118 deleted text end new text begin 120B.119 new text end ;

new text begin (4) employing an intervention specialist; new text end

deleted text begin (4) deleted text end new text begin (5) approved screeners, new text end materials, training, and ongoing coaching to ensure reading interventions under section 125A.56, subdivision 1, are evidence-based; deleted text begin and deleted text end

deleted text begin (5) deleted text end new text begin (6) new text end costs of substitute teachers to allow teachers to complete required training during the teachers' contract day deleted text begin . deleted text end new text begin ; and new text end

new text begin (7) stipends for teachers completing training required under section 120B.12. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 4.

Laws 2023, chapter 55, article 3, section 11, subdivision 3, is amended to read:

Subd. 3.

Read Act deleted text begin curriculum and intervention materials reimbursement deleted text end new text begin literacy aid new text end .

(a) deleted text begin To reimburse deleted text end new text begin For state aid for new text end school districts, charter schools, and cooperative units for evidence-based literacy supports for children in prekindergarten through grade 12 based on structured literacy:

$

35,000,000

.....

2024

deleted text begin (b) The commissioner must use this appropriation to reimburse school districts, charter schools, and cooperatives for approved evidence-based structured literacy curriculum and supporting materials, and intervention materials purchased after July 1, 2021. An applicant must apply for the reimbursement in the form and manner determined by the commissioner. deleted text end

deleted text begin (c) The commissioner must report to the legislative committees with jurisdiction over kindergarten through grade 12 education the districts, charter schools, and cooperative units that receive literacy grants and the amounts of each grant, by January 15, 2025, according to Minnesota Statutes, section 3.195. deleted text end

new text begin (b) The aid amount for each school district, charter school, and cooperative unit providing direct instructional services equals the greater of $2,000 or $39.94 times the number of students served by the school district, charter school, or cooperative as determined by the fall 2023 enrollment count of students. new text end

new text begin (c) A school district, charter school, or cooperative unit must place any aid received under this subdivision in a reserved account in the general fund. Aid in the reserved account must be used to implement requirements under the Read Act or for literacy incentive aid uses under Minnesota Statutes, section 124D.98, subdivision 5. new text end

deleted text begin (d) A school district, charter school, or cooperative unit must purchase curriculum and instructional materials that reflect diverse populations. deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end Of this amount, up to $250,000 is available for deleted text begin grant deleted text end administration.

deleted text begin (f) deleted text end new text begin (e) new text end This is a onetime appropriation and is available until June 30, deleted text begin 2028 deleted text end new text begin 2025 new text end .

new text begin (f) This aid is 100 percent payable in fiscal year 2025. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Laws 2023, chapter 55, article 3, section 11, subdivision 4, is amended to read:

Subd. 4.

Read Act professional development.

(a) For evidence-based training on structured literacy for teachers working in school districts, charter schools, and cooperatives:

	$	34,950,000	.....	2024
	$	deleted text begin 0 deleted text end new text begin 4,000,000 new text end	.....	2025

(b) Of the amount new text begin for fiscal year 2024 new text end in paragraph (a), $18,000,000 is for new text begin the Department of Education and the new text end regional literacy networks and $16,700,000 is for statewide training. The department must use the funding to develop new text begin a data collection system to collect and analyze the submission of the local literacy plans and student-level universal screening data, to establish the new text end regional literacy networks as a partnership between the department and the Minnesota service cooperatives, and to administer statewide training based in structured literacy to be offered free to school districts and charter schools and facilitated by the regional literacy networks and the department. The regional literacy networks must focus on implementing comprehensive literacy reform efforts based on structured literacy. Each regional literacy network must add a literacy lead position and establish a team of trained literacy coaches to facilitate evidence-based structured literacy training opportunities and ongoing supports to school districts and charter schools in each of their regions. new text begin The amount in fiscal year 2025 is for statewide training. Funds appropriated under this subdivision may also be used to provide training in structured literacy to fourth and fifth grade classroom teachers and literacy professors from Minnesota institutions of higher education. new text end

(c) Of the amount in paragraph (a), $250,000 new text begin in fiscal year 2024 only new text end is for administration.

(d) If funds remain unspent on July 1, 2026, the commissioner must expand eligibility for approved training to include principals and other district, charter school, or cooperative administrators.

(e) The commissioner must report to the legislative committees with jurisdiction over kindergarten through grade 12 education the number of teachers from each district who received approved structured literacy training using funds under this subdivision, and the amounts awarded to districts, charter schools, or cooperatives.

(f) The regional literacy networks and staff at the Department of Education must provide ongoing support to school districts, charter schools, and cooperatives implementing evidence-based literacy instruction.

(g) This appropriation is available until June 30, 2028. The base for fiscal year 2026 and later is $7,750,000, of which $6,500,000 is for the regional literacy networks and $1,250,000 is for statewide training.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 6.

new text begin READ ACT DEAF, DEAFBLIND, AND HARD OF HEARING WORKING GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Working group purpose. new text end

new text begin The Department of Education must establish a working group to make recommendations on literacy training, screeners, and curriculum for students who cannot fully access sound-based approaches such as phonics. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The Department of Education must appoint representatives from the Center for Applied Research and Educational Improvement at the University of Minnesota; the Minnesota Commission of the Deaf, Deafblind and Hard of Hearing; the Minnesota State Academies; Metro Deaf School; intermediate school districts; regional low-incidence facilitators; a Deaf and Hard of Hearing teacher licensure preparation program in Minnesota approved by the Professional Educator Licensing and Standards Board; and teachers of students who are deaf, deafblind, or hard of hearing. new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The working group must review curriculum, screeners, and training approved under the Read Act and make recommendations for adapting curriculum, screeners, and training available to districts, charter schools, teachers, and administrators to meet the needs of students and educators who cannot fully access sound-based approaches. The report must address how approved curriculum, screeners, and training may be modified and identify resources for alternatives to sound-based approaches. The working group must post its report on the Department of Education website, and submit the report to the legislative committees with jurisdiction over kindergarten through grade 12 education no later than January 15, 2025. new text end

new text begin Subd. 4. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner, or the commissioner's designee, must convene the initial meeting of the working group. At the first meeting, the department must provide members of the working group information on structured literacy and the curriculum, screeners, and training approved under the Read Act. new text end

new text begin (b) Members of the working group are eligible for per diem compensation as provided under Minnesota Statutes, section 15.059, subdivision 3. The working group expires January 16, 2025, or upon submission of the report to the legislature under subdivision 3, whichever is earlier. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

new text begin TEACHER COMPENSATION FOR READ ACT TRAINING. new text end

new text begin Subdivision 1. new text end

new text begin Funding uses. new text end

new text begin (a) For purposes of this section, "district" means a school district, charter school, or cooperative unit providing direct instructional services. new text end

new text begin (b) A district must use the funding appropriated under this section only to compensate eligible teachers for completing approved training required under the Read Act. Notwithstanding Minnesota Statutes, section 179A.20, subdivision 3, a district must enter into a memorandum of understanding with the exclusive representative of teachers in the district that provides how funding under this section may be used. Compensation of eligible teachers may include but is not limited to: new text end

new text begin (1) stipends; new text end

new text begin (2) payments based on a teacher's regular hourly rate of pay and the number of hours necessary to complete the approved training; and new text end

new text begin (3) full or partial reimbursement for training in structured literacy that was paid for by the teacher, and later approved under the Read Act. new text end

new text begin (c) If a district's teachers are not represented by an exclusive representative, the district may adopt a plan to compensate teachers for completing approved training required under the Read Act in accordance with this section after consulting with its teachers. new text end

new text begin Subd. 2. new text end

new text begin Reserve account. new text end

new text begin A district must reserve aid provided to compensate teachers for Read Act training and use the aid only for the purposes of this section. new text end

new text begin Subd. 3. new text end

new text begin Teacher eligibility. new text end

new text begin A teacher is eligible for compensation under this section if the teacher: new text end

new text begin (1) is currently employed by a district, or is currently contracted between a charter school and a teacher cooperative; new text end

new text begin (2) is currently serving in a position that requires a license issued by the Professional Educator Licensing and Standards Board; and new text end

new text begin (3) is required to receive approved training under Minnesota Statutes, section 120B.123, subdivision 5, and has registered for, started, or completed the approved training. new text end

new text begin Subd. 4. new text end

new text begin Administrative process. new text end

new text begin (a) Within 30 days of entering into a memorandum of understanding or adopting a plan under subdivision 1, a district must pay the required compensation to an eligible teacher in accordance with the memorandum of understanding or plan. new text end

new text begin (b) The Minnesota School Boards Association and Education Minnesota are encouraged to collaborate to develop one or more model memoranda of understanding and make the memoranda available to districts by July 1, 2024. new text end

new text begin (c) The Bureau of Mediation Services must make mediators available to aid districts and exclusive representatives in reaching agreement on the memoranda of understanding required under this section. new text end

new text begin Subd. 5. new text end

new text begin Stipends not considered income for certain purposes. new text end

new text begin (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: new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B, and early learning scholarships under Minnesota Statutes, section 124D.165; new text end

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

new text begin (3) housing support under Minnesota Statutes, chapter 256I; new text end

new text begin (4) the Minnesota family investment program and diversionary work program under Minnesota Statutes, chapter 256J; and new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P. new text end

new text begin (b) The commissioner of human services must not consider a stipend under this section as income or assets when determining medical assistance eligibility under Minnesota Statutes, section 256B.055, subdivisions 7, 7a, and 12; or section 256B.057, subdivisions 3, 3a, 3b, and 4. The commissioner of human services must not include the stipend received under this section when calculating an individual's premiums under Minnesota Statutes, section 256B.057, subdivision 9. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except for subdivision 5, paragraph (b), which is effective July 1, 2024, or upon federal approval, whichever is later. new text end

Sec. 8.

new text begin APPROPRIATIONS; SUPPLEMENTAL READ ACT FUNDING. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Teacher compensation for Read Act training. new text end

new text begin (a) For payment of state aid to school districts, charter schools, and cooperative units providing direct instructional services: new text end

new text begin $ new text end

new text begin 31,375,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The state aid for each school district, charter school, and cooperative unit providing direct instruction equals the greater of $2,000 or $36.06 times the number of students served by the school district, charter school, or cooperative unit as determined by the fall 2023 enrollment count of students. The Department of Education must send payments to school districts, charter schools, and cooperative units providing direct instructional services by October 15, 2024. This aid is 100 percent payable in fiscal year 2025. new text end

new text begin (c) This is a onetime appropriation. new text end

new text begin Subd. 3. new text end

new text begin Culturally responsive materials. new text end

new text begin (a) For the Department of Education to issue a request for proposals for a contract to develop supplemental culturally responsive materials for the approved evidence-based structured literacy curricula under Minnesota Statutes, section 120B.124, subdivision 1, paragraph (a), clause (1): new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The contractor must review all approved instructional and intervention materials to ensure they are culturally responsive within 90 days of receiving the materials from the Department of Education. The contractor must work with publishers to ensure materials are culturally responsive and provide districts with supplementary materials and guidance as needed. new text end

new text begin (c) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 4. new text end

new text begin Regional literacy network paraprofessional and volunteer training. new text end

new text begin (a) For the regional literacy networks to develop training for paraprofessionals and volunteers that regularly provide Tier 2 literacy interventions to students in accordance with Minnesota Statutes, section 120B.124, subdivision 4: new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 5. new text end

new text begin CAREI paraprofessional and volunteer training. new text end

new text begin (a) For CAREI to develop training for paraprofessionals and volunteers that regularly provide Tier 2 literacy interventions to students in accordance with Minnesota Statutes, section 120B.124, subdivision 4: new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 6. new text end

new text begin Read Act Deaf, Deafblind, and Hard of Hearing working group. new text end

new text begin (a) For the Read Act Deaf, Deafblind, and Hard of hearing working group: new text end

new text begin $ new text end

new text begin 100,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

ARTICLE 4

AMERICAN INDIAN EDUCATION

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 5, is amended to read:

Subd. 5.

Indigenous education for all students.

To support implementation of Indigenous education for all students, the commissioner must:

(1) provide historically accurate, Tribally endorsed, culturally relevant, community-based, contemporary, and developmentally appropriate resources. Resources to implement standards must include professional development and must demonstrate an awareness and understanding of the importance of accurate, high-quality materials about the histories, languages, cultures, and governments of local Tribes;

(2) provide resources to support all students learning about the histories, languages, cultures, governments, and experiences of their American Indian peers and neighbors. Resources to implement standards across content areas must be developed to authentically engage all students and support successful learning; and

(3) conduct a needs assessment by December 31, 2023. The needs assessment must fully inform the development of future resources for Indigenous education for all students by using information from American Indian Tribes and communities in Minnesota, including urban Indigenous communities, Minnesota's Tribal Nations Education Committee, schools and districts, students, and educational organizations. The commissioner must submit a report on the findings and recommendations from the needs assessment to the chairs and ranking minority members of legislative committees with jurisdiction over education; to the American Indian Tribes and communities in Minnesota, including urban Indigenous communities; and to all schools and districts in the state by February 1, 2024. new text begin The commissioner of education must consult with Tribal Nations located in Minnesota and Minnesota's Tribal Nations Education Committee about the need for additional funding necessary for each Tribal Nation located in Minnesota to continue developing resources for Indigenous education for all students. By February 15, 2025, the commissioner must provide links to the materials developed by the Tribal Nations on its website and submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over education highlighting the materials that have been developed and documenting the need for additional resources. A consultation under this section does not replace or limit any consultation required under section 10.65. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 124D.81, subdivision 2b, is amended to read:

Subd. 2b.

Carry forward of funds.

Notwithstanding section 16A.28, if a school district or Tribal contract school does not expend the full amount of the American Indian education aid in accordance with the plan in the designated fiscal year, the school district or Tribal contract school may carry forward and expend up to half of the remaining funds in the deleted text begin first six months of the deleted text end following fiscal year, and is not subject to an aid reduction if:

(1) the district is otherwise following the plan submitted and approved under subdivision 2;

(2) the American Indian Parent Advisory Committee for the school is aware of and has approved the carry forward and has concurred with the district's educational offerings extended to American Indian students under section 124D.78;

(3) the funds carried over are used in accordance with section 124D.74, subdivision 1; and

(4) by April 1, the district reports to the Department of Education American Indian education director the reason the aid was not expended in the designated fiscal year, and describes how the district intends to expend the funds in the following fiscal year. The district must report this information in the form and manner determined by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 3.

new text begin APPROPRIATION. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Department of Education for the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Permanent school fund supplemental aid. new text end

new text begin (a) For permanent school fund supplemental aid to American Indian schools as defined under Minnesota Statutes, section 124D.73: new text end

new text begin $ new text end

new text begin 40,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) For fiscal year 2025 only, the permanent school fund supplemental aid for an American Indian school equals the product of: new text end

new text begin (1) the amount appropriated under paragraph (a); and new text end

new text begin (2) the ratio of (i) the fiscal year 2024 average daily membership served of the American Indian school, to (ii) the total fiscal year 2024 average daily membership served of all American Indian schools in the state. new text end

new text begin (c) Aid under this subdivision must be paid 100 percent in the current year on a schedule determined by the commissioner. new text end

new text begin (d) This is a onetime appropriation. new text end

ARTICLE 5

TEACHERS

Section 1.

Minnesota Statutes 2023 Supplement, section 121A.642, is amended to read:

121A.642 PARAPROFESSIONAL TRAINING.

Subdivision 1.

Training required.

new text begin (a) For purposes of this section, "school" means new text end a school district deleted text begin or deleted text end new text begin , new text end charter school new text begin , intermediate school district, other cooperative unit, Perpich Center for Arts Education, or the Minnesota State Academies. new text end

new text begin (b) A school new text end must provide a minimum of eight hours of paid orientation or professional development annually to all paraprofessionals, Title I aides, and other instructional support staff.

new text begin (c) new text end Six of the eight hours must be completed before the first instructional day of the school year or within 30 days of hire.

new text begin (d) new text end The orientation or professional development must be relevant to the employee's occupation and may include collaboration time with classroom teachers and planning for the school year.

new text begin (e) new text end For paraprofessionals who provide direct support to students, at least 50 percent of the professional development or orientation must be dedicated to meeting the requirements of this section. Professional development for paraprofessionals may also address the requirements of section 120B.363, subdivision 3.

new text begin (f) new text end A school administrator must provide an annual certification of compliance with this requirement to the commissioner.

new text begin (g) For the 2024-2025 school year only, a school may reduce the hours of training required in paragraphs (b) to (e) to a minimum of six hours and must pay for paraprofessional test materials and testing fees for any paraprofessional employed by the school district during the 2023-2024 school year who has not yet successfully completed the paraprofessional assessment or met the requirements of the paraprofessional competency grid. new text end

Subd. 2.

Reimbursement for paraprofessional training.

(a) Beginning in fiscal year 2025, the commissioner of education must reimburse deleted text begin school districts, charter schools, intermediate school districts and other cooperative units, the Perpich Center for Arts Education, and the Minnesota State Academies deleted text end new text begin schools new text end in the form and manner specified by the commissioner for paraprofessional training costs.

(b) The paraprofessional reimbursement equals the prior year compensation expenses associated with providing up to eight hours of paid orientation and professional development for each paraprofessional trained under subdivision 1. new text begin For purposes of this paragraph, "compensation expenses" means the sum of the following amounts attributable to the school's paraprofessionals: new text end

new text begin (1) regular hourly wages; new text end

new text begin (2) Federal Insurance Contributions Act (FICA) taxes under United States Code, title 26, chapter 21; and new text end

new text begin (3) the employer share of retirement contributions required under chapter 352, 353, 354, or 354A. new text end

(c) The commissioner may establish procedures to ensure that any costs reimbursed under this section are excluded from other school revenue calculations.

new text begin (d) For reimbursements paid in fiscal year 2026 only, the commissioner must reimburse a school for six hours of paraprofessional training required under subdivision 1, paragraph (b). new text end

new text begin (e) In addition to the amounts under paragraph (d), for fiscal year 2026 only, the commissioner must pay each school an additional amount equal to 33.33 percent of the amount in paragraph (d). The school must use these funds either for paraprofessional test preparation and exam fees under subdivision 1, paragraph (g), or additional training under subdivision 1, paragraph (b). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 122A.415, subdivision 4, is amended to read:

Subd. 4.

Basic alternative teacher compensation aid.

(a) The basic alternative teacher compensation aid for a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1. The basic alternative teacher compensation aid for a charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils enrolled in the school on October 1 of the previous year, or on October 1 of the current year for a charter school in the first year of operation, times the ratio of the sum of the alternative teacher compensation aid and alternative teacher compensation levy for all participating school districts to the maximum alternative teacher compensation revenue for those districts under subdivision 1.

(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative teacher compensation aid entitlement must not exceed $88,118,000 for fiscal year 2023; $88,461,000 for fiscal year 2024; deleted text begin $88,461,000 deleted text end new text begin $88,961,000 new text end for fiscal year 2025; and $89,486,000 for fiscal year 2026 and later. The commissioner must limit the amount of alternative teacher compensation aid approved under this section so as not to exceed these limits by not approving new participants or by prorating the aid among participating districts, intermediate school districts, school sites, and charter schools. The commissioner may also reallocate a portion of the allowable aid for the biennium from the second year to the first year to meet the needs of approved participants.

(c) Basic alternative teacher compensation aid for an intermediate district or other cooperative unit equals $3,000 times the number of licensed teachers employed by the intermediate district or cooperative unit on October 1 of the previous school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2025 and later. new text end

Sec. 3.

Minnesota Statutes 2022, section 122A.415, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Revenue reserved. new text end

new text begin Revenue received under this section must be reserved and used only for the programs authorized under section 122A.414. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2025 and later. new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 2, is amended to read:

Subd. 2.

Grow Your Own district programs.

(a) A school district, charter school, new text begin Tribal contract school, new text end or cooperative unit under section 123A.24, subdivision 2, may apply for a grant for a teacher preparation program that meets the requirements of paragraph (c) to establish a Grow Your Own pathway for adults to obtain their first professional teaching license. The grant recipient must use at least 80 percent of grant funds to provide tuition scholarships or stipends to enable deleted text begin school district deleted text end new text begin grant recipient new text end employees or community members affiliated with a deleted text begin school district deleted text end new text begin grant recipient new text end , who are of color or American Indian and who seek a teaching license, to participate in the teacher preparation program. Grant funds may also be used to pay for teacher licensure exams and licensure fees.

(b) A district using grant funds under this subdivision to provide financial support to teacher candidates may require a commitment as determined by the district to teach in the deleted text begin district deleted text end new text begin school district, charter school, Tribal contract school, or cooperative unit new text end for a reasonable amount of time that does not exceed five years.

(c) A grantee must partner with:

(1) a Professional Educator Licensing and Standards Board-approved teacher preparation program;

(2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation program from a private, not for profit, institution of higher education; or

(3) an institution that has an articulated transfer pathway with a board-approved teacher preparation program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 122A.73, subdivision 3, is amended to read:

Subd. 3.

Grants for programs serving secondary school students.

(a) A school district new text begin , new text end deleted text begin or deleted text end charter school new text begin , Tribal contract school, or cooperative unit new text end may apply for grants under this section to offer other innovative programs that encourage secondary school students, especially students of color and American Indian students, to pursue teaching. To be eligible for a grant under this subdivision, an applicant must ensure that the aggregate percentage of secondary school students of color and American Indian students participating in the program is equal to or greater than the aggregate percentage of students of color and American Indian students in the school district, charter school, new text begin Tribal contract school, new text end or cooperative unit.

(b) A grant recipient must use grant funds awarded under this subdivision for:

(1) supporting future teacher clubs or service-learning opportunities that provide middle and high school students with experiential learning that supports the success of younger students or peers and increases students' interest in pursuing a teaching career;

(2) developing and offering postsecondary enrollment options for "Introduction to Teaching" or "Introduction to Education" courses consistent with section 124D.09, subdivision 10, that meet degree requirements for teacher licensure;

(3) providing direct support, including wrap-around services, for students who are of color or American Indian to enroll and be successful in postsecondary enrollment options courses under section 124D.09 that would meet degree requirements for teacher licensure; or

(4) offering scholarships to graduating high school students who are of color or American Indian to enroll in board-approved undergraduate teacher preparation programs at a college or university in Minnesota new text begin or in an institution that has an articulated transfer pathway with a board-approved teacher preparation program new text end .

(c) The maximum grant award under this subdivision is $500,000. The commissioner may consider the number of participants a grant recipient intends to support when determining a grant amount.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.73, subdivision 4, is amended to read:

Subd. 4.

Grant procedure.

(a) deleted text begin A district deleted text end new text begin An applicant new text end must apply for a grant under this section in the form and manner specified by the commissioner. The commissioner must give priority to deleted text begin districts deleted text end new text begin applicants new text end with the highest total number or percentage of students who are of color or American Indian. To the extent that there are sufficient applications, the commissioner must, to the extent practicable, award an equal number of grants between deleted text begin districts deleted text end new text begin applicants new text end in greater Minnesota and those in the Twin Cities metropolitan area.

(b) deleted text begin For the 2022-2023 school year and later, deleted text end Grant applications for new and existing programs must be received by the commissioner no later than January 15 of the year prior to the school year in which the grant will be used. The commissioner must review all applications and notify grant recipients by March 15 or as soon as practicable of the anticipated amount awarded. If the commissioner determines that sufficient funding is unavailable for the grants, the commissioner must notify grant applicants by June 30 or as soon as practicable that there are insufficient funds.

deleted text begin (c) For the 2021-2022 school year, the commissioner must set a timetable for awarding grants as soon as practicable. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 1, is amended to read:

Subdivision 1.

Grant program established.

The commissioner of education must administer a grant program to develop a pipeline of trained, licensed Tier 3 or Tier 4 special education teachers. A school district, charter school, new text begin Tribal contract school, new text end or cooperative unit under section 123A.24, subdivision 2, may apply for a grant under this section. An applicant must partner with:

(1) a Professional Educator Licensing and Standards Board-approved teacher preparation program;

(2) a Council for the Accreditation of Educator Preparation-accredited teacher preparation program from a private, not-for-profit, institution of higher education; or

(3) an institution that has an articulated transfer pathway with a board-approved teacher preparation program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 122A.77, subdivision 2, is amended to read:

Subd. 2.

Grant uses.

(a) A grant recipient must use grant funds to support participants who are employed by the grant recipient deleted text begin as either a paraprofessional or other unlicensed staff, or a teacher with a Tier 1 or Tier 2 license, deleted text end and demonstrate a willingness to be a special education teacher after completing the program.

(b) A grant recipient may use grant funds for:

(1) tuition assistance or stipends for participants;

(2) supports for participants, including mentoring, licensure test preparation, and technology support; or

(3) participant recruitment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 9.

new text begin [123B.155] PAID LEAVE FOR SCHOOL CLOSURES. new text end

new text begin (a) A school district or charter school that alters its calendar due to a weather event, public health emergency, or any other circumstance must continue to pay the full wages for scheduled work hours and benefits of all school employees for full or partial day closures, if the district or charter school counts that day as an instructional day for any students in the district or charter school. School employees may be allowed to work from home to the extent practicable. Paid leave for an e-learning day is provided under section 120A.414, subdivision 6. new text end

new text begin (b) Notwithstanding paragraph (a), a school district or charter school that alters the calendar of a school-age care program, school youth recreation and enrichment program, or general community education program due to a weather event, public health emergency, or any other circumstance, while collecting a fee for day of the closure, must continue to pay the full stipend or full wages for scheduled work hours and benefits of all employees in the school-age care program, school youth recreation and enrichment program, or general community education program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 124D.901, subdivision 3, is amended to read:

Subd. 3.

Student support personnel aid.

(a) The initial student support personnel aid for a school district equals the greater of the student support personnel allowance times the adjusted pupil units at the district for the current fiscal year or $40,000. The initial student support personnel aid for a charter school equals the greater of the student support personnel allowance times the adjusted pupil units at the charter school for the current fiscal year or $20,000. new text begin Aid under this paragraph must be reserved in a fund balance that, beginning in fiscal year 2025, may not exceed the greater of the aid entitlement in the prior fiscal year or the fund balance in the prior fiscal year. new text end

(b) The cooperative student support personnel aid for a school district that is a member of an intermediate school district or other cooperative unit that serves students equals the greater of the cooperative student support allowance times the adjusted pupil units at the district for the current fiscal year or $40,000. If a district is a member of more than one cooperative unit that serves students, the revenue must be allocated among the cooperative units. new text begin Aid under this paragraph must not exceed actual expenditures. new text end

(c) The student support personnel allowance equals $11.94 for fiscal year 2024, $17.08 for fiscal year 2025, and $48.73 for fiscal year 2026 and later.

(d) The cooperative student support allowance equals $0.60 for fiscal year 2024, $0.85 for fiscal year 2025, and $2.44 for fiscal year 2026 and later.

deleted text begin (e) Notwithstanding paragraphs (a) and (b), the student support personnel aid must not exceed the district's, charter school's, or cooperative unit's actual expenditures. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2024 and later. new text end

Sec. 11.

Laws 2023, chapter 55, article 5, section 64, subdivision 3, as amended by Laws 2024, chapter 81, section 14, is amended to read:

Subd. 3.

Alternative teacher compensation aid.

(a) For alternative teacher compensation aid under Minnesota Statutes, section 122A.415, subdivision 4:

	$	deleted text begin $ deleted text end 88,706,000	.....	2024
	$	deleted text begin $88,562,000 deleted text end new text begin 89,012,000 new text end	.....	2025

(b) The 2024 appropriation includes $8,824,000 for fiscal year 2023 and $79,882,000 for fiscal year 2024.

(c) The 2025 appropriation includes $8,875,000 for fiscal year 2024 and deleted text begin $79,687,000 deleted text end new text begin $80,137,000 new text end for fiscal year 2025.

Sec. 12.

Laws 2023, chapter 55, article 5, section 64, subdivision 5, is amended to read:

Subd. 5.

Closing educational opportunity gaps grants.

(a) To support schools in their efforts to close opportunity gaps under Minnesota Statutes, section 120B.113:

	$	3,000,000	.....	2024
	$	3,000,000	.....	2025

(b) The department may retain up to five percent of this appropriation to administer the grant program.

(c) The base for fiscal year 2026 and later is $0.

new text begin (d) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 13.

Laws 2023, chapter 55, article 5, section 64, subdivision 13, is amended to read:

Subd. 13.

Statewide teacher mentoring program.

(a) For a statewide teacher induction and mentoring program:

	$	9,940,000	.....	2024
	$	0	.....	2025

(b) Funds may be used for:

(1) competitive grants to Minnesota regional partners, including institutions of higher education, regional service cooperatives, other district or charter collaboratives, and professional organizations, to provide mentoring supports for new teachers, on-the-ground training, technical assistance, and networks or communities of practice for local new teachers, districts, and charter schools to implement Minnesota's induction model;

(2) competitive grants to school districts to fund deleted text begin Teacher of Record deleted text end mentorships to Tier 1 new text begin and Tier 2 new text end special education teachers, including training and supervision; and

(3) contracts with national content experts and research collaboratives to assist in developing Minnesota's induction model, to provide ongoing training to mentors and principals, and to evaluate the program over time.

(c) Up to five percent of the appropriation is available for grant administration.

(d) This is a onetime appropriation and is available until June 30, 2027.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 14.

Laws 2023, chapter 55, article 5, section 64, subdivision 15, is amended to read:

Subd. 15.

Student support personnel workforce pipeline.

(a) For a grant program to develop a student support personnel workforce pipeline focused on increasing school psychologists, school nurses, school counselors, and school social workers of color and Indigenous providers, professional respecialization, recruitment, and retention:

	$	5,000,000	.....	2024
	$	5,000,000	.....	2025

(b) Of the amount in paragraph (a), $150,000 is for providing support to school nurses across the state.

(c) To the extent practicable, the pipeline grants must be used to support equal numbers of students pursuing careers as school psychologists, school nurses, school counselors, and school social workers.

(d) For grants awarded under this subdivision to school psychologists, the following terms have the meanings given:

(1) "eligible designated trainee" means an individual enrolled in a NASP-approved or APA-accredited school psychology program granting educational specialist certificates or doctoral degrees in school psychology;

(2) "practica" means an educational experience administered and evaluated by the graduate training program, with university and site supervision by appropriately credentialed school psychologists, to develop trainees' competencies to provide school psychological services based on the graduate program's goals and competencies relative to accreditation and licensure requirements; and

(3) "eligible employment" means a paid position within a school or local education agency directly related to the training program providing direct or indirect school psychology services. Direct services include assessment, intervention, prevention, or consultation services to students or their family members and educational staff. Indirect services include supervision, research and evaluation, administration, program development, technical assistance, or professional learning to support direct services.

(e) Grants awarded to school psychologists must be used for:

(1) the provision of paid, supervised, and educationally meaningful practica in a public school setting for an eligible designated trainee enrolled in a qualifying program within the grantee's institution;

(2) to support student recruitment and retention to enroll and hire an eligible designated trainee for paid practica in public school settings; and

(3) oversight of trainee practica and professional development by the qualifying institution to ensure the qualifications and conduct by an eligible designated trainee meet requirements set forth by the state and accrediting agencies.

(f) Upon successful completion of the graduate training program, grants awarded to school psychologists must maintain eligible employment within Minnesota for a minimum period of one-year full-time equivalent for each academic year of paid traineeship under the grant program.

(g) Up to $150,000 of the appropriation is available for grant administration.

new text begin (h) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 15.

Laws 2023, chapter 55, article 5, section 64, subdivision 16, is amended to read:

Subd. 16.

Teacher residency program.

(a) For the teacher residency program that meets the requirements of Minnesota Rules, part 8705.2100, subpart 2, item D, subitem (5), unit (g):

	$	3,000,000	.....	2024
	$	3,000,000	.....	2025

(b) Up to three percent of the appropriation is available for grant administration.

(c) Any balance new text begin in the first year new text end does not cancel but is available in the deleted text begin following fiscal deleted text end new text begin second new text end year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 16.

Laws 2023, chapter 55, article 5, section 65, subdivision 3, is amended to read:

Subd. 3.

Collaborative urban and greater Minnesota educators of color grants.

(a) For collaborative urban and greater Minnesota educators of color competitive grants under Minnesota Statutes, section 122A.635:

	$	5,440,000	.....	2024
	$	5,440,000	.....	2025

(b) The board may retain up to $100,000 of the appropriation amount to monitor and administer the grant program.

(c) Any balance new text begin in the first year new text end does not cancel but is available in the deleted text begin following fiscal deleted text end new text begin second new text end year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 17.

Laws 2023, chapter 55, article 5, section 65, subdivision 6, is amended to read:

Subd. 6.

Mentoring, induction, and retention incentive program grants for teachers of color.

(a) To develop and expand mentoring, induction, and retention programs designed for teachers of color or American Indian teachers under Minnesota Statutes, section 122A.70:

	$	3,500,000	.....	2024
	$	3,500,000	.....	2025

(b) Any balance new text begin in the first year new text end does not cancel but is available in the deleted text begin following fiscal deleted text end new text begin second new text end year.

(c) The base for grants under Minnesota Statutes, section 122A.70, for fiscal year 2026 and later is $4,500,000, of which at least $3,500,000 each fiscal year is for grants to develop and expand mentoring, induction, and retention programs designed for teachers of color or American Indian teachers.

(d) The board may retain up to three percent of the appropriation amount to monitor and administer the grant program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 18.

Laws 2023, chapter 55, article 5, section 65, subdivision 7, is amended to read:

Subd. 7.

Pathway preparation grants.

(a) For grants to support teachers holding a new text begin Tier 1 or new text end Tier 2 license and seeking a Tier 3 new text begin or Tier 4 new text end license:

	$	400,000	.....	2024
	$	400,000	.....	2025

(b) The following are eligible for grants under this subdivision:

(1) school districts;

(2) charter schools;

(3) service cooperatives; and

(4) partnerships between one or more teacher preparation providers, school districts, or charter schools.

(c) Grant funds must be used to support teachers holding a new text begin Tier 1 or new text end Tier 2 license and seeking a Tier 3 new text begin or Tier 4 new text end license through completion of a teacher preparation program or the licensure via portfolio process. A grant recipient must provide teachers holding a new text begin Tier 1 or new text end Tier 2 license with professional development, mentorship, and coursework aligned to state standards for teacher licensure.

(d) The Professional Educator Licensing and Standards Board may collaborate with the Department of Education and the Office of Higher Education to administer the grant program.

(e) The board may retain up to three percent of the appropriation amount to monitor and administer the grant.

Sec. 19.

new text begin GRANT PROGRAM MODIFICATIONS AUTHORIZED. new text end

new text begin (a) The commissioner of education may allow a Grow Your Own pathway grant recipient to modify its program to align with statutory changes to Minnesota Statutes, section 122A.73, made under this act after the grant was awarded. new text end

new text begin (b) The commissioner of education may allow a special education teacher pipeline grant recipient to modify its program to align with statutory changes to Minnesota Statutes, section 122A.77, made under this act after the grant was awarded. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 20.

new text begin STUDENT TEACHING STIPEND PILOT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program established. new text end

new text begin A pilot program is established to support student teachers placed in Minnesota school districts or charter schools to complete clinical experiences necessary to obtain Minnesota teaching licenses, and help policymakers determine how to reduce the financial burden of completing valuable clinical experiences and strengthen the pipeline of qualified teachers. The pilot program is effective for the 2024-2025 school year. new text end

new text begin Subd. 2. new text end

new text begin Participating teacher preparation program providers. new text end

new text begin (a) The pilot program consists of the following teacher preparation program providers: new text end

new text begin (1) St. Cloud State University; new text end

new text begin (2) Bemidji State University; new text end

new text begin (3) Minnesota State University, Mankato; new text end

new text begin (4) Winona State University; new text end

new text begin (5) Fond du Lac Tribal and Community College; new text end

new text begin (6) the University of Minnesota-Duluth; new text end

new text begin (7) the University of Minnesota-Crookston; and new text end

new text begin (8) Augsburg University. new text end

new text begin (b) A participating teacher preparation program provider must: new text end

new text begin (1) determine the stipend amount based on the available funding and number of eligible student teachers; new text end

new text begin (2) use the full amount of funding provided under this section to award each student teacher placed in a student teaching assignment a stipend of the same amount regardless of the student teacher's financial need or intended licensure area; and new text end

new text begin (3) notify student teachers of their stipend amounts no later than 30 days before the student teacher is placed in a student teaching assignment. new text end

new text begin Subd. 3. new text end

new text begin Student teacher eligibility. new text end

new text begin (a) A student teacher is eligible for a stipend through the pilot program if the student teacher: new text end

new text begin (1) is enrolled in a teacher preparation program approved by the Professional Educator Licensing and Standards Board that requires at least 12 weeks of student teaching in order to be recommended for a Tier 3 teaching license; new text end

new text begin (2) is placed in a Minnesota school district or charter school to complete required student teaching; and new text end

new text begin (3) is meeting satisfactory academic progress as defined under Minnesota Statutes, section 136A.101, subdivision 10. new text end

new text begin (b) A student teacher may receive a stipend under this section, and under Minnesota Statutes, section 136A.1274 or 136A.1275. new text end

new text begin Subd. 4. new text end

new text begin Stipends not considered income for certain purposes. new text end

new text begin (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: new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B, and early learning scholarships under Minnesota Statutes, section 124D.165; new text end

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

new text begin (3) housing support under Minnesota Statutes, chapter 256I; new text end

new text begin (4) the Minnesota family investment program and diversionary work program under Minnesota Statutes, chapter 256J; and new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P. new text end

new text begin (b) The commissioner of human services must not consider a stipend under this section as income or assets when determining medical assistance eligibility under Minnesota Statutes, section 256B.055, subdivisions 7, 7a, and 12; or section 256B.057, subdivisions 3, 3a, 3b, and 4. The commissioner of human services must not include the stipend received under this section when calculating an individual's premiums under Minnesota Statutes, section 256B.057, subdivision 9. new text end

new text begin Subd. 5. new text end

new text begin Professional Educator Licensing and Standards Board. new text end

new text begin (a) The Professional Educator Licensing and Standards Board must develop and administer a survey to students who receive stipends through the pilot program, and interview a representative sample of student teachers who receive stipends. The surveys and interviews must seek information related to the impact of the stipend on the student teacher, whether the student teacher received any other stipends or compensation for student teaching, and other information relevant to development of a statewide paid student teaching program. new text end

new text begin (b) The board must submit reports to the chairs and minority leaders of the legislative committees with jurisdiction over kindergarten through grade 12 education and higher education by February 1, 2025, and July 1, 2025, in accordance with Minnesota Statutes, section 3.195. Each report must identify the number of student teachers receiving stipends by teacher preparation program provider and the districts or charter schools where the student teachers were placed, and the amount each student teacher received under this section. The second report must also summarize the results of the surveys and interviews, and make recommendations for implementing a statewide paid student teacher program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except for subdivision 4, paragraph (b), which is effective July 1, 2024, or upon federal approval, whichever is later. new text end

Sec. 21.

new text begin PARAPROFESSIONAL QUALIFICATIONS EXAMINED. new text end

new text begin (a) The Department of Education and the Professional Educator Licensing and Standards Board must collaboratively examine Minnesota's standards for paraprofessionals in consultation with at least the following: new text end

new text begin (1) one representative each from at least two organizations representing paraprofessionals; new text end

new text begin (2) one person representing the Minnesota Association of School Administrators; and new text end

new text begin (3) one person representing the Minnesota Administrators for Special Education. new text end

new text begin (b) By July 1, 2024, the agencies must announce their work plan to revise the paraprofessional qualifications under Minnesota Statutes, section 120B.363, and the qualifications used to determine eligibility for state special education aid calculations. new text end

new text begin (c) The Professional Educator Licensing and Standards Board may revise Minnesota Rules, part 8710.9000. A paraprofessional may demonstrate competencies established in Minnesota Rules, part 8710.9000, subpart 4, as one way to meet the federal personnel qualifications required in Code of Federal Regulations, title 34, section 300.156. new text end

new text begin (d) A paraprofessional meets the federal personnel qualifications required in Code of Federal Regulations, title 34, section 300.156, if the paraprofessional: new text end

new text begin (1) has at least two years of college credits through an accredited institution of higher education, or an associate's degree or higher; new text end

new text begin (2) has received a passing score on a formal assessment approved by the Department of Education; or new text end

new text begin (3) meets the local assessment criteria established by the Department of Education. new text end

new text begin (e) The Department of Education must revise the minimum passing score for the approved formal assessments. new text end

new text begin (f) For the 2024-2025 school year only, a paraprofessional may be paid in whole or in part by funding under paragraph (g) if the paraprofessional: new text end

new text begin (1) demonstrates the competencies established in Minnesota Rules, part 8710.9000, subpart 4, item D (competency 4: instructional content and practice) and item I (competency 9: academic instructional skills); or new text end

new text begin (2) is enrolled in a ParaPro or Paraeducator training and testing program. new text end

new text begin (g) For the 2024-2025 school year only, a school district or charter school may use state special education aid to continue to pay for staff in special education paraprofessional positions that meet qualifications under paragraph (f) only if those positions were filled by the district or charter school and paid with state special education aid in the 2023-2024 school year. new text end

new text begin (h) For the 2024-2025 school year only, upon request from a paraprofessional employed by a school district, charter school, or cooperative unit providing direct instructional services, the school must provide administrative assistance to the paraprofessional when completing the competencies required under paragraph (d), clause (3), or paragraph (f). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 22.

new text begin TEACHER AND PARAPROFESSIONAL COMPENSATION WORKING GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The Teacher and Paraprofessional Compensation Working Group is established and consists of the following 22 members: new text end

new text begin (1) one prekindergarten teacher; new text end

new text begin (2) one elementary school teacher; new text end

new text begin (3) one middle school teacher; new text end

new text begin (4) one high school teacher; new text end

new text begin (5) one physical education teacher; new text end

new text begin (6) one vocal music or instrumental music teacher; new text end

new text begin (7) one visual arts teacher; new text end

new text begin (8) one library media specialist; new text end

new text begin (9) one community education teacher; new text end

new text begin (10) one teacher teaching in an alternative setting; new text end

new text begin (11) one member working in a school setting with children from birth to age three; new text end

new text begin (12) one special education teacher; new text end

new text begin (13) four paraprofessionals working with elementary, middle, or high school students; new text end

new text begin (14) two superintendents; new text end

new text begin (15) one community education director; new text end

new text begin (16) two school finance directors; and new text end

new text begin (17) one member with expertise in school board governance. new text end

new text begin (b) The members under paragraph (a), clauses (1) to (13), must be appointed by the Professional Educator Licensing and Standards Board. The members under paragraph (a), clauses (14) to (16), must be appointed by the Minnesota Board of School Administrators. The members under paragraph (a), clause (17), must be appointed by the Minnesota School Boards Association. To the extent practicable, each appointing authority must appoint members representing schools in regions across the state. All appointments must be made no later than September 1, 2024. new text end

new text begin Subd. 2. new text end

new text begin Duties; report. new text end

new text begin (a) The working group is established to advise the legislature on strategies and recommendations to provide competitive compensation to teachers and paraprofessionals in Minnesota elementary, middle, and secondary schools. new text end

new text begin (b) The working group must report its proposed strategies, recommendations, and draft legislation to the legislative committees with jurisdiction over prekindergarten through grade 12 education finance and policy by February 14, 2025. The report must be filed according to Minnesota Statutes, section 3.195. new text end

new text begin (c) At a minimum, the report must: new text end

new text begin (1) analyze data on the professional pay gap for Minnesota teachers; new text end

new text begin (2) provide historical analysis on pay trends for Minnesota teachers; new text end

new text begin (3) examine historical trends in total compensation for Minnesota teachers, including wages and salary, health insurance and other benefits, and pension benefits; new text end

new text begin (4) examine historical trends in the tuition and opportunity costs of teacher preparation and student debt burdens; and new text end

new text begin (5) collect and analyze data on the workloads and compensation of Minnesota education support professionals. new text end

new text begin Subd. 3. new text end

new text begin Meetings; compensation. new text end

new text begin (a) The working group must convene its initial meeting no later than September 15, 2024, and must meet regularly thereafter. new text end

new text begin (b) Members of the working group are eligible for per diem compensation as provided under Minnesota Statutes, section 15.059, subdivision 3. new text end

new text begin Subd. 4. new text end

new text begin Administrative provisions. new text end

new text begin (a) The executive director of the Professional Educator Licensing and Standards Board or the executive director's designee must convene the initial meeting of the working group. Upon request of the working group, the executive director must provide meeting space and administrative services for the group. The members of the working group must elect a chair or cochairs from the members of the working group at the initial meeting. new text end

new text begin (b) Upon request of the working group, the Professional Educator Licensing and Standards Board must provide information necessary for the working group to make its recommendations, including but not limited to information on teacher and paraprofessional qualifications, licensure, employment, assignment, and compensation. new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The working group expires February 14, 2025, or upon submission of the report required under subdivision 2, whichever is earlier. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 23.

new text begin APPROPRIATION; DEPARTMENT OF EDUCATION. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Department of Education in the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Special education apprenticeship programs. new text end

new text begin (a) For grants to intermediate school districts for special education registered apprenticeship programs: new text end

new text begin $ new text end

new text begin 1,030,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The department must award grants of $250,000 each to Intermediate School Districts Nos. 287, 288, 916, and 917. The grant funds must be used for special education registered apprenticeship programs. Grant funds may be used for: new text end

new text begin (1) program oversight and administrative costs of the intermediate school district and its partner higher education institution; new text end

new text begin (2) stipends and tuition, fees, and other direct program costs incurred by apprentices; new text end

new text begin (3) stipends for teachers serving as mentors; and new text end

new text begin (4) the cost of substitute teachers. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, up to $30,000 of the appropriation is available for grant administration. new text end

new text begin (d) This is a onetime appropriation and is available until June 30, 2027. new text end

Sec. 24.

new text begin APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD. new text end

new text begin Subdivision 1. new text end

new text begin Professional Educator Licensing and Standards Board. new text end

new text begin The sums indicated in this section are appropriated from the general fund to the Professional Educator Licensing and Standards Board in the fiscal years designated. new text end

new text begin Subd. 2. new text end

new text begin Paid student teaching pilot program. new text end

new text begin (a) For the paid student teaching pilot program: new text end

new text begin $ new text end

new text begin 6,543,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) Of the amount in paragraph (a), $4,868,000 is for transfer to the Board of Trustees of the Minnesota State Colleges and Universities. The Board of Trustees must allocate the funding among the following teacher preparation program providers in the amounts indicated: new text end

new text begin (1) $929,000 for St. Cloud State University; new text end

new text begin (2) $744,000 for Bemidji State University; new text end

new text begin (3) $1,618,000 for Minnesota State University, Mankato; new text end

new text begin (4) $1,570,000 for Winona State University; and new text end

new text begin (5) $7,000 for Fond du Lac Tribal and Community College. new text end

new text begin (c) Of the amount in paragraph (a), $1,218,000 is for transfer to the Board of Regents of the University of Minnesota to allocate to the following teacher preparation program providers in the amounts indicated: new text end

new text begin (1) $1,115,000 for the University of Minnesota-Duluth; and new text end

new text begin (2) $103,000 for the University of Minnesota-Crookston. new text end

new text begin (d) Of the amount in paragraph (a), $317,000 is for Augsburg University. new text end

new text begin (e) The Professional Educator Licensing and Standards Board may retain up to $140,000 to administer the pilot program, including administering surveys and completing required reports. new text end

new text begin (f) This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin Subd. 3. new text end

new text begin Teacher and paraprofessional compensation working group. new text end

new text begin (a) For administration and per diem compensation for members of the teacher and paraprofessional compensation working group: new text end

new text begin $ new text end

new text begin 150,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation. new text end

new text begin Subd. 4. new text end

new text begin Aspiring teachers of color scholarship program. new text end

new text begin (a) For transfer to the commissioner of the Office of Higher Education for the aspiring teachers of color scholarship program under Laws 2021, First Special Session, chapter 2, article 2, section 45: new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The commissioner of the Office of Higher Education may use no more than four percent of the appropriation for program administration. new text end

new text begin (c) This is a onetime appropriation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

ARTICLE 6

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2023 Supplement, section 124E.13, subdivision 1, is amended to read:

Subdivision 1.

Leased space.

A charter school may lease space from: an independent or special school board; other public organization; private, nonprofit, nonsectarian organization; private property owner; or a sectarian organization if the leased space is constructed as a school facility. In all cases, the eligible lessor must also be the building owner. The commissioner must review and approve or disapprove deleted text begin leases deleted text end new text begin lease aid applications new text end in a timely manner to determine eligibility for lease aid under section 124E.22.

Sec. 2.

Minnesota Statutes 2022, section 124E.22, is amended to read:

124E.22 BUILDING LEASE AID.

(a) When a charter school finds it economically advantageous to rent or lease a building or land for any instructional purpose and it determines that the total operating capital revenue under section 126C.10, subdivision 13, is insufficient for this purpose, it may apply to the commissioner for building lease aid new text begin in the form and manner prescribed by the commissioner new text end . The commissioner must review and either approve or deny a lease aid application using new text begin at least new text end the following criteria:

(1) the reasonableness of the price based on current market values;

(2) the extent to which the lease conforms to applicable state laws and rules; and

(3) the appropriateness of the proposed lease in the context of the space needs and financial circumstances of the charter school. The commissioner must approve aid only for a facility lease that has (i) a sum certain annual cost and (ii) a closure clause to relieve the charter school of its lease obligations at the time the charter contract is terminated or not renewed. The closure clause under item (ii) must not be constructed or construed to relieve the charter school of its lease obligations in effect before the charter contract is terminated or not renewed.

(b) A charter school must not use the building lease aid it receives for custodial, maintenance service, utility, or other operating costs.

(c) The amount of annual building lease aid for a charter school shall not exceed the lesser of (1) 90 percent of the approved cost or (2) the product of the charter school building lease aid pupil units served for the current school year times $1,314.

(d) A charter school's building lease aid pupil units equals the sum of the charter school pupil units under section 126C.05 and the pupil units for the portion of the day that the charter school's enrolled students are participating in the Postsecondary Enrollment Options Act under section 124D.09 and not otherwise included in the pupil count under section 126C.05.

Sec. 3.

Laws 2023, chapter 55, article 2, section 64, subdivision 6, as amended by Laws 2024, chapter 81, section 9, is amended to read:

Subd. 6.

Charter school building lease aid.

(a) For building lease aid under Minnesota Statutes, section 124E.22:

	$	91,457,000	.....	2024
	$	deleted text begin 94,578,000 deleted text end new text begin 94,906,000 new text end	.....	2025

(b) The 2024 appropriation includes $9,047,000 for 2023 and $82,410,000 for 2024.

(c) The 2025 appropriation includes $9,156,000 for 2024 and deleted text begin $85,422,000 deleted text end new text begin $85,750,000 new text end for 2025.

ARTICLE 7

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2022, section 124D.19, subdivision 8, is amended to read:

Subd. 8.

Program approval.

deleted text begin To be eligible for revenue for the program for adults with disabilities, a program and budget must receive approval from the community education section in the department. Approval may be for five years. During that time, a board must report any significant changes to the department for approval. For programs offered cooperatively, the request for approval must include an agreement on the method by which local money is to be derived and distributed. A request for approval deleted text end new text begin (a) Beginning July 1, 2024, and at least once every five years thereafter, a district's community education advisory council must review and approve the district's adults with disabilities program and submit a statement of assurances to the commissioner in the form and manner determined by the commissioner. The program must seek feedback from adults with disabilities and other community organizations providing services to adults with disabilities. new text end

new text begin (b) Each school district with an adults with disabilities program new text end must include deleted text begin all of deleted text end new text begin at least new text end the following new text begin information about its adults with disabilities program in its annual community education report under subdivision 14 new text end :

(1) new text begin a summary of the new text end characteristics of the people deleted text begin to be deleted text end served new text begin by the program new text end ;

(2) new text begin a new text end description of the program services and activities;

(3) new text begin the most recent new text end program budget deleted text begin and amount of aid requested deleted text end ;

(4) new text begin a summary of the new text end participation by adults with disabilities in developing the program;

(5) new text begin an new text end assessment of the needs of adults with disabilities; and

(6) new text begin a description of new text end cooperative efforts with community organizations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, for plans developed on or after that date. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 26, is amended to read:

Subd. 26.

Special education services.

(a) Medical assistance covers evaluations necessary in making a determination for eligibility for individualized education program and individualized family service plan services and for medical services identified in a recipient's individualized education program and individualized family service plan and covered under the medical assistance state plan. Covered services include occupational therapy, physical therapy, speech-language therapy, clinical psychological services, nursing services, school psychological services, school social work services, personal care assistants serving as management aides, assistive technology devices, transportation services, health assessments, and other services covered under the medical assistance state plan. Mental health services eligible for medical assistance reimbursement must be provided or coordinated through a children's mental health collaborative where a collaborative exists if the child is included in the collaborative operational target population. The provision or coordination of services does not require that the individualized education program be developed by the collaborative.

The services may be provided by a Minnesota school district that is enrolled as a medical assistance provider or its subcontractor, and only if the services meet all the requirements otherwise applicable if the service had been provided by a provider other than a school district, in the following areas: medical necessity; physician's, advanced practice registered nurse's, or physician assistant's orders; documentation; personnel qualifications; and prior authorization requirements. The nonfederal share of costs for services provided under this subdivision is the responsibility of the local school district as provided in section 125A.74. Services listed in a child's individualized education program are eligible for medical assistance reimbursement only if those services meet criteria for federal financial participation under the Medicaid program.

(b) Approval of health-related services for inclusion in the individualized education program does not require prior authorization for purposes of reimbursement under this chapter. The commissioner may require physician, advanced practice registered nurse, or physician assistant review and approval of the plan not more than once annually or upon any modification of the individualized education program that reflects a change in health-related services.

(c) Services of a speech-language pathologist provided under this section are covered notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item L, if the person:

(1) holds a masters degree in speech-language pathology;

(2) is licensed by the Professional Educator Licensing and Standards Board as an educational speech-language pathologist; and

(3) either has a certificate of clinical competence from the American Speech and Hearing Association, has completed the equivalent educational requirements and work experience necessary for the certificate or has completed the academic program and is acquiring supervised work experience to qualify for the certificate.

(d) Medical assistance coverage for medically necessary services provided under other subdivisions in this section may not be denied solely on the basis that the same or similar services are covered under this subdivision.

(e) The commissioner shall develop and implement package rates, bundled rates, or per diem rates for special education services under which separately covered services are grouped together and billed as a unit in order to reduce administrative complexity.

(f) The commissioner shall develop a cost-based payment structure for payment of these services. Only costs reported through the designated Minnesota Department of Education data systems in distinct service categories qualify for inclusion in the cost-based payment structure. The commissioner shall reimburse claims submitted based on an interim rate, and shall settle at a final rate once the department has determined it. The commissioner shall notify the school district of the final rate. The school district has 60 days to appeal the final rate. To appeal the final rate, the school district shall file a written appeal request to the commissioner within 60 days of the date the final rate determination was mailed. The appeal request shall specify (1) the disputed items and (2) the name and address of the person to contact regarding the appeal.

(g) Effective July 1, 2000, medical assistance services provided under an individualized education program or an individual family service plan by local school districts shall not count against medical assistance authorization thresholds for that child.

(h) Nursing services as defined in section 148.171, subdivision 15, and provided as an individualized education program health-related service, are eligible for medical assistance payment if they are otherwise a covered service under the medical assistance program. Medical assistance covers the administration of prescription medications by a licensed nurse who is employed by or under contract with a school district when the administration of medications is identified in the child's individualized education program. The simple administration of medications alone is not covered under medical assistance when administered by a provider other than a school district or when it is not identified in the child's individualized education program.

(i) deleted text begin School social work deleted text end Services new text begin provided by a school social worker as described in paragraph (l) must be new text end provided by a mental health professional as defined in section 245I.04, subdivision 2; a clinical trainee as defined in section 245I.04, subdivision 6, under the supervision of a mental health professional; or a mental health practitioner as defined in section 245I.04, subdivision 4, under the supervision of a mental health professional, deleted text begin are deleted text end new text begin to be new text end eligible for medical assistance deleted text begin payment. A mental health practitioner performing school social work services under this section must provide services within the mental health practitioner's licensure scope of practice, if applicable, and within the mental health practitioner scope of practice under section 245I.04, subdivision 5 deleted text end new text begin reimbursement new text end . new text begin Services described in paragraph (l) must be provided within the provider's scope of practice as defined in section 245I.04, subdivisions 3, 5, and 7. new text end

(j) Notwithstanding section 245I.10, subdivision 2, a special education evaluation deleted text begin , deleted text end new text begin and assessment for and within an individual family service plan or new text end individualized education program deleted text begin , or individual family service plan deleted text end may be used to determine medical necessity deleted text begin and eligibility for school social work services under paragraph (i) instead of a diagnostic assessment deleted text end new text begin for services described under paragraph (l) new text end . new text begin The special education evaluation and assessments for and within the individualized education program, or individual family service plan, that meet the requirements in section 245I.10, subdivisions 4, and 5 or 6, and that is completed by a licensed mental health professional or clinical trainee supervised by a licensed mental health professional can be used for determining medical necessity. In addition, for services that do not require a diagnosis using an assessment as defined in section 245I.10, subdivisions 4, and 5 or 6, the special education evaluation and assessments for and within the individualized education program, or individual family service plan, that provide an International Classification of Diseases diagnostic code and are completed by a licensed mental health professional or clinical trainee supervised by a licensed mental health professional can be used for determining medical necessity. new text end

(k) A school social worker or school providing deleted text begin mental health deleted text end services under paragraph deleted text begin (i) deleted text end new text begin (l) new text end is not required to be certified to provide children's therapeutic services and supports under section 256B.0943.

(l) Covered deleted text begin mental health deleted text end services provided by a school social worker under new text begin this new text end paragraph deleted text begin (i) include but are not limited to deleted text end new text begin are new text end :

deleted text begin (1) administering and reporting standardized measures; deleted text end

deleted text begin (2) care coordination; deleted text end

deleted text begin (3) children's mental health crisis assistance, planning, and response services; deleted text end

new text begin (1) the explanation of findings as described in section 256B.0671, subdivision 4; new text end

new text begin (2) psychotherapy for crisis as described in section 256B.0671, subdivision 11a; new text end

deleted text begin (4) deleted text end new text begin (3) new text end children's mental health clinical care consultation new text begin , as described in section 256B.0671, subdivision 7 new text end ;

deleted text begin (5) deleted text end new text begin (4) new text end dialectical behavioral therapy for adolescents new text begin , as described in section 256B.0671, subdivision 6 new text end ;

deleted text begin (6) direction of mental health behavioral aides; deleted text end

deleted text begin (7) deleted text end new text begin (5) new text end family psychoeducation new text begin , as described in section 256B.0671, subdivision 5, which includes skill development, peer group sessions, and individual sessions. Notwithstanding section 256B.0671, subdivision 5, family psychoeducation services under this section may be delivered by a mental health practitioner as defined under section 245I.04, subdivision 4 new text end ; new text begin and new text end

deleted text begin (8) deleted text end new text begin (6) new text end individual, family, and group psychotherapy deleted text begin ; deleted text end new text begin , as described in section 256B.0671, subdivision 11. new text end

deleted text begin (9) mental health behavioral aide services; deleted text end

deleted text begin (10) skills training; and deleted text end

deleted text begin (11) treatment plan development and review. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, or upon federal approval, whichever is later. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 256B.0671, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Psychotherapy for crisis. new text end

new text begin (a) Medical assistance covers psychotherapy for crisis when a recipient is in need of an immediate response due to an increase of mental illness symptoms that put the recipient at risk of one of the following: new text end

new text begin (1) experiencing a life threatening mental health crisis; new text end

new text begin (2) needing a higher level of care; new text end

new text begin (3) worsening symptoms without mental health intervention; new text end

new text begin (4) harm to self, others, or property damage; or new text end

new text begin (5) significant disruption of functioning in at least one life area. new text end

new text begin (b) "Psychotherapy for crisis" means treatment of a client to reduce the client's mental health crisis through immediate assessment and psychotherapeutic interventions. Psychotherapy for crisis must include: new text end

new text begin (1) emergency assessment of the crisis situation; new text end

new text begin (2) mental status exam; new text end

new text begin (3) psychotherapeutic interventions to reduce the crisis; and new text end

new text begin (4) development of a post-crisis plan that addresses the recipient's coping skills and community resources. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

Laws 2023, chapter 55, article 7, section 18, subdivision 4, as amended by Laws 2024, chapter 81, section 18, is amended to read:

Subd. 4.

Special education; regular.

(a) For special education aid under Minnesota Statutes, section 125A.75:

	$	2,288,826,000	.....	2024
	$	deleted text begin 2,485,140,000 deleted text end new text begin 2,486,181,000 new text end	.....	2025

(b) The 2024 appropriation includes $229,860,000 for 2023 and $2,058,966,000 for 2024.

(c) The 2025 appropriation includes $289,842,000 for 2024 and deleted text begin $2,195,298,000 deleted text end new text begin $2,196,339,000 new text end for 2025.

ARTICLE 8

SCHOOL FACILITIES

Section 1.

Minnesota Statutes 2022, section 123B.71, subdivision 8, is amended to read:

Subd. 8.

Review and comment.

A school district, a special education cooperative, or a cooperative unit of government, as defined in section 123A.24, subdivision 2, must not deleted text begin initiate deleted text end new text begin enter into new text end an installment contract for purchase or a lease agreement, hold a referendum for bonds, nor solicit bids for new construction, expansion, or remodeling of an educational facility that requires an expenditure in excess of $500,000 per school site if it has a capital loan outstanding, or $2,000,000 per school site if it does not have a capital loan outstanding, prior to review and comment by the commissioner. deleted text begin A facility addition, maintenance project, or remodeling project deleted text end new text begin New construction, expansion, or remodeling of an educational facility new text end funded only with general education revenue, lease levy proceeds new text begin from an additional capital expenditure levy under section 126C.40, subdivision 1 new text end , capital facilities bond proceeds, or long-term facilities maintenance revenue is exempt from this provision. A capital project under section 123B.63 addressing only technology is exempt from this provision if the district submits a school board resolution stating that funds approved by the voters will be used only as authorized in section 126C.10, subdivision 14. A school board shall not separate portions of a single project into components to avoid the requirements of this subdivision.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 123B.71, subdivision 12, is amended to read:

Subd. 12.

Publication.

(a) At least 48 days but not more than deleted text begin 60 deleted text end new text begin 70 new text end days before a referendum for bonds new text begin under chapter 475 new text end or solicitation of bids for a project that has received a positive or unfavorable review and comment under section 123B.70, the school board shall publish a summary of the commissioner's review and comment of that project in the legal newspaper of the district. The school board must hold a public meeting to discuss the commissioner's review and comment before deleted text begin the deleted text end new text begin such a new text end referendum for bonds. Supplementary information shall be available to the public. new text begin Where no such referendum for bonds is required, the publication and public meeting requirements of this subdivision shall not apply. new text end

(b) The publication requirement in paragraph (a) does not apply to alternative facilities projects approved under section 123B.595.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 126C.40, subdivision 6, is amended to read:

Subd. 6.

Lease purchase; installment buys.

(a) Upon application to, and approval by, the commissioner in accordance with the procedures and limits in subdivision 1, paragraphs (a) and (b), a district, as defined in this subdivision, may:

(1) purchase real or personal property under an installment contract or may lease real or personal property with an option to purchase under a lease purchase agreement, by which installment contract or lease purchase agreement title is kept by the seller or vendor or assigned to a third party as security for the purchase price, including interest, if any; and

(2) annually levy the amounts necessary to pay the district's obligations under the installment contract or lease purchase agreement.

(b) The obligation created by the installment contract or the lease purchase agreement must not be included in the calculation of net debt for purposes of section 475.53, and does not constitute debt under other law. An election is not required in connection with the execution of the installment contract or the lease purchase agreement.

(c) The proceeds of the levy authorized by this subdivision must not be used to acquire a facility to be primarily used for athletic or school administration purposes.

(d) For the purposes of this subdivision, "district" means:

(1) Special School District No. 1, Minneapolis, Independent School District No. 625, St. Paul, Independent School District No. 709, Duluth, or Independent School District No. 535, Rochester, if the district's desegregation plan has been determined by the commissioner to be in compliance with Department of Education rules relating to equality of educational opportunity and where the acquisition of property under this subdivision is determined by the commissioner to contribute to the implementation of the desegregation plan; or

(2) other districts eligible for revenue under section 124D.862 if the facility acquired under this subdivision is to be primarily used for a joint program for interdistrict desegregation and the commissioner determines that the joint programs are being undertaken to implement the districts' desegregation plan.

(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease or rent a district-owned building to itself does not apply to levies otherwise authorized by this subdivision.

(f) For the purposes of this subdivision, any references in subdivision 1 to building or land shall include personal property.

(g) Projects funded under this subdivision new text begin that require an expenditure in excess of $500,000 per school site if the school district has a capital loan outstanding, or $2,000,000 per school site if the school district does not have a capital loan outstanding, new text end are subject to review and comment under section 123B.71, subdivision 8, in the same manner as other school construction projects. new text begin Provided no referendum for bonds is required, the school board must discuss the commissioner's determination of a review and comment and the district's approved achievement and integration plan findings at a regular or special school board meeting within 45 days of the commissioner's determination. A school board's failure to comply with the discussion requirement in this paragraph shall not otherwise affect the legality, validity, or binding nature of any school district action or obligation not subject to referendum. new text end

Sec. 4.

Laws 2023, chapter 55, article 8, section 19, subdivision 5, is amended to read:

Subd. 5.

Grants for gender-neutral single-user restrooms.

(a) For grants to school districts for remodeling, constructing, or repurposing space for gender-neutral single-user restrooms:

	$	1,000,000	.....	2024
	$	1,000,000	.....	2025

(b) A school district or a cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2, may apply for a grant of not more than $75,000 per site under this subdivision in the form and manner specified by the commissioner. The commissioner must award at least one grant under this subdivision to Independent School District No. 709, Duluth, for a demonstration grant for a project awaiting construction.

(c) The commissioner must ensure that grants are awarded to schools to reflect the geographic diversity of the state.

(d) Up to $75,000 each year is available for grant administration and monitoring.

(e) By February 1 of each year, the commissioner must annually report to the committees of the legislature with jurisdiction over education on the number of grants that were awarded each year and the number of grant applications that were unfunded during that year.

new text begin (f) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Laws 2023, chapter 55, article 8, section 19, subdivision 6, as amended by Laws 2024, chapter 81, section 22, is amended to read:

Subd. 6.

Long-term facilities maintenance equalized aid.

(a) For long-term facilities maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:

	$	107,905,000	.....	2024
	$	deleted text begin 107,630,000 deleted text end new text begin 107,865,000 new text end	.....	2025

(b) The 2024 appropriation includes $10,821,000 for 2023 and $97,084,000 for 2024.

(c) The 2025 appropriation includes $10,787,000 for 2024 and deleted text begin $96,843,000 deleted text end new text begin $97,078,000 new text end for 2025.

ARTICLE 9

SCHOOL NUTRITION AND LIBRARIES

Section 1.

Minnesota Statutes 2023 Supplement, section 124D.111, subdivision 3, is amended to read:

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision must be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must be attributed to a school food service fund. Under a food service program, the school food service may prepare or serve milk, meals, or snacks in connection with school or community service activities.

(c) Revenues and expenditures for food service activities must be recorded in the food service fund. The costs of processing applications, accounting for meals, preparing and serving food, providing kitchen custodial services, and other expenses involving the preparing of meals or the kitchen section of the lunchroom may be charged to the food service fund or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial services, lunchroom utilities, new text begin lunchroom furniture, new text end and other administrative costs of the food service program must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as attributable to the food service program may be charged to the food service fund provided that the school district does not employ or contract with a food service director or other individual who manages the food service program, or food service management company. If the cost of the superintendent or fiscal manager is charged to the food service fund, the charge must be at a wage rate not to exceed the statewide average for food service directors as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made from the general fund and not the food service fund, unless the restricted balance in the food service fund at the end of the last fiscal year is greater than the cost of the equipment to be purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit is not eliminated by revenues from food service operations in the next fiscal year, then the deficit must be eliminated by a permanent fund transfer from the general fund at the end of that second fiscal year. However, if a district contracts with a food service management company during the period in which the deficit has accrued, the deficit must be eliminated by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund for up to three years without making the permanent transfer if the district submits to the commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three successive years, a district may recode for that fiscal year the costs of lunchroom supervision, lunchroom custodial services, lunchroom utilities, new text begin lunchroom furniture, new text end and other administrative costs of the food service program charged to the general fund according to paragraph (c) and charge those costs to the food service fund in a total amount not to exceed the amount of surplus in the food service fund.

new text begin (i) For purposes of this subdivision, "lunchroom furniture" means tables and chairs regularly used by pupils in a lunchroom from which they may consume milk, meals, or snacks in connection with school or community service activities. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2024 and later. new text end

Sec. 2.

new text begin [127A.151] STATE SCHOOL LIBRARIAN. new text end

new text begin (a) The Department of Education must employ a state school librarian within the State Library Services Division of the department to provide technical assistance to licensed school library media specialists and licensed school librarians. The state school librarian must be or have been a licensed school library media specialist. new text end

new text begin (b) The responsibilities of the state school librarian include but are not limited to providing advice and guidance in academic standards development and statewide library data collection from district and charter schools, and related activities. The state school librarian may provide advice and guidance to the Department of Education staff responsible for administering state library aid and monitoring district compliance. The state school librarian must support district and charter schools on issues of intellectual freedom, media and digital literacy, and growing lifelong readers. The state school librarian must share information about available grant funds and resources, work with the Professional Educator Licensing and Standards Board to support licensure acquisition, and support professional development for licensed school library media specialists and licensed school librarians. new text end

Sec. 3.

Minnesota Statutes 2022, section 127A.45, subdivision 12, is amended to read:

Subd. 12.

Payment percentage for certain aids.

One hundred percent of the aid for the current fiscal year must be paid for the following aids: reimbursement for enrollment options transportation deleted text begin , deleted text end according to sections 124D.03, subdivision 8, and 124D.09, subdivision 22, and chapter 124E deleted text begin ; school lunch aid, according to section 124D.111; deleted text end new text begin , new text end and support services aid, for persons who are deaf, deafblind, and hard-of-hearing according to section 124D.57.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 4.

Minnesota Statutes 2022, section 127A.45, subdivision 13, is amended to read:

Subd. 13.

Aid payment percentage.

Except as provided in subdivisions 11, 12, 12a, deleted text begin and deleted text end 14, new text begin and 14a, new text end each fiscal year, all education aids and credits in this chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 124D, 124E, 125A, 125B, 126C, 134, and section 273.1392, shall be paid at the current year aid payment percentage of the estimated entitlement during the fiscal year of the entitlement. For the purposes of this subdivision, a district's estimated entitlement for special education aid under section 125A.76 for fiscal year 2014 and later equals 97.4 percent of the district's entitlement for the current fiscal year. The final adjustment payment, according to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual data, minus the payments made during the fiscal year of the entitlement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 5.

Minnesota Statutes 2022, section 127A.45, subdivision 14a, is amended to read:

Subd. 14a.

State nutrition programs.

Notwithstanding deleted text begin subdivision deleted text end new text begin subdivisions new text end 3 new text begin and 13 new text end , the state shall pay 100 percent of the aid for the current year according to sections 124D.111, 124D.1158, and 124D.118 based on submitted monthly vouchers showing meals and milk served.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin State school librarian. new text end

new text begin In fiscal year 2026 and each fiscal year thereafter, the Department of Education may retain up to $130,000 of the amount appropriated for school library aid under this section for the costs of the state school librarian under section 127A.151. The aid for each school district and charter school under subdivision 1 must be reduced proportionately. The reduction in aid under this subdivision must be applied to the current year aid payment. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By January 15, 2025, and annually thereafter, the commissioner of education must report to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education on how school districts and charter schools used aid under this section in the previous fiscal year. In preparing the report, the commissioner may use information available from the uniform financial accounting and reporting system. The report must be filed in accordance with section 3.195. new text end

Sec. 8.

Laws 2023, chapter 18, section 4, subdivision 2, as amended by Laws 2023, chapter 55, article 9, section 16, and Laws 2024, chapter 81, section 23, is amended to read:

Subd. 2.

School lunch.

For school lunch aid under Minnesota Statutes, section 124D.111, including the amounts for the free school meals program:

	$	218,801,000	.....	2024
	$	deleted text begin 238,987,000 deleted text end new text begin 239,686,000 new text end	.....	2025

Sec. 9.

Laws 2023, chapter 18, section 4, subdivision 3, as amended by Laws 2023, chapter 55, article 9, section 17, and Laws 2024, chapter 81, section 24, is amended to read:

Subd. 3.

School breakfast.

For school breakfast aid under Minnesota Statutes, section 124D.1158:

	$	44,178,000	.....	2024
	$	deleted text begin 48,334,000 deleted text end new text begin 48,747,000 new text end	.....	2025

Sec. 10.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 134.356, as Minnesota Statutes, section 124D.992, and make any necessary changes to statutory cross-references to reflect these changes. new text end

ARTICLE 10

STATE AGENCIES

Section 1.

Minnesota Statutes 2022, section 13.321, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Office of the Inspector General; access to data. new text end

new text begin Data involving the Department of Education's Office of the Inspector General are governed by section 127A.21. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 127A.21, is amended to read:

127A.21 OFFICE OF THE INSPECTOR GENERAL.

Subdivision 1.

Establishment of Office of the Inspector General; powers; duties.

The commissioner must establish within the department an Office of the Inspector General. new text begin The inspector general shall report directly to the commissioner. new text end The Office of the Inspector General is charged with protecting the integrity of the department and the state by detecting and preventing fraud, waste, and abuse in department programs. The Office of the Inspector General must conduct independent and objective investigations to promote the integrity of the department's programs and operations. When fraud or other misuse of public funds is detected, the Office of the Inspector General must report it to the appropriate law enforcement entity and collaborate and cooperate with law enforcement to assist in the investigation and any subsequent civil and criminal prosecution.

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Abuse" means actions that may, directly or indirectly, result in unnecessary costs to department programs. Abuse may involve paying for items or services when there is no legal entitlement to that payment. new text end

new text begin (c) "Department program" means a program funded by the Department of Education that involves the transfer or disbursement of public funds or other resources to a program participant. "Department program" includes state and federal aids or grants received by a school district or charter school or other program participant. new text end

new text begin (d) "Fraud" means an intentional or deliberate act to deprive another of property or money or to acquire property or money by deception or other unfair means. Fraud includes intentionally submitting false information to the department for the purpose of obtaining a greater compensation or benefit than that to which the person is legally entitled. Fraud also includes failure to correct errors in the maintenance of records in a timely manner after a request by the department. new text end

new text begin (e) "Investigation" means an audit, investigation, proceeding, or inquiry by the Office of the Inspector General related to a program participant in a department program. new text end

new text begin (f) "Program participant" means any entity or person, including associated persons, that receives, disburses, or has custody of funds or other resources transferred or disbursed under a department program. new text end

new text begin (g) "Waste" means practices that, directly or indirectly, result in unnecessary costs to department programs, such as misusing resources. new text end

new text begin (h) For purposes of this section, neither "fraud," "waste," nor "abuse" includes decisions on instruction, curriculum, personnel, or other discretionary policy decisions made by a school district, charter school, cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system, or library district defined in section 134.001. new text end

Subd. 2.

deleted text begin Data practices; deleted text end Hiring; reporting new text begin ; procedures new text end .

deleted text begin The Office of the Inspector General has access to all program data, regardless of classification under chapter deleted text end deleted text begin 13 deleted text end deleted text begin , held by the department, school districts or charter schools, grantees, and any other recipient of funds from the department. deleted text end new text begin (a) new text end The commissioner, or the commissioner's designee, must hire an inspector general to lead the Office of the Inspector General. The inspector general must hire a deputy inspector general and, at the discretion of the inspector general, sufficient assistant inspectors general to carry out the duties of the office. new text begin The inspector general, deputy inspector general, and any assistant inspectors general serve in the classified service. new text end

new text begin (b) new text end In a form and manner determined by the inspector general, the Office of the Inspector General must develop a public platform for the public to report instances of potential fraud, waste, or abuse of public funds administered by the department. new text begin Nothing in this paragraph shall be construed to give a member of the public standing to sue based on allegations of fraud, waste, or abuse. new text end

new text begin (c) The inspector general shall establish procedures for conducting investigations. Procedures adopted under this subdivision are not subject to chapter 14, including section 14.386. new text end

new text begin Subd. 3. new text end

new text begin Subpoenas. new text end

new text begin (a) For the purpose of an investigation, the inspector general or a designee may administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence, and issue subpoenas duces tecum to require the production of books, papers, correspondence, memoranda, agreements, financial records, or other documents or records relevant to the investigation. new text end

new text begin (b) A subpoena issued pursuant to this subdivision must state that the subpoena recipient may not disclose the fact that the subpoena was issued or the fact that the requested records have been given to the inspector general, or their staff, except: new text end

new text begin (1) in so far as the disclosure is necessary to find and disclose the records; new text end

new text begin (2) pursuant to court order; or new text end

new text begin (3) to legal counsel for the purposes of responding to the subpoena. new text end

new text begin (c) The fees for service of a subpoena must be paid in the same manner as prescribed by law for a service of process issued by a district court. new text end

new text begin (d) The subpoena issued under this subdivision shall be enforceable through the district court in the district where the subpoena is issued. new text end

new text begin Subd. 4. new text end

new text begin Access to records. new text end

new text begin (a) For purposes of an investigation, and regardless of the data's classification under chapter 13, the Office of the Inspector General shall have access to all relevant books, accounts, documents, data, and property related to department programs that are maintained by a program participant, charter school, or government entity as defined by section 13.02. new text end

new text begin (b) Notwithstanding paragraph (a), the Office of the Inspector General must issue a subpoena under subdivision 3 in order to access routing and account numbers to which Department of Education funds have been disbursed. new text end

new text begin (c) Records requested by the Office of the Inspector General under this subdivision shall be provided in a format, place, and time frame reasonably requested by the Office of the Inspector General. new text end

new text begin (d) The department may enter into specific agreements with other state agencies related to records requests by the Office of the Inspector General. new text end

new text begin Subd. 5. new text end

new text begin Sanctions; appeal. new text end

new text begin (a) This subdivision does not authorize any sanction that reduces, pauses, or otherwise interrupts state or federal aid to a school district, charter school, cooperative unit as defined by section 123A.24, subdivision 2, or any library, library system, or library district defined in section 134.001. new text end

new text begin (b) The inspector general may recommend that the commissioner impose appropriate temporary sanctions, including withholding of payments under the department program, on a program participant pending an investigation by the Office of the Inspector General if: new text end

new text begin (1) during the course of an investigation, the Office of the Inspector General finds credible indicia of fraud, waste, or abuse by the program participant; new text end

new text begin (2) there has been a criminal, civil, or administrative adjudication of fraud, waste, or abuse against the program participant in Minnesota or in another state or jurisdiction; new text end

new text begin (3) the program participant was receiving funds under any contract or registered in any program administered by another Minnesota state agency, a government agency in another state, or a federal agency, and was excluded from that contract or program for reasons credibly indicating fraud, waste, or abuse by the program participant; or new text end

new text begin (4) the program participant has a pattern of noncompliance with an investigation. new text end

new text begin (c) If an investigation finds, by a preponderance of the evidence, fraud, waste, or abuse by a program participant, the inspector general may, after reviewing all facts and evidence and when acting judiciously on a case-by-case basis, recommend that the commissioner impose appropriate sanctions on the program participant. new text end

new text begin (d) Unless prohibited by law, the commissioner has the authority to implement recommendations by the inspector general, including imposing appropriate sanctions, temporarily or otherwise, on a program participant. Sanctions may include ending program participation, stopping disbursement of funds or resources, monetary recovery, and termination of department contracts with the participant for any current or future department program or contract. A sanction may be imposed for up to the longest period permitted by state or federal law. Sanctions authorized under this subdivision are in addition to other remedies and penalties available under law. new text end

new text begin (e) If the commissioner imposes sanctions on a program participant under this subdivision, the commissioner must notify the participant in writing within seven business days of imposing the sanction, unless requested in writing by a law enforcement agency to temporarily delay issuing the notice to prevent disruption of an ongoing law enforcement agency investigation. A notice of sanction must state: new text end

new text begin (1) the sanction being imposed; new text end

new text begin (2) the general allegations that form the basis for the sanction; new text end

new text begin (3) the duration of the sanction; new text end

new text begin (4) the department programs to which the sanction applies; and new text end

new text begin (5) how the program participant may appeal the sanction pursuant to paragraph (e). new text end

new text begin (f) A program participant sanctioned under this subdivision may, within 30 days after the date the notice of sanction was mailed to the participant, appeal the determination by requesting in writing that the commissioner initiate a contested case proceeding under chapter 14. The scope of any contested case hearing is limited to the sanction imposed under this subdivision. An appeal request must specify with particularity each disputed item, the reason for the dispute, and must include the name and contact information of the person or entity that may be contacted regarding the appeal. new text end

new text begin (g) The commissioner shall lift sanctions imposed under this subdivision if the Office of the Inspector General determines there is insufficient evidence of fraud, waste, or abuse by the program participant. The commissioner must notify the participant in writing within seven business days of lifting the sanction. new text end

new text begin Subd. 6. new text end

new text begin Data practices. new text end

new text begin (a) It is not a violation of rights conferred by chapter 13 or any other statute related to the confidentiality of government data for a government entity as defined in section 13.02 to provide data or information under this section. new text end

new text begin (b) The inspector general is subject to the Government Data Practices Act, chapter 13, and shall protect from unlawful disclosure data classified as not public. Data collected, created, received, or maintained by the inspector general relating to an audit, investigation, proceeding, or inquiry are subject to section 13.39. new text end

new text begin Subd. 7. new text end

new text begin Retaliation, interference prohibited. new text end

new text begin (a) An employee or other individual who discloses information to the Office of the Inspector General about fraud, waste, or abuse in department programs is protected under section 181.932, governing disclosure of information by employees. new text end

new text begin (b) No state employee may interfere with or obstruct an investigation authorized by this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 3.

Laws 2023, chapter 55, article 12, section 17, subdivision 2, is amended to read:

Subd. 2.

Department.

(a) For the Department of Education:

	$	47,005,000	.....	2024
	$	deleted text begin 39,922,000 deleted text end new text begin 40,052,000 new text end	.....	2025

Of these amounts:

(1) $405,000 each year is for the Board of School Administrators;

(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes, section 120B.115;

(3) $720,000 each year is for implementing Minnesota's Learning for English Academic Proficiency and Success Act (LEAPS) under Laws 2014, chapter 272, article 1, as amended;

(4) $480,000 each year is for the Department of Education's mainframe update;

(5) $7,500,000 in fiscal year 2024 only is for legal fees and costs associated with litigation;

(6) $595,000 in fiscal year 2024 and $2,609,000 in fiscal year 2025 are for modernizing district data submissions. The base for fiscal year 2026 and later is $2,359,000;

(7) $573,000 each year is for engagement and rulemaking related to Specific Learning Disability;

(8) $150,000 each year is for an ethnic studies specialist in the academic standards division to provide support to the ethnic studies working group and to school districts seeking to establish or strengthen ethnic studies courses;

(9) $150,000 each year is for the comprehensive school mental health services lead under Minnesota Statutes, section 127A.215;

(10) $150,000 each year is for a school health services specialist under Minnesota Statutes, section 121A.20;

(11) $2,000,000 each year is for the Office of the Inspector General established under Minnesota Statutes, section 127A.21;

(12) $800,000 each year is for audit and internal control resources;

(13) $2,000,000 in fiscal year 2024 only is for information technology infrastructure and portfolio resources;

(14) $2,000,000 each year is for staffing the Equity, Diversity and Inclusion (EDI) Center at the Department of Education; deleted text begin and deleted text end

(15) $275,000 in fiscal year 2024 and $175,000 in fiscal year 2025 are for administrative expenses for unemployment aid new text begin ; and new text end

new text begin (16) $130,000 in fiscal year 2025 only is for the state school librarian under Minnesota Statutes, section 127A.151 new text end .

(b) None of the amounts appropriated under this subdivision may be used for Minnesota's Washington, D.C., office.

(c) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and must be spent as indicated.

(d) The base for fiscal year 2026 and later is $39,667,000.

Sec. 4.

new text begin PERMANENT SCHOOL FUND; DISTRIBUTION OF ENDOWMENT FUND EARNINGS TASK FORCE. new text end

new text begin Subdivision 1. new text end

new text begin Task force established. new text end

new text begin A task force of nine members is established to examine the distribution of earnings from the permanent school fund endowment. new text end

new text begin Subd. 2. new text end

new text begin Membership qualifications and appointments. new text end

new text begin (a) Appointed members of the task force must have outstanding professional experience in at least one of the following areas: new text end

new text begin (1) institutional asset management; new text end

new text begin (2) investment finance; new text end

new text begin (3) trust administration; new text end

new text begin (4) investment fund accounting; new text end

new text begin (5) investment banking; or new text end

new text begin (6) the practice of law in the areas of capital markets, securities funds, trusts, foundations, or endowments. new text end

new text begin (b) The task force consists of the following nine members, each of whom must be appointed by September 1, 2024: new text end

new text begin (1) the commissioner of education or the commissioner's designee; new text end

new text begin (2) an employee or other member appointed by the State Board of Investment; new text end

new text begin (3) four members appointed by the governor; and new text end

new text begin (4) three members appointed by vote of the Legislative Permanent School Fund Commission. new text end

new text begin (c) The first meeting of the task force must be called by the commissioner of education no later than October 1, 2024. The Department of Education must provide staff, technical assistance, and organizational support for the task force. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must examine the historical returns on the permanent school fund endowment and evaluate and recommend potential changes to the distribution of earnings. The task force may examine school trust endowment policies in other states. The task force recommendations may include proposed changes to state statutes and Minnesota's constitutional provisions governing the school trust fund endowment. new text end

new text begin Subd. 4. new text end

new text begin Report; expiration. new text end

new text begin The task force must report its recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over the permanent school fund by January 15, 2026. The task force report must be submitted consistent with Minnesota Statutes, section 3.195. The task force expires on January 15, 2026, or upon submission of the report required under this subdivision, whichever occurs earlier. new text end

Sec. 5.

new text begin APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD. new text end

new text begin Subdivision 1. new text end

new text begin Professional Educator Licensing and Standards Board. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Professional Educator Licensing and Standards Board in the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Information technology costs. new text end

new text begin (a) For information technology costs of the Professional Educator Licensing and Standards Board: new text end

new text begin $ new text end

new text begin 2,767,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2027. new text end

Sec. 6.

new text begin APPROPRIATION; PERMANENT SCHOOL FUND TASK FORCE. new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is appropriated from the general fund to the Department of Education for the fiscal year designated. new text end

new text begin Subd. 2. new text end

new text begin Permanent School Fund Task Force. new text end

new text begin (a) To administer the task force on the distribution of earnings from the permanent school fund: new text end

new text begin $ new text end

new text begin 64,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2026. new text end

Sec. 7.

new text begin REPEALER; FEDERAL EDUCATION LAW IMPLEMENTATION REPORT. new text end

new text begin Minnesota Statutes 2022, section 127A.095, subdivision 3, new text end new text begin is repealed. new text end

ARTICLE 11

EARLY CHILDHOOD EDUCATION

Section 1.

Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 6, is amended to read:

Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1, paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school district or charter school must not exceed 60 percent of the kindergarten pupil units for that school district or charter school under section 126C.05, subdivision 1, paragraph (d).

(b) In reviewing applications under subdivision 5, the commissioner must limit the total number of participants in the voluntary prekindergarten and school readiness plus programs under Laws 2017, First Special Session chapter 5, article 8, section 9, to not more than 7,160 participants for fiscal deleted text begin years 2023, deleted text end new text begin year new text end 2024 deleted text begin , and 2025, deleted text end and 12,360 participants for fiscal year deleted text begin 2026 deleted text end new text begin 2025 new text end and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 3, is amended to read:

Subd. 3.

Administration.

(a) The commissioner shall establish a schedule of tiered per-child scholarship amounts based on the results of the rate survey conducted under section 119B.02, subdivision 7, the cost of providing high-quality early care and learning to children in varying circumstances, a family's income, and geographic location.

(b) Notwithstanding paragraph (a), a program that has a four-star rating under section 124D.142 must receive, for each scholarship recipient who meets the criteria in subdivision 2a, paragraph (b) or (c), an amount not less than the cost to provide full-time care at the 75th percentile of the most recent market rate survey under section 119B.02, subdivision 7.

(c) A four-star rated program that has children eligible for a scholarship enrolled in or on a waiting list for a program beginning in July, August, or September may notify the commissioner, in the form and manner prescribed by the commissioner, each year of the program's desire to enhance program services or to serve more children than current funding provides. The commissioner may designate a predetermined number of scholarship slots for that program and notify the program of that number. For fiscal year 2018 and later, the statewide amount of funding directly designated by the commissioner must not exceed the funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district or Head Start program qualifying under this paragraph may use its established registration process to enroll scholarship recipients and may verify a scholarship recipient's family income in the same manner as for other program participants.

(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not been accepted and subsequently enrolled in a rated program within three months of the awarding of the scholarship, the scholarship cancels and the recipient must reapply in order to be eligible for another scholarship. An extension may be requested if a program is unavailable for the child within the three-month timeline. A child may not be awarded more than one scholarship in a 12-month period.

(e) A child who receives a scholarship who has not completed development screening under sections 121A.16 to 121A.19 must complete that screening within 90 days of first attending an eligible program or within 90 days after the child's third birthday if awarded a scholarship under the age of three.

(f) deleted text begin For fiscal year 2017 and later, deleted text end A school district or Head Start program enrolling scholarship recipients under paragraph (c) may apply to the commissioner, in the form and manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of the application, the commissioner must pay each program directly for each approved scholarship recipient enrolled under paragraph (c) according to the metered payment system or another schedule established by the commissioner. new text begin This paragraph expires upon implementation of the processes required under paragraph (g). new text end

new text begin (g) Beginning January 1, 2026, to the extent funding is available under subdivision 6, paragraph (f), the commissioner must: new text end

new text begin (1) make scholarship payments to eligible programs in advance of or at the beginning of the delivery of services based on an approved scholarship recipient's enrollment; and new text end

new text begin (2) implement a process for transferring scholarship awards between eligible programs, when initiated by a scholarship recipient. Under the process, the commissioner: new text end

new text begin (i) may adjust scholarship payment schedules for eligible programs to account for changes in a scholarship recipient's enrollment; and new text end

new text begin (ii) must specify a period of time for which scholarship payments must continue to an eligible program for a scholarship recipient who transfers to a different eligible program. new text end

new text begin (h) By January 1, 2026, to the extent funding is available under subdivision 6, paragraph (f), the commissioner must have information technology systems in place that prioritize efficiency and usability for families and early childhood programs and that support the following: new text end

new text begin (1) the ability for a family to apply for a scholarship through an online system that allows the family to upload documents that demonstrate scholarship eligibility; new text end

new text begin (2) the administration of scholarships, including but not limited to verification of family and child eligibility, identification of programs eligible to accept scholarships, management of scholarship awards and payments, and communication with families and eligible programs; and new text end

new text begin (3) making scholarship payments to eligible programs in advance of or at the beginning of the delivery of services for an approved scholarship recipient. new text end

new text begin (i) In creating the information technology systems and functions under paragraph (h), the commissioner must consider the requirements for and the potential transition to the great start scholarships program under section 119B.99. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 6, is amended to read:

Subd. 6.

Early learning scholarship account.

(a) An account is established in the special revenue fund known as the "early learning scholarship account."

(b) Funds appropriated for early learning scholarships under this section must be transferred to the early learning scholarship account in the special revenue fund.

(c) Money in the account is annually appropriated to the commissioner for early learning scholarships under this section. Any returned funds are available to be regranted.

(d) Up to $2,133,000 annually is appropriated to the commissioner for costs associated with administering and monitoring early learning scholarships.

(e) The commissioner may use funds under paragraph (c) for the purpose of family outreach and distribution of scholarships.

(f) The commissioner may use up to deleted text begin $5,000,000 deleted text end new text begin $12,000,000 new text end in funds under paragraph (c) to create information technology systems deleted text begin , including but not limited to an online application, a case management system, attendance tracking, and a centralized payment system deleted text end new text begin under subdivision 3, paragraph (h) new text end . deleted text begin Beginning July 1, 2025, the commissioner may use up to $750,000 annually in funds under paragraph (c) to maintain the information technology systems created under this paragraph. deleted text end new text begin Beginning July 1, 2025, the commissioner may use up to $2,400,000 annually in funds under paragraph (c) to maintain the information technology systems that support the early learning scholarships program. new text end

new text begin (g) By December 31 of each year, the commissioner must provide a written report to the legislative committees with jurisdiction over early care and learning programs on the use of funds under paragraph (c) for purposes other than providing scholarships to eligible children. new text end

Sec. 4.

Laws 2023, chapter 54, section 20, subdivision 6, is amended to read:

Subd. 6.

Head Start program.

(a) For Head Start programs under Minnesota Statutes, section 119A.52:

	$	35,100,000	.....	2024
	$	35,100,000	.....	2025

(b) new text begin For fiscal year 2025 and later, up to two percent of the appropriation in each year is available for administration. new text end

new text begin (c) new text end Any balance in the first year does not cancel but is available in the second year.

Sec. 5.

Laws 2023, chapter 54, section 20, subdivision 24, is amended to read:

Subd. 24.

Early childhood curriculum grants.

(a) For competitive grants to Minnesota postsecondary institutions to improve the curricula of the recipient institution's early childhood education programs by incorporating or conforming to the Minnesota knowledge and competency frameworks for early childhood professionals:

	$	250,000	.....	2024
	$	250,000	.....	2025

(b) By December 1, 2024, and again by December 1, 2025, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over early childhood through grade 12 education and higher education finance and policy reporting on grants awarded under this subdivision. The report must include the following information for the previous fiscal year:

(1) the number of grant applications received;

(2) the criteria applied by the commissioner for evaluating applications;

(3) the number of grants awarded, grant recipients, and amounts awarded;

(4) early childhood education curricular reforms proposed by each recipient institution;

(5) grant outcomes for each recipient institution; and

(6) other information identified by the commissioner as outcome indicators.

(c) The commissioner may use no more than three percent of the appropriation under this subdivision to administer the grant program.

(d) This is a onetime appropriation.

new text begin (e) Any balance in the first year does not cancel but is available in the second year. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 6.

new text begin DIRECTION TO THE COMMISSIONER OF EDUCATION; ADJUSTING VOLUNTARY PREKINDERGARTEN PARTICIPATION LIMITS. new text end

new text begin The commissioner of education must retroactively adjust the voluntary prekindergarten and school readiness plus seat allocation under Minnesota Statutes, section 124D.151, subdivision 5a, for fiscal year 2025 to match the participation limit under Minnesota Statutes, section 124D.141, subdivision 6, for fiscal year 2025. The commissioner of education, in consultation with the Department of Children, Youth, and Families Implementation Office, must finish allocating the new seats for fiscal year 2025 by June 17, 2024, and must notify qualifying school districts and charter schools about the new seats by July 1, 2024. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

new text begin REPEALER. new text end

new text begin Laws 2023, chapter 55, article 10, section 4, new text end new text begin is repealed. new text end

ARTICLE 12

CHILD PROTECTION AND WELFARE

Section 1.

Minnesota Statutes 2023 Supplement, section 256.01, subdivision 12b, is amended to read:

Subd. 12b.

Department of Human Services systemic critical incident review team.

(a) The commissioner may establish a Department of Human Services systemic critical incident review team to review new text begin (1) new text end critical incidents reported as required under section 626.557 for which the Department of Human Services is responsible under section 626.5572, subdivision 13; chapter 245D; or Minnesota Rules, chapter 9544 new text begin ; or (2) child fatalities and near fatalities that occur in licensed facilities and are not due to natural causes new text end . When reviewing a critical incident, the systemic critical incident review team shall identify systemic influences to the incident rather than determine the culpability of any actors involved in the incident. The systemic critical incident review may assess the entire critical incident process from the point of an entity reporting the critical incident through the ongoing case management process. Department staff shall lead and conduct the reviews and may utilize county staff as reviewers. The systemic critical incident review process may include but is not limited to:

(1) data collection about the incident and actors involved. Data may include the relevant critical services; the service provider's policies and procedures applicable to the incident; the community support plan as defined in section 245D.02, subdivision 4b, for the person receiving services; or an interview of an actor involved in the critical incident or the review of the critical incident. Actors may include:

(i) staff of the provider agency;

(ii) lead agency staff administering home and community-based services delivered by the provider;

(iii) Department of Human Services staff with oversight of home and community-based services;

(iv) Department of Health staff with oversight of home and community-based services;

(v) members of the community including advocates, legal representatives, health care providers, pharmacy staff, or others with knowledge of the incident or the actors in the incident; and

(vi) staff from the Office of the Ombudsman for Mental Health and Developmental Disabilities and the Office of Ombudsman for Long-Term Care;

(2) systemic mapping of the critical incident. The team conducting the systemic mapping of the incident may include any actors identified in clause (1), designated representatives of other provider agencies, regional teams, and representatives of the local regional quality council identified in section 256B.097; and

(3) analysis of the case for systemic influences.

Data collected by the critical incident review team shall be aggregated and provided to regional teams, participating regional quality councils, and the commissioner. The regional teams and quality councils shall analyze the data and make recommendations to the commissioner regarding systemic changes that would decrease the number and severity of critical incidents in the future or improve the quality of the home and community-based service system.

(b) Cases selected for the systemic critical incident review process shall be selected by a selection committee among the following critical incident categories:

(1) cases of caregiver neglect identified in section 626.5572, subdivision 17;

(2) cases involving financial exploitation identified in section 626.5572, subdivision 9;

(3) incidents identified in section 245D.02, subdivision 11;

(4) behavior interventions identified in Minnesota Rules, part 9544.0110;

(5) service terminations reported to the department in accordance with section 245D.10, subdivision 3a; and

(6) other incidents determined by the commissioner.

(c) The systemic critical incident review under this section shall not replace the process for screening or investigating cases of alleged maltreatment of an adult under section 626.557 new text begin or of a child under chapter 260E new text end . The department may select cases for systemic critical incident review, under the jurisdiction of the commissioner, reported for suspected maltreatment and closed following initial or final disposition.

(d) The proceedings and records of the review team are confidential data on individuals or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that document a person's opinions formed as a result of the review are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or a county agency arising out of the matters that the team is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because the information, documents, and records were assessed or presented during proceedings of the review team. A person who presented information before the systemic critical incident review team or who is a member of the team shall not be prevented from testifying about matters within the person's knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions formed by the person as a result of the review.

(e) By October 1 of each year, the commissioner shall prepare an annual public report containing the following information:

(1) the number of cases reviewed under each critical incident category identified in paragraph (b) and a geographical description of where cases under each category originated;

(2) an aggregate summary of the systemic themes from the critical incidents examined by the critical incident review team during the previous year;

(3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in regard to the critical incidents examined by the critical incident review team; and

(4) recommendations made to the commissioner regarding systemic changes that could decrease the number and severity of critical incidents in the future or improve the quality of the home and community-based service system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 2.

Minnesota Statutes 2022, section 256N.26, subdivision 12, is amended to read:

Subd. 12.

Treatment of Supplemental Security Income.

new text begin (a) new text end If a child placed in foster care receives benefits through Supplemental Security Income (SSI) at the time of foster care placement or subsequent to placement in foster care, the financially responsible agency may apply to be the payee for the child for the duration of the child's placement in foster care. If a child continues to be eligible for SSI after finalization of the adoption or transfer of permanent legal and physical custody and is determined to be eligible for a payment under Northstar Care for Children, a permanent caregiver may choose to receive payment from both programs simultaneously. The permanent caregiver is responsible to report the amount of the payment to the Social Security Administration and the SSI payment will be reduced as required by the Social Security Administration.

new text begin (b) If a financially responsible agency applies to be the payee for a child who receives benefits through SSI, or receives the benefits under this subdivision on behalf of a child, the financially responsible agency must provide written notice by certified mail, return receipt requested to: new text end

new text begin (1) the child, if the child is 13 years of age or older; new text end

new text begin (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian the child's relative selected by the agency; new text end

new text begin (3) the guardian ad litem; new text end

new text begin (4) the legally responsible agency; and new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3. new text end

new text begin (c) If a financially responsible agency receives benefits under this subdivision on behalf of a child 13 years of age or older, the legally responsible agency and the guardian ad litem must disclose this information to the child in person in a manner that best helps the child understand the information. This paragraph does not apply in circumstances where the child is living outside of Minnesota. new text end

new text begin (d) If a financially responsible agency receives the benefits under this subdivision on behalf of a child, it cannot use those funds for any other purpose than the care of that child. The financially responsible agency must not commingle any benefits received under this subdivision and must not put the benefits received on behalf of a child under this subdivision into a general fund. new text end

new text begin (e) If a financially responsible agency receives any benefits under this subdivision, it must keep a record of: new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for; new text end

new text begin (2) the total number of children it applied to be a payee for; and new text end

new text begin (3) the total number of children it received benefits for. new text end

new text begin (f) By July 1, 2025, and each July 1 thereafter, each financially responsible agency must submit a report to the commissioner of children, youth, and families that includes the information required under paragraph (e). By September 1 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over child protection that compiles the information provided to the commissioner by each financially responsible agency under paragraph (e); subdivision 13, paragraph (e); and section 260C.331, subdivision 7, paragraph (d). This paragraph expires January 31, 2034. new text end

Sec. 3.

Minnesota Statutes 2022, section 256N.26, subdivision 13, is amended to read:

Subd. 13.

Treatment of Retirement deleted text begin survivor's deleted text end new text begin , Survivors, and new text end Disability Insurance deleted text begin , deleted text end new text begin ; new text end veteran's benefits deleted text begin , deleted text end new text begin ; new text end railroad retirement benefits deleted text begin , deleted text end new text begin ; new text end and black lung benefits.

new text begin (a) new text end If a child placed in foster care receives Retirement deleted text begin survivor's deleted text end new text begin , Survivors, and new text end Disability Insurance deleted text begin , deleted text end new text begin ; new text end veteran's benefits deleted text begin , deleted text end new text begin ; new text end railroad retirement benefits deleted text begin , deleted text end new text begin ; new text end or black lung benefits at the time of foster care placement or subsequent to placement in foster care, the financially responsible agency may apply to be the payee for the child for the duration of the child's placement in foster care. If it is anticipated that a child will be eligible to receive Retirement deleted text begin survivor's deleted text end new text begin , Survivors, and new text end Disability Insurance deleted text begin , deleted text end new text begin ; new text end veteran's benefits deleted text begin , deleted text end new text begin ; new text end railroad retirement benefits deleted text begin , deleted text end new text begin ; new text end or black lung benefits after finalization of the adoption or assignment of permanent legal and physical custody, the permanent caregiver shall apply to be the payee of those benefits on the child's behalf.

new text begin (b) If the financially responsible agency applies to be the payee for a child who receives Retirement, Survivors, and Disability Insurance; veteran's benefits; railroad retirement benefits; or black lung benefits, or receives the benefits under this subdivision on behalf of a child, the financially responsible agency must provide written notice by certified mail, return receipt requested to: new text end

new text begin (1) the child, if the child is 13 years of age or older; new text end

new text begin (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian the child's relative selected by the agency; new text end

new text begin (3) the guardian ad litem; new text end

new text begin (4) the legally responsible agency; and new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3. new text end

new text begin (c) If a financially responsible agency receives benefits under this subdivision on behalf of a child 13 years of age or older, the legally responsible agency and the guardian ad litem must disclose this information to the child in person in a manner that best helps the child understand the information. This paragraph does not apply in circumstances where the child is living outside of Minnesota. new text end

new text begin (d) If a financially responsible agency receives the benefits under this subdivision on behalf of a child, it cannot use those funds for any other purpose than the care of that child. The financially responsible agency must not commingle any benefits received under this subdivision and must not put the benefits received on behalf of a child under this subdivision into a general fund. new text end

new text begin (e) If a financially responsible agency receives any benefits under this subdivision, it must keep a record of: new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for; new text end

new text begin (2) the total number of children it applied to be a payee for; and new text end

new text begin (3) the total number of children it received benefits for. new text end

new text begin (f) By July 1, 2025 and each July 1 thereafter, each financially responsible agency must submit a report to the commissioner of children, youth, and families that includes the information required under paragraph (e). new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 260.761, subdivision 2, is amended to read:

Subd. 2.

Notice to Tribes of services or court proceedings involving an Indian child.

(a) When a child-placing agency has information that a family assessment, investigation, or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment being conducted may involve an Indian child, the child-placing agency shall notify the Indian child's Tribe of the family assessment, investigation, or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment according to section 260E.18. The child-placing agency shall provide initial notice by telephone and by email or facsimile and shall include the child's full name and date of birth; the full names and dates of birth of the child's biological parents; and if known the full names and dates of birth of the child's grandparents and of the child's Indian custodian. If information regarding the child's grandparents or Indian custodian is not immediately available, the child-placing agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal representative participate in evaluating the family circumstances, identifying family and Tribal community resources, and developing case plans. The child-placing agency shall continue to include the Tribe in service planning and updates as to the progress of the case.

(b) When a child-placing agency has information that a child receiving services may be an Indian child, the child-placing agency shall notify the Tribe by telephone and by email or facsimile of the child's full name and date of birth, the full names and dates of birth of the child's biological parents, and, if known, the full names and dates of birth of the child's grandparents and of the child's Indian custodian. This notification must be provided for the Tribe to determine if the child is a member or eligible for Tribal membership, and the agency must provide this notification to the Tribe within seven days of receiving information that the child may be an Indian child. If information regarding the child's grandparents or Indian custodian is not available within the seven-day period, the child-placing agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage.

(c) In all child placement proceedings, when a court has reason to believe that a child placed in emergency protective care is an Indian child, the court administrator or a designee shall, as soon as possible and before a hearing takes place, notify the Tribal social services agency by telephone and by email or facsimile of the date, time, and location of the emergency protective care or other initial hearing. The court shall make efforts to allow appearances by telephone or video conference for Tribal representatives, parents, and Indian custodians.

(d) The child-placing agency or individual petitioner shall effect service of any petition governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least 10 days before the admit-deny hearing is held. If the identity or location of the Indian child's parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall provide the notice required in this paragraph to the United States Secretary of the Interior, Bureau of Indian Affairs by certified mail, return receipt requested.

(e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20 additional days to prepare for the admit-deny hearing. The court shall allow appearances by telephone, video conference, or other electronic medium for Tribal representatives, the Indian child's parents, or the Indian custodian.

(f) A child-placing agency or individual petitioner must provide the notices required under this subdivision at the earliest possible time to facilitate involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing agency, individual petitioner, and the court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent the Tribe from intervening in services and proceedings at a later date. A Tribe may participate in a case at any time. At any stage of the child-placing agency's involvement with an Indian child, the agency shall provide full cooperation to the Tribal social services agency, including disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying the notice requirements in state or federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 260.762, subdivision 2, is amended to read:

Subd. 2.

Requirements for child-placing agencies and individual petitioners.

A child-placing agency or individual petitioner shall:

(1) work with the Indian child's Tribe and family to develop an alternative plan to out-of-home placement;

(2) before making a decision that may affect an Indian child's safety and well-being or when contemplating out-of-home placement of an Indian child, seek guidance from the Indian child's Tribe on family structure, how the family can seek help, what family and Tribal resources are available, and what barriers the family faces at that time that could threaten its preservation; deleted text begin and deleted text end

(3) request participation of the Indian child's Tribe at the earliest possible time and request the Tribe's active participation throughout the case deleted text begin . deleted text end new text begin ; and new text end

new text begin (4) notify the Indian child's Tribe or Tribes by telephone and by email or facsimile immediately but no later than 24 hours after receiving information on a missing child as defined under section 260C.212, subdivision 13, paragraph (a). new text end

Sec. 6.

Minnesota Statutes 2022, section 260C.007, subdivision 5, is amended to read:

Subd. 5.

Child abuse.

"Child abuse" means an act that involves a minor victim that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, new text begin 609.282, new text end 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.3458, 609.377, 609.378, 617.246, or that is physical or sexual abuse as defined in section 260E.03, or an act committed in another state that involves a minor victim and would constitute a violation of one of these sections if committed in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 7.

Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

new text begin (12) is a labor trafficked youth; new text end

deleted text begin (12) deleted text end new text begin (13) new text end has committed a delinquent act or a juvenile petty offense before becoming ten years old;

deleted text begin (13) deleted text end new text begin (14) new text end is a runaway;

deleted text begin (14) deleted text end new text begin (15) new text end is a habitual truant;

deleted text begin (15) deleted text end new text begin (16) new text end has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

deleted text begin (16) deleted text end new text begin (17) new text end has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 8.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision to read:

new text begin Subd. 33. new text end

new text begin Labor trafficked youth. new text end

new text begin For the purposes of this section, "labor trafficked youth" means a child, as defined in subdivision 4, who: new text end

new text begin (1) is a labor trafficking victim as defined in section 609.281, subdivision 6; or new text end

new text begin (2) is a victim of severe forms of trafficking in persons as defined in United States Code, title 22, section 7102(11)(B). new text end

Sec. 9.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision to read:

new text begin Subd. 34. new text end

new text begin Human trafficking. new text end

new text begin For purposes of this section, "human trafficking" includes labor trafficking as defined in section 609.281, subdivision 5; sex trafficking as defined in section 609.321, subdivision 7a; and severe forms of trafficking in persons as defined in United States Code, title 22, section 7102(11). new text end

Sec. 10.

Minnesota Statutes 2022, section 260C.212, subdivision 13, is amended to read:

Subd. 13.

deleted text begin Protecting deleted text end new text begin Responding to new text end missing deleted text begin and runaway deleted text end children and youth deleted text begin at risk of sex deleted text end new text begin and preventing human new text end trafficking deleted text begin or commercial sexual exploitation deleted text end .

new text begin (a) For purposes of this subdivision, "missing child or youth" means a child, as defined by section 260C.007, subdivision 4, who is under the legal custody of a responsible social services agency, as defined by section 260C.007, subdivision 22, and is absent from the foster care setting, including family foster home, residential facility or independent living setting, or home of the parent or guardian during a trial home visit, and cannot be located. new text end

deleted text begin (a) deleted text end new text begin (b) new text end The deleted text begin local deleted text end new text begin responsible new text end social services agency shall new text begin develop protocols to new text end expeditiously locate any new text begin missing new text end child deleted text begin missing from foster care deleted text end new text begin or youth new text end .

deleted text begin (b) deleted text end new text begin (c) new text end new text begin When new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency deleted text begin shall report deleted text end new text begin learns that a child or youth is missing, the agency staff must new text end immediately, but no later than 24 hours deleted text begin , deleted text end after receiving information deleted text begin on a missing or abducted child deleted text end new text begin : new text end

new text begin (1) report new text end to the local law enforcement agency for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation deleted text begin , deleted text end and to the National Center for Missing and Exploited Children new text begin and document having made this report new text end . new text begin When making a report to local law enforcement and National Center for Missing and Exploited Children, the agency must include, when reasonably possible: new text end

new text begin (i) a photo of the child or youth; new text end

new text begin (ii) a description of the child or youth's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and new text end

new text begin (iii) endangerment information, such as the child or youth's pregnancy status, prescriptions, medications, suicidal tendencies, vulnerability to being trafficked, and other health or risk factors; and new text end

new text begin (2) notify the court, parties to the case, parents and relatives who are not parties as the agency deems appropriate, and any Tribe who has legal responsibility or received notice under section 260.761, subdivision 2, but has not yet determined enrollment or eligibility status. new text end

deleted text begin (c) deleted text end new text begin (d) While the child or youth is missing, new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency deleted text begin shall deleted text end new text begin must: new text end

new text begin (1) implement protocols to expeditiously locate the child or youth; new text end

new text begin (2) maintain regular communication with law enforcement agencies and the National Center for Missing and Exploited Children in efforts to provide a safe recovery of the missing child or youth and document this communication; new text end

new text begin (3) share information pertaining to the child or youth's recovery, and circumstances related to recovery, with law enforcement agencies and the National Center for Missing and Exploited Children; and new text end

new text begin (4) new text end not discharge a child new text begin or youth new text end from foster care or close the social services case until diligent efforts have been exhausted to locate the child new text begin or youth new text end and the court terminates the agency's jurisdiction.

deleted text begin (d) deleted text end new text begin (e) When the child or youth is located, new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency deleted text begin shall deleted text end new text begin must: new text end

new text begin (1) notify all individuals and agencies that require notification in paragraph (c) of the child or youth's return; new text end

new text begin (2) interview the child or youth to new text end determine new text begin and document, on a form approved by the commissioner of children, youth, and families, what the child or youth experienced while missing and new text end the primary factors that contributed to the deleted text begin child's running away or otherwise being absent deleted text end new text begin child or youth's absence new text end from care deleted text begin and, deleted text end new text begin ; new text end

new text begin (3) new text end to the extent possible and appropriate, respond to deleted text begin those deleted text end new text begin the primary contributing new text end factors in current and subsequent placements deleted text begin . deleted text end new text begin ; new text end

deleted text begin (e) The local social services agency shall determine what the child experienced while absent from care, including screening deleted text end new text begin (4) screen new text end the child new text begin or youth's reported experience new text end to deleted text begin determine deleted text end new text begin identify new text end if the child new text begin or youth new text end is a possible deleted text begin sex deleted text end new text begin victim of human new text end trafficking deleted text begin or commercial sexual exploitation victim deleted text end new text begin , new text end as defined in section 260C.007, subdivision deleted text begin 31. deleted text end new text begin 34; and new text end

deleted text begin (f) the local social services deleted text end new text begin (5) if the child or youth is identified to have been a victim of human trafficking, new text end deleted text begin agency shall deleted text end report immediately, but no later than 24 hours, to deleted text begin the deleted text end local law enforcement deleted text begin agency any reasonable cause to believe a child is, or is at risk of being, a sex trafficking or commercial sexual exploitation victim deleted text end .

deleted text begin (g) deleted text end new text begin (f) With respect to any child or youth for whom the responsible social services agency has responsibility for placement, care, or supervision, new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency shall deleted text begin determine deleted text end new text begin : new text end

new text begin (1) identify and document any reasonable cause to believe that the child or youth is a human trafficking victim as defined in section 260C.007, subdivision 34, or a youth at risk of sex trafficking or commercial sexual exploitation as defined by the commissioner of children, youth, and families; and new text end

new text begin (2) provide access to new text end appropriate services new text begin , which may include services under Safe Harbor, new text end as described in section deleted text begin 145.4717 with respect to any child for whom the local social services agency has responsibility for placement, care, or supervision when the local social services agency has reasonable cause to believe that the child is, or is at risk of being, a sex trafficking or commercial sexual exploitation victim. deleted text end new text begin 145.4716, amending the child or youth's out-of-home placement plan in subdivision 1, as necessary. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except for paragraph (f), which is effective July 1, 2025. new text end

Sec. 11.

Minnesota Statutes 2022, section 260C.331, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Notice. new text end

new text begin (a) If the responsible social services agency receives Retirement, Survivors, and Disability Insurance; Supplemental Security Income; veteran's benefits; railroad retirement benefits; or black lung benefits on behalf of a child, it must provide written notice by certified mail, return receipt requested to: new text end

new text begin (1) the child, if the child is 13 years of age or older; new text end

new text begin (2) the child's parent, guardian, or custodian or if there is no legal parent or custodian the child's relative selected by the agency; new text end

new text begin (3) the guardian ad litem; new text end

new text begin (4) the legally responsible agency as defined in section 256N.02, if different than the responsible social services agency; and new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3. new text end

new text begin (b) If the responsible social services agency receives benefits under this subdivision on behalf of a child 13 years of age or older, the legally responsible agency as defined in section 256N.02, subdivision 14, if different, and the guardian ad litem must disclose this information to the child in person in a manner that best helps the child understand the information. This paragraph does not apply in circumstances where the child is living outside of Minnesota. new text end

new text begin (c) If the responsible social services agency receives the benefits listed under this subdivision on behalf of a child, it cannot use those funds for any other purpose than the care of that child. The responsible social services agency must not commingle any benefits received under this subdivision and must not put the benefits received on behalf of a child into a general fund. new text end

new text begin (d) If the responsible social services agency receives any benefits listed under this subdivision, it must keep a record of: new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for; new text end

new text begin (2) the total number of children it applied to be a payee for; and new text end

new text begin (3) the total number of children it receives benefits for. By July 1, 2025, and each July 1 thereafter, the responsible social services agency must submit a report to the commissioner that includes the information required under this paragraph. new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 260E.02, subdivision 1, as amended by Laws 2024, chapter 80, article 8, section 31, is amended to read:

Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary child protection team that may include deleted text begin , deleted text end but is not limited to deleted text begin , deleted text end the director of the local welfare agency or designees, the county attorney or designees, the county sheriff or designees, representatives of health and education, representatives of mental health, representatives of agencies providing specialized services or responding to youth who experience or are at risk of experiencing sex new text begin or labor new text end trafficking or sexual exploitation, or other appropriate human services, children's services, or community-based agencies, and parent groups. As used in this section, a "community-based agency" may include, but is not limited to, schools, social services agencies, family service and mental health collaboratives, children's advocacy centers, early childhood and family education programs, Head Start, or other agencies serving children and families. A member of the team must be designated as the lead person of the team responsible for the planning process to develop standards for the team's activities with battered women's and domestic abuse programs and services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 13.

Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Labor trafficking. new text end

new text begin "Labor trafficking" means the subjection of a child to the acts listed in section 609.281, subdivision 5, limited to the purposes of forced or coerced labor or services as defined by section 609.281, subdivision 4, and debt bondage as defined by section 609.281, subdivision 3, regardless of whether the alleged offender is a noncaregiver human trafficker as defined in subdivision 17a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15a, is amended to read:

Subd. 15a.

Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficker.

"Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficker" means an individual who is alleged to have engaged in the act of sex new text begin or labor new text end trafficking a child and who is not a person responsible for the child's care, who does not have a significant relationship with the child as defined in section 609.341 deleted text begin , and who is not a person in a current or recent position of authority as defined in section 609.341, subdivision 10 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15b, is amended to read:

Subd. 15b.

Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment.

"Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment" is a comprehensive assessment of child safety, the risk of subsequent child maltreatment, and strengths and needs of the child and family. The local welfare agency shall only perform a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment when a maltreatment report alleges sex new text begin or labor new text end trafficking of a child by someone other than the child's caregiver. A noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment does not include a determination of whether child maltreatment occurred. A noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment includes a determination of a family's need for services to address the safety of the child or children, the safety of family members, and the risk of subsequent child maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 16.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 22, is amended to read:

Subd. 22.

Substantial child endangerment.

"Substantial child endangerment" means that a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child in the person's care that constitutes any of the following:

(1) egregious harm under subdivision 5;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) sex trafficking, solicitation, inducement, or promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) sexual extortion under section 609.3458;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; deleted text begin or deleted text end

new text begin (13) labor trafficking under sections 609.281 and 609.282; or new text end

deleted text begin (13) deleted text end new text begin (14) new text end parental behavior, status, or condition requiring the county attorney to file a termination of parental rights petition under section 260C.503, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 17.

Minnesota Statutes 2022, section 260E.14, subdivision 3, is amended to read:

Subd. 3.

Neglect deleted text begin or deleted text end new text begin , new text end physical abuse new text begin , or labor trafficking new text end .

new text begin (a) new text end The local welfare agency is responsible for immediately conducting a family assessment or investigation if the report alleges neglect or physical abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care.

new text begin (b) The local welfare agency is also responsible for conducting a family assessment or investigation when a child is identified as a victim of labor trafficking. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 18.

Minnesota Statutes 2023 Supplement, section 260E.14, subdivision 5, is amended to read:

Subd. 5.

Law enforcement.

(a) The local law enforcement agency is the agency responsible for investigating a report of maltreatment if a violation of a criminal statute is alleged.

(b) Law enforcement and the responsible agency must coordinate their investigations or assessments as required under this chapter when: (1) a report alleges maltreatment that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person responsible for the child's care within the family unit, or by a person who lives in the child's household and who has a significant relationship to the child in a setting other than a facility as defined in section 260E.03; or (2) a report alleges sex new text begin or labor new text end trafficking of a child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 260E.17, subdivision 1, is amended to read:

Subdivision 1.

Local welfare agency.

(a) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment, an investigation, or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment as appropriate to prevent or provide a remedy for maltreatment.

(b) The local welfare agency shall conduct an investigation when the report involves sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.

(c) The local welfare agency shall begin an immediate investigation at any time when the local welfare agency is responding with a family assessment and the local welfare agency determines that there is reason to believe that sexual abuse, substantial child endangerment, or a serious threat to the child's safety exists.

(d) The local welfare agency may conduct a family assessment for reports that do not allege sexual abuse, except as indicated in paragraph (f), or substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response.

(e) The local welfare agency may conduct a family assessment for a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the local welfare agency must document the reason for terminating the investigation and notify the local law enforcement agency if the local law enforcement agency is conducting a joint investigation.

(f) The local welfare agency shall conduct a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment when a maltreatment report alleges sex new text begin or labor new text end trafficking of a child and the alleged offender is a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficker as defined by section 260E.03, subdivision 15a.

(g) During a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency shall initiate an immediate investigation if there is reason to believe that a child's parent, caregiver, or household member allegedly engaged in the act of sex new text begin or labor new text end trafficking a child or was alleged to have engaged in any conduct requiring the agency to conduct an investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 260E.18, is amended to read:

260E.18 NOTICE TO CHILD'S TRIBE.

The local welfare agency shall provide immediate notice, according to section 260.761, subdivision 2, to an Indian child's Tribe when the agency has reason to believe that the family assessment, investigation, or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment may involve an Indian child. For purposes of this section, "immediate notice" means notice provided within 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 21.

Minnesota Statutes 2023 Supplement, section 260E.20, subdivision 2, is amended to read:

Subd. 2.

Face-to-face contact.

(a) Upon receipt of a screened in report, the local welfare agency shall have face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. When it is possible and the report alleges substantial child endangerment or sexual abuse, the local welfare agency is not required to provide notice before conducting the initial face-to-face contact with the child and the child's primary caregiver.

(b) Except in a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency shall have face-to-face contact with the child and primary caregiver immediately after the agency screens in a report if sexual abuse or substantial child endangerment is alleged and within five calendar days of a screened in report for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation, except in a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment. Face-to-face contact with the child and primary caregiver in response to a report alleging sexual abuse or substantial child endangerment may be postponed for no more than five calendar days if the child is residing in a location that is confirmed to restrict contact with the alleged offender as established in guidelines issued by the commissioner, or if the local welfare agency is pursuing a court order for the child's caregiver to produce the child for questioning under section 260E.22, subdivision 5.

(c) At the initial contact with the alleged offender, the local welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation. In a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local child welfare agency is not required to inform or interview the alleged offender.

(d) The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement, except in a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment. The alleged offender may submit supporting documentation relevant to the assessment or investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 22.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 2, is amended to read:

Subd. 2.

Determination after family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment.

After conducting a family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency shall determine whether child protective services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. The local welfare agency must document the information collected under section 260E.20, subdivision 3, related to the completed family assessment in the child's or family's case notes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 23.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 7, is amended to read:

Subd. 7.

Notification at conclusion of family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment.

Within ten working days of the conclusion of a family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 24.

Minnesota Statutes 2023 Supplement, section 260E.33, subdivision 1, is amended to read:

Subdivision 1.

Following a family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment.

Administrative reconsideration is not applicable to a family assessment or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment since no determination concerning maltreatment is made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 25.

Minnesota Statutes 2023 Supplement, section 260E.35, subdivision 6, is amended to read:

Subd. 6.

Data retention.

(a) Notwithstanding sections 138.163 and 138.17, a record maintained or a record derived from a report of maltreatment by a local welfare agency, agency responsible for assessing or investigating the report, court services agency, or school under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible authority.

(b) For a report alleging maltreatment that was not accepted for an assessment or an investigation, a family assessment case, a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment case, and a case where an investigation results in no determination of maltreatment or the need for child protective services, the record must be maintained for a period of five years after the date that the report was not accepted for assessment or investigation or the date of the final entry in the case record. A record of a report that was not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons why the report was not accepted. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future screening decisions and risk and safety assessments.

(c) All records relating to reports that, upon investigation, indicate maltreatment or a need for child protective services shall be maintained for ten years after the date of the final entry in the case record.

(d) All records regarding a report of maltreatment, including a notification of intent to interview that was received by a school under section 260E.22, subdivision 7, shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.

(e) Private or confidential data released to a court services agency under subdivision 3, paragraph (d), must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 26.

Minnesota Statutes 2022, section 260E.36, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Sex deleted text end new text begin Human new text end trafficking deleted text begin and deleted text end new text begin , new text end sexual exploitation new text begin , and youth missing from care new text end training requirement.

As required by the Child Abuse Prevention and Treatment Act amendments through Public Law 114-22 and to implement Public deleted text begin Law deleted text end new text begin Laws 113-183 and new text end 115-123, all child protection social workers and social services staff who have responsibility for child protective duties under this chapter or chapter 260C shall complete training implemented by the commissioner of human services regarding deleted text begin sex deleted text end new text begin identification, prevention, and response to human new text end trafficking and sexual exploitation of children and youth new text begin , including prevention for youth missing from care new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 27.

new text begin [260E.39] CHILD FATALITY AND NEAR FATALITY REVIEW. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings given: new text end

new text begin (1) "critical incident" means a child fatality or near fatality in which maltreatment was a known or suspected contributing cause; new text end

new text begin (2) "joint review" means the critical incident review conducted by the child mortality review panel jointly with the local review team under subdivision 4, paragraph (b); new text end

new text begin (3) "local review" means the local critical incident review conducted by the local review team under subdivision 4, paragraph (c); new text end

new text begin (4) "local review team" means a local child mortality review team established under subdivision 2; and new text end

new text begin (5) "panel" means the child mortality review panel established under subdivision 3. new text end

new text begin Subd. 2. new text end

new text begin Local child mortality review teams. new text end

new text begin (a) Each county shall establish a multidisciplinary local child mortality review team and shall participate in local critical incident reviews that are based on safety science principles to support a culture of learning. The local welfare agency's child protection team may serve as the local review team. The local review team shall include but not be limited to professionals with knowledge of the critical incident being reviewed and, if the critical incident being reviewed involved an Indian child as defined in section 260.755, subdivision 8, at least one representative from the child's Tribe. new text end

new text begin (b) The local review team shall conduct reviews of critical incidents jointly with the child mortality review panel or as otherwise required under subdivision 4, paragraph (c). new text end

new text begin Subd. 3. new text end

new text begin Child mortality review panel; establishment and membership. new text end

new text begin (a) The commissioner shall establish a child mortality review panel to review critical incidents attributed to child maltreatment. The purpose of the panel is to identify systemic changes to improve child safety and well-being and recommend modifications in statute, rule, policy, and procedure. new text end

new text begin (b) The panel shall consist of: new text end

new text begin (1) the commissioner of children, youth, and families, or a designee; new text end

new text begin (2) the commissioner of human services, or a designee; new text end

new text begin (3) the commissioner of health, or a designee; new text end

new text begin (4) the commissioner of education, or a designee; new text end

new text begin (5) the superintendent of the Bureau of Criminal Apprehension, or a designee; new text end

new text begin (6) a judge, appointed by the Minnesota judicial branch; and new text end

new text begin (7) other members appointed by the governor, including but not limited to: new text end

new text begin (i) a physician who is a medical examiner; new text end

new text begin (ii) a physician who is a child abuse specialist pediatrician; new text end

new text begin (iii) a county attorney who works on child protection cases; new text end

new text begin (iv) two current child protection supervisors for local welfare agencies, each of whom has previous experience as a frontline child protection worker; new text end

new text begin (v) a current local welfare agency director who has previous experience as a frontline child protection worker or supervisor; new text end

new text begin (vi) two current child protection supervisors or directors for Tribal child welfare agencies, each of whom has previous experience as a frontline child protection worker or supervisor; new text end

new text begin (vii) a county or Tribal public health worker; and new text end

new text begin (viii) a member representing law enforcement. new text end

new text begin (c) The governor shall designate one member as chair of the panel from the members listed in paragraph (b), clauses (6) and (7). new text end

new text begin (d) Members of the panel shall serve terms of four years for an unlimited number of terms. A member of the panel may be removed by the appointing authority for the member. new text end

new text begin (e) The commissioner shall employ an executive director for the panel to: new text end

new text begin (1) provide administrative support to the panel and the chair, including providing the panel with critical incident notices submitted by local welfare agencies; new text end

new text begin (2) compile and synthesize information for the panel; new text end

new text begin (3) draft recommendations and reports for the panel's final approval; and new text end

new text begin (4) conduct or otherwise direct training and consultation under subdivision 7. new text end

new text begin Subd. 4. new text end

new text begin Critical incident review process. new text end

new text begin (a) A local welfare agency that has determined that maltreatment was the cause of or a contributing factor in a critical incident must notify the commissioner and the executive director of the panel within three business days of making the determination. new text end

new text begin (b) The panel shall conduct a joint review with the local review team for: new text end

new text begin (1) any critical incident relating to a family, child, or caregiver involved in a local welfare agency family assessment or investigation within the 12 months preceding the critical incident; new text end

new text begin (2) a critical incident the governor or commissioner directs the panel to review; and new text end

new text begin (3) any other critical incident the panel chooses for review. new text end

new text begin (c) The local review team must review all critical incident cases not subject to joint review under paragraph (b). new text end

new text begin (d) Within 120 days of initiating a joint review or local review of a critical incident, except as provided under paragraph (h), the panel or local review team shall complete the joint review or local review and compile a report. The report must include any systemic learnings that may increase child safety and well-being, and may include policy or practice considerations for systems changes that may improve child well-being and safety. new text end

new text begin (e) A local review team must provide its report following a local review to the panel within three business days after the report is complete. After receiving the local review team report, the panel may conduct a further joint review. new text end

new text begin (f) Following the panel's joint review or after receiving a local review team report, the panel may make recommendations to any state or local agency, branch of government, or system partner to improve child safety and well-being. new text end

new text begin (g) The commissioner shall conduct additional information gathering as requested by the panel or the local review team. The commissioner must conduct information gathering for all cases for which the panel requests assistance. The commissioner shall compile a summary report for each critical incident for which information gathering is conducted and provide the report to the panel and the local welfare agency that reported the critical incident. new text end

new text begin (h) If the panel or local review team requests information gathering from the commissioner, the panel or local review team may conduct the joint review or local review and compile its report under paragraph (d) after receiving the commissioner's summary information-gathering report. The timeline for a local or joint review under paragraph (d) may be extended if the panel or local review team requests additional information gathering to complete their review. If the local review team extends the timeline for its review and report, the local welfare agency must notify the executive director of the panel of the extension and the expected completion date. new text end

new text begin (i) The review of any critical incident shall proceed as specified in this section, regardless of the status of any pending litigation or other active investigation. new text end

new text begin Subd. 5. new text end

new text begin Critical incident reviews; data practices and immunity. new text end

new text begin (a) In conducting reviews, the panel, the local review team, and the commissioner shall have access to not public data under chapter 13 maintained by state agencies, statewide systems, or political subdivisions that are related to the child's critical incident or circumstances surrounding the care of the child. The panel, the local review team, and the commissioner shall also have access to records of private hospitals as necessary to carry out the duties prescribed by this section. A state agency, statewide system, or political subdivision shall provide the data upon request from the commissioner. Not public data may be shared with members of the panel, a local review team, or the commissioner in connection with an individual case. new text end

new text begin (b) Notwithstanding the data's classification in the possession of any other agency, data acquired by a local review team, the panel, or the commissioner in the exercise of their duties are protected nonpublic or confidential data as defined in section 13.02 but may be disclosed as necessary to carry out the duties of the review team, panel, or commissioner. The data are not subject to subpoena or discovery. new text end

new text begin (c) The commissioner shall disclose information regarding a critical incident upon request but shall not disclose data that was classified as confidential or private data on decedents under section 13.10 or private, confidential, or protected nonpublic data in the disseminating agency, except that the commissioner may disclose local social service agency data as provided in section 260E.35 on individual cases involving a critical incident with a person served by the local social service agency prior to the date of the critical incident. new text end

new text begin (d) A person attending a local review team or child mortality review panel meeting shall not disclose what transpired at the meeting except to carry out the purposes of the local review team or panel. The commissioner shall not disclose what transpired during its information-gathering process except to carry out the duties of the commissioner. The proceedings and records of the local review team, the panel, and the commissioner are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the local review team, the panel, or the commissioner. new text end

new text begin (e) A person who presented information before the local review team, the panel, or the commissioner or who is a member of the local review team or the panel, or an employee conducting information gathering as designated by the commissioner, shall not be prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's presentation of information to the local review team, the panel, or the commissioner, or about the information reviewed or discussed during a critical incident review or the information-gathering process, any conclusions drawn or recommendations made related to information gathering or a critical incident review, or opinions formed by the person as a result of the panel or review team meetings. new text end

new text begin (f) A person who presented information before the local review team, the panel, or the commissioner, or who is a member of the local review team or the panel, or an employee conducting information gathering as designated by the commissioner, is immune from any civil or criminal liability that might otherwise result from the person's presentation or statements if the person was acting in good faith and assisting with information gathering or in a critical incident review under this section. new text end

new text begin Subd. 6. new text end

new text begin Child mortality review panel; annual report. new text end

new text begin Beginning December 15, 2026, and on or before December 15 annually thereafter, the commissioner shall publish a report of the child mortality review panel. The report shall include but not be limited to de-identified summary data on the number of critical incidents reported to the panel, the number of critical incidents reviewed by the panel and local review teams, and systemic learnings identified by the panel or local review teams during the period covered by the report. The report shall also include recommendations on improving the child protection system, including modifications to statutes, rules, policies, and procedures. The panel may make recommendations to the legislature or any state or local agency at any time, outside of its annual report. new text end

new text begin Subd. 7. new text end

new text begin Local welfare agency critical incident review training. new text end

new text begin The commissioner shall provide training and support to local review teams and the panel to assist with local or joint review processes and procedures. The commissioner shall also provide consultation to local review teams and the panel conducting local or joint reviews pursuant to this section. new text end

new text begin Subd. 8. new text end

new text begin Culture of learning and improvement. new text end

new text begin The local review teams and panel shall advance and support a culture of learning and improvement within Minnesota's child welfare system. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

Sec. 28.

Minnesota Statutes 2023 Supplement, section 518A.42, subdivision 3, is amended to read:

Subd. 3.

Exception.

(a) deleted text begin This section deleted text end new text begin The minimum basic support amount under subdivision 2 new text end does not apply to an obligor who is incarcerated deleted text begin or is a recipient of a general assistance grant, Supplemental Security Income, temporary assistance for needy families (TANF) grant, or comparable state-funded Minnesota family investment program (MFIP) benefits deleted text end .

new text begin (b) The minimum basic support amount under subdivision 2 does not apply to an obligor who is a recipient of: new text end

new text begin (1) a general assistance grant; new text end

new text begin (2) Supplemental Security Income; new text end

new text begin (3) a Temporary Assistance for Needy Families (TANF) grant; or new text end

new text begin (4) comparable state-funded Minnesota family investment program (MFIP) benefits. new text end

deleted text begin (b) deleted text end new text begin (c) new text end If the court finds the obligor receives no income and completely lacks the ability to earn income, the minimum basic support amount under deleted text begin this deleted text end subdivision new text begin 2 new text end does not apply.

deleted text begin (c) deleted text end new text begin (d) new text end If the obligor's basic support amount is reduced below the minimum basic support amount due to the application of the parenting expense adjustment, the minimum basic support amount under deleted text begin this deleted text end subdivision new text begin 2 new text end does not apply and the lesser amount is the guideline basic support.

Sec. 29.

Laws 2023, chapter 70, article 14, section 42, subdivision 6, is amended to read:

Subd. 6.

Community Resource Center Advisory Council; establishment and duties.

(a) The commissioner, in consultation with other relevant state agencies, shall appoint members to the Community Resource Center Advisory Council.

(b) Membership must be demographically and geographically diverse and include:

(1) parents and family members with lived experience who lack opportunities;

(2) community-based organizations serving families who lack opportunities;

(3) Tribal and urban American Indian representatives;

(4) county government representatives;

(5) school and school district representatives; and

(6) state partner representatives.

(c) Duties of the Community Resource Center Advisory Council include but are not limited to:

(1) advising the commissioner on the development and funding of a network of community resource centers;

(2) advising the commissioner on the development of requests for proposals and grant award processes;

(3) advising the commissioner on the development of program outcomes and accountability measures; and

(4) advising the commissioner on ongoing governance and necessary support in the implementation of community resource centers.

new text begin (d) Compensation for members of the Community Resource Center Advisory Council is governed by Minnesota Statutes, section 15.0575, except that a public member may be compensated at the rate of up to $125 per day. new text end

new text begin (e) A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term. new text end

Sec. 30.

new text begin SUPREME COURT COUNCIL ON CHILD PROTECTION AND MALTREATMENT PREVENTION. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The chief justice of the supreme court is invited to establish a Supreme Court Council on Child Protection and Maltreatment Prevention as part of Minnesota's Court Improvement Program, the Children's Justice Initiative, authorized under Public Law 116-260, Division CC, title III, section 305, of the Consolidated Appropriations Act of 2021, to develop a comprehensive blueprint to improve Minnesota's child protection system and prevent unnecessary entry of children and families into the system. new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The council must consist of the following members: new text end

new text begin (1) the chief justice of the supreme court or a designee; new text end

new text begin (2) the commissioner of children, youth, and families, or a designee; new text end

new text begin (3) members representing Indian Tribes, including Tribal courts, appointed by the executive board of the Minnesota Indian Affairs Council; new text end

new text begin (4) peace officers as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c); state and local community corrections probation, parole, and supervised release agents; and other criminal justice professionals with substantial experience responding to reports of child maltreatment and working with minors who have had contact with the criminal justice system, appointed by the chief justice of the supreme court; new text end

new text begin (5) professionals with experience providing child maltreatment prevention services, child protective services, foster care, adoption services, and postpermanency services, appointed by the chief justice of the supreme court; new text end

new text begin (6) legal professionals and guardians ad litem, including Indian Child Welfare Act guardians ad litem, with significant experience in juvenile protection matters, appointed by the chief justice of the supreme court; new text end

new text begin (7) educational professionals, including professionals with experience in early childhood education and providing educational services to children with disabilities, appointed by the chief justice of the supreme court; new text end

new text begin (8) professionals from nonprofit community organizations with experience providing services and supports to children, parents, and relatives involved in or at risk of involvement in child maltreatment and juvenile protection matters, appointed by the chief justice of the supreme court; new text end

new text begin (9) professionals with expertise on historical and generational trauma, systemic racism, adverse childhood experiences, and the long-term impacts of child protection system involvement on children, families, and communities historically overrepresented in the system, appointed by the chief justice of the supreme court; new text end

new text begin (10) professionals with expertise providing services to persons with disabilities involved with the child protection system, appointed by the chief justice of the supreme court; new text end

new text begin (11) persons with lived experience as a parent involved with the child protection system, appointed by the chief justice of the supreme court; new text end

new text begin (12) one or more persons age 18 or older with lived experience as a child involved with the child protection system, appointed by the chief justice of the supreme court; and new text end

new text begin (13) professionals with expertise on preventing child protection system involvement, including expertise on the impact of generational and situational poverty on children and child protection system involvement, appointed by the chief justice of the supreme court. new text end

new text begin (b) A member may satisfy more than one category of experience or expertise identified in paragraph (a). new text end

new text begin Subd. 3. new text end

new text begin Organization and administration. new text end

new text begin (a) The council is governed by Minnesota Statutes, section 15.059, except that subdivision 6 does not apply. The state court administrator must provide the council with staff support, office and meeting space, and access to office equipment and services. new text end

new text begin (b) Council members serve at the pleasure of the appointing authority. The chief justice of the supreme court must select a chair from among the members. The council may select other officers, subcommittees, and work groups as it deems necessary. new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin (a) The council must meet at the call of the chair. new text end

new text begin (b) The chair must convene the council's first meeting, which must occur by September 15, 2024. new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The council must develop a comprehensive blueprint for improvement that addresses all aspects of the child protection system, including prevention and early intervention, by: new text end

new text begin (1) reviewing policies, laws, practices, latest research, and data related to children in the child protection system; new text end

new text begin (2) gathering information through surveys or focus groups, including consultation with individuals who have lived experience with the child protection system, and reviews of evidence supporting federal guidance and research on the child protection system and maltreatment prevention; new text end

new text begin (3) reviewing research that evaluates the effects of child foster care placement and out-of-home placement on the safety, permanency, and well-being of children and that identifies and evaluates factors designed to ensure emotional and physical safety of children in the context of child placement and permanency dispositions, family preservation, and reunification; new text end

new text begin (4) making recommendations for changes in policies and law that are designed to improve outcomes for children and families in the child protection system or at risk of maltreatment; and new text end

new text begin (5) recognizing the inherent sovereignty of Tribal Nations and the unique political status of their children and families. new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin By July 15, 2025, the Supreme Court Council on Child Protection must submit a progress report on the council's duties under subdivision 5 to the governor, the chief justice of the supreme court, and the chairs and ranking minority members of the legislative committees with jurisdiction over child protection. By January 15, 2026, the council must submit its final report to the governor, the chief justice of the supreme court, and the chairs and ranking minority members of the legislative committees with jurisdiction over child protection, detailing the comprehensive blueprint developed under subdivision 5. new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The Supreme Court Council on Child Protection expires upon the submission of its final report under subdivision 6. new text end

Sec. 31.

new text begin DIRECTION TO COMMISSIONER; CHILD MALTREATMENT REPORTING SYSTEMS REVIEW AND RECOMMENDATIONS. new text end

new text begin The commissioner of children, youth, and families must review current child maltreatment reporting processes and systems in various states and evaluate the costs and benefits of each reviewed state's system. In consultation with stakeholders, including but not limited to counties, Tribes, and organizations with expertise in child maltreatment prevention and child protection, the commissioner must develop recommendations on implementing a statewide child abuse and neglect reporting system in Minnesota and outline the benefits, challenges, and costs of such a transition. By June 1, 2025, the commissioner must submit a report detailing the commissioner's recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over child protection. The commissioner must also publish the report on the department's website. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 32.

new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHILD WELFARE WORKFORCE SYSTEM IMPROVEMENTS. new text end

new text begin When designing, developing, and implementing a data-driven, federally compliant Comprehensive Child Welfare Information System, the commissioner of human services must ensure that the system can, at a minimum, do the following: new text end

new text begin (1) allow counties to track various financial information, including benefits received by counties on behalf of children in the child welfare system, and fees received by counties from parents with children in out-of-home placements; new text end

new text begin (2) provide the ombudspersons under Minnesota Statutes, section 257.0755, the ombudsperson for American Indian families under Minnesota Statutes, section 3.9215, and the ombudsperson for foster youth under Minnesota Statutes, section 260C.80, with case-by-case access to nonprivileged information necessary for the discharge of the ombudsperson's duties, including specific child protection case information, while protecting Tribal data sovereignty; new text end

new text begin (3) provide comprehensive statewide data reports; and new text end

new text begin (4) track demographic information about children in the child welfare system, including race, cultural and ethnic identity, disability status, and economic status. new text end

Sec. 33.

new text begin SUPPORTING RELATIVE CAREGIVER GRANTS. new text end

new text begin (a) The commissioner of children, youth, and families must award grants to eligible community-based nonprofit organizations to provide culturally competent supports to relative caregivers who are caring for relative children and connection to local and statewide resources. new text end

new text begin (b) Grant funds must be used to serve relative caregivers caring for children from communities that are disproportionately overrepresented in the child welfare system based on available data, as determined by the commissioner. new text end

new text begin (c) Grant funds may be used to assess relative caregiver and child needs, provide connection to local and statewide culturally competent resources, and provide culturally competent case management to assist with complex cases. Grant funds may also be used to provide culturally competent supports to reduce the need for child welfare involvement or risk of child welfare involvement and increase family stability by preventing nonrelative foster care placement. new text end

new text begin (d) For purposes of this section, "relative" has the meaning given in Minnesota Statutes, section 260C.007, subdivision 27. new text end

Sec. 34.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section 260E.03, in alphabetical order except for subdivision 1 and correct any cross-reference changes that result. new text end

Sec. 35.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 256.01, subdivisions 12 and 12a, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9560.0232, subpart 5, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025. new text end

ARTICLE 13

ECONOMIC SUPPORTS

Section 1.

new text begin [142F.103] CAMPUS-BASED EMPLOYMENT AND TRAINING PROGRAM FOR STUDENTS ENROLLED IN HIGHER EDUCATION. new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin (a) Within six months of the effective date of this section, the Board of Trustees of Minnesota State Colleges and Universities must, and the Board of Regents of the University of Minnesota is requested to, submit an application to the commissioner of human services verifying whether each of its institutions meets the requirements to be a campus-based employment and training program that qualifies for the student exemption for Supplemental Nutrition Assistance Program (SNAP) eligibility, as described in the Code of Federal Regulations, title 7, section 273.5(b)(11)(iv). new text end

new text begin (b) An institution of higher education must be designated as a campus-based employment and training program by the commissioner of human services if that institution meets the requirements set forth in the guidance under subdivision 3. The commissioner of human services must maintain a list of approved programs on its website. new text end

new text begin Subd. 2. new text end

new text begin Student eligibility. new text end

new text begin A student is eligible to participate in a campus-based employment and training program under this section if the student is enrolled in: new text end

new text begin (1) a public two-year community or technical college and received a state grant under section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less; new text end

new text begin (2) a Tribal college as defined in section 136A.62 and received a state grant under section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less; or new text end

new text begin (3) a public four-year university and received a state grant under section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less. new text end

new text begin Subd. 3. new text end

new text begin Guidance. new text end

new text begin Within three months of the effective date of this section and annually thereafter, the commissioner of human services, in consultation with the commissioner of higher education, must issue guidance to counties, Tribal Nations, Tribal colleges, and Minnesota public postsecondary institutions that: new text end

new text begin (1) clarifies the state and federal eligibility requirements for campus-based employment and training programs for low-income households; new text end

new text begin (2) clarifies the application process for campus-based employment and training programs for low-income households including but not limited to providing a list of the supporting documents required for program approval; new text end

new text begin (3) clarifies how students in an institution of higher education approved as a campus-based employment and training program for low-income households qualify for a SNAP student exemption; and new text end

new text begin (4) clarifies the SNAP eligibility criteria for students that qualify for a SNAP student exemption under this section. new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin Within three months of the effective date of this section, the commissioner of human services, in consultation with the commissioner of higher education, must design an application for institutions of higher education to apply for a campus-based employment and training program designation. new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin At the beginning of each academic semester, an institution of higher education with a designated campus-based employment and training program must send a letter to students eligible under this section to inform them that they may qualify for SNAP benefits and direct them to resources to apply. The letter under this subdivision shall serve as proof of a student's enrollment in a campus-based employment and training program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner of human services must notify the revisor of statutes when federal approval is obtained. new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 256E.35, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and Applied Technology Education Act), which is located within any state, as defined in United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the extent section 2302 is in effect on August 1, 2008.

(c) "Family asset account" means a savings account opened by a household participating in the Minnesota family assets for independence initiative.

(d) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union;

(3) a women-oriented economic development agency;

(4) a federally recognized Tribal Nation; or

(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue Code.

(e) "Financial coach" means a person who:

(1) has completed an intensive financial literacy training workshop that includes curriculum on budgeting to increase savings, debt reduction and asset building, building a good credit rating, and consumer protection;

(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM) network training meetings under FAIM program supervision; and

(3) provides financial coaching to program participants under subdivision 4a.

(f) "Financial institution" means a bank, bank and trust, savings bank, savings association, or credit union, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(g) "Household" means all individuals who share new text begin finances and new text end use of a dwelling unit as primary quarters for living and eating separate from other individuals. new text begin Sharing finances does not include situations in which a person is living in the same dwelling unit as others without sharing any other financial arrangements. new text end

(h) "Permissible use" means:

(1) postsecondary educational expenses at an eligible educational institution as defined in paragraph (b), including books, supplies, and equipment required for courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment, working capital, and inventory expenses of a legitimate business pursuant to a business plan approved by the fiduciary organization;

(4) acquisition costs of a principal residence within the meaning of section 1034 of the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase price applicable to the residence determined according to section 143(e)(2) and (3) of the Internal Revenue Code of 1986;

(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization;

(6) contributions to an emergency savings account; and

(7) contributions to a Minnesota 529 savings plan.

Sec. 3.

Minnesota Statutes 2022, section 256E.35, subdivision 5, is amended to read:

Subd. 5.

Household eligibility; participation.

(a) To be eligible for deleted text begin state or TANF matching funds in deleted text end the family assets for independence initiative, a household must deleted text begin meet the eligibility requirements of the federal Assets for Independence Act, Public Law 105-285, in Title IV, section 408 of that act deleted text end new text begin have maximum income that is equal to or less than the greater of: new text end

new text begin (1) 50 percent of the area median income as determined by the United States Department of Housing and Urban Development; or new text end

new text begin (2) 200 percent of the federal poverty guidelines new text end .

new text begin (b) To be eligible for state matching funds under this section, a household must meet the requirements of this section. new text end

deleted text begin (b) deleted text end new text begin (c) new text end Each participating household must sign a family asset agreement that includes the amount of scheduled deposits into its savings account, the proposed use, and the proposed savings goal. A participating household must agree to complete an economic literacy training program.

deleted text begin (c) deleted text end new text begin (d) new text end Participating households may only deposit money that is derived from household earned income or from state and federal income tax credits.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 256E.38, subdivision 4, is amended to read:

Subd. 4.

Eligible uses of grant money.

An eligible applicant that receives grant money under this section shall use the money to purchase diapers and wipes and may use up to deleted text begin four deleted text end new text begin ten new text end percent of the money for administrative costs.

Sec. 5.

new text begin TRANSFER TO DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES. new text end

new text begin The responsibilities for the campus-based employment and training program for students enrolled in higher education under Minnesota Statutes, section 142F.103, must transfer from the commissioner of human services to the commissioner of children, youth, and families. Minnesota Statutes, section 142F.103, is incorporated into the transfer of duties and responsibilities in Laws 2023, chapter 70, article 12, section 30, and the commissioner shall give the notices of when the transfer is effective as required by Laws 2023, chapter 70, article 12, section 30, subdivision 1. new text end

ARTICLE 14

HOUSING AND HOMELESSNESS

Section 1.

new text begin EMERGENCY SHELTER NEEDS ANALYSIS FOR TRANSGENDER ADULTS EXPERIENCING HOMELESSNESS. new text end

new text begin (a) The commissioner of human services must contract with Propel Nonprofits to conduct a needs analysis for emergency shelter serving transgender adults experiencing homelessness and to conduct site analysis and develop a plan for building the emergency shelter. Propel Nonprofits may contract or consult with other vendors or entities as necessary to complete any portion of the needs analysis and site analysis. new text end

new text begin (b) No later than March 1, 2025, Propel Nonprofits must submit a written report to the commissioner with the results of the needs analysis and preliminary recommendations for site locations. The commissioner must submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over services for persons experiencing homelessness within five business days of receiving the report. new text end

Sec. 2.

new text begin PREGNANT AND PARENTING HOMELESS YOUTH STUDY. new text end

new text begin (a) The commissioner of human services must contract with the Wilder Foundation to conduct a study of: new text end

new text begin (1) the statewide numbers and unique needs of pregnant and parenting youth experiencing homelessness; and new text end

new text begin (2) best practices in supporting pregnant and parenting homeless youth within programming, emergency shelter, and housing settings. new text end

new text begin (b) The Wilder Foundation must submit a final report to the commissioner by December 31, 2025. The commissioner shall submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over homeless youth services finance and policy. new text end

Sec. 3.

new text begin REVIVAL AND REENACTMENT. new text end

new text begin Minnesota Statutes 2022, section 256B.051, subdivision 7, is revived and reenacted effective retroactively from August 1, 2023. Any time frames within or dependent on the subdivision are based on the original effective date in Laws 2017, First Special Session chapter 6, article 2, section 10. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

new text begin REPEALER. new text end

new text begin Laws 2023, chapter 25, section 190, subdivision 10, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

ARTICLE 15

CHILD CARE LICENSING

Section 1.

new text begin [142B.171] CHILD CARE WEIGHTED RISK SYSTEM. new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

new text begin The commissioner shall develop and implement a child care weighted risk system that provides a tiered licensing enforcement framework for child care licensing requirements in this chapter or Minnesota Rules, chapter 9502 or 9503. new text end

new text begin Subd. 2. new text end

new text begin Documented technical assistance. new text end

new text begin (a) In lieu of a correction order under section 142B.16, the commissioner shall provide documented technical assistance to a family child care or child care center license holder if the commissioner finds that: new text end

new text begin (1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined by the child care weighted risk system; new text end

new text begin (2) the noncompliance does not imminently endanger the health, safety, or rights of the persons served by the program; and new text end

new text begin (3) the license holder did not receive documented technical assistance or a correction order for the same violation at the license holder's most recent annual licensing inspection. new text end

new text begin (b) Documented technical assistance must include communication from the commissioner to the license holder that: new text end

new text begin (1) states the conditions that constitute a violation of a law or rule; new text end

new text begin (2) references the specific law or rule violated; and new text end

new text begin (3) explains remedies for correcting the violation. new text end

new text begin (c) The commissioner shall not publicly publish documented technical assistance on the department's website. new text end

Sec. 2.

Minnesota Statutes 2022, section 245A.065, is amended to read:

245A.065 CHILD CARE FIX-IT TICKET.

new text begin Subdivision 1. new text end

new text begin Fix-it ticket. new text end

(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a fix-it ticket to a family child care or child care center license holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it ticket;

(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;

(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated; and

(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it ticket, the license holder must correct the violation and within one week submit evidence to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 245A.06.

new text begin Subd. 2. new text end

new text begin Expiration. new text end

new text begin This section expires upon the implementation of the child care weighted risk system in section 142B.171. The commissioner of children, youth, and families shall notify the revisor of statutes when the system has been implemented. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 245A.50, subdivision 3, is amended to read:

Subd. 3.

First aid.

(a) Before initial licensure and before caring for a child, license holders, second adult caregivers, and substitutes must be trained in pediatric first aid. The first aid training must have been provided by an individual approved to provide first aid instruction. First aid training may be less than eight hours and persons qualified to provide first aid training include individuals approved as first aid instructors. License holders, second adult caregivers, and substitutes must repeat pediatric first aid training every two years new text begin within 90 days of the date the training was previously taken new text end . deleted text begin License holders, second adult caregivers, and substitutes must not let the training expire. deleted text end

(b) Video training reviewed and approved by the county licensing agency satisfies the training requirement of this subdivision.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 245A.50, subdivision 4, is amended to read:

Subd. 4.

Cardiopulmonary resuscitation.

(a) Before initial licensure and before caring for a child, license holders, second adult caregivers, and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and children, and in the treatment of obstructed airways. The CPR training must have been provided by an individual approved to provide CPR instruction. License holders, second adult caregivers, and substitutes must repeat pediatric CPR training at least once every two years new text begin within 90 days of the date the training was previously taken, new text end and new text begin the training new text end must deleted text begin document the training deleted text end new text begin be documented new text end in the license holder's records. deleted text begin License holders, second adult caregivers, and substitutes must not let the training expire. deleted text end

(b) Persons providing CPR training must use CPR training that has been developed:

(1) by the American Heart Association or the American Red Cross and incorporates psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR training and incorporates psychomotor skills to support the instruction.

ARTICLE 16

DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

Section 1.

Minnesota Statutes 2022, section 125A.63, subdivision 5, is amended to read:

Subd. 5.

Statewide hearing loss early education intervention coordinator.

(a) The coordinator shall:

(1) collaborate with the early hearing detection and intervention coordinator for the Department of Health, deaf and hard-of-hearing state specialist, and the Department of Health Early Hearing Detection and Intervention Advisory Council;

(2) coordinate and support Department of Education new text begin and Department of Children, Youth, and Families new text end early hearing detection and intervention teams;

(3) leverage resources by serving as a liaison between interagency early intervention committees; part C coordinators from the Departments of Education, Health, and Human Services; Department of Education regional low-incidence facilitators; service coordinators from school districts; Minnesota children with special health needs in the Department of Health; public health nurses; child find; Department of Human Services Deaf and Hard-of-Hearing Services Division; and others as appropriate;

(4) identify, support, and promote culturally appropriate and evidence-based early intervention practices for infants with hearing loss, and provide training, outreach, and use of technology to increase consistency in statewide service provision;

(5) identify culturally appropriate specialized reliable and valid instruments to assess and track the progress of children with hearing loss and promote their use;

(6) ensure that early childhood providers, parents, and members of the individual family service and intervention plan are provided with child progress data resulting from specialized assessments;

(7) educate early childhood providers and teachers of the deaf and hard-of-hearing to use developmental data from specialized assessments to plan and adjust individual family service plans; and

(8) make recommendations that would improve educational outcomes to the early hearing detection and intervention committee, the commissioners of education new text begin ; children, youth, and families; new text end and health, the Commission of the Deaf, DeafBlind and Hard of Hearing, and the advisory council for the deaf and hard-of-hearing.

(b) The Department of Education new text begin and Department of Children, Youth, and Families new text end must provide aggregate data regarding outcomes of deaf and hard-of-hearing children who receive early intervention services within the state in accordance with the state performance plan.

Sec. 2.

new text begin [142A.045] CHILDREN, YOUTH, AND FAMILIES INTERGOVERNMENTAL ADVISORY COMMITTEE. new text end

new text begin (a) An intergovernmental advisory committee is established to provide advice, consultation, and recommendations to the commissioner on the planning, design, administration, funding, and evaluation of services to children, youth, and families. Each of Minnesota's federally recognized Tribal Nations may, but is not required to, participate in the advisory committee required under this section. Notwithstanding section 15.059, the commissioner, each participating Tribal Nation, the Association of Minnesota Counties, and the Minnesota Association of County Social Services Administrators must codevelop and execute a process to administer the committee that ensures each participating Tribal Nation and each county are represented. The committee must meet at least quarterly and special meetings may be called by the committee chair or a majority of the members. A Tribal Nation may elect to participate at any time. new text end

new text begin (b) Subject to section 15.059, the commissioner may reimburse committee members or their alternates for allowable expenses while engaged in their official duties as committee members. new text end

new text begin (c) Notwithstanding section 15.059, the intergovernmental advisory committee does not expire. new text end

new text begin (d) In addition to the requirements under this section, the commissioner must implement a Tribal consultation process under section 10.65 to ensure recognition of the unique legal relationship between the state of Minnesota and Minnesota Tribal governments. new text end

Sec. 3.

new text begin [142B.47] TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS. new text end

new text begin (a) Licensed child foster care providers that care for infants or children through five years of age must document that before caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 142B.46 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 142B.06. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as: new text end

new text begin (1) orientation training to child foster care providers who care for infants or children through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or new text end

new text begin (2) in-service training to child foster care providers who care for infants or children through five years of age under Minnesota Rules, part 2960.3070, subpart 2. new text end

new text begin (b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma. new text end

new text begin (c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 142B.30. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070. new text end

Sec. 4.

Minnesota Statutes 2022, section 144.966, subdivision 2, is amended to read:

Subd. 2.

Newborn Hearing Screening Advisory Committee.

(a) The commissioner of health shall establish a Newborn Hearing Screening Advisory Committee to advise and assist the Department of Health new text begin ; Department of Children, Youth, and Families; new text end and the Department of Education in:

(1) developing protocols and timelines for screening, rescreening, and diagnostic audiological assessment and early medical, audiological, and educational intervention services for children who are deaf or hard-of-hearing;

(2) designing protocols for tracking children from birth through age three that may have passed newborn screening but are at risk for delayed or late onset of permanent hearing loss;

(3) designing a technical assistance program to support facilities implementing the screening program and facilities conducting rescreening and diagnostic audiological assessment;

(4) designing implementation and evaluation of a system of follow-up and tracking; and

(5) evaluating program outcomes to increase effectiveness and efficiency and ensure culturally appropriate services for children with a confirmed hearing loss and their families.

(b) The commissioner of health shall appoint at least one member from each of the following groups with no less than two of the members being deaf or hard-of-hearing:

(1) a representative from a consumer organization representing culturally deaf persons;

(2) a parent with a child with hearing loss representing a parent organization;

(3) a consumer from an organization representing oral communication options;

(4) a consumer from an organization representing cued speech communication options;

(5) an audiologist who has experience in evaluation and intervention of infants and young children;

(6) a speech-language pathologist who has experience in evaluation and intervention of infants and young children;

(7) two primary care providers who have experience in the care of infants and young children, one of which shall be a pediatrician;

(8) a representative from the early hearing detection intervention teams;

(9) a representative from the Department of Education resource center for the deaf and hard-of-hearing or the representative's designee;

(10) a representative of the Commission of the Deaf, DeafBlind and Hard of Hearing;

(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing Services Division;

(12) one or more of the Part C coordinators from the Department of Education deleted text begin , deleted text end new text begin ; new text end the Department of Health deleted text begin , deleted text end new text begin ; the Department of Children, Youth, and Families; new text end or the Department of Human Services or the department's designees;

(13) the Department of Health early hearing detection and intervention coordinators;

(14) two birth hospital representatives from one rural and one urban hospital;

(15) a pediatric geneticist;

(16) an otolaryngologist;

(17) a representative from the Newborn Screening Advisory Committee under this subdivision;

(18) a representative of the Department of Education regional low-incidence facilitators;

(19) a representative from the deaf mentor program; and

(20) a representative of the Minnesota State Academy for the Deaf from the Minnesota State Academies staff.

The commissioner must complete the initial appointments required under this subdivision by September 1, 2007, and the initial appointments under clauses (19) and (20) by September 1, 2019.

(c) The Department of Health member shall chair the first meeting of the committee. At the first meeting, the committee shall elect a chair from its membership. The committee shall meet at the call of the chair, at least four times a year. The committee shall adopt written bylaws to govern its activities. The Department of Health shall provide technical and administrative support services as required by the committee. These services shall include technical support from individuals qualified to administer infant hearing screening, rescreening, and diagnostic audiological assessments.

Members of the committee shall receive no compensation for their service, but shall be reimbursed as provided in section 15.059 for expenses incurred as a result of their duties as members of the committee.

(d) By February 15, 2015, and by February 15 of the odd-numbered years after that date, the commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and data privacy on the activities of the committee that have occurred during the past two years.

(e) This subdivision expires June 30, 2025.

Sec. 5.

Minnesota Statutes 2022, section 245.975, subdivision 2, is amended to read:

Subd. 2.

Duties.

(a) The ombudsperson's duties shall include:

(1) advocating on behalf of a family child care provider to address all areas of concern related to the provision of child care services, including licensing monitoring activities, licensing actions, and other interactions with state and county licensing staff;

(2) providing recommendations for family child care improvement or family child care provider education;

(3) operating a telephone line to answer questions, receive complaints, and discuss agency actions when a family child care provider believes that the provider's rights or program may have been adversely affected; and

(4) assisting a family child care license applicant with navigating the application process.

(b) The ombudsperson must report annually by December 31 to the commissioner new text begin of children, youth, and families new text end and the chairs and ranking minority members of the legislative committees with jurisdiction over child care on the services provided by the ombudsperson to child care providers, including the number and locations of child care providers served and the activities of the ombudsperson in carrying out the duties under this section. The commissioner shall determine the form of the report and may specify additional reporting requirements.

Sec. 6.

Minnesota Statutes 2022, section 245.975, subdivision 4, is amended to read:

Subd. 4.

Access to records.

(a) The ombudsperson or designee, excluding volunteers, has access to any data of a state agency necessary for the discharge of the ombudsperson's duties, including records classified as confidential data on individuals or private data on individuals under chapter 13 or any other law. The ombudsperson's data request must relate to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the ombudsperson or designee shall first obtain the individual's consent. If the individual is unable to consent and has no parent or legal guardian, then the ombudsperson's or designee's access to the data is authorized by this section.

(b) The ombudsperson and designees must adhere to the Minnesota Government Data Practices Act and must not disseminate any private or confidential data on individuals unless specifically authorized by state, local, or federal law or pursuant to a court order.

(c) The commissioner new text begin of human services; the commissioner of children, youth, and families; new text end and any county agency must provide the ombudsperson copies of all fix-it tickets, correction orders, and licensing actions issued to family child care providers.

Sec. 7.

Minnesota Statutes 2022, section 245.975, subdivision 9, is amended to read:

Subd. 9.

Posting.

(a) The commissioner new text begin of children, youth, and families new text end shall post on the department's website the mailing address, email address, and telephone number for the office of the ombudsperson. The commissioner shall provide family child care providers with the mailing address, email address, and telephone number of the ombudsperson's office on the family child care licensing website and upon request of a family child care applicant or provider. Counties must provide family child care applicants and providers with the name, mailing address, email address, and telephone number of the ombudsperson's office upon request.

(b) The ombudsperson must approve all postings and notices required by the department and counties under this subdivision.

Sec. 8.

Minnesota Statutes 2022, section 245A.10, subdivision 1, as amended by Laws 2024, chapter 80, article 2, section 48, is amended to read:

Subdivision 1.

Application or license fee required, programs exempt from fee.

(a) Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of applications and inspection of programs which are licensed under this chapter.

(b) Except as provided under subdivision 2, no application or license fee shall be charged for new text begin a child foster residence setting, new text end adult foster care new text begin , new text end or a community residential setting.

Sec. 9.

Minnesota Statutes 2022, section 245A.10, subdivision 2, as amended by Laws 2024, chapter 80, article 2, section 49, is amended to read:

Subd. 2.

County fees for applications and licensing inspections.

(a) For purposes of adult foster care new text begin and child foster residence setting new text end licensing and licensing the physical plant of a community residential setting, under this chapter, a county agency may charge a fee to a corporate applicant or corporate license holder to recover the actual cost of licensing inspections, not to exceed $500 annually.

(b) Counties may elect to reduce or waive the fees in paragraph (a) under the following circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Sec. 10.

Minnesota Statutes 2022, section 245A.144, is amended to read:

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons deleted text begin and caregivers deleted text end assist in the care of infants or children through five years of age, they are instructed on the standards in section deleted text begin 245A.1435 deleted text end new text begin 142B.46 new text end and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. deleted text begin This section does not apply to emergency relative placement under section 245A.035. deleted text end The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.

(c) Training for child foster care providers must be approved by the county deleted text begin or private licensing agency deleted text end that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 1, as amended by Laws 2024, chapter 80, article 2, section 65, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies that have been designated by the commissioner to perform licensing functions and activities under section 245A.04; to recommend denial of applicants under section 245A.05; to issue correction orders, to issue variances, and recommend a conditional license under section 245A.06; or to recommend suspending or revoking a license or issuing a fine under section 245A.07, shall comply with rules and directives of the commissioner governing those functions and with this section. The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:

(1) deleted text begin dual licensure of family child foster care and family adult foster care, deleted text end dual licensure of child foster residence setting and community residential setting deleted text begin , and dual licensure of family adult foster care and family child care deleted text end ;

(2) new text begin until the responsibility for family child foster care transfers to the commissioner of children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of family child foster care and family adult foster care; new text end

new text begin (3) until the responsibility for family child care transfers to the commissioner of children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of family adult foster care and family child care; new text end

new text begin (4) new text end adult foster care maximum capacity;

deleted text begin (3) deleted text end new text begin (5) new text end adult foster care minimum age requirement;

deleted text begin (4) deleted text end new text begin (6) new text end child foster care maximum age requirement;

deleted text begin (5) deleted text end new text begin (7) new text end variances regarding disqualified individuals;

deleted text begin (6) deleted text end new text begin (8) new text end the required presence of a caregiver in the adult foster care residence during normal sleeping hours;

deleted text begin (7) deleted text end new text begin (9) new text end variances to requirements relating to chemical use problems of a license holder or a household member of a license holder; and

deleted text begin (8) deleted text end new text begin (10) new text end variances to section 142B.46 for the use of a cradleboard for a cultural accommodation.

new text begin (b) Once the respective responsibilities transfer from the commissioner of human services to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article 12, section 30, the commissioners of human services and children, youth, and families must both approve a variance for dual licensure of family child foster care and family adult foster care or family adult foster care and family child care. Variances under this paragraph are excluded from the delegation of variance authority and may be issued only by both commissioners. new text end

deleted text begin (b) deleted text end new text begin (c) new text end For family adult day services programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.

deleted text begin (c) deleted text end new text begin (d) new text end A license issued under this section may be issued for up to two years.

deleted text begin (d) deleted text end new text begin (e) new text end During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties through which some licensing duties under chapter 245D may be delegated by the commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective action plan ordered by the federal Centers for Medicare and Medicaid Services.

deleted text begin (e) deleted text end new text begin (f) new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, for family child foster care programs providing out-of-home respite, as identified in section 245D.03, subdivision 1, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies.

Sec. 12.

Minnesota Statutes 2022, section 245A.175, is amended to read:

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and deleted text begin caregivers in foster family and treatment foster care settings, deleted text end and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the deleted text begin foster family license holder and caregivers, and deleted text end foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. deleted text begin Short-term substitute caregivers are exempt from these requirements. deleted text end Training curriculum shall be approved by the commissioner of human services.

Sec. 13.

Minnesota Statutes 2023 Supplement, section 245A.66, subdivision 4, as amended by Laws 2024, chapter 80, article 2, section 73, is amended to read:

Subd. 4.

Ongoing training requirement.

new text begin (a) new text end In addition to the orientation training required by the applicable licensing rules and statutes, children's residential facility license holders must provide a training annually on the maltreatment of minors reporting requirements and definitions in chapter 260E to each mandatory reporter, as described in section 260E.06, subdivision 1.

new text begin (b) In addition to the orientation training required by the applicable licensing rules and statutes, all foster residence setting staff and volunteers that are mandatory reporters as described in section 260E.06, subdivision 1, must complete training each year on the maltreatment of minors reporting requirements and definitions in chapter 260E. new text end

Sec. 14.

Minnesota Statutes 2022, section 256.029, as amended by Laws 2024, chapter 80, article 1, section 66, is amended to read:

256.029 DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.

(a) The commissioner shall provide a domestic violence informational brochure that provides information about the existence of domestic violence waivers for eligible public assistance applicants to all applicants of general assistance, medical assistance, and MinnesotaCare. The brochure must explain that eligible applicants may be temporarily waived from certain program requirements due to domestic violence. The brochure must provide information about services and other programs to help victims of domestic violence.

(b) The brochure must be funded with TANF funds.

new text begin (c) The commissioner must work with the commissioner of children, youth, and families to create a brochure that meets the requirements of this section and section 142G.05. new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3, is amended to read:

Subd. 3.

Appropriations from registration and license fee account.

(a) The appropriations in paragraphs (b) to (n) shall be made from the registration and license fee account on a fiscal year basis in the order specified.

(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs (b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be made accordingly.

(c) $100,000 is appropriated to the commissioner of human services for grants for opiate antagonist distribution. Grantees may utilize funds for opioid overdose prevention, community asset mapping, education, and opiate antagonist distribution.

(d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal nations and five urban Indian communities for traditional healing practices for American Indians and to increase the capacity of culturally specific providers in the behavioral health workforce.

(e) $400,000 is appropriated to the commissioner of human services for competitive grants for opioid-focused Project ECHO programs.

(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the commissioner of human services to administer the funding distribution and reporting requirements in paragraph (o).

(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated to the commissioner of human services for safe recovery sites start-up and capacity building grants under section 254B.18.

(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to the commissioner of human services for the opioid overdose surge alert system under section 245.891.

(i) $300,000 is appropriated to the commissioner of management and budget for evaluation activities under section 256.042, subdivision 1, paragraph (c).

(j) $261,000 is appropriated to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraph (n).

(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration fees under section 151.066.

(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining amount is appropriated to the commissioner of deleted text begin human services deleted text end new text begin children, youth, and families new text end for distribution to county social service agencies and Tribal social service agency initiative projects authorized under section 256.01, subdivision 14b, to provide child protection services to children and families who are affected by addiction. The commissioner shall distribute this money proportionally to county social service agencies and Tribal social service agency initiative projects based on out-of-home placement episodes where parental drug abuse is the primary reason for the out-of-home placement using data from the previous calendar year. County social service agencies and Tribal social service agency initiative projects receiving funds from the opiate epidemic response fund must annually report to the commissioner on how the funds were used to provide child protection services, including measurable outcomes, as determined by the commissioner. County social service agencies and Tribal social service agency initiative projects must not use funds received under this paragraph to supplant current state or local funding received for child protection services for children and families who are affected by addiction.

(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in the account is appropriated to the commissioner of human services to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042, unless otherwise appropriated by the legislature.

(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service agencies and Tribal social service agency initiative projects under paragraph (m) and grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n) may be distributed on a calendar year basis.

(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs (c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

Sec. 16.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3a, is amended to read:

Subd. 3a.

Appropriations from settlement account.

(a) The appropriations in paragraphs (b) to (e) shall be made from the settlement account on a fiscal year basis in the order specified.

(b) If the balance in the registration and license fee account is not sufficient to fully fund the appropriations specified in subdivision 3, paragraphs (b) to (l), an amount necessary to meet any insufficiency shall be transferred from the settlement account to the registration and license fee account to fully fund the required appropriations.

(c) $209,000 in fiscal year 2023 and $239,000 in fiscal year 2024 and subsequent fiscal years are appropriated to the commissioner of human services for the administration of grants awarded under paragraph (e). $276,000 in fiscal year 2023 and $151,000 in fiscal year 2024 and subsequent fiscal years are appropriated to the commissioner of human services to collect, collate, and report data submitted and to monitor compliance with reporting and settlement expenditure requirements by grantees awarded grants under this section and municipalities receiving direct payments from a statewide opioid settlement agreement as defined in section 256.042, subdivision 6.

(d) After any appropriations necessary under paragraphs (b) and (c) are made, an amount equal to the calendar year allocation to Tribal social service agency initiative projects under subdivision 3, paragraph (m), is appropriated from the settlement account to the commissioner of deleted text begin human services deleted text end new text begin children, youth, and families new text end for distribution to Tribal social service agency initiative projects to provide child protection services to children and families who are affected by addiction. The requirements related to proportional distribution, annual reporting, and maintenance of effort specified in subdivision 3, paragraph (m), also apply to the appropriations made under this paragraph.

(e) After making the appropriations in paragraphs (b), (c), and (d), the remaining amount in the account is appropriated to the commissioner of human services to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042.

(f) Funds for Tribal social service agency initiative projects under paragraph (d) and grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph (e) may be distributed on a calendar year basis.

(g) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs (d) and (e) are available for three years after the funds are appropriated.

Sec. 17.

Minnesota Statutes 2023 Supplement, section 256.045, subdivision 3, as amended by Laws 2024, chapter 79, article 3, section 3, and Laws 2024, chapter 80, article 1, section 67, is amended to read:

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person:

(i) applying for, receiving or having received public assistance, medical care, or a program of social services administered by the commissioner or a county agency on behalf of the commissioner; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section 252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a lead investigative agency to have maltreated a vulnerable adult under section 626.557 after they have exercised their right to administrative reconsideration under section 626.557;

(5) any person to whom a right of appeal according to this section is given by other provision of law;

(6) an applicant aggrieved by an adverse decision to an application for a hardship waiver under section 256B.15;

(7) an applicant aggrieved by an adverse decision to an application or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

new text begin (8) except as provided under chapter 245A, an individual or facility determined to have maltreated a minor under chapter 260E, after the individual or facility has exercised the right to administrative reconsideration under chapter 260E; new text end

deleted text begin (8) deleted text end new text begin (9) new text end except as provided under chapter 245C deleted text begin and except for a subject of a background study that the commissioner has conducted on behalf of another agency for a program or facility not otherwise overseen by the commissioner deleted text end , an individual disqualified under sections 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, on the basis of serious or recurring maltreatment; a preponderance of the evidence that the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment determination under clause (4) or (8) deleted text begin or section 142A.20, subdivision 3, clause (4) deleted text end , and a disqualification under this clause in which the basis for a disqualification is serious or recurring maltreatment, shall be consolidated into a single fair hearing. In such cases, the scope of review by the human services judge shall include both the maltreatment determination and the disqualification. The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment;

deleted text begin (9) deleted text end new text begin (10) new text end any person with an outstanding debt resulting from receipt of public assistance administered by the commissioner or medical care who is contesting a setoff claim by the Department of Human Services or a county agency. The scope of the appeal is the validity of the claimant agency's intention to request a setoff of a refund under chapter 270A against the debt;

deleted text begin (10) deleted text end new text begin (11) new text end a person issued a notice of service termination under section 245D.10, subdivision 3a, by a licensed provider of any residential supports or services listed in section 245D.03, subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under subdivision 4a;

deleted text begin (11) deleted text end new text begin (12) new text end an individual disability waiver recipient based on a denial of a request for a rate exception under section 256B.4914;

deleted text begin (12) deleted text end new text begin (13) new text end a person issued a notice of service termination under section 245A.11, subdivision 11, that is not otherwise subject to appeal under subdivision 4a; or

deleted text begin (13) deleted text end new text begin (14) new text end a recovery community organization seeking medical assistance vendor eligibility under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation determination and that believes the organization meets the requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the human services judge shall be limited to whether the organization meets each of the requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).

(b) The hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is the only administrative appeal to the final agency determination specifically, including a challenge to the accuracy and completeness of data under section 13.04. Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a contested case proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), clause (8), apply only to incidents of maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is only available when there is no district court action pending. If such action is filed in district court while an administrative review is pending that arises out of some or all of the events or circumstances on which the appeal is based, the administrative review must be suspended until the judicial actions are completed. If the district court proceedings are completed, dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an administrative appeal.

new text begin (d) The scope of hearings involving claims to foster care payments under section 142A.20, subdivision 2, clause (2), shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision. new text end

deleted text begin (d) deleted text end new text begin (e) new text end The scope of hearings under paragraph (a), clauses (11) and (13), shall be limited to whether the proposed termination of services is authorized under section 245D.10, subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, paragraphs (d) and (e), were met. If the appeal includes a request for a temporary stay of termination of services, the scope of the hearing shall also include whether the case management provider has finalized arrangements for a residential facility, a program, or services that will meet the assessed needs of the recipient by the effective date of the service termination.

deleted text begin (e) deleted text end new text begin (f) new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.

deleted text begin (f) deleted text end new text begin (g) new text end An applicant or recipient is not entitled to receive social services beyond the services prescribed under chapter 256M or other social services the person is eligible for under state law.

deleted text begin (g) deleted text end new text begin (h) new text end The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law, except in matters covered by paragraph deleted text begin (h) deleted text end new text begin (i) new text end .

deleted text begin (h) deleted text end new text begin (i) new text end When the subject of an administrative review is a matter within the jurisdiction of the direct care and treatment executive board as a part of the board's powers and duties under chapter 246C, the executive board may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law.

deleted text begin (i) deleted text end new text begin (j) new text end Unless federal or Minnesota law specifies a different time frame in which to file an appeal, an individual or organization specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 13, why the request was not submitted within the 30-day time limit. The individual filing the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 18.

Minnesota Statutes 2022, section 256.045, subdivision 3b, as amended by Laws 2024, chapter 80, article 1, section 68, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services judge shall determine that maltreatment has occurred if a preponderance of evidence exists to support the final disposition under section 626.557 and chapter 260E. For purposes of hearings regarding disqualification, the state human services judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.557 or chapter 260E that is serious or recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.557 or chapter 260E, for incidents in which the final disposition under section 626.557 or chapter 260E was substantiated maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine whether the individual poses a risk of harm in accordance with the requirements of section 245C.22, and whether the disqualification should be set aside or not set aside. In determining whether the disqualification should be set aside, the human services judge shall consider all of the characteristics that cause the individual to be disqualified, including those characteristics that were not subject to review under paragraph (a), in order to determine whether the individual poses a risk of harm. A decision to set aside a disqualification that is the subject of the hearing constitutes a determination that the individual does not pose a risk of harm and that the individual may provide direct contact services in the individual program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason under section 245C.29, the disqualified individual does not have a right to a hearing under this section.

(d) The state human services judge shall recommend an order to the commissioner of health deleted text begin , deleted text end new text begin ; new text end education deleted text begin , deleted text end new text begin ; children, youth, and families; new text end or human services, as applicable, who shall issue a final order. The commissioner shall affirm, reverse, or modify the final disposition. Any order of the commissioner issued in accordance with this subdivision is conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the commissioner's determination as to maltreatment is conclusive, as provided under section 245C.29.

Sec. 19.

Minnesota Statutes 2022, section 256.045, subdivision 5, as amended by Laws 2024, chapter 79, article 3, section 4, is amended to read:

Subd. 5.

Orders of the commissioner of human services.

(a) Except as provided for under subdivision 5a for matters under the jurisdiction of the direct care and treatment executive board new text begin and for hearings held under section 142A.20, subdivision 2 new text end , a state human services judge shall conduct a hearing on the appeal and shall recommend an order to the commissioner of human services. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of the state or county agency's action. A human services judge may take official notice of adjudicative facts. The commissioner of human services may accept the recommended order of a state human services judge and issue the order to the county agency and the applicant, recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept the recommended order of the state human services judge, shall notify the petitioner, the agency, or prepaid health plan of that fact and shall state reasons therefor and shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the petitioner, the agency, or prepaid health plan.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision 7, or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and proposed additional evidence supporting the request. If proposed additional evidence is submitted, the person must explain why the proposed additional evidence was not provided at the time of the hearing. If reconsideration is granted, the other participants must be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order of the commissioner is binding on the parties and must be implemented by the state agency, a county agency, or a prepaid health plan according to subdivision 3a, until the order is reversed by the district court, or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision 10.

(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services is not a party and may not request a hearing or seek judicial review of an order issued under this section, unless assisting a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under subdivision 3a, but cannot seek judicial review of an order issued under this section.

Sec. 20.

Minnesota Statutes 2022, section 256.045, subdivision 7, as amended by Laws 2024, chapter 79, article 3, section 7, is amended to read:

Subd. 7.

Judicial review.

Except for a prepaid health plan, any party who is aggrieved by an order of the commissioner of human services deleted text begin , deleted text end new text begin ; new text end the commissioner of health new text begin ; or the commissioner of children, youth, and families new text end in appeals within the commissioner's jurisdiction under subdivision 3b deleted text begin , deleted text end new text begin ; new text end or the direct care and treatment executive board in appeals within the jurisdiction of the executive board under subdivision 5a may appeal the order to the district court of the county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county where the maltreatment occurred, by serving a written copy of a notice of appeal upon the applicable commissioner or executive board and any adverse party of record within 30 days after the date the commissioner or executive board issued the order, the amended order, or order affirming the original order, and by filing the original notice and proof of service with the court administrator of the district court. Service may be made personally or by mail; service by mail is complete upon mailing; no filing fee shall be required by the court administrator in appeals taken pursuant to this subdivision, with the exception of appeals taken under subdivision 3b. The applicable commissioner or executive board may elect to become a party to the proceedings in the district court. Except for appeals under subdivision 3b, any party may demand that the commissioner or executive board furnish all parties to the proceedings with a copy of the decision, and a transcript of any testimony, evidence, or other supporting papers from the hearing held before the human services judge, by serving a written demand upon the applicable commissioner or executive board within 30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse party to obey an order issued by the commissioner or executive board under subdivisions 5 or 5a may compel performance according to the order in the manner prescribed in sections 586.01 to 586.12.

Sec. 21.

Minnesota Statutes 2022, section 256.0451, subdivision 1, as amended by Laws 2024, chapter 80, article 1, section 72, is amended to read:

Subdivision 1.

Scope.

(a) The requirements in this section apply to all fair hearings and appeals under deleted text begin section deleted text end new text begin sections 142A.20, subdivision 2, and new text end 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6), (7), deleted text begin (8), (11) deleted text end new text begin (10) new text end , and deleted text begin (13) deleted text end new text begin (12) new text end . Except as provided in subdivisions 3 and 19, the requirements under this section apply to fair hearings and appeals under section 256.045, subdivision 3, paragraph (a), clauses (4), new text begin (8), new text end (9), deleted text begin (10), deleted text end and deleted text begin (12) deleted text end new text begin (11) new text end .

(b) For purposes of this section, "person" means an individual who, on behalf of themselves or their household, is appealing or disputing or challenging an action, a decision, or a failure to act, by an agency in the human services system. When a person involved in a proceeding under this section is represented by an attorney or by an authorized representative, the term "person" also means the person's attorney or authorized representative. Any notice sent to the person involved in the hearing must also be sent to the person's attorney or authorized representative.

(c) For purposes of this section, "agency" means the county human services agency, the state human services agency, and, where applicable, any entity involved under a contract, subcontract, grant, or subgrant with the state agency or with a county agency, that provides or operates programs or services in which appeals are governed by section 256.045.

Sec. 22.

Minnesota Statutes 2022, section 256.0451, subdivision 22, is amended to read:

Subd. 22.

Decisions.

A timely, written decision must be issued in every appeal. Each decision must contain a clear ruling on the issues presented in the appeal hearing and should contain a ruling only on questions directly presented by the appeal and the arguments raised in the appeal.

(a) A written decision must be issued within 90 days of the date the person involved requested the appeal unless a shorter time is required by law. An additional 30 days is provided in those cases where the commissioner refuses to accept the recommended decision. In appeals of maltreatment determinations or disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4), new text begin (8), or new text end (9), deleted text begin or (10), deleted text end that also give rise to possible licensing actions, the 90-day period for issuing final decisions does not begin until the later of the date that the licensing authority provides notice to the appeals division that the authority has made the final determination in the matter or the date the appellant files the last appeal in the consolidated matters.

(b) The decision must contain both findings of fact and conclusions of law, clearly separated and identified. The findings of fact must be based on the entire record. Each finding of fact made by the human services judge shall be supported by a preponderance of the evidence unless a different standard is required under the regulations of a particular program. The "preponderance of the evidence" means, in light of the record as a whole, the evidence leads the human services judge to believe that the finding of fact is more likely to be true than not true. The legal claims or arguments of a participant do not constitute either a finding of fact or a conclusion of law, except to the extent the human services judge adopts an argument as a finding of fact or conclusion of law.

The decision shall contain at least the following:

(1) a listing of the date and place of the hearing and the participants at the hearing;

(2) a clear and precise statement of the issues, including the dispute under consideration and the specific points which must be resolved in order to decide the case;

(3) a listing of the material, including exhibits, records, reports, placed into evidence at the hearing, and upon which the hearing decision is based;

(4) the findings of fact based upon the entire hearing record. The findings of fact must be adequate to inform the participants and any interested person in the public of the basis of the decision. If the evidence is in conflict on an issue which must be resolved, the findings of fact must state the reasoning used in resolving the conflict;

(5) conclusions of law that address the legal authority for the hearing and the ruling, and which give appropriate attention to the claims of the participants to the hearing;

(6) a clear and precise statement of the decision made resolving the dispute under consideration in the hearing; and

(7) written notice of the right to appeal to district court or to request reconsideration, and of the actions required and the time limits for taking appropriate action to appeal to district court or to request a reconsideration.

(c) The human services judge shall not independently investigate facts or otherwise rely on information not presented at the hearing. The human services judge may not contact other agency personnel, except as provided in subdivision 18. The human services judge's recommended decision must be based exclusively on the testimony and evidence presented at the hearing, and legal arguments presented, and the human services judge's research and knowledge of the law.

(d) The commissioner will review the recommended decision and accept or refuse to accept the decision according to section new text begin 142A.20, subdivision 3, or new text end 256.045, subdivision 5.

Sec. 23.

Minnesota Statutes 2022, section 256.0451, subdivision 24, is amended to read:

Subd. 24.

Reconsideration.

(a) Reconsideration may be requested within 30 days of the date of the commissioner's final order. If reconsideration is requested under section new text begin 142A.20, subdivision 3, or new text end 256.045, subdivision 5, the other participants in the appeal shall be informed of the request. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and may include proposed additional evidence supporting the request. The other participants shall be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond.

(b) When the requesting party raises a question as to the appropriateness of the findings of fact, the commissioner shall review the entire record.

(c) When the requesting party questions the appropriateness of a conclusion of law, the commissioner shall consider the recommended decision, the decision under reconsideration, and the material submitted in connection with the reconsideration. The commissioner shall review the remaining record as necessary to issue a reconsidered decision.

(d) The commissioner shall issue a written decision on reconsideration in a timely fashion. The decision must clearly inform the parties that this constitutes the final administrative decision, advise the participants of the right to seek judicial review, and the deadline for doing so.

Sec. 24.

Minnesota Statutes 2022, section 256.046, subdivision 2, as amended by Laws 2024, chapter 80, article 1, section 75, is amended to read:

Subd. 2.

Combined hearing.

deleted text begin (a) deleted text end The human services judge may combine a fair hearing under section 142A.20 or 256.045 and administrative fraud disqualification hearing under this section or section 142A.27 into a single hearing if the factual issues arise out of the same, or related, circumstances deleted text begin ; the commissioner of human services has jurisdiction over at least one of the hearings; deleted text end and the individual receives prior notice that the hearings will be combined. If the administrative fraud disqualification hearing and fair hearing are combined, the time frames for administrative fraud disqualification hearings specified in Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of wrongfully obtaining assistance is charged under section 256.98 for the same act or acts which are the subject of the hearing, the individual may request that the hearing be delayed until the criminal charge is decided by the court or withdrawn.

deleted text begin (b) The human services judge must conduct any hearings under section 142A.20 or 142A.27 pursuant to the relevant laws and rules governing children, youth, and families judges. deleted text end

Sec. 25.

Minnesota Statutes 2023 Supplement, section 256M.42, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Adult protection grant allocation under Reform 2020. new text end

new text begin The requirements of subdivisions 2 to 6 apply to the Reform 2020 adult protection state grants in Minnesota Statutes 2013 Supplement, section 256M.40, subdivision 1, and Laws 2013, chapter 108, article 15. The Reform 2020 state adult protection grant must be allocated annually consistent with the calendar year 2023 allocation made under section 256M.40. new text end

Sec. 26.

Laws 2023, chapter 70, article 12, section 30, subdivision 2, is amended to read:

Subd. 2.

Department of Human Services.

The powers and duties of the Department of Human Services with respect to the following responsibilities and related elements are transferred to the Department of Children, Youth, and Families according to Minnesota Statutes, section 15.039:

(1) family services and community-based collaboratives under Minnesota Statutes, section 124D.23;

(2) child care programs under Minnesota Statutes, chapter 119B;

(3) Parent Aware quality rating and improvement system under Minnesota Statutes, section 124D.142;

(4) migrant child care services under Minnesota Statutes, section 256M.50;

(5) early childhood and school-age professional development training under Laws 2007, chapter 147, article 2, section 56;

(6) licensure of family child care and child care centers, child foster care, and private child placing agencies under Minnesota Statutes, chapter 245A;

(7) certification of license-exempt child care centers under Minnesota Statutes, chapter 245H;

(8) program integrity and fraud related to the Child Care Assistance Program (CCAP), the Minnesota Family Investment Program (MFIP), and the Supplemental Nutrition Assistance Program (SNAP) under Minnesota Statutes, chapters 119B and 245E;

(9) SNAP under Minnesota Statutes, sections 256D.60 to 256D.63;

(10) electronic benefit transactions under Minnesota Statutes, sections 256.9862, 256.9863, 256.9865, 256.987, 256.9871, 256.9872, and 256J.77;

(11) Minnesota food assistance program under Minnesota Statutes, section 256D.64;

(12) Minnesota food shelf program under Minnesota Statutes, section 256E.34;

(13) MFIP and Temporary Assistance for Needy Families (TANF) under Minnesota Statutes, sections 256.9864 and 256.9865 and chapters 256J and 256P;

(14) Diversionary Work Program (DWP) under Minnesota Statutes, section 256J.95;

(15) deleted text begin resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6 deleted text end new text begin American Indian food sovereignty program under Minnesota Statutes, section 256E.342 new text end ;

(16) child abuse under Minnesota Statutes, chapter 256E;

(17) reporting of the maltreatment of minors under Minnesota Statutes, chapter 260E;

(18) children in voluntary foster care for treatment under Minnesota Statutes, chapter 260D;

(19) juvenile safety and placement under Minnesota Statutes, chapter 260C;

(20) the Minnesota Indian Family Preservation Act under Minnesota Statutes, sections 260.751 to 260.835;

(21) the Interstate Compact for Juveniles under Minnesota Statutes, section 260.515, and the Interstate Compact on the Placement of Children under Minnesota Statutes, sections 260.851 to 260.93;

(22) adoption under Minnesota Statutes, sections 259.20 to 259.89;

(23) Northstar Care for Children under Minnesota Statutes, chapter 256N;

(24) child support under Minnesota Statutes, chapters 13, 13B, 214, 256, 256J, 257, 259, 518, 518A, 518C, 551, 552, 571, and 588, and Minnesota Statutes, section 609.375;

(25) community action programs under Minnesota Statutes, sections 256E.30 to 256E.32; deleted text begin and deleted text end

(26) Family Assets for Independence in Minnesota under Minnesota Statutes, section 256E.35 deleted text begin . deleted text end new text begin ; new text end

new text begin (27) capital for emergency food distribution facilities under Laws 2023, chapter 70, article 20, section 2, subdivision 24, paragraph (i); new text end

new text begin (28) community resource centers under Laws 2023, chapter 70, article 14, section 42; new text end

new text begin (29) diaper distribution grant program under Minnesota Statutes, section 256E.38; new text end

new text begin (30) Family First Prevention Services Act support and development grant program under Minnesota Statutes, section 256.4793; new text end

new text begin (31) Family First Prevention Services Act kinship navigator program under Minnesota Statutes, section 256.4794; new text end

new text begin (32) family first prevention and early intervention allocation program under Minnesota Statutes, section 260.014; new text end

new text begin (33) grants for prepared meals food relief under Laws 2023, chapter 70, article 12, section 33; new text end

new text begin (34) independent living skills for foster youth under Laws 2023, chapter 70, article 14, section 41; new text end

new text begin (35) legacy adoption assistance under Minnesota Statutes, chapter 259A; new text end

new text begin (36) quality parenting initiative grant program under Minnesota Statutes, section 245.0962; new text end

new text begin (37) relative custody assistance under Minnesota Statutes, section 257.85; new text end

new text begin (38) reimbursement to counties and Tribes for certain out-of-home placements under Minnesota Statutes, section 477A.0126; and new text end

new text begin (39) Supplemental Nutrition Assistance Program outreach under Minnesota Statutes, section 256D.65. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 27.

Laws 2023, chapter 70, article 12, section 30, subdivision 3, is amended to read:

Subd. 3.

Department of Education.

The powers and duties of the Department of Education with respect to the following responsibilities and related elements are transferred to the Department of Children, Youth, and Families according to Minnesota Statutes, section 15.039:

(1) Head Start Program and Early Head Start under Minnesota Statutes, sections 119A.50 to 119A.545;

(2) the early childhood screening program under Minnesota Statutes, sections 121A.16 to 121A.19;

(3) early learning scholarships under Minnesota Statutes, section 124D.165;

(4) the interagency early childhood intervention system under Minnesota Statutes, sections 125A.259 to 125A.48;

(5) voluntary prekindergarten programs and school readiness plus programs under Minnesota Statutes, section 124D.151;

(6) early childhood family education programs under Minnesota Statutes, sections 124D.13 to 124D.135;

(7) school readiness under Minnesota Statutes, sections 124D.15 to 124D.16; deleted text begin and deleted text end

(8) after-school community learning programs under Minnesota Statutes, section 124D.2211 deleted text begin . deleted text end new text begin ; and new text end

new text begin (9) grow your own program under Minnesota Statutes, section 122A.731. new text end

Sec. 28.

Laws 2024, chapter 80, article 1, section 38, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Children, youth, and families judges; appointment deleted text end new text begin Hearings held by the Department of Human Services new text end .

deleted text begin The commissioner of children, youth, and families may appoint one or more state children, youth, and families judges to conduct hearings and recommend orders in accordance with subdivisions 2, 3, and 5. Children, youth, and families judges designated pursuant to this section may administer oaths and shall be under the control and supervision of the commissioner of children, youth, and families and shall not be a part of the Office of Administrative Hearings established pursuant to sections 14.48 to 14.56. The commissioner shall only appoint as a full-time children, youth, and families judge an individual who is licensed to practice law in Minnesota and who is: deleted text end

deleted text begin (1) in active status; deleted text end

deleted text begin (2) an inactive resident; deleted text end

deleted text begin (3) retired; deleted text end

deleted text begin (4) on disabled status; or deleted text end

deleted text begin (5) on retired senior status. deleted text end

new text begin All state agency hearings under subdivision 2 must be heard by a human services judge pursuant to sections 256.045 and 256.0451. new text end

Sec. 29.

Laws 2024, chapter 80, article 1, section 38, subdivision 2, is amended to read:

Subd. 2.

State agency hearings.

deleted text begin (a) deleted text end State agency hearings are available for the following:

(1) any person:

(i) applying for, receiving, or having received public assistance or a program of social services administered by the commissioner or a county agency on behalf of the commissioner or the federal Food and Nutrition Act; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid;

(2) any person whose claim for foster care payment according to a placement of the child resulting from a child protection assessment under chapter 260E is denied or not acted upon with reasonable promptness, regardless of funding source;

(3) any person to whom a right of appeal according to this section is given by other provision of law; new text begin and new text end

deleted text begin (4) except as provided under chapter 142B, an individual or facility determined to have maltreated a minor under chapter 260E, after the individual or facility has exercised the right to administrative reconsideration under chapter 260E; deleted text end

deleted text begin (5) except as provided under chapter 245C, an individual disqualified under sections 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, on the basis of serious or recurring maltreatment; of a preponderance of the evidence that the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment determination under clause (4) and a disqualification under this clause in which the basis for a disqualification is serious or recurring maltreatment shall be consolidated into a single fair hearing. In such cases, the scope of review by the children, youth, and families judge shall include both the maltreatment determination and the disqualification. The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment; and deleted text end

deleted text begin (6) deleted text end new text begin (4) new text end any person with an outstanding debt resulting from receipt of public assistance or the federal Food and Nutrition Act who is contesting a setoff claim by the commissioner of children, youth, and families or a county agency. The scope of the appeal is the validity of the claimant agency's intention to request a setoff of a refund under chapter 270A against the debt.

deleted text begin (b) The hearing for an individual or facility under paragraph (a), clause (4) or (5), is the only administrative appeal to the final agency determination specifically, including a challenge to the accuracy and completeness of data under section 13.04. A hearing for an individual or facility under paragraph (a), clause (4) or (5), is only available when there is no district court action pending. If such action is filed in district court while an administrative review is pending that arises out of some or all of the events or circumstances on which the appeal is based, the administrative review must be suspended until the judicial actions are completed. If the district court proceedings are completed, dismissed, or overturned, the matter may be considered in an administrative hearing. deleted text end

deleted text begin (c) For purposes of this section, bargaining unit grievance procedures are not an administrative appeal. deleted text end

deleted text begin (d) The scope of hearings involving claims to foster care payments under paragraph (a), clause (2), shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision. deleted text end

deleted text begin (e) An applicant or recipient is not entitled to receive social services beyond the services prescribed under chapter 256M or other social services the person is eligible for under state law. deleted text end

deleted text begin (f) The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law. deleted text end

deleted text begin (g) Unless federal or Minnesota law specifies a different time frame in which to file an appeal, an individual or organization specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause, as defined in section 142A.21, subdivision 13, why the request was not submitted within the 30-day time limit. The individual filing the appeal has the burden of proving good cause by a preponderance of the evidence. deleted text end

Sec. 30.

Laws 2024, chapter 80, article 1, section 38, subdivision 5, is amended to read:

Subd. 5.

Orders of the commissioner of children, youth, and families.

(a) A state deleted text begin children, youth, and families deleted text end new text begin human services new text end judge shall conduct a hearing on deleted text begin the deleted text end new text begin an new text end appeal new text begin of a matter listed in subdivision 2 new text end and shall recommend an order to the commissioner of children, youth, and families. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of the state or county agency's action. A deleted text begin children, youth, and families deleted text end new text begin state human services new text end judge may take official notice of adjudicative facts. The commissioner of children, youth, and families may accept the recommended order of a state deleted text begin children, youth, and families deleted text end new text begin human services new text end judge and issue the order to the county agency and the applicant, recipient, or former recipient. If the commissioner refuses to accept the recommended order of the state deleted text begin children, youth, and families deleted text end new text begin human services new text end judge, the commissioner shall notify the petitioner or the agency of the commissioner's refusal and shall state reasons for the refusal. The commissioner shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the petitioner and the agency.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision deleted text begin 7 deleted text end new text begin 5 new text end or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and proposed additional evidence supporting the request. If proposed additional evidence is submitted, the person must explain why the proposed additional evidence was not provided at the time of the hearing. If reconsideration is granted, the other participants must be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision deleted text begin 7 deleted text end new text begin 5 new text end . Any order of the commissioner is binding on the parties and must be implemented by the state agency or a county agency until the order is reversed by the district court or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision deleted text begin 10 deleted text end new text begin 8 new text end .

(d) A vendor under contract with a county agency to provide social services is not a party and may not request a hearing or seek judicial review of an order issued under this section, unless assisting a recipient as provided in new text begin section 256.045, new text end subdivision 4.

Sec. 31.

Laws 2024, chapter 80, article 1, section 38, subdivision 6, is amended to read:

Subd. 6.

Additional powers of commissioner; subpoenas.

(a) The commissioner may initiate a review of any action or decision of a county agency and direct that the matter be presented to a state deleted text begin children, youth, and families deleted text end new text begin human services new text end judge for a hearing held under subdivision 2 or deleted text begin 3 deleted text end new text begin section 256.045, new text end new text begin subdivision 3b new text end . In all matters dealing with children, youth, and families committed by law to the discretion of the county agency, the commissioner's judgment may be substituted for that of the county agency. The commissioner may order an independent examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 2 or deleted text begin 3 deleted text end new text begin section 256.045, subdivision 3b, new text end may request that the commissioner issue a subpoena to compel the attendance of witnesses and the production of records at the hearing. A local agency may request that the commissioner issue a subpoena to compel the release of information from third parties prior to a request for a hearing under section 142A.21 upon a showing of relevance to such a proceeding. The issuance, service, and enforcement of subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules of Civil Procedure.

deleted text begin (c) The commissioner may issue a temporary order staying a proposed demission by a residential facility licensed under chapter 142B: deleted text end

deleted text begin (1) while an appeal by a recipient under subdivision 3 is pending; or deleted text end

deleted text begin (2) for the period of time necessary for the case management provider to implement the commissioner's order. deleted text end

Sec. 32.

Laws 2024, chapter 80, article 1, section 38, subdivision 7, is amended to read:

Subd. 7.

Judicial review.

Any party who is aggrieved by an order of the commissioner of children, youth, and families may appeal the order to the district court of the county responsible for furnishing assistance, or, in appeals under new text begin section 256.045, new text end subdivision deleted text begin 3 deleted text end new text begin 3b new text end , the county where the maltreatment occurred, by serving a written copy of a notice of appeal upon the commissioner and any adverse party of record within 30 days after the date the commissioner issued the order, the amended order, or order affirming the original order, and by filing the original notice and proof of service with the court administrator of the district court. Service may be made personally or by mail; service by mail is complete upon mailing. The court administrator shall not require a filing fee in appeals taken pursuant to this subdivision, except for appeals taken under new text begin section 256.045, new text end subdivision deleted text begin 3 deleted text end new text begin 3b new text end . The commissioner may elect to become a party to the proceedings in the district court. Except for appeals under new text begin section 256.045, new text end subdivision deleted text begin 3 deleted text end new text begin 3b new text end , any party may demand that the commissioner furnish all parties to the proceedings with a copy of the decision, and a transcript of any testimony, evidence, or other supporting papers from the hearing held before the deleted text begin children, youth, and families deleted text end new text begin state human services new text end judge, by serving a written demand upon the commissioner within 30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse party to obey an order issued by the commissioner under subdivision 5 may compel performance according to the order in the manner prescribed in sections 586.01 to 586.12.

Sec. 33.

Laws 2024, chapter 80, article 1, section 38, subdivision 9, is amended to read:

Subd. 9.

Appeal.

Any party aggrieved by the order of the district court may appeal the order as in other civil cases. Except for appeals under new text begin section 256.045, new text end subdivision deleted text begin 3 deleted text end new text begin 3b new text end , no costs or disbursements shall be taxed against any party nor shall any filing fee or bond be required of any party.

Sec. 34.

Laws 2024, chapter 80, article 1, section 96, is amended to read:

Sec. 96.

REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in Column A as Column B.

	Column A	Column B
	256.01, subdivision 12	142A.03, subdivision 7
	256.01, subdivision 12a	142A.03, subdivision 8
	256.01, subdivision 15	142A.03, subdivision 10
	256.01, subdivision 36	142A.03, subdivision 22
	256.0112, subdivision 10	142A.07, subdivision 8
	256.019, subdivision 2	142A.28, subdivision 2
	256.4793	142A.45
	256.4794	142A.451
	256.82	142A.418
	256.9831	142A.13, subdivision 14
	256.9862, subdivision 1	142A.13, subdivision 10
	256.9862, subdivision 2	142A.13, subdivision 11
	256.9863	142A.13, subdivision 5
	256.9865, subdivision 1	142A.13, subdivision 6
	256.9865, subdivision 2	142A.13, subdivision 7
	256.9865, subdivision 3	142A.13, subdivision 8
	256.9865, subdivision 4	142A.13, subdivision 9
	256.987, subdivision 2	142A.13, subdivision 2
	256.987, subdivision 3	142A.13, subdivision 3
	256.987, subdivision 4	142A.13, subdivision 4
	256.9871	142A.13, subdivision 12
	256.9872	142A.13, subdivision 13
	256.997	142A.30
	256.998	142A.29
	256B.06, subdivision 6	142A.40
	256E.20	142A.41
	256E.21	142A.411
	256E.22	142A.412
	256E.24	142A.413
	256E.25	142A.414
	256E.26	142A.415
	256E.27	142A.416
	256E.28	142A.417
	new text begin 256E.37 new text end	new text begin 142A.46 new text end
	new text begin 256E.38 new text end	new text begin 142A.42 new text end
	256N.001	142A.60
	256N.01	142A.601
	256N.02	142A.602
	256N.20	142A.603
	256N.21	142A.604
	256N.22	142A.605
	256N.23	142A.606
	256N.24	142A.607
	256N.25	142A.608
	256N.26	142A.609
	256N.261	142A.61
	256N.27	142A.611
	256N.28	142A.612
	new text begin 257.85 new text end	new text begin 142A.65 new text end
	257.175	142A.03, subdivision 32
	257.33, subdivision 1	142A.03, subdivision 33
	257.33, subdivision 2	142A.03, subdivision 34
	260.014	142A.452
	299A.72	142A.75
	299A.73	142A.43
	299A.95	142A.76

The revisor of statutes must correct any statutory cross-references consistent with this renumbering.

Sec. 35.

Laws 2024, chapter 80, article 2, section 5, subdivision 21, is amended to read:

Subd. 21.

Plan for transfer of clients and records upon closure.

(a) Except for license holders who reside on the premises and child care providers, an applicant for initial or continuing licensure or certification must submit a written plan indicating how the program new text begin new text end new text begin or private agency new text end will ensure the transfer of clients and records for both open and closed cases if the program closes. The plan must provide for managing private and confidential information concerning new text begin the clients of the new text end program deleted text begin clients deleted text end new text begin or private agency new text end . The plan must also provide for notifying affected clients of the closure at least 25 days prior to closure, including information on how to access their records. A controlling individual of the program new text begin or private agency new text end must annually review and sign the plan.

(b) Plans for the transfer of open cases and case records must specify arrangements the program new text begin or private agency new text end will make to transfer clients to another provider or county agency for continuation of services and to transfer the case record with the client.

(c) Plans for the transfer of closed case records must be accompanied by a signed agreement or other documentation indicating that a county or a similarly licensed provider has agreed to accept and maintain the program's new text begin or private agency's new text end closed case records and to provide follow-up services as necessary to affected clients.

Sec. 36.

Laws 2024, chapter 80, article 2, section 7, subdivision 2, is amended to read:

Subd. 2.

County fees for applications and licensing inspections.

(a) A county agency may charge a license fee to an applicant or license holder not to exceed $50 for a one-year license or $100 for a two-year license.

(b) Counties may allow providers to pay the applicant fee in paragraph (a) on an installment basis for up to one year. If the provider is receiving child care assistance payments from the state, the provider may have the fee under paragraph (a) deducted from the child care assistance payments for up to one year and the state shall reimburse the county for the county fees collected in this manner.

deleted text begin (c) For purposes of child foster care licensing under this chapter, a county agency may charge a fee to a corporate applicant or corporate license holder to recover the actual cost of licensing inspections, not to exceed $500 annually. deleted text end

deleted text begin (d) Counties may elect to reduce or waive the fees in paragraph (c) under the following circumstances: deleted text end

deleted text begin (1) in cases of financial hardship; deleted text end

deleted text begin (2) if the county has a shortage of providers in the county's area; or deleted text end

deleted text begin (3) for new providers. deleted text end

Sec. 37.

Laws 2024, chapter 80, article 2, section 10, subdivision 6, is amended to read:

Subd. 6.

Appeal of multiple sanctions.

(a) When the license holder appeals more than one licensing action or sanction that were simultaneously issued by the commissioner, the license holder shall specify the actions or sanctions that are being appealed.

(b) If there are different timelines prescribed in statutes for the licensing actions or sanctions being appealed, the license holder must submit the appeal within the longest of those timelines specified in statutes.

(c) The appeal must be made in writing by certified mail deleted text begin or deleted text end new text begin , by new text end personal service new text begin , or through the provider licensing and reporting hub new text end . If mailed, the appeal must be postmarked and sent to the commissioner within the prescribed timeline with the first day beginning the day after the license holder receives the certified letter. If a request is made by personal service, it must be received by the commissioner within the prescribed timeline with the first day beginning the day after the license holder receives the certified letter. new text begin If the appeal is made through the provider hub, the appeal must be received by the commissioner within the prescribed timeline with the first day beginning the day after the commissioner issued the order through the hub. new text end

(d) When there are different timelines prescribed in statutes for the appeal of licensing actions or sanctions simultaneously issued by the commissioner, the commissioner shall specify in the notice to the license holder the timeline for appeal as specified under paragraph (b).

Sec. 38.

Laws 2024, chapter 80, article 2, section 16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private agencies that have been designated or licensed by the commissioner to perform licensing functions and activities under section 142B.10 deleted text begin and background studies for family child care deleted text end deleted text begin under chapter 245C deleted text end ; to recommend denial of applicants under section 142B.15; to issue correction orders, to issue variances, and to recommend a conditional license under section 142B.16; or to recommend suspending or revoking a license or issuing a fine under section 142B.18, shall comply with rules and directives of the commissioner governing those functions and with this section. The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and family child foster care deleted text begin , dual licensure of family child foster care and family adult foster care, dual licensure of child foster residence setting and community residential setting, and dual licensure of family adult foster care and family child care deleted text end ;

(2) child foster care maximum age requirement;

(3) variances regarding disqualified individuals;

(4) variances to requirements relating to chemical use problems of a license holder or a household member of a license holder; and

(5) variances to section 142B.74 for a time-limited period. If the commissioner grants a variance under this clause, the license holder must provide notice of the variance to all parents and guardians of the children in care.

new text begin (b) The commissioners of human services and children, youth, and families must both approve a variance for dual licensure of family child foster care and family adult foster care or family adult foster care and family child care. Variances under this paragraph are excluded from the delegation of variance authority and may be issued only by both commissioners. new text end

new text begin (c) new text end Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency must not grant a license holder a variance to exceed the maximum allowable family child care license capacity of 14 children.

deleted text begin (b) deleted text end new text begin (d) new text end A county agency that has been designated by the commissioner to issue family child care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to all family child care license holders in the county.

deleted text begin (c) deleted text end new text begin (e) new text end Before the implementation of NETStudy 2.0, county agencies must report information about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by the commissioner.

deleted text begin (d) deleted text end new text begin (f) new text end For family child care programs, the commissioner shall require a county agency to conduct one unannounced licensing review at least annually.

deleted text begin (e) deleted text end new text begin (g) new text end A license issued under this section may be issued for up to two years.

deleted text begin (f) deleted text end new text begin (h) new text end A county agency shall report to the commissioner, in a manner prescribed by the commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The information under this clause must also be reported to the state fire marshal within two business days of receiving notice from a licensed family child care provider.

Sec. 39.

Laws 2024, chapter 80, article 2, section 30, subdivision 2, is amended to read:

Subd. 2.

Maltreatment of minors ongoing training requirement.

(a) In addition to the orientation training required by the applicable licensing rules and statutes, private child-placing agency license holders must provide a training annually on the maltreatment of minors reporting requirements and definitions in chapter 260E to each mandatory reporter, as described in section 260E.06, subdivision 1.

(b) In addition to the orientation training required by the applicable licensing rules and statutes, all family child foster care license holders and caregivers deleted text begin and foster residence setting staff and volunteers deleted text end who are mandatory reporters as described in section 260E.06, subdivision 1, must complete training each year on the maltreatment of minors reporting requirements and definitions in chapter 260E.

Sec. 40.

Laws 2024, chapter 80, article 2, section 31, is amended to read:

Sec. 31.

142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings deleted text begin , and all staff providing care in foster residence settings deleted text end must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers deleted text begin , and foster residence staff deleted text end must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of children, youth, and families.

Sec. 41.

Laws 2024, chapter 80, article 2, section 74, is amended to read:

Sec. 74.

REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in column A as column B.

	Column A	Column B
	245A.02, subdivision 2c	142B.01, subdivision 3
	245A.02, subdivision 6a	142B.01, subdivision 11
	245A.02, subdivision 6b	142B.01, subdivision 12
	245A.02, subdivision 10a	142B.01, subdivision 22
	245A.02, subdivision 12	142B.01, subdivision 23
	245A.02, subdivision 16	142B.01, subdivision 26
	245A.02, subdivision 17	142B.01, subdivision 27
	245A.02, subdivision 18	142B.01, subdivision 28
	245A.02, subdivision 19	142B.01, subdivision 13
	245A.03, subdivision 2a	142B.05, subdivision 3
	245A.03, subdivision 2b	142B.05, subdivision 4
	245A.03, subdivision 4	142B.05, subdivision 6
	245A.03, subdivision 4a	142B.05, subdivision 7
	245A.03, subdivision 8	142B.05, subdivision 10
	245A.035	142B.06
	245A.04, subdivision 9a	142B.10, subdivision 17
	245A.04, subdivision 10	142B.10, subdivision 18
	245A.06, subdivision 8	142B.16, subdivision 5
	245A.06, subdivision 9	142B.16, subdivision 6
	245A.065	142B.17
	245A.07, subdivision 4	142B.18, subdivision 6
	245A.07, subdivision 5	142B.18, subdivision 7
	245A.14, subdivision 3	142B.41, subdivision 3
	245A.14, subdivision 4	142B.41, subdivision 4
	245A.14, subdivision 4a	142B.41, subdivision 5
	245A.14, subdivision 6	142B.41, subdivision 6
	245A.14, subdivision 8	142B.41, subdivision 7
	245A.14, subdivision 10	142B.41, subdivision 8
	245A.14, subdivision 11	142B.41, subdivision 9
	245A.14, subdivision 15	142B.41, subdivision 11
	245A.14, subdivision 16	142B.41, subdivision 12
	245A.14, subdivision 17	142B.41, subdivision 13
	245A.1434	142B.60
	deleted text begin 245A.144 deleted text end	deleted text begin 142B.47 deleted text end
	245A.1445	142B.48
	245A.145	142B.61
	245A.146, subdivision 2	142B.45, subdivision 2
	245A.146, subdivision 3	142B.45, subdivision 3
	245A.146, subdivision 4	142B.45, subdivision 4
	245A.146, subdivision 5	142B.45, subdivision 5
	245A.146, subdivision 6	142B.45, subdivision 6
	245A.147	142B.75
	245A.148	142B.76
	245A.149	142B.77
	245A.15	142B.78
	245A.1511	142B.79
	245A.152	142B.62
	245A.16, subdivision 7	142B.30, subdivision 7
	245A.16, subdivision 9	142B.30, subdivision 9
	245A.16, subdivision 11	142B.30, subdivision 11
	245A.23	142B.63
	245A.40	142B.65
	245A.41	142B.66
	245A.42	142B.67
	245A.50	142B.70
	245A.51	142B.71
	245A.52	142B.72
	245A.53	142B.74
	245A.66, subdivision 2	142B.54, subdivision 2
	245A.66, subdivision 3	142B.54, subdivision 3

The revisor of statutes must correct any statutory cross-references consistent with this renumbering.

Sec. 42.

Laws 2024, chapter 80, article 4, section 26, is amended to read:

Sec. 26.

REVISOR INSTRUCTION.

(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in column A with the number listed in column B. The revisor shall also make necessary cross-reference changes consistent with the renumbering. The revisor shall also make any technical, language, and other changes necessitated by the renumbering and cross-reference changes in this act.

Column A	Column B
119A.50	142D.12
119A.52	142D.121
119A.53	142D.122
119A.535	142D.123
119A.5411	142D.124
119A.545	142D.125
119B.195	142D.30
119B.196	142D.24
119B.25	142D.20
119B.251	142D.31
119B.252	142D.32
119B.27	142D.21
119B.28	142D.22
119B.29	142D.23
new text begin 119B.99 new text end	new text begin 142A.44 new text end
121A.16	142D.09
121A.17	142D.091
121A.18	142D.092
121A.19	142D.093
new text begin 122A.731 new text end	new text begin 142D.33 new text end
124D.13	142D.10
124D.135	142D.11
124D.141	142D.16
124D.142	142D.13
124D.15	142D.05
124D.151	142D.08
124D.16	142D.06
124D.165	142D.25
124D.2211	142D.14
124D.23	142D.15

(b) The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article 8, section 9, as amended by article 4, section 25, as Minnesota Statutes, section 142D.07.

(c) The revisor of statutes shall change "commissioner of education" to "commissioner of children, youth, and families" and change "Department of Education" to "Department of Children, Youth, and Families" as necessary in Minnesota Statutes, chapters 119A and 120 to 129C, to reflect the changes in this act and Laws 2023, chapter 70, article 12. The revisor shall also make any technical, language, and other changes resulting from the change of term to the statutory language, sentence structure, or both, if necessary to preserve the meaning of the text.

Sec. 43.

Laws 2024, chapter 80, article 6, section 4, is amended to read:

Sec. 4.

REVISOR INSTRUCTION.

(a) The revisor of statutes must renumber each section of Minnesota Statutes in Column A with the number in Column B.

	Column A	Column B
	245.771	142F.05
	256D.60	142F.10
	256D.61	142F.11
	256D.62	142F.101
	256D.63	142F.102
	256D.64	142F.13
	256D.65	142F.12
	256E.30	142F.30
	256E.31	142F.301
	256E.32	142F.302
	256E.34	142F.14
	new text begin 256E.342 new text end	new text begin 142F.15 new text end
	256E.35	142F.20

(b) The revisor of statutes must correct any statutory cross-references consistent with this renumbering.

Sec. 44.

Laws 2024, chapter 80, article 7, section 4, is amended to read:

Sec. 4.

Minnesota Statutes 2022, section 256J.09, is amended by adding a subdivision to read:

Subd. 11.

Domestic violence informational brochure.

(a) The commissioner shall provide a domestic violence informational brochure that provides information about the existence of domestic violence waivers to all MFIP applicants. The brochure must explain that eligible applicants may be temporarily waived from certain program requirements due to domestic violence. The brochure must provide information about services and other programs to help victims of domestic violence.

(b) The brochure must be funded with TANF funds.

new text begin (c) The commissioner must work with the commissioner of human services to create a brochure that meets the requirements of this section and section 256.029. new text end

Sec. 45.

new text begin CHILD FOSTER RESIDENCE SETTINGS TO STAY AT THE DEPARTMENT OF HUMAN SERVICES. new text end

new text begin The responsibility to license child foster residence settings as defined in Minnesota Statutes, section 245A.02, subdivision 6e, does not transfer to the Department of Children, Youth, and Families under Laws 2023, chapter 70, article 12, section 30, and remains with the Department of Human Services. new text end

Sec. 46.

new text begin DIRECTION TO THE COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES; COORDINATION OF SERVICES FOR CHILDREN WITH DISABILITIES AND MENTAL HEALTH. new text end

new text begin The commissioner shall designate a department leader to be responsible for coordination of services and outcomes around children's mental health and for children with or at risk for disabilities within and between the Department of Children, Youth, and Families; the Department of Human Services; and related agencies. new text end

Sec. 47.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 245.975, subdivision 8, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, and 11; 39; and 43, subdivision 2; Laws 2024, chapter 80, article 2, sections 1, subdivision 11; 3, subdivision 3; 4, subdivision 4; 10, subdivision 4; 33; and 69; and Laws 2024, chapter 80, article 7, sections 3; and 9, new text end new text begin are repealed. new text end

new text begin (c) new text end new text begin Minnesota Rules, part 9545.0845, new text end new text begin is repealed. new text end

Sec. 48.

new text begin EFFECTIVE DATE; TRANSFER OF RESPONSIBILITIES. new text end

new text begin (a) This article is effective July 1, 2024. new text end

new text begin (b) Notwithstanding paragraph (a), the powers and responsibilities transferred under this article are effective upon notice of the commissioner of children, youth, and families to the commissioners of administration, management and budget, and other relevant departments along with the secretary of the senate, the chief clerk of the house of representatives, and the chairs and ranking minority members of relevant legislative committees and divisions, pursuant to Laws 2023, chapter 70, article 12, section 30, subdivision 1. new text end

new text begin (c) By August 1, 2025, the commissioners of human services and children, youth, and families shall notify the chairs and ranking minority members of relevant legislative committees and divisions and the revisor of statutes of any sections of this article or programs to be transferred that are waiting for federal approval to become effective pursuant to Laws 2023, chapter 70, article 12, section 30, subdivision 1, paragraph (b). new text end

ARTICLE 17

MINNESOTA INDIAN FAMILY PRESERVATION ACT

Section 1.

Minnesota Statutes 2022, section 259.20, subdivision 2, is amended to read:

Subd. 2.

Other applicable law.

(a) Portions of chapters 245A, 245C, 257, 260, and 317A may also affect the adoption of a particular child.

(b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter 21, sections 1901-1923, deleted text begin may also deleted text end new text begin and the Minnesota Indian Family Preservation Act under sections 260.751 to 260.835 new text end apply in the adoption of an Indian child deleted text begin , and may preempt specific provisions of this chapter deleted text end new text begin as described in section 259.201 new text end .

(c) Consistent with section 245C.33 and Public Law 109-248, a completed background study is required before the approval of any foster or adoptive placement in a related or an unrelated home.

Sec. 2.

new text begin [259.201] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT. new text end

new text begin Adoption proceedings under this chapter that involve an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; by section 259.20, subdivision 2, paragraph (b); and by this chapter when not inconsistent with the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 1a, is amended to read:

Subd. 1a.

Active efforts.

new text begin (a) new text end "Active efforts" means a rigorous and concerted level of effort new text begin to preserve the Indian child's family new text end that is ongoing throughout the involvement of the child-placing agency deleted text begin to continuously involve the Indian child's Tribe and that uses the deleted text end new text begin or the petitioner with the Indian child. Active efforts require the engagement of the Indian child, the Indian child's parents, the Indian custodian, the extended family, and the Tribe in using the new text end prevailing social and cultural values, conditions, and way of life of the Indian child's Tribe to new text begin : (1) new text end preserve the Indian child's family deleted text begin and deleted text end new text begin ; (2) new text end prevent placement of an Indian child deleted text begin and, deleted text end new text begin ; (3) new text end if placement occurs, to return the Indian child to the new text begin Indian new text end child's family at the earliest possible time new text begin ; and (4) where a permanent change in parental rights or custody are necessary, ensure the Indian child retains meaningful connections to the Indian child's family, extended family, and Tribe new text end .

new text begin (b) new text end Active efforts deleted text begin under section deleted text end new text begin for all Indian child placements includes this section and sections 260.012 and new text end 260.762 new text begin and new text end require a higher standard than reasonable efforts new text begin as defined in section 260.012 new text end to preserve the family, prevent breakup of the family, and reunify the family. Active efforts deleted text begin include reasonable efforts as required by Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 679c deleted text end new text begin are required for all Indian child placement proceedings and for all voluntary Indian child placements that involve a child-placing agency regardless of whether the reasonable efforts would have been relieved under section 260.012 new text end .

Sec. 4.

Minnesota Statutes 2022, section 260.755, subdivision 2a, is amended to read:

Subd. 2a.

Best interests of an Indian child.

"Best interests of an Indian child" means compliance with the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family Preservation Act to preserve and maintain an Indian child's family. The best interests of an Indian child support the new text begin Indian new text end child's sense of belonging to family, extended family, and Tribe. The best interests of an Indian child are interwoven with the best interests of the Indian child's Tribe.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 3, is amended to read:

Subd. 3.

Child placement proceeding.

(a) "Child placement proceeding" includes a judicial proceeding which could result in:

(1) "adoptive placement," meaning the permanent placement of an Indian child for adoption, including an action resulting in a final decree of adoption;

(2) "involuntary foster care placement," meaning an action removing an Indian child from the child's parents or Indian custodian for temporary placement in a foster home, institution, or the home of a guardian. The parent or Indian custodian cannot have the Indian child returned upon demand, but parental rights have not been terminated;

(3) "preadoptive placement," meaning the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, before or instead of adoptive placement; or

(4) "termination of parental rights," meaning an action resulting in the termination of the parent-child relationship under section 260C.301.

(b) The term child placement proceeding new text begin is a domestic relations proceeding that new text end includes all placements where Indian children are placed deleted text begin out-of-home or deleted text end away from the care, custody, and control of their parent or parents or Indian custodian that do not implicate custody between the parents. Child placement proceeding also includes any placement based upon juvenile status offenses deleted text begin , deleted text end but does not include a placement based upon an act which if committed by an adult would be deemed a crime, or upon an award of custody in a divorce proceeding to one of the parents.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 3a, is amended to read:

Subd. 3a.

Child-placing agency.

"Child-placing agency" means a public, private, or nonprofit legal entity: (1) providing assistance to deleted text begin a deleted text end new text begin an Indian new text end child and the new text begin Indian new text end child's deleted text begin parent or deleted text end parents new text begin or Indian custodian new text end ; or (2) placing deleted text begin a deleted text end new text begin an Indian new text end child in foster care or for adoption on a voluntary or involuntary basis.

Sec. 7.

Minnesota Statutes 2022, section 260.755, subdivision 5, is amended to read:

Subd. 5.

Demand.

"Demand" means a written and notarized statement signed by a parent or Indian custodian of deleted text begin a deleted text end new text begin an Indian new text end child which requests the return of the new text begin Indian new text end child who has been voluntarily placed in foster care.

Sec. 8.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 5b, is amended to read:

Subd. 5b.

Extended family member.

"Extended family member" is as defined by the law or custom of the Indian child's Tribe or, in the absence of any law or custom of the Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent. new text begin For the purposes of provision of active efforts and foster care and permanency placement decisions, the legal parent, guardian, or custodian of the Indian child's sibling is not an extended family member or relative of an Indian child unless they are independently related to the Indian child or recognized by the Indian child's Tribe as an extended family member. new text end

Sec. 9.

Minnesota Statutes 2022, section 260.755, subdivision 14, is amended to read:

Subd. 14.

Parent.

"Parent" means the biological parent of an Indian child deleted text begin , deleted text end or any deleted text begin Indian deleted text end person who has lawfully adopted an Indian child, including a person who has adopted deleted text begin a deleted text end new text begin an Indian new text end child by Tribal law or custom. Parent includes a father as defined by Tribal law or custom. Parent does not include an unmarried father whose paternity has not been acknowledged or established. Paternity has been acknowledged when an unmarried father takes any action to hold himself out as the biological father of an Indian child.

Sec. 10.

Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to read:

new text begin Subd. 15a. new text end

new text begin Petitioner. new text end

new text begin "Petitioner" means one or more individuals other than a parent or Indian custodian who has filed a petition or motion seeking a grant of temporary or permanent guardianship, custody, or adoption of an Indian child. new text end

Sec. 11.

Minnesota Statutes 2022, section 260.755, subdivision 17a, is amended to read:

Subd. 17a.

Qualified expert witness.

"Qualified expert witness" means an individual who deleted text begin (1) has specific knowledge of the Indian child's tribe's culture and customs, or deleted text end meets the criteria in section 260.771, subdivision 6, paragraph (d), and deleted text begin (2) deleted text end provides testimony as required by the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912, new text begin and the Minnesota Indian Family Preservation Act, new text end regarding deleted text begin out-of-home placement or termination of parental rights deleted text end new text begin child placement or permanency proceedings new text end relating to an Indian child.

Sec. 12.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 20, is amended to read:

Subd. 20.

Tribal court.

"Tribal court" means a court with jurisdiction over child custody proceedings and which is either a court of Indian offenses, deleted text begin or deleted text end a court established and operated under the code or custom of an Indian Tribe, or any other administrative body of a Tribe which is vested with authority over child custody proceedings.

Sec. 13.

Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to read:

new text begin Subd. 20a. new text end

new text begin Tribal representative. new text end

new text begin "Tribal representative" means a representative designated by and acting on behalf of a Tribe in connection with an Indian child placement proceeding as defined in subdivision 3. It is not required that the designated representative be an attorney to represent the Tribe in these matters. An individual appearing as a Tribal representative on behalf of a Tribe and participating in a court proceeding under this chapter is not engaged in the unauthorized practice of law. new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 22, is amended to read:

Subd. 22.

Voluntary foster care placement.

"Voluntary foster care placement" means a decision in which there has been participation by a child-placing agency resulting in the temporary placement of an Indian child away from the home of the new text begin Indian new text end child's parents or Indian custodian in a foster home, institution, or the home of a guardian, and the parent or Indian custodian may have the new text begin Indian new text end child returned upon demand.

Sec. 15.

Minnesota Statutes 2023 Supplement, section 260.758, subdivision 2, is amended to read:

Subd. 2.

Temporary emergency jurisdiction of state courts.

(a) The child-placing agency new text begin , petitioner, new text end or court shall ensure that the emergency removal or placement terminates immediately when removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. The child-placing agency new text begin , petitioner, new text end or court shall expeditiously initiate a child placement proceeding subject to the provisions of sections 260.751 to 260.835, transfer the new text begin Indian new text end child to the jurisdiction of the appropriate Indian Tribe, or return the Indian child to the Indian child's parent or Indian custodian as may be appropriate.

(b) If the Indian child is a resident of or is domiciled on a reservation but temporarily located off the reservation, a court of this state has only temporary emergency jurisdiction until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child is returned to the Indian child's parent or Indian custodian.

Sec. 16.

Minnesota Statutes 2023 Supplement, section 260.758, subdivision 4, is amended to read:

Subd. 4.

Emergency proceeding requirements.

(a) The court shall hold a hearing no later than 72 hours, excluding weekends and holidays, after the emergency removal of the Indian child. The court shall determine whether the emergency removal continues to be necessary to prevent imminent physical damage or harm to the Indian child.

(b) The court shall hold additional hearings whenever new information indicates that the emergency situation has ended and new text begin must determine new text end at any court hearing during the emergency proceeding deleted text begin to determine deleted text end whether the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child.

Sec. 17.

Minnesota Statutes 2023 Supplement, section 260.758, subdivision 5, is amended to read:

Subd. 5.

Termination of emergency removal or placement.

(a) An emergency removal or placement of an Indian child must immediately terminate once the child-placing agency or court possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child and the Indian child shall be immediately returned to the custody of the Indian child's parent or Indian custodian.

(b) An emergency removal or placement ends when the Indian child is transferred to the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the Indian child's parents, Indian custodian, and Indian child's Tribe, deleted text begin that deleted text end new text begin placement of new text end the Indian child deleted text begin shall be placed in foster care deleted text end upon a determination supported by clear and convincing evidence, including testimony by a qualified expert witness, that custody of the Indian child by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.

(c) In no instance shall emergency removal or emergency placement of an Indian child extend beyond 30 days unless the court finds by a showing of clear and convincing evidence that: (1) continued emergency removal or placement is necessary to prevent imminent physical damage or harm to the Indian child; (2) the court has been unable to transfer the proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been possible to initiate a child placement proceeding with all of the protections under sections 260.751 to 260.835, including obtaining the testimony of a qualified expert witness.

Sec. 18.

Minnesota Statutes 2023 Supplement, section 260.761, is amended to read:

260.761 INQUIRY OF TRIBAL LINEAGE; NOTICE TO TRIBES, PARENTS, AND INDIAN CUSTODIANS; ACCESS TO FILES.

Subdivision 1.

Inquiry of Tribal lineage.

new text begin (a) new text end The child-placing agency or deleted text begin individual deleted text end petitioner shall inquire of the child, the child's parents and custodians, and other appropriate persons whether there is any reason to believe that a child brought to the agency's attention may have lineage to an Indian Tribe. This inquiry shall occur at the time the child comes to the attention of the child-placing agency or deleted text begin individual deleted text end petitioner and shall continue throughout the involvement of the child-placing agency or deleted text begin individual deleted text end petitioner.

new text begin (b) In any child placement proceeding, the court shall inquire of the child, the child's parents, custodian, and any person participating in the proceedings whether the child has any American Indian heritage or lineage to an Indian Tribe. The inquiry shall be made at the commencement of the proceeding and all responses must be on the record. The court must instruct the parties to inform the court if they subsequently receive information that provides reason to believe the child is an Indian child. new text end

new text begin (c) If there is reason to believe the child is an Indian child, but the court does not have sufficient evidence to determine whether the child is an Indian child, the court shall: new text end

new text begin (1) confirm with a report, declaration, or testimony in the record that the child-placing agency or petitioner used due diligence to identify and work with all of the Tribes for which there is reason to believe the child may be a member of or eligible for membership to verify whether the child is an Indian child; and new text end

new text begin (2) proceed with the case as if the child is an Indian child until it is determined on the record that the child does not meet the definition of Indian child. new text end

Subd. 2.

Notice deleted text begin to Tribes deleted text end of services or court proceedings involving an Indian child.

(a) When a child-placing agency new text begin or petitioner new text end has information that a family assessment, investigation, or noncaregiver sex trafficking assessment being conducted may involve an Indian child, the child-placing agency new text begin or petitioner new text end shall notify the Indian child's Tribe of the family assessment, investigation, or noncaregiver sex trafficking assessment according to section 260E.18. The child-placing agency new text begin or petitioner new text end shall provide initial notice by telephone and by email or facsimile and shall include the child's full name and date of birth; the full names and dates of birth of the child's biological parents; and if known the full names and dates of birth of the child's grandparents and of the child's Indian custodian. If information regarding the child's grandparents or Indian custodian is not immediately available, the child-placing agency new text begin or petitioner new text end shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage. The child-placing agency new text begin or petitioner new text end shall request that the Tribe or a designated Tribal representative participate in evaluating the family circumstances, identifying family and Tribal community resources, and developing case plans. The child-placing agency new text begin or petitioner new text end shall continue to include the Tribe in service planning and updates as to the progress of the case.

(b) When a child-placing agency new text begin or petitioner new text end has information that a child receiving services may be an Indian child, the child-placing agency new text begin or petitioner new text end shall notify the Tribe by telephone and by email or facsimile of the child's full name and date of birth, the full names and dates of birth of the child's biological parents, and, if known, the full names and dates of birth of the child's grandparents and of the child's Indian custodian. This notification must be provided for the Tribe to determine if the child is a member or eligible for Tribal membership, and the new text begin child-placing new text end agency new text begin or petitioner new text end must provide this notification to the Tribe within seven days of receiving information that the child may be an Indian child. If information regarding the child's grandparents or Indian custodian is not available within the seven-day period, the child-placing agency new text begin or petitioner new text end shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage.

(c) In all child placement proceedings, when a court has reason to believe that a child placed in emergency protective care is an Indian child, the court administrator or a designee shall, as soon as possible and before a hearing takes place, notify the Tribal social services agency by telephone and by email or facsimile of the date, time, and location of the emergency protective care or other initial hearing. The court shall deleted text begin make efforts to allow appearances by telephone or video conference for Tribal representatives, parents, and Indian custodians deleted text end new text begin allow appearances by telephone, video conference, or other electronic medium for Tribal representatives, the Indian child's parents, or the Indian custodian new text end .

(d) new text begin In all child placement proceedings, except for adoptive or preadoptive placement proceedings, when a court has reason to believe the child is an Indian child, new text end the child-placing agency or deleted text begin individual deleted text end petitioner shall deleted text begin effect service of any petition governed by sections 260.751 to 260.835 deleted text end new text begin provide notice of the proceedings and a copy of any petition to the Indian child's parents, Indian custodian, and the Indian child's Tribe and shall effect service of any notice and petition governed by sections 260.751 to 260.835 upon the parent, Indian custodian, and the Indian child's Tribe new text end by certified mail or registered mail, return receipt requested deleted text begin upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least 10 days before the admit-deny hearing is held deleted text end . If the identity or location of the Indian child's parents or Indian custodian deleted text begin and deleted text end new text begin or new text end Tribe cannot be determined, the child-placing agency new text begin or petitioner new text end shall provide the notice required in this paragraph to the United States Secretary of the Interior, Bureau of Indian Affairs by certified new text begin or registered new text end mail, return receipt requested. new text begin Where service is only accomplished through the United States Secretary of the Interior, Bureau of Indian Affairs, the initial hearing shall not be held until 20 days after notice upon the Tribe or the Secretary of the Interior. new text end

new text begin (e) Notice under this subdivision must be in clear and understandable language and include the following: new text end

new text begin (1) the child's name, date of birth, and birth place; new text end

new text begin (2) all names known for the parents and Indian custodian, including maiden, married, former names, and aliases, correctly spelled; new text end

new text begin (3) the dates of birth, birth place, and Tribal enrollment numbers of the Indian child, the Indian child's parents, and the Indian custodian, if known; new text end

new text begin (4) the full names, dates of birth, birth places, and Tribal enrollment or affiliation information of direct lineal ancestors of the child, other extended family members, and custodians of the child, if known; new text end

new text begin (5) the name of any and all Indian Tribes in which the child is or may be a member or eligible for membership in; and new text end

new text begin (6) statements setting out: new text end

new text begin (i) the name of the petitioner and name and address of the petitioner's attorney; new text end

new text begin (ii) the right of any parent or Indian custodian of the Indian child, to intervene in the child placement proceedings, if not already a party; new text end

new text begin (iii) the right of the Indian child's Tribe to intervene in the proceedings at any time; new text end

new text begin (iv) the right of the Indian child, the Indian child's parent, and the Indian custodian to court-appointed counsel if they meet the requirements in section 611.17; new text end

new text begin (v) the right to be granted, upon request, up to 20 additional days to prepare for the child-placement proceedings; new text end

new text begin (vi) the right of the Indian child's parent, the Indian custodian, and the Indian child's Tribe to petition the court for transfer of the proceedings to Tribal court; new text end

new text begin (vii) the mailing addresses and telephone numbers of the court and information related to all parental and custodial rights of the parent or Indian custodian; and new text end

new text begin (viii) that all parties must maintain confidentiality of all information contained in the notice and must not provide the information to anyone other than their attorney. new text end

deleted text begin (e) deleted text end new text begin (f) new text end A Tribe, the Indian child's parents, or the Indian custodian may request up to 20 additional days to prepare for the deleted text begin admit-deny deleted text end new text begin initial new text end hearing. The court shall allow appearances by telephone, video conference, or other electronic medium for Tribal representatives, the Indian child's parents, or the Indian custodian.

deleted text begin (f) deleted text end new text begin (g) new text end A child-placing agency or deleted text begin individual deleted text end petitioner must provide the notices required under this subdivision at the earliest possible time to facilitate involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing agency, deleted text begin individual deleted text end petitioner, and the court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent the Tribe from intervening in services and proceedings at a later date. A Tribe may participate in a case at any time. At any stage of the child-placing deleted text begin agency's deleted text end new text begin agency or petitioner's new text end involvement with an Indian child, the new text begin child-placing new text end agency new text begin or petitioner new text end shall provide full cooperation to the Tribal social services agency, including disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the child-placing agency new text begin or petitioner new text end of satisfying the notice requirements in state or federal law.

new text begin (h) The court shall allow appearances by telephone, video conference, or other electronic means for Tribal representatives at all hearings and trials. The court shall allow appearances by telephone, video conference, or other electronic means for the Indian child's parents or Indian custodian for all hearings, except that the court may require an in-person appearance for trials or other evidentiary or contested hearings. new text end

Subd. 3.

Notice of potential preadoptive or adoptive placement.

In any adoptive or preadoptive placement proceeding, including voluntary proceedings, where any party or participant has reason to believe that a child who is the subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child," as defined in section 260.755, subdivision 8, and United States Code, title 25, section 1903(4), the child-placing agency or deleted text begin individual deleted text end petitioner shall notify the Indian child's Tribe by registered mail or certified mail with return receipt requested of the pending proceeding and of the right of intervention under subdivision 6. If the identity or location of the new text begin Indian new text end child's Tribe cannot be determined, the notice must be given to the United States Secretary of Interior in like manner. No preadoptive or adoptive placement proceeding may be held until at least 20 days after receipt of the notice by the Tribe or the secretary. Upon request, the Tribe must be granted up to 20 additional days to prepare for the proceeding. The child-placing agency or deleted text begin individual deleted text end petitioner shall include in the notice the identity of the birth parents and new text begin Indian new text end child absent written objection by the birth parents. The child-placing agency new text begin or petitioner new text end shall inform the birth parents of the Indian child of any services available to the Indian child through the child's Tribal social services agency, including child placement services, and shall additionally provide the birth parents of the Indian child with all information sent from the Tribal social services agency in response to the notice.

Subd. 4.

Unknown father.

If the child-placing agency, deleted text begin individual deleted text end petitioner, the court, or any party has reason to believe that a child who is the subject of a child placement proceeding is or may be an Indian child but the father of the child is unknown and has not registered with the fathers' adoption registry pursuant to section 259.52, the child-placing agency or deleted text begin individual deleted text end petitioner shall provide to the Tribe believed to be the Indian child's Tribe information sufficient to enable the Tribe to determine the child's eligibility for membership in the Tribe, including, but not limited to, the legal and maiden name of the birth mother, her date of birth, the names and dates of birth of her parents and grandparents, and, if available, information pertaining to the possible identity, Tribal affiliation, or location of the birth father. new text begin If the identity or location of the Indian child's Tribe cannot be determined, the notice must be given to the United States Secretary of Interior in like manner. new text end

Subd. 5.

Proof of service of notice upon Tribe or secretary.

In cases where a child-placing agency or party to an adoptive placement knows or has reason to believe that a child is or may be an Indian child, proof of service upon the new text begin Indian new text end child's Tribe or the secretary of interior must be filed with the adoption petition.

Subd. 6.

Indian Tribe's right of intervention.

In any child placement proceeding under sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any point in the proceeding.

Subd. 6a.

Indian Tribe's access to files.

At any stage of the child-placing deleted text begin agency's deleted text end new text begin agency or petitioner's new text end involvement with an Indian child, the child-placing agency new text begin or petitioner new text end shall, upon request, give the Tribal social services agency full cooperation including access to all files concerning the Indian child. If the files contain confidential or private data, the child-placing agency new text begin or petitioner new text end may require execution of an agreement with the Tribal social services agency to maintain the data according to statutory provisions applicable to the data.

Sec. 19.

Minnesota Statutes 2023 Supplement, section 260.762, is amended to read:

260.762 DUTY TO PREVENT OUT-OF-HOME new text begin CHILD new text end PLACEMENT new text begin , PRESERVE THE CHILD'S FAMILY, new text end AND PROMOTE FAMILY REUNIFICATION; ACTIVE EFFORTS.

Subdivision 1.

Active efforts.

Active efforts includes acknowledging traditional helping and healing systems of an Indian child's Tribe and using these systems as the core to help and heal the Indian child and family new text begin regardless of whether the Indian child's Tribe has intervened in the proceedings new text end . deleted text begin Active efforts are not required to prevent voluntary out-of-home placement and to effect voluntary permanency for the Indian child. deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Requirements for child-placing agencies and individual petitioners. deleted text end

deleted text begin A child-placing agency or individual petitioner shall: deleted text end

deleted text begin (1) work with the Indian child's Tribe and family to develop an alternative plan to out-of-home placement; deleted text end

deleted text begin (2) before making a decision that may affect an Indian child's safety and well-being or when contemplating out-of-home placement of an Indian child, seek guidance from the Indian child's Tribe on family structure, how the family can seek help, what family and Tribal resources are available, and what barriers the family faces at that time that could threaten its preservation; and deleted text end

deleted text begin (3) request participation of the Indian child's Tribe at the earliest possible time and request the Tribe's active participation throughout the case. deleted text end

new text begin Subd. 2a. new text end

new text begin Required findings that active efforts were provided. new text end

new text begin (a) A court shall not order a child placement, termination of parental rights, guardianship to the commissioner of human services 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. new text end

new text begin (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: new text end

new text begin (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; new text end

new text begin (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; new text end

new text begin (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; new text end

new text begin (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; new text end

new text begin (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; new text end

new text begin (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; new text end

new text begin (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, the Department of Human Services, or other agencies with expertise in working with Indian families; new text end

new text begin (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; new text end

new text begin (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 new text end

new text begin (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. new text end

new text begin Subd. 2b. new text end

new text begin Adoptions. new text end

new text begin For adoptions under chapter 259, the court may find that active efforts were made to prevent placement of an Indian child or to reunify the Indian child with the Indian child's parents upon a finding that: (1) subdivision 2a, paragraph (b), clauses (1) to (4), were met; (2) the Indian child's parent knowingly and voluntarily consented to placement of the Indian child for adoption on the record as described in section 260.765, subdivision 3a; (3) fraud was not present, and the Indian child's parent was not under duress; (4) the Indian child's parent was offered and declined services that would enable the Indian child's parent to maintain custody of the Indian child; and (5) the Indian child's parent was counseled on alternatives to adoption, and adoption contact agreements. new text end

deleted text begin Subd. 3. deleted text end

deleted text begin Required findings that active efforts were provided. deleted text end

deleted text begin (a) Any party seeking to affect a termination of parental rights, other permanency action, or a placement where custody of an Indian child may be temporarily or permanently transferred to a person or entity who is not the Indian child's parent or Indian custodian, and where the Indian child's parent or Indian custodian cannot have the Indian child returned to their care upon demand, must satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. deleted text end

deleted text begin (b) A court shall not order an out-of-home or permanency placement for an Indian child unless the court finds that the child-placing agency made active efforts to, as required by section 260.012 and this section, provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian child's family, and that these efforts have proved unsuccessful. To the extent possible, active efforts must be 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, Indian parents, extended family, and Tribe. deleted text end

deleted text begin (c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the court, in determining whether the child-placing agency made active efforts to preserve the Indian child's family for purposes of out-of-home placement and permanency, shall ensure the provision of active efforts designed to correct the conditions that led to the out-of-home placement of the Indian child and shall make findings regarding whether the following activities were appropriate and necessary, and whether the child-placing agency made appropriate and meaningful services, whether listed in this paragraph or not, available to the family based upon that family's specific needs: deleted text end

deleted text begin (1) whether the child-placing agency made efforts at the earliest point possible to (i) identify whether a child may be an Indian child as defined in section 260.755, subdivision 8; and (ii) identify and request participation of the Indian child's Tribe at the earliest point possible and throughout the investigation or assessment, case planning, provision of services, and case completion; deleted text end

deleted text begin (2) whether the child-placing agency requested that a Tribally designated representative with substantial knowledge of prevailing social and cultural standards and child-rearing practices within the Tribal community evaluate the circumstances of the Indian child's family, provided the Tribally designated representative with all information available regarding the case, and requested that the Tribally designated representative assist in developing a case plan that uses Tribal and Indian community resources; deleted text end

deleted text begin (3) whether the child-placing agency provided concrete services and access to both Tribal and non-Tribal services to members of the Indian child's family, including but not limited to financial assistance, food, housing, health care, transportation, in-home services, community support services, and specialized services; and whether these services are being provided in an ongoing manner throughout the agency's involvement with the family, to directly assist the family in accessing and utilizing services to maintain the Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home placement has occurred; deleted text end

deleted text begin (4) whether the child-placing agency made early and ongoing efforts to identify, locate, and include extended family members; deleted text end

deleted text begin (5) whether the child-placing agency notified and consulted with the Indian child's extended family members, as identified by the child, the child's parents, or the Tribe; whether extended family members were consulted to provide support to the child and parents, to inform the child-placing agency and court as to cultural connections and family structure, to assist in identifying appropriate cultural services and supports for the child and parents, and to identify and serve as a placement and permanency resource for the child; and if there was difficulty contacting or engaging with extended family members, whether assistance was sought from the Tribe, the Department of Human Services, or other agencies with expertise in working with Indian families; deleted text end

deleted text begin (6) whether the child-placing agency provided services and resources to relatives who are considered the primary placement option for an Indian child, as agreed by the child-placing agency and the Tribe, to overcome barriers to providing care to an Indian child. Services and resources shall include but are not limited to child care assistance, financial assistance, housing resources, emergency resources, and foster care licensing assistance and resources; and deleted text end

deleted text begin (7) whether the child-placing agency arranged for visitation to occur, whenever possible, in the home of the Indian child's parent, Indian custodian, or other family member or in another noninstitutional setting, in order to keep the child in close contact with parents, siblings, and other relatives regardless of the child's age and to allow the child and those with whom the child visits to have natural, unsupervised interaction when consistent with protecting the child's safety; and whether the child-placing agency consulted with a Tribal representative to determine and arrange for visitation in the most natural setting that ensures the child's safety, when the child's safety requires supervised visitation. deleted text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 260.763, subdivision 1, is amended to read:

Subdivision 1.

Indian Tribe jurisdiction.

(a) An Indian Tribe has exclusive jurisdiction over all child placement proceedings involving an Indian child who resides or is domiciled within the reservation of the Tribe, except where jurisdiction is otherwise vested in the state by existing federal law. new text begin The child-placing agencies and the courts shall defer to a Tribal determination of the Tribe's exclusive jurisdiction when an Indian child resides or is domiciled within the reservation of the Tribe. new text end

(b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees to allow concurrent jurisdiction with the state.

(c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child placement proceeding involving an Indian child who resides or is domiciled outside of the reservation of the Tribe new text begin , or if the Tribe agrees to concurrent jurisdiction new text end .

Sec. 21.

Minnesota Statutes 2023 Supplement, section 260.763, subdivision 4, is amended to read:

Subd. 4.

Transfer of proceedings.

In any child placement proceeding, new text begin upon a motion or request by the Indian child's parent, Indian custodian, or Tribe, new text end the court, in the absence of good cause to the contrary, shall transfer the proceeding to the jurisdiction of the Tribe absent objection by either new text begin of the Indian child's new text end parent new text begin or the Indian custodian new text end . The deleted text begin petition deleted text end new text begin motion or request new text end to transfer may be deleted text begin filed deleted text end new text begin made new text end by the Indian child's parent, the Indian custodian, or the Indian child's Tribe new text begin at any stage in the proceedings by: (1) filing a written motion with the court and serving the motion upon the other parties; or (2) making a request on the record during the hearing, which shall be reflected in the court's findings. A request or motion to transfer made by a Tribal representative of the Indian child's Tribe under this subdivision shall not be considered the unauthorized practice of law new text end . The transfer is subject to declination by the Tribal court of the Tribe.

Sec. 22.

Minnesota Statutes 2023 Supplement, section 260.763, subdivision 5, is amended to read:

Subd. 5.

Good cause to deny transfer.

(a) Establishing good cause to deny transfer of jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian Affairs social services or judicial systems must not be considered in a determination that good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the burden to prove by clear and convincing evidence that good cause to deny transfer exists. Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must be served upon all parties.

(b) new text begin Upon a motion or request by an Indian child's parent, Indian custodian, or Tribe, new text end the court deleted text begin may find good cause to deny transfer to Tribal court if deleted text end new text begin shall transfer jurisdiction to a Tribal court unless the court determines that there is good cause to deny transfer based on the following new text end :

(1) the Indian child's Tribe does not have a Tribal court or any other administrative body of a Tribe vested with authority over child placement proceedings, as defined in section 260.755, subdivision 3, to which the case can be transferred, and no other Tribal court has been designated by the Indian child's Tribe; or

(2) the evidence necessary to decide the case could not be adequately presented in the Tribal court without undue hardship to the parties or the witnesses and the Tribal court is unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without evidence of undue hardship, travel distance alone is not a basis for denying a transfer.

Sec. 23.

Minnesota Statutes 2023 Supplement, section 260.765, subdivision 2, is amended to read:

Subd. 2.

Notice.

When an Indian child is voluntarily placed deleted text begin in foster care deleted text end new text begin out of the care of the Indian child's parent or Indian custodian new text end , the child-placing agency involved in the decision to place the new text begin Indian new text end child shall give notice new text begin as described in section 260.761 new text end of the placement to the new text begin Indian new text end child's parent, parents, Indian custodian, and the Tribal social services agency within seven days of placement, excluding weekends and holidays.

If a child-placing agency makes a temporary voluntary deleted text begin foster care deleted text end placement pending a decision on adoption by deleted text begin a deleted text end new text begin an Indian child's new text end parent new text begin or Indian custodian new text end , notice of the placement shall be given to the new text begin Indian new text end child's parents, Tribal social services agency, and the Indian custodian upon the filing of a petition for termination of parental rights or three months following the temporary placement, whichever occurs first.

Sec. 24.

Minnesota Statutes 2023 Supplement, section 260.765, subdivision 3a, is amended to read:

Subd. 3a.

Court requirements for consent.

Where any parent or Indian custodian voluntarily consents to a deleted text begin foster care deleted text end new text begin child new text end placement or to termination of parental rights new text begin or adoption new text end , the consent shall not be valid unless executed in writing and recorded before a judge and accompanied by the presiding judge's finding that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also find that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language the parent or Indian custodian understood. Any consent given prior to, or within ten days after, the birth of an Indian child shall not be valid.

Sec. 25.

Minnesota Statutes 2023 Supplement, section 260.765, subdivision 4b, is amended to read:

Subd. 4b.

Collateral attack; vacation of decree and return of custody; limitations.

After the entry of a final decree of adoption of an Indian child in any state court, the new text begin Indian child's new text end parent may withdraw consent upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the new text begin Indian new text end child to the new text begin Indian child's new text end parent. No adoption that has been effective for at least two years may be invalidated under the provisions of this subdivision unless otherwise permitted under a provision of state law.

Sec. 26.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1a, is amended to read:

Subd. 1a.

Active efforts.

In any child placement proceeding, the child-placing agency or deleted text begin individual deleted text end petitioner shall ensure that appropriate active efforts as described in section 260.762 are provided to the Indian child's parent or parents, Indian custodian, and family to support reunification and preservation of the new text begin Indian new text end child's placement with and relationship to the Indian child's new text begin extended new text end family.

Sec. 27.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1b, is amended to read:

Subd. 1b.

Placement preference.

In any child placement proceeding, the child-placing agency or deleted text begin individual deleted text end petitioner shall follow the placement preferences described in section 260.773 or, where preferred placement is not available even with the provision of active efforts, shall follow section 260.773, subdivisions 12 to 15.

Sec. 28.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1c, is amended to read:

Subd. 1c.

Identification of extended family members.

Any child-placing agency or deleted text begin individual deleted text end petitioner considering placement of an Indian child shall deleted text begin make deleted text end new text begin ensure new text end active efforts new text begin are made new text end to identify and locate siblings and extended family members and to explore placement with deleted text begin an deleted text end extended family deleted text begin member and facilitate continued involvement in the Indian child's life deleted text end new text begin members and ensure the Indian child's relationship with the Indian child's extended family and Tribe new text end .

Sec. 29.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 2b, is amended to read:

Subd. 2b.

Appointment of counsel.

(a) In any state court child placement proceeding, new text begin including but not limited to any proceeding where the petitioner or another party seeks to temporarily or permanently remove an Indian child from new text end the new text begin Indian child's new text end parent or parents or Indian custodian new text begin , the Indian child's parent or parents or Indian custodian new text end shall have the right to be represented by an attorney. If the parent or parents or Indian custodian cannot afford an attorney and meet the requirements of section 611.17, an attorney will be appointed to represent them.

(b) In any state court child placement proceeding, any new text begin Indian new text end child ten years of age or older shall have the right to court-appointed counsel. new text begin The court may appoint counsel for any Indian child under ten years of age in any state court child placement proceeding if the court determines that appointment is appropriate and in the best interest of the Indian child. new text end

new text begin (c) If the court appoints counsel to represent a person pursuant to this subdivision, the court shall appoint counsel to represent the person prior to the first hearing on the petition, but may appoint counsel at any stage of the proceeding if the court deems it necessary. The court shall not appoint a public defender to represent the person unless such appointment is authorized by section 611.14. new text end

Sec. 30.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 2d, is amended to read:

Subd. 2d.

Tribal access to files and other documents.

At any subsequent stage of the child-placing agency new text begin or petitioner's new text end involvement with an Indian child, the child-placing agency or deleted text begin individual deleted text end new text begin petitioner new text end shall, upon request, give the Tribal social services agency full cooperation including access to all files concerning the Indian child. If the files contain confidential or private data, the child-placing agency or deleted text begin individual deleted text end new text begin petitioner new text end may require execution of an agreement with the Tribal social services agency specifying that the Tribal social services agency shall maintain the data according to statutory provisions applicable to the data.

Sec. 31.

Minnesota Statutes 2023 Supplement, section 260.771, is amended by adding a subdivision to read:

new text begin Subd. 2e. new text end

new text begin Participation of Indian child's Tribe in court proceedings. new text end

new text begin (a) In any child placement proceeding that involves an Indian child, any Tribe that the Indian child may be eligible for membership in, as determined by the Tribe, is a party to the proceedings without the need to file a motion. new text end

new text begin (b) An Indian child's Tribe, Tribal representative, or attorney representing the Tribe: new text end

new text begin (1) may appear remotely at hearings by telephone, video conference, or other electronic medium without prior request; new text end

new text begin (2) is not required to use the court's electronic filing and service system and may use United States mail, facsimile, or other alternative method for filing and service; new text end

new text begin (3) may file documents with the court using an alternative method that the clerk of court shall accept and file electronically; new text end

new text begin (4) is exempt from any filing fees required under section 357.021; and new text end

new text begin (5) is exempt from the pro hac vice requirements of Rule 5 of the Minnesota General Rules of Practice. new text end

Sec. 32.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 6, is amended to read:

Subd. 6.

Qualified expert witness and evidentiary requirements.

(a) In deleted text begin an deleted text end new text begin any new text end involuntary deleted text begin foster care deleted text end placement proceeding, the court must determine by clear and convincing evidence, including testimony of a qualified expert witness, that continued custody of the new text begin Indian new text end child by the parent or Indian custodian is likely to result in serious emotional damage or serious physical damage to the new text begin Indian new text end child.

In a termination of parental rights proceeding, the court must determine by evidence beyond a reasonable doubt, including testimony of a qualified expert witness, that continued custody of the new text begin Indian new text end child by the parent or Indian custodian is likely to result in serious emotional damage or serious physical damage to the new text begin Indian new text end child.

In an involuntary permanent transfer of legal and physical custody deleted text begin proceeding deleted text end , permanent custody to the agency deleted text begin proceeding deleted text end , temporary custody to the agency, or other permanency proceeding, the court must determine by clear and convincing evidence, including testimony of a qualified expert witness, that the continued custody of the Indian child by the Indian child's parent or parents or Indian custodian is likely to result in serious emotional damage or serious physical damage to the new text begin Indian new text end child. Qualified expert witness testimony is not required where custody is transferred to the Indian child's parent.

Testimony of a qualified expert witness shall be provided for involuntary deleted text begin foster care deleted text end new text begin child new text end placement and permanency proceedings independently.

(b) The child-placing agency, deleted text begin individual deleted text end petitioner, or any other party shall make diligent efforts to locate and present to the court a qualified expert witness designated by the Indian child's Tribe. The qualifications of a qualified expert witness designated by the Indian child's Tribe are not subject to a challenge in Indian child placement proceedings.

(c) If a party cannot obtain testimony from a Tribally designated qualified expert witness, the party shall submit to the court the diligent efforts made to obtain a Tribally designated qualified expert witness.

(d) If clear and convincing evidence establishes that a party's diligent efforts cannot produce testimony from a Tribally designated qualified expert witness, the party shall demonstrate to the court that a proposed qualified expert witness is, in descending order of preference:

(1) a member of the new text begin Indian new text end child's Tribe who is recognized by the Indian child's Tribal community as knowledgeable in Tribal customs as they pertain to family organization and child-rearing practices; or

(2) an Indian person from an Indian community who has substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and contemporary and traditional child-rearing practices of the Indian child's Tribe.

If clear and convincing evidence establishes that diligent efforts have been made to obtain a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have not been successful, a party may use an expert witness, as defined by the Minnesota Rules of Evidence, rule 702, who has substantial experience in providing services to Indian families and who has substantial knowledge of prevailing social and cultural standards and child-rearing practices within the Indian community. The court or any party may request the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the Indian child's Tribe in locating persons qualified to serve as expert witnesses.

(e) The court may allow alternative methods of participation and testimony in state court proceedings by a qualified expert witness, such as participation or testimony by telephone, deleted text begin videoconferencing deleted text end new text begin video conference new text end , or other deleted text begin methods deleted text end new text begin electronic medium new text end .

Sec. 33.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 1, is amended to read:

Subdivision 1.

Least restrictive setting.

In all proceedings where custody of the Indian child may be removed from the new text begin Indian child's new text end parent new text begin or Indian custodian new text end , the Indian child shall be placed in the least restrictive setting which most approximates a family and in which the Indian child's special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child.

Sec. 34.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 2, is amended to read:

Subd. 2.

Tribe's order of placement recognized.

In the case of a placement under subdivision 3 or 4, if the Indian child's Tribe has established a different order of placement preference by resolution, the child-placing agency new text begin or petitioner new text end and the court shall recognize the Indian child's Tribe's order of placement in the form provided by the Tribe.

Sec. 35.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 3, is amended to read:

Subd. 3.

Placement deleted text begin options deleted text end new text begin preferences for temporary proceedings new text end .

Preference shall be given, in the absence of good cause to the contrary, to a placement with:

(1) a noncustodial parent or Indian custodian;

(2) a member of the new text begin Indian new text end child's extended family;

(3) a foster home licensed, approved, or specified by the Indian child's Tribe;

(4) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or

(5) an institution for children approved by an Indian Tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.

Sec. 36.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 4, is amended to read:

Subd. 4.

Placement deleted text begin preference deleted text end new text begin preferences for permanent proceedings new text end .

In any adoptive placement, transfer of custody placement, or other permanency placement of an Indian child, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

(1) the Indian child's noncustodial parent or Indian custodian;

(2) a member of the new text begin Indian new text end child's extended family;

(3) other members of the Indian child's Tribe; or

(4) other persons or entities recognized as appropriate to be a permanency resource for the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe.

Sec. 37.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 5, is amended to read:

Subd. 5.

Suitability of placement.

The deleted text begin county deleted text end new text begin child-placing agency and petitioner new text end shall defer to the judgment of the Indian child's Tribe as to the suitability of a placement.

Sec. 38.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 10, is amended to read:

Subd. 10.

Exceptions to placement preferences.

The court shall follow the placement preferences in subdivisions 1 to 9, except as follows:

(1) where a parent evidences a desire for anonymity, the child-placing agency new text begin or petitioner new text end and the court shall give weight to the parent's desire for anonymity in applying the preferences. A parent's desire for anonymity does not excuse the application of sections 260.751 to 260.835; or

(2) where the court determines there is good cause based on:

(i) the reasonable request of the Indian child's parents, if one or both parents attest that they have reviewed the placement options that comply with the order of placement preferences;

(ii) the reasonable request of the Indian child if the new text begin Indian new text end child is able to understand and comprehend the decision that is being made;

(iii) the testimony of a qualified expert designated by the new text begin Indian new text end child's Tribe and, if necessary, testimony from an expert witness who meets qualifications of section 260.771, subdivision 6, paragraph (d), clause (2), that supports placement outside the order of placement preferences due to extraordinary physical or emotional needs of the new text begin Indian new text end child that require highly specialized services; or

(iv) the testimony by the child-placing agency new text begin or petitioner new text end that a diligent search has been conducted that did not locate any available, suitable families for the new text begin Indian new text end child that meet the placement preference criteria.

Sec. 39.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 11, is amended to read:

Subd. 11.

Factors considered in determining placement.

Testimony of the new text begin Indian new text end child's bonding or attachment to a foster family alone, without the existence of at least one of the factors in subdivision 10, clause (2), shall not be considered good cause to keep an Indian child in a lower preference or nonpreference placement. Ease of visitation and facilitation of relationship with the Indian child's parents, Indian custodian, extended family, or Tribe may be considered when determining placement.

Sec. 40.

Minnesota Statutes 2023 Supplement, section 260.774, subdivision 1, is amended to read:

Subdivision 1.

Improper removal.

In any proceeding where custody of the Indian child was improperly removed from the parent or deleted text begin parents deleted text end new text begin Indian custodian new text end or where the petitioner has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the Indian child to the Indian child's parent deleted text begin or parents deleted text end or Indian custodian unless returning the Indian child to the Indian child's parent deleted text begin or parents deleted text end or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger.

Sec. 41.

Minnesota Statutes 2023 Supplement, section 260.774, subdivision 2, is amended to read:

Subd. 2.

Invalidation.

(a) Any order for deleted text begin out-of-home deleted text end new text begin child new text end placement, transfer of custody, termination of parental rights, or other permanent change in custody of an Indian child shall be invalidated upon a showing, by a preponderance of the evidence, that a violation of any one of the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or 260.7745 has occurred.

(b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or Indian Tribe may file a petition new text begin or motion new text end to invalidate under this subdivision.

(c) Upon a finding that a violation of one of the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or 260.7745 has occurred, the court shall:

(1) dismiss the petition without prejudice; deleted text begin and deleted text end

(2) return the Indian child to the care, custody, and control of the parent or parents or Indian custodian, unless the Indian child would be subjected to imminent new text begin physical new text end damage or harm deleted text begin . deleted text end new text begin ; and new text end

new text begin (3) determine whether the Indian child's parent or Indian custodian has been assessed placement costs and order reimbursement of those costs. new text end

new text begin (d) Upon a finding that a willful, intentional, knowing, or reckless violation of one of the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or 260.7745 has occurred, the court may consider whether sanctions, reasonable costs, and attorney fees should be imposed against the offending party. new text end

Sec. 42.

Minnesota Statutes 2023 Supplement, section 260.774, subdivision 3, is amended to read:

Subd. 3.

Return of custody following adoption.

(a) Whenever a final decree of adoption of an Indian child has been vacated, set aside, or there is a termination of the parental rights of the adoptive parents to the new text begin Indian new text end child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in proceedings subject to the provision of sections 260.751 to 260.835, that the return of custody is not in the best interests of the Indian child.

(b) The county attorney, Indian child, Indian child's Tribe, new text begin Indian custodian, new text end or deleted text begin a deleted text end new text begin an Indian child's new text end parent whose parental rights were terminated under a previous order of the court may file a petition for the return of custody.

(c) A petition for return of custody may be filed in court when:

(1) the parent or Indian custodian has corrected the conditions that led to an order terminating parental rights;

(2) the parent or Indian custodian is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the Indian child; and

(3) the adoption has been vacated, set aside, or termination of the parental rights of the adoptive parents to the Indian child has occurred.

(d) A petition for reestablishment of the legal parent and child relationship for deleted text begin a deleted text end new text begin an Indian new text end child who has not been adopted must meet the requirements in section 260C.329.

Sec. 43.

Minnesota Statutes 2022, section 260.775, is amended to read:

260.775 PLACEMENT RECORDS.

(a) The commissioner of human services shall publish annually an inventory of all Indian children in residential facilities. The inventory shall include, by county and statewide, information on legal status, living arrangement, age, sex, Tribe in which the new text begin Indian new text end child is a member or eligible for membership, accumulated length of time in foster care, and other demographic information deemed appropriate concerning all Indian children in residential facilities. The report must also state the extent to which authorized child-placing agencies comply with the order of preference described in United States Code, title 25, section 1901, et seq. The commissioner shall include the information required under this paragraph in the annual report on child maltreatment and on children in deleted text begin out-of-home deleted text end placement under section 257.0725.

(b) This section expires January 1, 2032.

Sec. 44.

Minnesota Statutes 2023 Supplement, section 260.781, subdivision 1, is amended to read:

Subdivision 1.

Court decree information.

(a) A state court entering a final decree or order in an Indian child adoptive placement shall provide the Department of Human Services and the child's Tribal social services agency with a copy of the decree or order together with such other information to show:

(1) the name and Tribal affiliation of the new text begin Indian new text end child;

(2) the names and addresses of the biological parents new text begin and Indian custodian, if any new text end ;

(3) the names and addresses of the adoptive parents; and

(4) the identity of any agency having files or information relating to the adoptive placement.

If the court records contain an affidavit of the biological or adoptive deleted text begin parent or deleted text end parents new text begin or Indian custodian new text end requesting anonymity, the court shall delete the name and address of the biological or adoptive parents new text begin or Indian custodian new text end from the information sent to the new text begin Indian new text end child's Tribal social services agency. The court shall include the affidavit with the other information provided to the Minnesota Department of Human Services and the Secretary of the Interior. The Minnesota Department of Human Services shall and the Secretary of the Interior is requested to ensure that the confidentiality of the information is maintained and the information shall not be subject to the Freedom of Information Act, United States Code, title 5, section 552, as amended.

(b) For:

(1) disclosure of information for deleted text begin enrollment deleted text end new text begin membership new text end of an Indian child in the Tribe;

(2) determination of member rights or benefits; or

(3) certification of entitlement to membership upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian Tribe,

the Secretary of the Interior is requested to disclose any other necessary information for the membership of an Indian child in the Tribe in which the Indian child may be eligible for membership or for determining any rights or benefits associated with that membership. Where the documents relating to the Indian child contain an affidavit from the biological parent or deleted text begin parents deleted text end new text begin Indian custodian new text end requesting anonymity, the Secretary of the Interior is requested to certify to the Indian child's Tribe, where the information warrants, that the Indian child's parentage and other circumstances of birth entitle the Indian child to membership under the criteria established by the Tribe.

Sec. 45.

Minnesota Statutes 2022, section 260.785, subdivision 1, is amended to read:

Subdivision 1.

Primary support grants.

The commissioner shall establish direct grants to Indian Tribes, Indian organizations, and Tribal social services agency programs located off-reservation that serve Indian children and their families to provide primary support for Indian child welfare programs to implement the new text begin Minnesota new text end Indian Family Preservation Act.

Sec. 46.

Minnesota Statutes 2022, section 260.785, subdivision 3, is amended to read:

Subd. 3.

Compliance grants.

The commissioner shall establish direct grants to an Indian child welfare defense corporation, as defined in Minnesota Statutes 1996, section 611.216, subdivision 1a, to promote statewide compliance with the new text begin Minnesota new text end Indian Family Preservation Act and the Indian Child Welfare Act, United States Code, title 25, section 1901, et seq. The commissioner shall give priority consideration to applicants with demonstrated capability of providing legal advocacy services statewide.

Sec. 47.

Minnesota Statutes 2023 Supplement, section 260.786, subdivision 2, is amended to read:

Subd. 2.

Purposes.

Money must be used to address staffing for responding to notifications under the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family Preservation Act, to the extent necessary, or to provide other child protection and child welfare services. Money must not be used to supplant current Tribal expenditures for these purposes.

Sec. 48.

Minnesota Statutes 2023 Supplement, section 260.795, subdivision 1, is amended to read:

Subdivision 1.

Types of services.

(a) Eligible Indian child welfare services provided under primary support grants include:

(1) placement prevention and reunification services;

(2) family-based services;

(3) individual and family counseling;

(4) access to professional individual, group, and family counseling;

(5) crisis intervention and crisis counseling;

(6) development of foster and adoptive placement resources, including recruitment, licensing, and support;

(7) court advocacy;

(8) training and consultation to county and private social services agencies regarding the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;

(9) advocacy in working with the county and private social services agencies, and activities to help provide access to agency services, including but not limited to 24-hour caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12 months, access to emergency financial assistance, and arrangements to provide temporary respite care to a family for up to 72 hours consecutively or 30 days in 12 months;

(10) transportation services to the child and parents to prevent placement or reunite the family; and

(11) other activities and services approved by the commissioner that further the goals of the new text begin federal new text end Indian Child Welfare Act and the new text begin Minnesota new text end Indian Family Preservation Act, including but not limited to recruitment of Indian staff for child-placing agencies and licensed child-placing agencies. The commissioner may specify the priority of an activity and service based on its success in furthering these goals.

(b) Eligible services provided under special focus grants include:

(1) permanency planning activities that meet the special needs of Indian families;

(2) teenage pregnancy;

(3) independent living skills;

(4) family and community involvement strategies to combat child abuse and chronic neglect of children;

(5) coordinated child welfare and mental health services to Indian families;

(6) innovative approaches to assist Indian youth to establish better self-image, decrease isolation, and decrease the suicide rate;

(7) expanding or improving services by packaging and disseminating information on successful approaches or by implementing models in Indian communities relating to the development or enhancement of social structures that increase family self-reliance and links with existing community resources;

(8) family retrieval services to help adopted individuals reestablish legal affiliation with the Indian Tribe; and

(9) other activities and services approved by the commissioner that further the goals of the new text begin federal new text end Indian Child Welfare Act and the new text begin Minnesota new text end Indian Family Preservation Act. The commissioner may specify the priority of an activity and service based on its success in furthering these goals.

(c) The commissioner shall give preference to programs that use Indian staff, contract with Indian organizations or Tribes, or whose application is a joint effort between the Indian and non-Indian community to achieve the goals of the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. Programs must have input and support from the Indian community.

Sec. 49.

Minnesota Statutes 2022, section 260.810, subdivision 3, is amended to read:

Subd. 3.

Final report.

A final evaluation report must be submitted by each approved program new text begin to the commissioner new text end . It must include client outcomes, cost and effectiveness in meeting the goals of the new text begin Minnesota new text end Indian Family Preservation Act and permanency planning goals. new text begin The commissioner must compile the final reports into one document and provide a copy to each Tribe. new text end

Sec. 50.

Minnesota Statutes 2022, section 260C.007, subdivision 26b, is amended to read:

Subd. 26b.

Relative of an Indian child.

"Relative of an Indian child" means a person who is a member of the Indian child's family as defined in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903, paragraphs (2), (6), and (9) new text begin , and who is an extended family member as defined in section 260.755, subdivision 5b, of the Minnesota Indian Family Preservation Act. new text end

Sec. 51.

Minnesota Statutes 2022, section 260C.178, subdivision 1, as amended by Laws 2024, chapter 80, article 8, section 24, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a hearing within 72 hours of the time that the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue to be in custody.

(b) Unless there is reason to believe that the child would endanger self or others or not return for a court hearing, or that the child's health or welfare would be immediately endangered, the child shall be released to the custody of a parent, guardian, custodian, or other suitable person, subject to reasonable conditions of release including, but not limited to, a requirement that the child undergo a chemical use assessment as provided in section 260C.157, subdivision 1.

(c) If the court determines that there is reason to believe that the child would endanger self or others or not return for a court hearing, or that the child's health or welfare would be immediately endangered if returned to the care of the parent or guardian who has custody and from whom the child was removed, the court shall order the child:

(1) into the care of the child's noncustodial parent and order the noncustodial parent to comply with any conditions that the court determines appropriate to ensure the safety and care of the child, including requiring the noncustodial parent to cooperate with paternity establishment proceedings if the noncustodial parent has not been adjudicated the child's father; or

(2) into foster care as defined in section 260C.007, subdivision 18, under the legal responsibility of the responsible social services agency or responsible probation or corrections agency for the purposes of protective care as that term is used in the juvenile court rules. The court shall not give the responsible social services legal custody and order a trial home visit at any time prior to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order the child returned to the care of the parent or guardian who has custody and from whom the child was removed and order the parent or guardian to comply with any conditions the court determines to be appropriate to meet the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately endangered, the court shall consider whether the child would reside with a perpetrator of domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in foster care under the protective care of the responsible agency, shall also make a determination, consistent with section 260.012 as to whether reasonable efforts were made to prevent placement or whether reasonable efforts to prevent placement are not required. In the case of an Indian child, the court shall determine whether active efforts, according to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), were made to prevent placement. The court shall enter a finding that the responsible social services agency has made reasonable efforts to prevent placement when the agency establishes either:

(1) that the agency has actually provided services or made efforts in an attempt to prevent the child's removal but that such services or efforts have not proven sufficient to permit the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing that could safely permit the child to remain home or to return home. The court shall not make a reasonable efforts determination under this clause unless the court is satisfied that the agency has sufficiently demonstrated to the court that there were no services or other efforts that the agency was able to provide at the time of the hearing enabling the child to safely remain home or to safely return home. When reasonable efforts to prevent placement are required and there are services or other efforts that could be ordered that would permit the child to safely return home, the court shall order the child returned to the care of the parent or guardian and the services or efforts put in place to ensure the child's safety. When the court makes a prima facie determination that one of the circumstances under paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement and to return the child to the care of the parent or guardian are not required.

(f) If the court finds the social services agency's preventive or reunification efforts have not been reasonable but further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.

(g) The court may not order or continue the foster care placement of the child unless the court makes explicit, individualized findings that continued custody of the child by the parent or guardian would be contrary to the welfare of the child and that placement is in the best interest of the child.

(h) At the emergency removal hearing, or at any time during the course of the proceeding, and upon notice and request of the county attorney, the court shall determine whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a relative under a juvenile protection proceeding or a similar process of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile and therefore unreasonable.

(i) When a petition to terminate parental rights is required under section 260C.301, subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to proceed with a termination of parental rights petition, and has instead filed a petition to transfer permanent legal and physical custody to a relative under section 260C.507, the court shall schedule a permanency hearing within 30 days of the filing of the petition.

(j) If the county attorney has filed a petition under section 260C.307, the court shall schedule a trial under section 260C.163 within 90 days of the filing of the petition except when the county attorney determines that the criminal case shall proceed to trial first under section 260C.503, subdivision 2, paragraph (c).

(k) If the court determines the child should be ordered into foster care and the child's parent refuses to give information to the responsible social services agency regarding the child's father or relatives of the child, the court may order the parent to disclose the names, addresses, telephone numbers, and other identifying information to the responsible social services agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212, 260C.215, 260C.219, and 260C.221.

(l) If a child ordered into foster care has siblings, whether full, half, or step, who are also ordered into foster care, the court shall inquire of the responsible social services agency of the efforts to place the children together as required by section 260C.212, subdivision 2, paragraph (d), if placement together is in each child's best interests, unless a child is in placement for treatment or a child is placed with a previously noncustodial parent who is not a parent to all siblings. If the children are not placed together at the time of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place the siblings together, as required under section 260.012. If any sibling is not placed with another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing contact among the siblings as required under section 260C.212, subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.

(m) When the court has ordered the child into the care of a noncustodial parent or in foster care, the court may order a chemical dependency evaluation, mental health evaluation, medical examination, and parenting assessment for the parent as necessary to support the development of a plan for reunification required under subdivision 7 and section 260C.212, subdivision 1, or the child protective services plan under section 260E.26, and Minnesota Rules, part 9560.0228.

new text begin (n) When the court has ordered an Indian child into an emergency child placement, the Indian child shall be placed according to the placement preferences in the Minnesota Indian Family Preservation Act, section 260.773. new text end

Sec. 52.

Minnesota Statutes 2022, section 260D.01, is amended to read:

260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.

(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for treatment" provisions of the Juvenile Court Act.

(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary foster care for treatment upon the filing of a report or petition required under this chapter. All obligations of the responsible social services agency to a child and family in foster care contained in chapter 260C not inconsistent with this chapter are also obligations of the agency with regard to a child in foster care for treatment under this chapter.

(c) This chapter shall be construed consistently with the mission of the children's mental health service system as set out in section 245.487, subdivision 3, and the duties of an agency under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the needs of a child with a developmental disability or related condition. This chapter:

(1) establishes voluntary foster care through a voluntary foster care agreement as the means for an agency and a parent to provide needed treatment when the child must be in foster care to receive necessary treatment for an emotional disturbance or developmental disability or related condition;

(2) establishes court review requirements for a child in voluntary foster care for treatment due to emotional disturbance or developmental disability or a related condition;

(3) establishes the ongoing responsibility of the parent as legal custodian to visit the child, to plan together with the agency for the child's treatment needs, to be available and accessible to the agency to make treatment decisions, and to obtain necessary medical, dental, and other care for the child;

(4) applies to voluntary foster care when the child's parent and the agency agree that the child's treatment needs require foster care either:

(i) due to a level of care determination by the agency's screening team informed by the child's diagnostic and functional assessment under section 245.4885; or

(ii) due to a determination regarding the level of services needed by the child by the responsible social services agency's screening team under section 256B.092, and Minnesota Rules, parts 9525.0004 to 9525.0016; and

(5) includes the requirements for a child's placement in sections 260C.70 to 260C.714, when the juvenile treatment screening team recommends placing a child in a qualified residential treatment program, except as modified by this chapter.

(d) This chapter does not apply when there is a current determination under chapter 260E that the child requires child protective services or when the child is in foster care for any reason other than treatment for the child's emotional disturbance or developmental disability or related condition. When there is a determination under chapter 260E that the child requires child protective services based on an assessment that there are safety and risk issues for the child that have not been mitigated through the parent's engagement in services or otherwise, or when the child is in foster care for any reason other than the child's emotional disturbance or developmental disability or related condition, the provisions of chapter 260C apply.

(e) The paramount consideration in all proceedings concerning a child in voluntary foster care for treatment is the safety, health, and the best interests of the child. The purpose of this chapter is:

(1) to ensure that a child with a disability is provided the services necessary to treat or ameliorate the symptoms of the child's disability;

(2) to preserve and strengthen the child's family ties whenever possible and in the child's best interests, approving the child's placement away from the child's parents only when the child's need for care or treatment requires out-of-home placement and the child cannot be maintained in the home of the parent; and

(3) to ensure that the child's parent retains legal custody of the child and associated decision-making authority unless the child's parent willfully fails or is unable to make decisions that meet the child's safety, health, and best interests. The court may not find that the parent willfully fails or is unable to make decisions that meet the child's needs solely because the parent disagrees with the agency's choice of foster care facility, unless the agency files a petition under chapter 260C, and establishes by clear and convincing evidence that the child is in need of protection or services.

(f) The legal parent-child relationship shall be supported under this chapter by maintaining the parent's legal authority and responsibility for ongoing planning for the child and by the agency's assisting the parent, when necessary, to exercise the parent's ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing planning means:

(1) actively participating in the planning and provision of educational services, medical, and dental care for the child;

(2) actively planning and participating with the agency and the foster care facility for the child's treatment needs;

(3) planning to meet the child's need for safety, stability, and permanency, and the child's need to stay connected to the child's family and community;

(4) engaging with the responsible social services agency to ensure that the family and permanency team under section 260C.706 consists of appropriate family members. For purposes of voluntary placement of a child in foster care for treatment under chapter 260D, prior to forming the child's family and permanency team, the responsible social services agency must consult with the child's parent or legal guardian, the child if the child is 14 years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding which individuals to include on the team and to ensure that the team is family-centered and will act in the child's best interests. If the child, child's parents, or legal guardians raise concerns about specific relatives or professionals, the team should not include those individuals unless the individual is a treating professional or an important connection to the youth as outlined in the case or crisis plan; and

(5) for a voluntary placement under this chapter in a qualified residential treatment program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a relative search as provided in section 260C.221, the county agency must consult with the child's parent or legal guardian, the child if the child is 14 years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding which adult relatives the county agency should notify. If the child, child's parents, or legal guardians raise concerns about specific relatives, the county agency should not notify those relatives.

(g) The provisions of section 260.012 to ensure placement prevention, family reunification, and all active and reasonable effort requirements of that section apply. deleted text begin This deleted text end deleted text begin chapter shall be construed consistently with the requirements of the Indian Child Welfare deleted text end deleted text begin Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the deleted text end deleted text begin Minnesota Indian Family Preservation Act, sections 260.751 to 260.835. deleted text end

Sec. 53.

new text begin [260D.011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT. new text end

new text begin Proceedings under this chapter concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the federal Indian Child Welfare Act or the Minnesota Indian Family Preservation Act. new text end

Sec. 54.

new text begin [260E.015] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT. new text end

new text begin Proceedings under this chapter concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the federal Indian Child Welfare Act or the Minnesota Indian Family Preservation Act. new text end

Sec. 55.

new text begin [524.5-2011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT. new text end

new text begin Proceedings under this chapter concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the federal Indian Child Welfare Act or the Minnesota Indian Family Preservation Act. new text end

Sec. 56.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2022, section 260.755, subdivision 13, new text end new text begin is repealed. new text end

ARTICLE 18

CHILDREN AND FAMILIES POLICY

Section 1.

Minnesota Statutes 2023 Supplement, section 119B.011, subdivision 15, is amended to read:

Subd. 15.

Income.

"Income" means earned income as defined under section 256P.01, subdivision 3 deleted text begin , deleted text end new text begin ; new text end unearned income as defined under section 256P.01, subdivision 8 deleted text begin , deleted text end new text begin ; income under Minnesota Rules, part 3400.0170; new text end and public assistance cash benefits, including the Minnesota family investment program, work benefit, Minnesota supplemental aid, general assistance, refugee cash assistance, at-home infant child care subsidy payments, and child support and maintenance distributed to the family under section 256.741, subdivision 2a.

The following are deducted from income: funds used to pay for health insurance premiums for family members, and child or spousal support paid to or on behalf of a person or persons who live outside of the household. Income sources not included in this subdivision deleted text begin and deleted text end new text begin ; new text end section 256P.06, subdivision 3 deleted text begin , deleted text end new text begin ; and Minnesota Rules, part 3400.0170, new text end are not counted as income.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 119B.16, subdivision 1a, is amended to read:

Subd. 1a.

Fair hearing allowed for providers.

(a) This subdivision applies to providers caring for children receiving child care assistance.

(b) A provider may request a fair hearing according to sections 256.045 and 256.046 only if a county agency or the commissioner:

(1) denies or revokes a provider's authorization, unless the action entitles the provider to:

(i) an administrative review under section 119B.161; or

(ii) a contested case hearing or an administrative reconsideration under section 245.095;

(2) assigns responsibility for an overpayment to a provider under section 119B.11, subdivision 2a;

(3) establishes an overpayment for failure to comply with section 119B.125, subdivision 6;

(4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4, paragraph (c), clause (2);

new text begin (5) ends a provider's rate differential under section 119B.13, subdivision 3a or 3b; new text end

deleted text begin (5) deleted text end new text begin (6) new text end initiates an administrative fraud disqualification deleted text begin hearing deleted text end ; or

deleted text begin (6) deleted text end new text begin (7) new text end issues a payment and the provider disagrees with the amount of the payment.

(c) A provider may request a fair hearing by submitting a written request to the deleted text begin Department of Human Services, Appeals Division deleted text end new text begin state agency new text end . A provider's request must be received by the deleted text begin Appeals Division deleted text end new text begin state agency new text end no later than 30 days after the date a county or the commissioner deleted text begin mails deleted text end new text begin sends new text end the notice new text begin under subdivision 1c new text end .

(d) The provider's appeal request must contain the following:

(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the dollar amount involved for each disputed item;

(2) the computation the provider believes to be correct, if applicable;

(3) the statute or rule relied on for each disputed item; and

(4) the name, address, and telephone number of the person at the provider's place of business with whom contact may be made regarding the appeal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 119B.16, subdivision 1c, is amended to read:

Subd. 1c.

Notice to providers.

(a) Before taking an action appealable under subdivision 1a, paragraph (b), new text begin clauses (1) to (5), new text end a county agency or the commissioner must deleted text begin mail deleted text end new text begin send new text end written notice to the provider against whom the action is being taken. Unless otherwise specified under this chapter, chapter 245E, or Minnesota Rules, chapter 3400, a county agency or the commissioner must deleted text begin mail deleted text end new text begin send new text end the written notice at least 15 calendar days before the adverse action's effective date. new text begin If the appealable action is a denial of an authorization under subdivision 1a, paragraph (b), clause (1), the provider's notice is effective on the date the notice is sent. new text end

(b) The notice new text begin of adverse action in paragraph (a) new text end shall state (1) the factual basis for the county agency or department's determination, (2) the action the county agency or department intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known, and (4) the provider's right to appeal the department's proposed action.

new text begin (c) Notice requirements for administrative fraud disqualifications under subdivision 1a, paragraph (b), clause (6), are set forth in section 256.046, subdivision 3. new text end

new text begin (d) A provider must receive notices that include: new text end

new text begin (1) the right to appeal if a county issues a payment and the provider disagrees with the amount of the payment under subdivision 1a, paragraph (b), clause (7), at the time of authorization and reauthorization under section 119B.125, subdivision 1; and new text end

new text begin (2) the amount of each payment when a payment is issued. new text end

new text begin (e) A provider's request to appeal a payment amount must be received by the state agency no later than 30 days after the date a county sends the notice informing the provider of its payment amount. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 119B.161, subdivision 2, is amended to read:

Subd. 2.

Notice.

(a) The commissioner must deleted text begin mail deleted text end new text begin send new text end written notice to a provider within five days of suspending payment or denying or revoking the provider's authorization under subdivision 1.

(b) The notice must:

(1) state the provision under which the commissioner is denying, revoking, or suspending the provider's authorization or suspending payment to the provider;

(2) set forth the general allegations leading to the denial, revocation, or suspension of the provider's authorization. The notice need not disclose any specific information concerning an ongoing investigation;

(3) state that the denial, revocation, or suspension of the provider's authorization is for a temporary period and explain the circumstances under which the action expires; and

(4) inform the provider of the right to submit written evidence and argument for consideration by the commissioner.

(c) Notwithstanding Minnesota Rules, part 3400.0185, if the commissioner suspends payment to a provider under chapter 245E or denies or revokes a provider's authorization under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2), a county agency or the commissioner must send notice of service authorization closure to each affected family. The notice sent to an affected family is effective on the date the notice is created.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 5.

Minnesota Statutes 2022, section 121A.15, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunizations.

(a) If a person is at least seven years old and has not been immunized against pertussis, the person must not be required to be immunized against pertussis.

(b) If a person is at least 18 years old and has not completed a series of immunizations against poliomyelitis, the person must not be required to be immunized against poliomyelitis.

(c) If a statement, signed by a physician, is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that an immunization is contraindicated for medical reasons or that laboratory confirmation of the presence of adequate immunity exists, the immunization specified in the statement need not be required.

(d) If a notarized statement signed by the minor child's parent or guardian or by the emancipated person is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that the person has not been immunized as prescribed in subdivision 1 because of the conscientiously held beliefs of the parent or guardian of the minor child or of the emancipated person, the immunizations specified in the statement shall not be required. This statement must also be forwarded to the commissioner of the Department of Health. new text begin This paragraph does not apply to a child enrolling or enrolled in a child care center or family child care program that adopts a policy under subdivision 3b. new text end

(e) If the person is under 15 months, the person is not required to be immunized against measles, rubella, or mumps.

(f) If a person is at least five years old and has not been immunized against haemophilus influenzae type b, the person is not required to be immunized against haemophilus influenzae type b.

(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online learning course or program that delivers instruction to the person only by computer and does not provide any teacher or instructor contact time or require classroom attendance, the person is not subject to the immunization, statement, and other requirements of this section.

Sec. 6.

Minnesota Statutes 2022, section 121A.15, is amended by adding a subdivision to read:

new text begin Subd. 3b. new text end

new text begin Child care programs. new text end

new text begin A child care center licensed under chapter 245A and Minnesota Rules, chapter 9503, and a family child care provider licensed under chapter 245A and Minnesota Rules, chapter 9502, may adopt a policy prohibiting a child over two months of age from enrolling or remaining enrolled in the child care center or family child care program if the child: new text end

new text begin (1) has not been immunized in accordance with subdivision 1 or 2 and in accordance with Minnesota Rules, chapter 4604; and new text end

new text begin (2) is not exempt from immunizations under subdivision 3, paragraph (a), (c), (e), or (f). new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 124D.142, subdivision 2, as amended by Laws 2024, chapter 80, article 4, section 10, is amended to read:

Subd. 2.

System components.

(a) The standards-based voluntary quality rating and improvement system includes:

(1) new text begin effective July 1, 2026, new text end at least a one-star rating for all programs licensed under Minnesota Rules, chapter 9502 or 9503, or Tribally licensed that do not opt out of the system under paragraph (b) and that are not:

(i) the subject of a finding of fraud for which the program or individual is currently serving a penalty or exclusion;

(ii) prohibited from receiving public funds under section 245.095, regardless of whether the action is under appeal;

(iii) under revocation, suspension, temporary immediate suspension, or decertification, or is operating under a conditional license, regardless of whether the action is under appeal; or

(iv) the subject of suspended, denied, or terminated payments to a provider under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2); 245E.02, subdivision 4, paragraph (c), clause (4); or 256.98, subdivision 1, regardless of whether the action is under appeal;

(2) quality opportunities in order to improve the educational outcomes of children so that they are ready for school;

(3) a framework based on the Minnesota quality rating system rating tool and a common set of child outcome and program standards informed by evaluation results;

(4) a tool to increase the number of publicly funded and regulated early learning and care services in both public and private market programs that are high quality;

(5) voluntary participation ensuring that if a program or provider chooses to participate, the program or provider will be rated and may receive public funding associated with the rating; and

(6) tracking progress toward statewide access to high-quality early learning and care programs, progress toward the number of low-income children whose parents can access quality programs, and progress toward increasing the number of children who are fully prepared to enter kindergarten.

(b) By July 1, 2026, the commissioner of children, youth, and families shall establish a process by which a program may opt out of the rating under paragraph (a), clause (1). The commissioner shall consult with Tribes to develop a process for rating Tribally licensed programs that is consistent with the goal outlined in paragraph (a), clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 144.2252, subdivision 2, is amended to read:

Subd. 2.

Release of original birth record.

(a) The state registrar must provide to an adopted person who is 18 years of age or older or a person related to the adopted person a copy of the adopted person's original birth record and any evidence of the adoption previously filed with the state registrar. To receive a copy of an original birth record under this subdivision, the adopted person or person related to the adopted person must make the request to the state registrar in writing. The copy of the original birth record must clearly indicate that it may not be used for identification purposes. All procedures, fees, and waiting periods applicable to a nonadopted person's request for a copy of a birth record apply in the same manner as requests made under this section.

(b) If a contact preference form is attached to the original birth record as authorized under section 144.2253, the state registrar must provide a copy of the contact preference form along with the copy of the adopted person's original birth record.

(c) The state registrar shall provide a transcript of an adopted person's original birth record to an authorized representative of a federally recognized American Indian Tribe for the sole purpose of determining the adopted person's eligibility for enrollment or membership. Information contained in the birth record may not be used to provide the adopted person information about the person's birth parents, except as provided in this section or section 259.83.

(d) For a replacement birth record issued under section 144.218, the adopted person or a person related to the adopted person may obtain from the state registrar copies of the order or decree of adoption, certificate of adoption, or decree issued under section 259.60, as filed with the state registrar.

new text begin (e) The state registrar may request assistance from the commissioner of children, youth, and families if needed to discharge duties under this section, as authorized under section 259.79. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 144.2253, is amended to read:

144.2253 BIRTH PARENT CONTACT PREFERENCE FORM.

(a) The commissioner must make available to the public a contact preference form as described in paragraph (b).

(b) The contact preference form must provide the following information to be completed at the option of a birth parent:

(1) "I would like to be contacted."

(2) "I would prefer to be contacted only through an intermediary."

(3) "I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the Minnesota Department of Health."

(c) A contact preference form must include space where the birth parent may include information that the birth parent feels is important for the adopted person to know.

(d) If a birth parent of an adopted person submits a completed contact preference form to the commissioner, the commissioner must:

(1) match the contact preference form to the adopted person's original birth record new text begin . The commissioner may request assistance from the commissioner of children, youth, and families if needed to discharge duties under this clause, as authorized under section 259.79 new text end ; and

(2) attach the contact preference form to the original birth record as required under section 144.2252.

(e) A contact preference form submitted to the commissioner under this section is private data on an individual as defined in section 13.02, subdivision 12, except that the contact preference form may be released as provided under section 144.2252, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 10.

Minnesota Statutes 2022, section 243.166, subdivision 7, as amended by Laws 2024, chapter 79, article 9, section 5, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 4b or 7a or sections 244.052 and 299C.093, the data provided under this section is private data on individuals under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law enforcement and corrections purposes. Law enforcement or a corrections agent may disclose the status of an individual as a predatory offender to a child protection worker with a local welfare agency for purposes of doing deleted text begin a deleted text end new text begin an investigation or new text end family assessment under chapter 260E. A corrections agent may also disclose the status of an individual as a predatory offender to comply with section 244.057.

(c) The commissioner of human services is authorized to have access to the data for purposes of completing background studies under chapter 245C.

(d) The direct care and treatment executive board is authorized to have access to data for any service, program, or facility owned or operated by the state of Minnesota and under the programmatic direction and fiscal control of the executive board for purposes described in section 246.13, subdivision 2, paragraph (b).

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, as amended by Laws 2024, chapter 85, section 53, and Laws 2024, chapter 80, article 2, section 37, is amended to read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, new text begin which does not include child foster residence settings with residential program certifications for compliance with the Family First Prevention Services Act under section 245A.25, subdivision 1, paragraph (a), new text end or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure. new text begin If a child foster residence setting that was previously exempt from the licensing moratorium under this paragraph has its Family First Prevention Services Act certification rescinded under section 245A.25, subdivision 9, or new text end new text begin new text end if a family adult foster care home license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07. The commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D. When approving an exception under this paragraph, the commissioner shall consider the resource need determination process in paragraph (h), the availability of foster care licensed beds in the geographic area in which the licensee seeks to operate, the results of a person's choices during their annual assessment and service plan review, and the recommendation of the local county board. The determination by the commissioner is final and not subject to appeal. Exceptions to the moratorium include:

(1) a license for a person in a foster care setting that is not the primary residence of the license holder and where at least 80 percent of the residents are 55 years of age or older;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or community residential setting licenses replacing adult foster care licenses in existence on December 31, 2013, and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, or regional treatment center; restructuring of state-operated services that limits the capacity of state-operated facilities; or allowing movement to the community for people who no longer require the level of care provided in state-operated facilities as provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital-level care; or

(5) new foster care licenses or community residential setting licenses for people receiving customized living or 24-hour customized living services under the brain injury or community access for disability inclusion waiver plans under section 256B.49 or elderly waiver plan under chapter 256S and residing in the customized living setting for which a license is required. A customized living service provider subject to this exception may rebut the presumption that a license is required by seeking a reconsideration of the commissioner's determination. The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14. The exception is available until December 31, 2023. This exception is available when:

(i) the person's customized living services are provided in a customized living service setting serving four or fewer people in a single-family home operational on or before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;

(ii) the person's case manager provided the person with information about the choice of service, service provider, and location of service, including in the person's home, to help the person make an informed choice; and

(iii) the person's services provided in the licensed foster care or community residential setting are less than or equal to the cost of the person's services delivered in the customized living setting as determined by the lead agency.

(b) The commissioner shall determine the need for newly licensed foster care homes or community residential settings as defined under this subdivision. As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board. The determination by the commissioner must be final. A determination of need is not required for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not the primary residence of the license holder according to section 256B.49, subdivision 15, paragraph (f), or the adult community residential setting, the county shall immediately inform the Department of Human Services Licensing Division. The department may decrease the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity established in paragraph (c) deleted text begin shall deleted text end new text begin must new text end be exempt if the license holder's beds are occupied by residents whose primary diagnosis is mental illness and the license holder is certified under the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available data required by section 144A.351, and other data and information deleted text begin shall deleted text end new text begin must new text end be used to determine where the reduced capacity determined under section 256B.493 will be implemented. The commissioner shall consult with the stakeholders described in section 144A.351, and employ a variety of methods to improve the state's capacity to meet the informed decisions of those people who want to move out of corporate foster care or community residential settings, long-term service needs within budgetary limits, including seeking proposals from service providers or lead agencies to change service type, capacity, or location to improve services, increase the independence of residents, and better meet needs identified by the long-term services and supports reports and statewide data and information.

(f) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure. If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human services licensing division that the license holder provides or intends to provide these waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section 144A.351. Under this authority, the commissioner may approve new licensed settings or delicense existing settings. Delicensing of settings will be accomplished through a process identified in section 256B.493.

(i) The commissioner must notify a license holder when its corporate foster care or community residential setting licensed beds are reduced under this section. The notice of reduction of licensed beds must be in writing and delivered to the license holder by certified mail or personal service. The notice must state why the licensed beds are reduced and must inform the license holder of its right to request reconsideration by the commissioner. The license holder's request for reconsideration must be in writing. If mailed, the request for reconsideration must be postmarked and sent to the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds. If a request for reconsideration is made by personal service, it must be received by the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter for a program that Centers for Medicare and Medicaid Services would consider an institution for mental diseases. Facilities that serve only private pay clients are exempt from the moratorium described in this paragraph. The commissioner has the authority to manage existing statewide capacity for children's residential treatment services subject to the moratorium under this paragraph and may issue an initial license for such facilities if the initial license would not increase the statewide capacity for children's residential treatment services subject to the moratorium under this paragraph.

Sec. 12.

Minnesota Statutes 2023 Supplement, section 256.046, subdivision 3, is amended to read:

Subd. 3.

Administrative disqualification of child care providers caring for children receiving child care assistance.

(a) The department shall pursue an administrative disqualification, if the child care provider is accused of committing an intentional program violation, in lieu of a criminal action when it has not been pursued. Intentional program violations include intentionally making false or misleading statements; intentionally misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating program regulations under chapters 119B and 245E. Intent may be proven by demonstrating a pattern of conduct that violates program rules under chapters 119B and 245E.

(b) To initiate an administrative disqualification, the commissioner must deleted text begin mail deleted text end new text begin send new text end written notice deleted text begin by certified mail deleted text end new text begin using a signature-verified confirmed delivery method new text end to the provider against whom the action is being taken. Unless otherwise specified under chapter 119B or 245E or Minnesota Rules, chapter 3400, the commissioner must deleted text begin mail deleted text end new text begin send new text end the written notice at least 15 calendar days before the adverse action's effective date. The notice shall state (1) the factual basis for the agency's determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed action.

(c) The provider may appeal an administrative disqualification by submitting a written request to the deleted text begin Department of Human Services, Appeals Division deleted text end new text begin state agency new text end . A provider's request must be received by the deleted text begin Appeals Division deleted text end new text begin state agency new text end no later than 30 days after the date the commissioner mails the notice.

(d) The provider's appeal request must contain the following:

(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the dollar amount involved for each disputed item;

(2) the computation the provider believes to be correct, if applicable;

(3) the statute or rule relied on for each disputed item; and

(4) the name, address, and telephone number of the person at the provider's place of business with whom contact may be made regarding the appeal.

(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a preponderance of the evidence that the provider committed an intentional program violation.

(f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The human services judge may combine a fair hearing and administrative disqualification hearing into a single hearing if the factual issues arise out of the same or related circumstances and the provider receives prior notice that the hearings will be combined.

(g) A provider found to have committed an intentional program violation and is administratively disqualified deleted text begin shall deleted text end new text begin must new text end be disqualified, for a period of three years for the first offense and permanently for any subsequent offense, from receiving any payments from any child care program under chapter 119B.

(h) Unless a timely and proper appeal made under this section is received by the department, the administrative determination of the department is final and binding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 13.

Minnesota Statutes 2022, section 256J.08, subdivision 34a, is amended to read:

Subd. 34a.

Family violence.

(a) "Family violence" means the following, if committed against a family or household member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of deleted text begin imminent deleted text end physical harm, bodily injury, or assault; or

(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; or interference with an emergency call within the meaning of section 609.78, subdivision 2.

(b) For the purposes of family violence, "family or household member" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are residing together or who have resided together in the past;

(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at anytime; and

(7) persons involved in a current or past significant romantic or sexual relationship.

Sec. 14.

Minnesota Statutes 2022, section 256J.28, subdivision 1, is amended to read:

Subdivision 1.

Expedited issuance of the Supplemental Nutrition Assistance Program (SNAP) benefits.

deleted text begin The following households are entitled to expedited issuance of SNAP benefits assistance: deleted text end

deleted text begin (1) households with less than $150 in monthly gross income provided their liquid assets do not exceed $100; deleted text end

deleted text begin (2) migrant or seasonal farm worker households who are destitute as defined in Code of Federal Regulations, title 7, subtitle B, chapter 2, subchapter C, part 273, section 273.10, paragraph (e)(3), provided their liquid assets do not exceed $100; and deleted text end

deleted text begin (3) eligible households whose combined monthly gross income and liquid resources are less than the household's monthly rent or mortgage and utilities. deleted text end

For any month an individual receives expedited SNAP benefits, the individual is not eligible for the MFIP food portion of assistance.

Sec. 15.

Minnesota Statutes 2022, section 256N.22, subdivision 10, is amended to read:

Subd. 10.

Assigning a successor relative custodian for a child's Northstar kinship assistance.

(a) In the event of the death or incapacity of the relative custodian, eligibility for Northstar kinship assistance and title IV-E assistance, if applicable, is not affected if the relative custodian is replaced by a successor named in the Northstar kinship assistance benefit agreement. Northstar kinship assistance deleted text begin shall deleted text end new text begin must new text end be paid to a named successor who is not the child's legal parent, biological parent or stepparent, or other adult living in the home of the legal parent, biological parent, or stepparent.

(b) In order to receive Northstar kinship assistance, a named successor must:

(1) meet the background study requirements in subdivision 4;

(2) renegotiate the agreement consistent with section 256N.25, subdivision 2, including cooperating with an assessment under section 256N.24;

(3) be ordered by the court to be the child's legal relative custodian in a modification proceeding under section 260C.521, subdivision 2; and

(4) satisfy the requirements in this paragraph within one year of the relative custodian's death or incapacity unless the commissioner certifies that the named successor made reasonable attempts to satisfy the requirements within one year and failure to satisfy the requirements was not the responsibility of the named successor.

(c) Payment of Northstar kinship assistance to the successor guardian may be temporarily approved through the policies, procedures, requirements, and deadlines under section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the requirements in paragraph (b) are satisfied.

(d) Continued payment of Northstar kinship assistance may occur in the event of the death or incapacity of the relative custodian when new text begin : new text end

new text begin (1) new text end no successor has been named in the benefit agreement deleted text begin when deleted text end new text begin or a named successor is not able or willing to accept custody or guardianship of the child; and new text end

new text begin (2) new text end the commissioner gives written consent to an individual who is a guardian or custodian appointed by a court for the child upon the death of both relative custodians in the case of assignment of custody to two individuals, or the sole relative custodian in the case of assignment of custody to one individual, unless the child is under the custody of a county, tribal, or child-placing agency.

(e) Temporary assignment of Northstar kinship assistance may be approved for a maximum of six consecutive months from the death or incapacity of the relative custodian or custodians as provided in paragraph (a) and must adhere to the policies, procedures, requirements, and deadlines under section 256N.28, subdivision 2, that are prescribed by the commissioner. If a court has not appointed a permanent legal guardian or custodian within six months, the Northstar kinship assistance must terminate and must not be resumed.

(f) Upon assignment of assistance payments under paragraphs (d) and (e), assistance must be provided from funds other than title IV-E.

Sec. 16.

Minnesota Statutes 2022, section 256N.24, subdivision 10, is amended to read:

Subd. 10.

Caregiver requests for reassessments.

(a) A caregiver may initiate a reassessment request for an eligible child in writing to the financially responsible agency or, if there is no financially responsible agency, the agency designated by the commissioner. The written request must include the reason for the request and the name, address, and contact information of the caregivers. The caregiver may request a reassessment if at least six months have elapsed since any previous assessment or reassessment. For an eligible foster child, a foster parent may request reassessment in less than six months with written documentation that there have been significant changes in the child's needs that necessitate an earlier reassessment.

(b) A caregiver may request a reassessment of an at-risk child for whom an adoption assistance agreement has been executed if the caregiver has satisfied the commissioner with written documentation from a qualified expert that the potential disability upon which eligibility for the agreement was based has manifested itself, consistent with section 256N.25, subdivision 3, paragraph (b).

(c) If the reassessment cannot be completed within 30 days of the caregiver's request, the agency responsible for reassessment must notify the caregiver of the reason for the delay and a reasonable estimate of when the reassessment can be completed.

(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9, when a Northstar kinship assistance agreement or adoption assistance agreement under section 256N.25 has been signed by all parties, no reassessment may be requested or conducted until the court finalizes the transfer of permanent legal and physical custody or finalizes the adoption deleted text begin , or the assistance agreement expires according to section 256N.25, subdivision 1 deleted text end .

Sec. 17.

Minnesota Statutes 2022, section 256N.26, subdivision 15, is amended to read:

Subd. 15.

Payments.

(a) Payments to caregivers new text begin or youth new text end under Northstar Care for Children must be made monthly. Consistent with section 256N.24, subdivision 13, the financially responsible agency must send the caregiver new text begin or youth new text end the required written notice within 15 days of a completed assessment or reassessment.

(b) Unless paragraph (c) deleted text begin or deleted text end new text begin , new text end (d) new text begin , or (e) new text end applies, the financially responsible agency shall pay foster parents directly for eligible children in foster care.

(c) When the legally responsible agency is different than the financially responsible agency, the legally responsible agency may make the payments to the caregiver new text begin or youth new text end , provided payments are made on a timely basis. The financially responsible agency must pay the legally responsible agency on a timely basis. Caregivers must have access to the financially and legally responsible agencies' records of the transaction, consistent with the retention schedule for the payments.

(d) For eligible children in foster care, the financially responsible agency may pay the foster parent's payment for a licensed child-placing agency instead of paying the foster parents directly. The licensed child-placing agency must timely pay the foster parents and maintain records of the transaction. Caregivers must have access to the financially responsible agency's records of the transaction and the child-placing agency's records of the transaction, consistent with the retention schedule for the payments.

new text begin (e) If a foster youth aged 18 to 21 years old is placed in an unlicensed supervised independent living setting, payments must be made directly to the youth or to a vendor if the legally responsible agency determines it to be in the youth's best interests. If the legally responsible agency has reason to believe that the youth is being financially exploited or at risk of being financially exploited in the approved unlicensed supervised independent living setting, the legally responsible agency shall advise the financially responsible agency to make the payments to a vendor. new text end

Sec. 18.

Minnesota Statutes 2022, section 256N.26, subdivision 16, is amended to read:

Subd. 16.

Effect of benefit on other aid.

Payments received under this section must not be considered as income for child care assistance under chapter 119B or any other financial benefit. Consistent with section 256J.24, a child new text begin or youth new text end receiving a maintenance payment under Northstar Care for Children is excluded from any Minnesota family investment program assistance unit.

Sec. 19.

Minnesota Statutes 2022, section 256N.26, subdivision 18, is amended to read:

Subd. 18.

Overpayments.

The commissioner has the authority to collect any amount of foster care payment, adoption assistance, or Northstar kinship assistance paid to a caregiver new text begin or youth new text end in excess of the payment due. Payments covered by this subdivision include basic maintenance needs payments, supplemental difficulty of care payments, and reimbursement of home and vehicle modifications under subdivision 10. Prior to any collection, the commissioner or the commissioner's designee shall notify the caregiver new text begin or youth new text end in writing, including:

(1) the amount of the overpayment and an explanation of the cause of overpayment;

(2) clarification of the corrected amount;

(3) a statement of the legal authority for the decision;

(4) information about how the caregiver can correct the overpayment;

(5) if repayment is required, when the payment is due and a person to contact to review a repayment plan;

(6) a statement that the caregiver new text begin or youth new text end has a right to a fair hearing review by the department; and

(7) the procedure for seeking a fair hearing review by the department.

Sec. 20.

Minnesota Statutes 2022, section 256N.26, subdivision 21, is amended to read:

Subd. 21.

Correct and true information.

The caregiver new text begin or youth new text end must be investigated for fraud if the caregiver new text begin or youth new text end reports information the caregiver new text begin or youth new text end knows is untrue, the caregiver new text begin or youth new text end fails to notify the commissioner of changes that may affect eligibility, or the agency administering the program receives relevant information that the caregiver new text begin or youth new text end did not report.

Sec. 21.

Minnesota Statutes 2022, section 256N.26, subdivision 22, is amended to read:

Subd. 22.

Termination notice for caregiver new text begin or youth new text end .

The agency that issues the maintenance payment shall provide the child's caregiver new text begin or the youth new text end 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 deleted text begin provider deleted text end new text begin caregiver or youth new text end has a right to a fair hearing review by the department consistent with section 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. 22.

Minnesota Statutes 2022, section 256P.05, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Rental income. new text end

new text begin Rental income is subject to the requirements of this section. new text end

Sec. 23.

Minnesota Statutes 2023 Supplement, section 256P.06, subdivision 3, is amended to read:

Subd. 3.

Income inclusions.

The following must be included in determining the income of an assistance unit:

(1) earned income; and

(2) unearned income, which includes:

(i) interest and dividends from investments and savings;

(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;

(iii) deleted text begin proceeds from rent and deleted text end contract for deed payments in excess of the principal and interest portion owed on property;

(iv) income from trusts, excluding special needs and supplemental needs trusts;

(v) interest income from loans made by the participant or household;

(vi) cash prizes and winnings;

(vii) unemployment insurance income that is received by an adult member of the assistance unit unless the individual receiving unemployment insurance income is:

(A) 18 years of age and enrolled in a secondary school; or

(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;

(viii) for the purposes of programs under chapters 256D and 256I, retirement, survivors, and disability insurance payments;

(ix) retirement benefits;

(x) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I, and 256J;

(xi) income from members of the United States armed forces unless excluded from income taxes according to federal or state law;

(xii) for the purposes of programs under chapters 119B, 256D, and 256I, all child support payments;

(xiii) for the purposes of programs under chapter 256J, the amount of child support received that exceeds $100 for assistance units with one child and $200 for assistance units with two or more children;

(xiv) spousal support;

(xv) workers' compensation; and

(xvi) for the purposes of programs under chapters 119B and 256J, the amount of retirement, survivors, and disability insurance payments that exceeds the applicable monthly federal maximum Supplemental Security Income payments.

Sec. 24.

Minnesota Statutes 2022, section 259.37, subdivision 2, is amended to read:

Subd. 2.

Disclosure to birth parents and adoptive parents.

An agency shall provide a disclosure statement written in clear, plain language to be signed by the prospective adoptive parents and birth parents, except that in intercountry adoptions, the signatures of birth parents are not required. The disclosure statement must contain the following information:

(1) fees charged to the adoptive parent, including any policy on sliding scale fees or fee waivers and an itemization of the amount that will be charged for the adoption study, counseling, postplacement services, family of origin searches, birth parent expenses authorized under section 259.55, or any other services;

(2) timeline for the adoptive parent to make fee payments;

(3) likelihood, given the circumstances of the prospective adoptive parent and any specific program to which the prospective adoptive parent is applying, that an adoptive placement may be made and the estimated length of time for making an adoptive placement. These estimates must be based on adoptive placements made with prospective parents in similar circumstances applying to a similar program with the agency during the immediately preceding three to five years. If an agency has not been in operation for at least three years, it must provide summary data based on whatever adoptive placements it has made and may include a statement about the kind of efforts it will make to achieve an adoptive placement, including a timetable it will follow in seeking a child. The estimates must include a statement that the agency cannot guarantee placement of a child or a time by which a child will be placed;

(4) a statement of the services the agency will provide the birth and adoptive parents;

(5) a statement prepared by the commissioner under section 259.39 that explains the child placement and adoption process and the respective legal rights and responsibilities of the birth parent and prospective adoptive parent during the process including a statement that the prospective adoptive parent is responsible for filing an adoption petition not later than 12 months after the child is placed in the prospective adoptive home;

(6) a statement regarding any information the agency may have about attorney referral services, or about obtaining assistance with completing legal requirements for an adoption; deleted text begin and deleted text end

new text begin (7) a statement regarding the right of an adopted person to request and obtain a copy of the adopted person's original birth record at the age and circumstances specified in section 144.2253 and the right of the birth parent named on the adopted person's original birth record to file a contact preference form with the state registrar pursuant to section 144.2253; and new text end

deleted text begin (7) deleted text end new text begin (8) new text end an acknowledgment to be signed by the birth parent and prospective adoptive parent that they have received, read, and had the opportunity to ask questions of the agency about the contents of the disclosure statement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 25.

Minnesota Statutes 2022, section 259.53, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Supportive parenting services for parents with disabilities. new text end

new text begin (a) A court or agency shall not deny a prospective parent the ability to proceed with an adoption due to the prospective parent's disability. A person who raises a prospective parent's disability as a basis for denying an adoption has the burden to prove by clear and convincing evidence that specific behaviors of the prospective parent would endanger the health or safety of the child. If the person meets the burden, the prospective parent with a disability shall have the opportunity to demonstrate how implementing supportive services would alleviate any concerns. new text end

new text begin (b) The court may require the agency that conducted the postplacement assessment and filed the report with the court under subdivision 2 to provide the opportunity to use supportive parenting services to a prospective parent, conduct a new postplacement assessment that is inclusive of the prospective parent's use of supportive parenting services, and file a revised report with the court under subdivision 2. This paragraph does not confer additional responsibility to the agency to provide supportive parenting services directly to the prospective parent. Within a reasonable period of time, the prospective parent has the right to a court hearing to review the need for continuing services. new text end

new text begin (c) If a court denies or limits the ability of a prospective parent with a disability to adopt a child, the court shall make specific written findings stating the basis for the determination and why providing supportive parenting services is not a reasonable accommodation that could prevent the denial or limitation. new text end

new text begin (d) For purposes of this subdivision, "disability" and "supportive parenting services" have the meanings given in section 260C.141, subdivision 1a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to pleadings and motions pending on or after that date. new text end

Sec. 26.

Minnesota Statutes 2022, section 259.79, subdivision 1, is amended to read:

Subdivision 1.

Content.

(a) The adoption records of the commissioner's agents and licensed child-placing agencies shall contain copies of all relevant legal documents, responsibly collected genetic, medical and social history of the child and the child's birth parents, the child's placement record, copies of all pertinent agreements, contracts, and correspondence relevant to the adoption, and copies of all reports and recommendations made to the court.

(b) The commissioner of human services shall maintain a permanent record of all adoptions granted in district court in Minnesota regarding children who are:

(1) under guardianship of the commissioner or a licensed child-placing agency according to section 260C.317 or 260C.515, subdivision 3;

(2) placed by the commissioner, commissioner's agent, or licensed child-placing agency after a consent to adopt according to section 259.24 or under an agreement conferring authority to place for adoption according to section 259.25; or

(3) adopted after a direct adoptive placement approved by the district court under section 259.47.

Each record shall contain identifying information about the child, the birth or legal parents, and adoptive parents, including race where such data is available. The record must also contain: (1) the date the child was legally freed for adoption; (2) the date of the adoptive placement; (3) the name of the placing agency; (4) the county where the adoptive placement occurred; (5) the date that the petition to adopt was filed; (6) the county where the petition to adopt was filed; and (7) the date and county where the adoption decree was granted.

(c) Identifying information contained in the adoption record deleted text begin shall deleted text end new text begin must new text end be confidential and deleted text begin shall deleted text end new text begin must new text end be disclosed only pursuant to section 259.61 new text begin or, for adoption records maintained by the commissioner of human services, upon request from the commissioner of health or state registrar pursuant to sections 144.2252 and 144.2253 new text end .

Sec. 27.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1, is amended to read:

Subdivision 1.

Services provided.

(a) Agencies shall provide assistance and counseling services upon receiving a request for current information from adoptive parents, birth parents, deleted text begin or deleted text end adopted persons aged 18 years of age and older new text begin , or adult siblings of adopted persons new text end . The agency shall contact the other adult persons or the adoptive parents of a minor child in a personal and confidential manner to determine whether there is a desire to receive or share information or to have contact. If there is such a desire, the agency shall provide the services requested. The agency shall deleted text begin provide services to adult genetic siblings if there is no known violation of the confidentiality of a birth parent or if the birth parent gives written consent deleted text end new text begin complete the search request within six months of the request being made. If the agency is unable to complete the search request within the specified time frame, the agency shall inform the requester of the status of the request and include a reasonable estimate of when the request can be completed new text end .

(b) Upon a request for assistance or services from an adoptive parent of a minor child, birth parent, or an adopted person 18 years of age or older, the agency must inform the person:

(1) about the right of an adopted person to request and obtain a copy of the adopted person's original birth record at the age and circumstances specified in section 144.2253; and

(2) about the right of the birth parent named on the adopted person's original birth record to file a contact preference form with the state registrar pursuant to section 144.2253.

deleted text begin In deleted text end new text begin When making or supervising an new text end adoptive deleted text begin placements deleted text end new text begin placement new text end , the agency must provide in writing to the birth parents listed on the original birth record the information required under this deleted text begin section deleted text end new text begin paragraph and section 259.37, subdivision 2, clause (7) new text end .

Sec. 28.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1b, is amended to read:

Subd. 1b.

deleted text begin Genetic deleted text end Siblings.

(a) A person who is at least 18 years of age who was adopted or deleted text begin , because of a termination of parental rights, deleted text end new text begin who new text end was committed to the guardianship of the commissioner of human services deleted text begin , whether adopted or deleted text end new text begin and new text end not deleted text begin , deleted text end new text begin adopted new text end must upon request be advised of other siblings who were adopted or who were committed to the guardianship of the commissioner of human services and not adopted.

(b) new text begin The agency must provide new text end assistance deleted text begin must be provided by the county or placing agency of deleted text end new text begin to new text end the person requesting information to the extent that information is available in the deleted text begin existing deleted text end records deleted text begin at the Department of Human Services deleted text end new text begin required to be kept under section 259.79 new text end . If the sibling received services from another agency, the agencies must share necessary information in order to locate the other siblings and to offer services, as requested. deleted text begin Upon the determination that parental rights with respect to another sibling were terminated, identifying information and contact must be provided only upon mutual consent. deleted text end A reasonable fee may be imposed by the deleted text begin county or placing deleted text end agency.

Sec. 29.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 3a, is amended to read:

Subd. 3a.

Birth parent identifying information.

(a) This subdivision applies to adoptive placements where an adopted person does not have a record of live birth registered in this state. Upon written request by an adopted person 18 years of age or older, the agency responsible for or supervising the placement must provide to the requester the following identifying information related to the birth parents listed on that adopted person's original birth record new text begin , to the extent the information is available new text end :

(1) each of the birth parent's names; and

(2) each of the birth parent's birthdate and birthplace.

(b) The agency may charge a reasonable fee to the requester for providing the required information under paragraph (a).

(c) The agency, acting in good faith and in a lawful manner in disclosing the identifying information under this subdivision, is not civilly liable for such disclosure.

Sec. 30.

Minnesota Statutes 2022, section 259.83, subdivision 4, is amended to read:

Subd. 4.

Confidentiality.

Agencies shall provide adoptive parents, birth parents and adult siblings, and adopted persons aged deleted text begin 19 deleted text end new text begin 18 new text end years and over reasonable assistance in a manner consistent with state and federal laws, rules, and regulations regarding the confidentiality and privacy of child welfare and adoption records.

Sec. 31.

Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian new text begin . A child is not considered to be without proper parental care based solely on the disability of the child's parent, guardian, or custodian new text end ;

(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

(12) has committed a delinquent act or a juvenile petty offense before becoming ten years old;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.

Sec. 32.

Minnesota Statutes 2022, section 260C.141, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Supportive parenting services. new text end

new text begin (a) A person or agency shall not file a petition alleging that a child is in need of protection or services on the basis of a parent's disability. To make a prima facie showing that a child protection matter exists, the petitioner must demonstrate in the petition that the child is in need of protection or services due to specific behaviors of a parent or household member. The local agency or court must offer a parent with a disability the opportunity to use supportive parenting services to assist the parent if the petitioner makes a prima facie showing that through specific behaviors, a parent with a disability cannot provide for the child's safety, health, or welfare. If a court removes a child from a parent's home, the court shall make specific written findings stating the basis for removing the child and why providing supportive parenting services is not a reasonable accommodation that could prevent the child's out-of-home placement. new text end

new text begin (b) For purposes of this subdivision, "supportive parenting services" means services that may assist a parent with a disability in the effective use of techniques and methods to enable the parent to discharge the parent's responsibilities to a child as successfully as a parent who does not have a disability, including nonvisual techniques for a parent who is blind. new text end

new text begin (c) For purposes of this subdivision, "disability" means: new text end

new text begin (1) physical or mental impairment that substantially limits one or more of a parent's major life activities; new text end

new text begin (2) a record of having a physical or mental impairment that substantially limits one or more of a parent's major life activities; or new text end

new text begin (3) being regarded as having a physical or mental impairment that substantially limits one or more of a parent's major life activities. new text end

new text begin (d) The term "disability" must be construed in accordance with the ADA Amendments Act of 2008, Public Law 110-325. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to pleadings and motions pending on or after that date. new text end

Sec. 33.

Minnesota Statutes 2022, section 260C.178, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Out-of-home placement deleted text end new text begin Case new text end plan.

new text begin (a) When the court has ordered the child into the care of a parent under subdivision 1, paragraph (c), clause (1), the child protective services plan under section 260E.26 must be filed within 30 days of the filing of the juvenile protection petition under section 260C.141, subdivision 1. new text end

deleted text begin (a) deleted text end new text begin (b) When the court orders the child into foster care under subdivision 1, paragraph (c), clause (2), and not into the care of a parent, new text end an out-of-home placement plan required under section 260C.212 deleted text begin shall deleted text end new text begin must new text end be filed with the court within 30 days of the filing of a juvenile protection petition under section 260C.141, subdivision 1, when the court orders emergency removal of the child under this section, or filed with the petition if the petition is a review of a voluntary placement under section 260C.141, subdivision 2.

deleted text begin (b) deleted text end new text begin (c) new text end Upon the filing of the new text begin child protective services plan under section 260E.26 or new text end out-of-home placement plan deleted text begin which deleted text end new text begin that new text end has been developed jointly with the parent and in consultation with others as required under section 260C.212, subdivision 1, the court may approve implementation of the plan by the responsible social services agency based on the allegations contained in the petition and any evaluations, examinations, or assessments conducted under subdivision 1, paragraph deleted text begin (l) deleted text end new text begin (m) new text end . The court shall send written notice of the approval of the new text begin child protective services plan or new text end out-of-home placement plan to all parties and the county attorney or may state such approval on the record at a hearing. A parent may agree to comply with the terms of the plan filed with the court.

deleted text begin (c) deleted text end new text begin (d) new text end The responsible social services agency shall make reasonable efforts to engage both parents of the child in case planning. The responsible social service agency shall report the results of its efforts to engage the child's parents in the new text begin child protective services plan or new text end out-of-home placement plan filed with the court. The agency shall notify the court of the services it will provide or efforts it will attempt under the plan notwithstanding the parent's refusal to cooperate or disagreement with the services. The parent may ask the court to modify the plan to require different or additional services requested by the parent, but which the agency refused to provide. The court may approve the plan as presented by the agency or may modify the plan to require services requested by the parent. The court's approval deleted text begin shall deleted text end new text begin must new text end be based on the content of the petition.

deleted text begin (d) deleted text end new text begin (e) new text end Unless the parent agrees to comply with the terms of the new text begin child protective services plan or new text end out-of-home placement plan, the court may not order a parent to comply with the provisions of the plan until the court finds the child is in need of protection or services and orders disposition under section 260C.201, subdivision 1. However, the court may find that the responsible social services agency has made reasonable efforts for reunification if the agency makes efforts to implement the terms of deleted text begin an deleted text end new text begin the child protective services plan or new text end out-of-home placement plan approved under this section.

Sec. 34.

Minnesota Statutes 2022, section 260C.202, is amended to read:

260C.202 COURT REVIEW OF deleted text begin FOSTER CARE deleted text end new text begin DISPOSITION new text end .

new text begin Subdivision 1. new text end

new text begin Court review for a child in the home of a parent under protective supervision. new text end

new text begin If the court orders a child into the home of a parent under the protective supervision of the responsible social services agency or child-placing agency under section 260C.201, subdivision 1, paragraph (a), clause (1), the court shall review the child protective services plan under section 260E.26 at least every 90 days. The court shall notify the parents of the provisions of sections 260C.503 to 260C.521, as required under juvenile court rules. new text end

new text begin Subd. 2. new text end

new text begin Court review for a child placed in foster care. new text end

(a) If the court orders a child placed in foster care, the court shall review the out-of-home placement plan and the child's placement at least every 90 days as required in juvenile court rules to determine whether continued out-of-home placement is necessary and appropriate or whether the child should be returned home.

new text begin (b) new text end This review is not required if the court has returned the child home, ordered the child permanently placed away from the parent under sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review for a child permanently placed away from a parent, including where the child is under guardianship of the commissioner, deleted text begin shall be deleted text end new text begin is new text end governed by section 260C.607.

new text begin (c) new text end When a child is placed in a qualified residential treatment program setting as defined in section 260C.007, subdivision 26d, the responsible social services agency must submit evidence to the court as specified in section 260C.712.

deleted text begin (b) deleted text end new text begin (d) new text end No later than three months after the child's placement in foster care, the court shall review agency efforts to search for and notify relatives pursuant to section 260C.221, and order that the agency's efforts begin immediately, or continue, if the agency has failed to perform, or has not adequately performed, the duties under that section. The court must order the agency to continue to appropriately engage relatives who responded to the notice under section 260C.221 in placement and case planning decisions and to consider relatives for foster care placement consistent with section 260C.221. Notwithstanding a court's finding that the agency has made reasonable efforts to search for and notify relatives under section 260C.221, the court may order the agency to continue making reasonable efforts to search for, notify, engage, and consider relatives who came to the agency's attention after sending the initial notice under section 260C.221.

deleted text begin (c) deleted text end new text begin (e) new text end The court shall review the out-of-home placement plan and may modify the plan as provided under section 260C.201, subdivisions 6 and 7.

deleted text begin (d) deleted text end new text begin (f) new text end When the court transfers the custody of a child to a responsible social services agency resulting in foster care or protective supervision with a noncustodial parent under subdivision 1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503 to 260C.521, as required under juvenile court rules.

deleted text begin (e) deleted text end new text begin (g) new text end When a child remains in or returns to foster care pursuant to section 260C.451 and the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall at least annually conduct the review required under section 260C.203.

Sec. 35.

Minnesota Statutes 2022, section 260C.209, subdivision 1, is amended to read:

Subdivision 1.

Subjects.

The responsible social services agency may have access to the criminal history and history of child and adult maltreatment on the following individuals:

(1) a noncustodial parent or nonadjudicated parent who is being assessed for purposes of providing day-to-day care of a child temporarily or permanently under section 260C.219 and any member of the parent's household who is over the age of 13 when there is a reasonable cause to believe that the parent or household member over age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult deleted text begin which deleted text end new text begin that new text end would endanger the child's health, safety, or welfare;

(2) an individual deleted text begin whose suitability for relative placement under section 260C.221 is being determined deleted text end and any member of the deleted text begin relative's deleted text end new text begin individual's new text end household who is over the age of 13 when:

deleted text begin (i) the relative must be licensed for foster care; or deleted text end

new text begin (i) the individual is being considered for relative placement under section 260C.221; new text end

(ii) the background study is required under section 259.53, subdivision 2; or

(iii) deleted text begin the agency or the commissioner has reasonable cause to believe the relative or household member over the age of 13 has a criminal history which would not make deleted text end new text begin a petition to new text end transfer deleted text begin of deleted text end permanent legal and physical custody to the relative deleted text begin under deleted text end new text begin has been filed according to new text end section 260C.515, subdivision 4, deleted text begin in the child's best interest deleted text end new text begin paragraph (d), and the relative is not pursuing Northstar kinship assistance eligibility for the child under chapter 256N new text end ; and

(3) a parent, following an out-of-home placement, when the responsible social services agency has reasonable cause to believe that the parent has been convicted of a crime directly related to the parent's capacity to maintain the child's health, safety, or welfare or the parent is the subject of an open investigation of, or has been the subject of a substantiated allegation of, child or vulnerable-adult maltreatment within the past ten years.

"Reasonable cause" means that the agency has received information or a report from the subject or a third person that creates an articulable suspicion that the individual has a history that may pose a risk to the health, safety, or welfare of the child. The information or report must be specific to the potential subject of the background check and deleted text begin shall deleted text end new text begin must new text end not be based on the race, religion, ethnic background, age, class, or lifestyle of the potential subject.

Sec. 36.

Minnesota Statutes 2022, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document individualized to the needs of the child and the child's parents or guardians that is prepared by the responsible social services agency jointly with the child's parents or guardians and in consultation with the child's guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster parent or representative of the foster care facility; and, when appropriate, the child. When a child is age 14 or older, the child may include two other individuals on the team preparing the child's out-of-home placement plan. The child may select one member of the case planning team to be designated as the child's advisor and to advocate with respect to the application of the reasonable and prudent parenting standards. The responsible social services agency may reject an individual selected by the child if the agency has good cause to believe that the individual would not act in the best interest of the child. For a child in voluntary foster care for treatment under chapter 260D, preparation of the out-of-home placement plan shall additionally include the child's mental health treatment provider. For a child 18 years of age or older, the responsible social services agency shall involve the child and the child's parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a representative of the child's tribe, the responsible social services agency, and, if possible, the child.

(c) The out-of-home placement plan shall be explained by the responsible social services agency to all persons involved in the plan's implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the out-of-home placement plan is designed to achieve a safe placement for the child in the least restrictive, most family-like setting available that is in close proximity to the home of the child's parents or guardians when the case plan goal is reunification; and how the placement is consistent with the best interests and special needs of the child according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when reunification is the plan, a description of the problems or conditions in the home of the parent or parents that necessitated removal of the child from home and the changes the parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or correct the problems or conditions identified in clause (2), and the time period during which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child including social and other supportive services to be provided or offered to the parent or parents or guardian of the child, the child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of the child's placement in the residential facility, and whether those services or resources were provided and if not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of steps to finalize adoption as the permanency plan for the child through reasonable efforts to place the child for adoption pursuant to section 260C.605. At a minimum, the documentation must include consideration of whether adoption is in the best interests of the child and child-specific recruitment efforts such as a relative search, consideration of relatives for adoptive placement, and the use of state, regional, and national adoption exchanges to facilitate orderly and timely placements in and outside of the state. A copy of this documentation shall be provided to the court in the review required under section 260C.317, subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of steps to finalize the transfer of permanent legal and physical custody to a relative as the permanency plan for the child. This documentation must support the requirements of the kinship placement agreement under section 256N.22 and must include the reasonable efforts used to determine that it is not appropriate for the child to return home or be adopted, and reasons why permanent placement with a relative through a Northstar kinship assistance arrangement is in the child's best interest; how the child meets the eligibility requirements for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's relative foster parent and reasons why the relative foster parent chose not to pursue adoption, if applicable; and agency efforts to discuss with the child's parent or parents the permanent transfer of permanent legal and physical custody or the reasons why these efforts were not made;

(8) efforts to ensure the child's educational stability while in foster care for a child who attained the minimum age for compulsory school attendance under state law and is enrolled full time in elementary or secondary school, or instructed in elementary or secondary education at home, or instructed in an independent study elementary or secondary program, or incapable of attending school on a full-time basis due to a medical condition that is documented and supported by regularly updated information in the child's case plan. Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was enrolled prior to placement or upon the child's move from one placement to another, including efforts to work with the local education authorities to ensure the child's educational stability and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was enrolled in prior to placement or move from one placement to another, efforts to ensure immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens, including any known communicable diseases, as defined in section 144.4172, subdivision 2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs, including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be consulted and involved in assessing the health and well-being of the child and determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in consultation with the child. The child may select one member of the case planning team to be designated as the child's advisor and to advocate with respect to the application of the reasonable and prudent parenting standards in subdivision 14. The plan should include, but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's license;

(iv) money management, including the responsibility of the responsible social services agency to ensure that the child annually receives, at no cost to the child, a consumer report as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community; and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate activities typical for the child's age group, taking into consideration the capacities of the individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic and assessment information, specific services relating to meeting the mental health care needs of the child, and treatment outcomes;

(14) for a child 14 years of age or older, a signed acknowledgment that describes the child's rights regarding education, health care, visitation, safety and protection from exploitation, and court participation; receipt of the documents identified in section 260C.452; and receipt of an annual credit report. The acknowledgment shall state that the rights were explained in an age-appropriate manner to the child; and

(15) for a child placed in a qualified residential treatment program, the plan must include the requirements in section 260C.708.

(d) The parent or parents or guardian and the child each shall have the right to legal counsel in the preparation of the case plan and shall be informed of the right at the time of placement of the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel from their own resources, the court shall appoint counsel upon the request of the parent or parents or the child or the child's legal guardian. The parent or parents may also receive assistance from any person or social services agency in preparation of the case plan.

new text begin (e) Before an out-of-home placement plan is signed by the parent or parents or guardian of the child, the responsible social services agency must provide the parent or parents or guardian with a one- to two-page summary of the plan using a form developed by the commissioner. The out-of-home placement plan summary must clearly summarize the plan's contents under paragraph (c) and list the requirements and responsibilities for the parent or parents or guardian using plain language. The summary must be updated and provided to the parent or parents or guardian when the out-of-home placement plan is updated under subdivision 1a. new text end

deleted text begin (e) deleted text end new text begin (f) new text end After the plan has been agreed upon by the parties involved or approved or ordered by the court, the foster parents shall be fully informed of the provisions of the case plan and shall be provided a copy of the plan.

deleted text begin (f) deleted text end new text begin (g) new text end Upon the child's discharge from foster care, the responsible social services agency must provide the child's parent, adoptive parent, or permanent legal and physical custodian, and the child, if the child is 14 years of age or older, with a current copy of the child's health and education record. If a child meets the conditions in subdivision 15, paragraph (b), the agency must also provide the child with the child's social and medical history. The responsible social services agency may give a copy of the child's health and education record and social and medical history to a child who is younger than 14 years of age, if it is appropriate and if subdivision 15, paragraph (b), applies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2025. new text end

Sec. 37.

Minnesota Statutes 2022, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of the state of Minnesota is to ensure that the child's best interests are met by requiring an individualized determination of the needs of the child in consideration of paragraphs (a) to (f), and of how the selected placement will serve the current and future needs of the child being placed. The authorized child-placing agency shall place a child, released by court order or by voluntary release by the parent or parents, in a family foster home selected by considering placement with relatives in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption, including the legal parent, guardian, or custodian of the child's sibling; or

(2) with an individual who is an important friend of the child or of the child's parent or custodian, including an individual with whom the child has resided or had significant contact or who has a significant relationship to the child or the child's parent or custodian.

For an Indian child, the agency shall follow the order of placement preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the current and future needs of the child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's current and long-term needs regarding relationships with parents, siblings, relatives, and other caretakers;

(10) the reasonable preference of the child, if the court, or the child-placing agency in the case of a voluntary placement, deems the child to be of sufficient age to express preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755, subdivision 2a.

When placing a child in foster care or in a permanent placement based on an individualized determination of the child's needs, the agency must not use one factor in this paragraph to the exclusion of all others, and the agency shall consider that the factors in paragraph (b) may be interrelated.

(c) Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible time unless it is documented that a joint placement would be contrary to the safety or well-being of any of the siblings or unless it is not possible after reasonable efforts by the responsible social services agency. In cases where siblings cannot be placed together, the agency is required to provide frequent visitation or other ongoing interaction between siblings unless the agency documents that the interaction would be contrary to the safety or well-being of any of the siblings.

(e) deleted text begin Except for emergency placement as provided for in section 245A.035, deleted text end The following requirements must be satisfied before the approval of a foster deleted text begin or adoptive deleted text end placement in a related or unrelated home: (1) a completed background study under section 245C.08; and (2) a completed review of the written home study required under section 260C.215, subdivision 4, clause (5), deleted text begin or 260C.611, deleted text end to assess the capacity of the prospective foster deleted text begin or adoptive deleted text end parent to ensure the placement will meet the needs of the individual child. new text begin For adoptive placements in a related or unrelated home, the home must meet the requirements of section 260C.611. new text end

(f) The agency must determine whether colocation with a parent who is receiving services in a licensed residential family-based substance use disorder treatment program is in the child's best interests according to paragraph (b) and include that determination in the child's case plan under subdivision 1. The agency may consider additional factors not identified in paragraph (b). The agency's determination must be documented in the child's case plan before the child is colocated with a parent.

(g) The agency must establish a juvenile treatment screening team under section 260C.157 to determine whether it is necessary and appropriate to recommend placing a child in a qualified residential treatment program, as defined in section 260C.007, subdivision 26d.

new text begin (h) A child in foster care must not be placed in an unlicensed emergency relative placement under section 245A.035 or licensed family foster home when the responsible social services agency is aware that a prospective foster parent, license applicant, license holder, or adult household member has a permanent disqualification under section 245C.15, subdivision 4a, paragraphs (a) and (b). new text end

Sec. 38.

Minnesota Statutes 2022, section 260C.301, subdivision 1, as amended by Laws 2024, chapter 80, article 8, section 27, is amended to read:

Subdivision 1.

Voluntary and involuntary.

The juvenile court may upon petition, terminate all rights of a parent to a child:

(a) with the written consent of a parent who for good cause desires to terminate parental rights; or

(b) if it finds that one or more of the following conditions exist:

(1) that the parent has abandoned the child;

(2) that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and either reasonable efforts by the social services agency have failed to correct the conditions that formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;

deleted text begin (3) that a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth; deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that the parent's parental rights to one or more other children were involuntarily terminated or that the parent's custodial rights to another child have been involuntarily transferred to a relative under a juvenile protection proceeding or a similar process of another jurisdiction;

deleted text begin (5) deleted text end new text begin (4) new text end that following the child's placement out of the home, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the child's placement. It is presumed that reasonable efforts under this clause have failed upon a showing that:

(i) a child has resided out of the parental home under court order for a cumulative period of 12 months within the preceding 22 months. In the case of a child under age eight at the time the petition was filed alleging the child to be in need of protection or services, the presumption arises when the child has resided out of the parental home under court order for six months unless the parent has maintained regular contact with the child and the parent is complying with the out-of-home placement plan;

(ii) the court has approved the out-of-home placement plan required under section 260C.212 and filed with the court under section 260C.178;

(iii) conditions leading to the out-of-home placement have not been corrected. It is presumed that conditions leading to a child's out-of-home placement have not been corrected upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan; and

(iv) reasonable efforts have been made by the social services agency to rehabilitate the parent and reunite the family.

This clause does not prohibit the termination of parental rights prior to one year, or in the case of a child under age eight, prior to six months after a child has been placed out of the home.

It is also presumed that reasonable efforts have failed under this clause upon a showing that:

(A) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;

(B) the parent has been required by a case plan to participate in a chemical dependency treatment program;

(C) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;

(D) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and

(E) the parent continues to abuse chemicals.

deleted text begin (6) deleted text end new text begin (5) new text end that a child has experienced egregious harm in the parent's care deleted text begin which deleted text end new text begin that new text end is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care;

deleted text begin (7) deleted text end new text begin (6) new text end that in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the fathers' adoption registry under section 259.52;

deleted text begin (8) deleted text end new text begin (7) new text end that the child is neglected and in foster care; or

deleted text begin (9) deleted text end new text begin (8) new text end that the parent has been convicted of a crime listed in section 260.012, paragraph (g), clauses (1) to (5).

In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws.

Sec. 39.

Minnesota Statutes 2022, section 260C.515, subdivision 4, is amended to read:

Subd. 4.

new text begin Transfer of permanent legal and physical new text end custody deleted text begin to relative deleted text end .

new text begin (a) new text end The court may order new text begin a transfer of new text end permanent legal and physical custody to new text begin : new text end

new text begin (1) a parent. The court must find that the parent understands a transfer of permanent legal and physical custody includes permanent, ongoing responsibility for the protection, education, care, and control of the child and decision making on behalf of the child until adulthood; or new text end

new text begin (2) new text end a fit and willing relative deleted text begin in the best interests of the child deleted text end according to the deleted text begin following deleted text end requirements deleted text begin : deleted text end new text begin in paragraph (b). new text end

deleted text begin (1) deleted text end new text begin (b) new text end An order for transfer of permanent legal and physical custody to a relative deleted text begin shall deleted text end new text begin must new text end only be made after the court has reviewed the suitability of the prospective legal and physical custodian deleted text begin ; deleted text end new text begin , including a summary of information obtained from required background studies under section 245C.33 or 260C.209, if the court finds the permanency disposition to be in the child's best interests. new text end

deleted text begin (2) deleted text end In transferring permanent legal and physical custody to a relative, the juvenile court shall follow the standards applicable under this chapter and chapter 260, and the procedures in the Minnesota Rules of Juvenile Protection Procedure deleted text begin ; deleted text end new text begin . The court must issue written findings that include the following: new text end

new text begin (1) the prospective legal and physical custodian understands that: new text end

deleted text begin (3) deleted text end new text begin (i) new text end a transfer of new text begin permanent new text end legal and physical custody includes new text begin permanent, ongoing new text end responsibility for the protection, education, care, and control of the child and decision making on behalf of the child new text begin until adulthood new text end ; new text begin and new text end

deleted text begin (4) deleted text end new text begin (ii) new text end a permanent legal and physical custodian deleted text begin may deleted text end new text begin shall new text end not return a child to the permanent care of a parent from whom the court removed custody without the court's approval and without notice to the responsible social services agency;

new text begin (2) transfer of permanent legal and physical custody and receipt of Northstar kinship assistance under chapter 256N, when requested and the child is eligible, are in the child's best interests; new text end

new text begin (3) when the agency files the petition under paragraph (c) or supports the petition filed under paragraph (d), adoption is not in the child's best interests based on the determinations in the kinship placement agreement required under section 256N.22, subdivision 2; new text end

new text begin (4) the agency made efforts to discuss adoption with the child's parent or parents, or the agency did not make efforts to discuss adoption and the reasons why efforts were not made; and new text end

new text begin (5) there are reasons to separate siblings during placement, if applicable. new text end

deleted text begin (5) deleted text end new text begin (c) new text end The new text begin responsible new text end social services agency may file a petition naming a fit and willing relative as a proposed permanent legal and physical custodian. A petition for transfer of permanent legal and physical custody to a relative deleted text begin who is not a parent deleted text end shall new text begin include facts upon which the court can determine suitability of the proposed custodian, including a summary of results from required background studies completed under section 245C.33. The petition must new text end be accompanied by a kinship placement agreement under section 256N.22, subdivision 2, between the agency and proposed permanent legal and physical custodian deleted text begin ; deleted text end new text begin . new text end

deleted text begin (6) deleted text end new text begin (d) new text end Another party to the permanency proceeding regarding the child may file a petition to transfer permanent legal and physical custody to a relative. The petition must include facts upon which the court can make the deleted text begin determination deleted text end new text begin determinations new text end required under deleted text begin clause (7) and deleted text end new text begin paragraph (b), including suitability of the proposed custodian and, if completed, a summary of results from required background studies completed under section 245C.33 or 260C.209. If background studies have not been completed at the time of filing the petition, they must be completed and a summary of results provided to the court prior to the court granting the petition or finalizing the order according to paragraph (e). The petition new text end must be filed deleted text begin not deleted text end new text begin no new text end later than the date for the required admit-deny hearing under section 260C.507; or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must be filed not later than 30 days prior to the trial required under section 260C.509 deleted text begin ; deleted text end new text begin . new text end

deleted text begin (7) where a petition is for transfer of permanent legal and physical custody to a relative who is not a parent, the court must find that: deleted text end

deleted text begin (i) transfer of permanent legal and physical custody and receipt of Northstar kinship assistance under chapter 256N, when requested and the child is eligible, are in the child's best interests; deleted text end

deleted text begin (ii) adoption is not in the child's best interests based on the determinations in the kinship placement agreement required under section 256N.22, subdivision 2; deleted text end

deleted text begin (iii) the agency made efforts to discuss adoption with the child's parent or parents, or the agency did not make efforts to discuss adoption and the reasons why efforts were not made; and deleted text end

deleted text begin (iv) there are reasons to separate siblings during placement, if applicable; deleted text end

deleted text begin (8) deleted text end new text begin (e) new text end The court may new text begin : new text end

new text begin (1) new text end defer finalization of an order transferring permanent legal and physical custody to a relative when deferring finalization is necessary to determine eligibility for Northstar kinship assistance under chapter 256N;

deleted text begin (9) the court may deleted text end new text begin (2) new text end finalize a deleted text begin permanent deleted text end transfer of new text begin permanent legal and new text end physical deleted text begin and legal deleted text end custody to a relative regardless of eligibility for Northstar kinship assistance under chapter 256N new text begin , provided that the court has reviewed the suitability of the proposed custodian, including the summary of background study results, consistent with paragraph (b) new text end ; and

deleted text begin (10) the juvenile court may deleted text end new text begin (3) following a transfer of permanent legal and physical custody to a relative, new text end maintain jurisdiction over the responsible social services agency, the parents or guardian of the child, the child, and the permanent legal and physical custodian for purposes of ensuring appropriate services are delivered to the child and permanent legal custodian for the purpose of ensuring conditions ordered by the court related to the care and custody of the child are met.

Sec. 40.

Minnesota Statutes 2022, section 260C.607, subdivision 1, is amended to read:

Subdivision 1.

Review hearings.

(a) The court shall conduct a review of the responsible social services agency's reasonable efforts to finalize adoption for any child under the guardianship of the commissioner and of the progress of the case toward adoption at least every 90 days after the court issues an order that the commissioner is the guardian of the child.

(b) The review of progress toward adoption shall continue notwithstanding that an appeal is made of the order for guardianship new text begin or termination of parental rights new text end .

(c) The agency's reasonable efforts to finalize the adoption must continue during the pendency of the appeal new text begin under paragraph (b) or subdivision 6, paragraph (h), new text end and all progress toward adoption shall continue except that the court may not finalize an adoption while the appeal is pending.

Sec. 41.

Minnesota Statutes 2022, section 260C.607, subdivision 6, is amended to read:

Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the district court orders the child under the guardianship of the commissioner of human services, but not later than 30 days after receiving notice required under section 260C.613, subdivision 1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's foster parent may file a motion for an order for adoptive placement of a child who is under the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section 259.41 or 260C.611 approving the relative or foster parent for adoption. If the relative or foster parent does not have an adoption home study, an affidavit attesting to efforts to complete an adoption home study may be filed with the motion instead. The affidavit must be signed by the relative or foster parent and the responsible social services agency or licensed child-placing agency completing the adoption home study. The relative or foster parent must also have been a resident of Minnesota for at least six months before filing the motion; the court may waive the residency requirement for the moving party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency licensed or approved to complete an adoption home study in the state of the individual's residence and the study is filed with the motion for adoptive placement. If the relative or foster parent does not have an adoption home study in the relative or foster parent's state of residence, an affidavit attesting to efforts to complete an adoption home study may be filed with the motion instead. The affidavit must be signed by the relative or foster parent and the agency completing the adoption home study.

(b) The motion deleted text begin shall deleted text end new text begin must new text end be filed with the court conducting reviews of the child's progress toward adoption under this section. The motion and supporting documents must make a prima facie showing that the agency has been unreasonable in failing to make the requested adoptive placement. The motion must be served according to the requirements for motions under the Minnesota Rules of Juvenile Protection Procedure and deleted text begin shall deleted text end new text begin must new text end be made on all individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the court to determine whether the agency has been unreasonable in failing to make the requested adoptive placement, the court shall dismiss the motion. If the court determines a prima facie basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first with evidence about the reason for not making the adoptive placement proposed by the moving party. When the agency presents evidence regarding the child's current relationship with the identified adoptive placement resource, the court must consider the agency's efforts to support the child's relationship with the moving party consistent with section 260C.221. The moving party then has the burden of proving by a preponderance of the evidence that the agency has been unreasonable in failing to make the adoptive placement.

(e) The court shall review and enter findings regarding whether the agency, in making an adoptive placement decision for the child:

(1) considered relatives for adoptive placement in the order specified under section 260C.212, subdivision 2, paragraph (a); and

(2) assessed how the identified adoptive placement resource and the moving party are each able to meet the child's current and future needs, based on an individualized determination of the child's needs, as required under sections 260C.212, subdivision 2, and 260C.613, subdivision 1, paragraph (b).

(f) At the conclusion of the evidentiary hearing, if the court finds that the agency has been unreasonable in failing to make the adoptive placement and that the moving party is the most suitable adoptive home to meet the child's needs using the factors in section 260C.212, subdivision 2, paragraph (b), the court may:

(1) order the responsible social services agency to make an adoptive placement in the home of the moving party if the moving party has an approved adoption home study; or

(2) order the responsible social services agency to place the child in the home of the moving party upon approval of an adoption home study. The agency must promote and support the child's ongoing visitation and contact with the moving party until the child is placed in the moving party's home. The agency must provide an update to the court after 90 days, including progress and any barriers encountered. If the moving party does not have an approved adoption home study within 180 days, the moving party and the agency must inform the court of any barriers to obtaining the approved adoption home study during a review hearing under this section. If the court finds that the moving party is unable to obtain an approved adoption home study, the court must dismiss the order for adoptive placement under this subdivision and order the agency to continue making reasonable efforts to finalize the adoption of the child as required under section 260C.605.

(g) If, in order to ensure that a timely adoption may occur, the court orders the responsible social services agency to make an adoptive placement under this subdivision, the agency shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement, including assisting the moving party with the adoption home study process;

(2) work with the moving party regarding eligibility for adoption assistance as required under chapter 256N; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval of the adoptive placement through the Interstate Compact on the Placement of Children.

(h) Denial or granting of a motion for an order for adoptive placement after an evidentiary hearing is an order deleted text begin which deleted text end new text begin that new text end may be appealed by the responsible social services agency, the moving party, the child, when age ten or over, the child's guardian ad litem, and any individual who had a fully executed adoption placement agreement regarding the child at the time the motion was filed if the court's order has the effect of terminating the adoption placement agreement. An appeal deleted text begin shall deleted text end new text begin must new text end be conducted according to the requirements of the Rules of Juvenile Protection Procedure. new text begin Pursuant to subdivision 1, paragraph (c), the court shall not finalize an adoption while an appeal is pending. new text end

Sec. 42.

Minnesota Statutes 2022, section 260C.611, is amended to read:

260C.611 ADOPTION STUDY REQUIRED.

(a) An adoption study under section 259.41 approving placement of the child in the home of the prospective adoptive parent deleted text begin shall deleted text end new text begin must new text end be completed before placing any child under the guardianship of the commissioner in a home for adoption. If a prospective adoptive parent has a current child foster care license under chapter 245A and is seeking to adopt a foster child who is placed in the prospective adoptive parent's home and is under the guardianship of the commissioner according to section 260C.325, subdivision 1, the child foster care home study meets the requirements of this section for an approved adoption home study if:

(1) the written home study on which the foster care license was based is completed in the commissioner's designated format, consistent with the requirements in sections 259.41, subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060, subpart 4;

(2) the background studies on each prospective adoptive parent and all required household members were completed according to section 245C.33;

(3) the commissioner has not issued deleted text begin , within the last three years, deleted text end a sanction on the license under section 245A.07 or an order of a conditional license under section 245A.06 new text begin within the last three years, or the commissioner has determined it to be in the child's best interests to allow the child foster care home study to meet requirements of an approved adoption home study upon review of the legally responsible agency's adoptive placement decision new text end ; and

(4) the legally responsible agency determines that the individual needs of the child are being met by the prospective adoptive parent through an assessment under section 256N.24, subdivision 2, or a documented placement decision consistent with section 260C.212, subdivision 2.

(b) If a prospective adoptive parent has previously held a foster care license or adoptive home study, any update necessary to the foster care license, or updated or new adoptive home study, if not completed by the licensing authority responsible for the previous license or home study, shall include collateral information from the previous licensing or approving agency, if available.

Sec. 43.

Minnesota Statutes 2022, section 260C.613, subdivision 1, is amended to read:

Subdivision 1.

Adoptive placement decisions.

(a) The responsible social services agency has exclusive authority to make an adoptive placement deleted text begin of deleted text end new text begin decision for new text end a child under the guardianship of the commissioner. The child deleted text begin shall be considered deleted text end new text begin is legally new text end placed for adoption when the adopting parent, the agency, and the commissioner have fully executed an adoption placement agreement on the form prescribed by the commissioner.

(b) The responsible social services agency shall use an individualized determination of the child's current and future needs, pursuant to section 260C.212, subdivision 2, paragraph (b), to determine the most suitable adopting parent for the child in the child's best interests. The responsible social services agency must consider adoptive placement of the child with relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).

(c) The responsible social services agency shall notify the court and parties entitled to notice under section 260C.607, subdivision 2, when there is a fully executed adoption placement agreement for the child.

new text begin (d) Pursuant to section 260C.615, subdivision 1, paragraph (b), clause (4), the responsible social services agency shall immediately notify the commissioner if the agency learns of any new or previously undisclosed criminal or maltreatment information involving an adoptive placement of a child under guardianship of the commissioner. new text end

deleted text begin (d) deleted text end new text begin (e) new text end In the event new text begin a party to new text end an adoption placement agreement terminates new text begin the agreement new text end , the responsible social services agency shall notify the court, the parties entitled to notice under section 260C.607, subdivision 2, and the commissioner that the agreement and the adoptive placement have terminated.

Sec. 44.

Minnesota Statutes 2022, section 260C.615, subdivision 1, is amended to read:

Subdivision 1.

Duties.

(a) For any child who is under the guardianship of the commissioner, the commissioner has the exclusive rights to consent to:

(1) the medical care plan for the treatment of a child who is at imminent risk of death or who has a chronic disease that, in a physician's judgment, will result in the child's death in the near future including a physician's order not to resuscitate or intubate the child; and

(2) the child donating a part of the child's body to another person while the child is living; the decision to donate a body part under this clause shall take into consideration the child's wishes and the child's culture.

(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty to:

(1) process any complete and accurate request for home study and placement through the Interstate Compact on the Placement of Children under section 260.851;

(2) process any complete and accurate application for adoption assistance forwarded by the responsible social services agency according to chapter 256N;

(3) review and process an adoption placement agreement forwarded to the commissioner by the responsible social services agency and return it to the agency in a timely fashion; deleted text begin and deleted text end

new text begin (4) review new or previously undisclosed information received from the agency or other individuals or entities that may impact the health, safety, or well-being of a child who is the subject of a fully executed adoption placement agreement; and new text end

deleted text begin (4) deleted text end new text begin (5) new text end maintain records as required in chapter 259.

Sec. 45.

Minnesota Statutes 2022, section 260E.03, subdivision 23, as amended by Laws 2024, chapter 80, article 8, section 33, is amended to read:

Subd. 23.

Threatened injury.

(a) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury.

(b) Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in subdivision 17, who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph (b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative new text begin or parent new text end under section 260C.515, subdivision 4, or a similar law of another jurisdiction.

(c) A child is the subject of a report of threatened injury when the local welfare agency receives birth match data under section 260E.14, subdivision 4, from the Department of Human Services.

Sec. 46.

Minnesota Statutes 2022, section 393.07, subdivision 10a, is amended to read:

Subd. 10a.

Expedited issuance of SNAP benefits.

The commissioner of human services shall continually monitor the expedited issuance of SNAP benefits to ensure that each county complies with federal regulations and that households eligible for expedited issuance of SNAP benefits are identified, processed, and certified within the time frames prescribed in federal regulations.

deleted text begin County SNAP benefits offices shall screen applicants on the day of application. Applicants who meet the federal criteria for expedited issuance and have an immediate need for food assistance shall receive within five working days the issuance of SNAP benefits. deleted text end

deleted text begin The local SNAP agency shall conspicuously post in each SNAP office a notice of the availability of and the procedure for applying for expedited issuance and verbally advise each applicant of the availability of the expedited process. deleted text end

Sec. 47.

Minnesota Statutes 2022, section 518.17, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Parents with disabilities. new text end

new text begin (a) A court shall not deny nor restrict a parent's parenting time or custody due to the parent's disability. A party raising disability as a basis for denying or restricting parenting time has the burden to prove by clear and convincing evidence that a parent's specific behaviors during parenting time would endanger the health or safety of the child. If the party meets the burden, a parent with a disability shall have the opportunity to demonstrate how implementing supportive services can alleviate any concerns. The court may require a parent with a disability to use supportive parenting services to facilitate parenting time. new text end

new text begin (b) If a court denies or limits the right of a parent with a disability to custody of a child or visitation with a child, the court shall make specific written findings stating the basis for the denial or limitation and why providing supportive parenting services is not a reasonable accommodation that could prevent denying or limiting the parent's custody or parenting time. new text end

new text begin (c) For purposes of this subdivision, "disability" and "supportive parenting services" have the meanings given in section 260C.141, subdivision 1a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to pleadings and motions pending on or after that date. new text end

ARTICLE 19

DEPARTMENT OF HUMAN SERVICES POLICY

Section 1.

Minnesota Statutes 2023 Supplement, section 13.46, subdivision 4, as amended by Laws 2024, chapter 80, article 8, section 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;

(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, new text begin certification holders, new text end and former licensees are public: name, address, telephone number of licensees, new text begin email addresses except for family child foster care, new text end 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, data on individuals collected by the commissioner of human services 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 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 children, youth, and families 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 or local social services agency knows that the individual is a person responsible for a child's care in another facility, the commissioner 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 2.

new text begin [142C.18] CHILDREN'S RECORDS. new text end

new text begin (a) A certification holder must maintain a record for each child enrolled in the certification holder's program. The record must contain: new text end

new text begin (1) the child's full name, birth date, and home address; new text end

new text begin (2) the name and telephone number of the child's parents or legal guardians; new text end

new text begin (3) the name and telephone number of at least one emergency contact person other than the child's parents who can be reached in an emergency or when there is an injury requiring medical attention and who is authorized to pick up the child; and new text end

new text begin (4) the names and telephone numbers of any additional persons authorized by the parents or legal guardians to pick up the child from the center. new text end

new text begin (b) The certification holder must maintain in the child's record and ensure that during all hours of operation staff can access the following information: new text end

new text begin (1) immunization information as required under section 121A.15 and Minnesota Rules, chapter 4604; new text end

new text begin (2) medication administration documentation as required under section 142C.11, subdivision 3; and new text end

new text begin (3) documentation of any known allergy as required under section 142C.11, subdivision 4. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 245A.02, subdivision 2c, is amended to read:

Subd. 2c.

Annual or annually; family child care new text begin and family child foster care new text end .

For the purposes of new text begin family child care under new text end sections 245A.50 to 245A.53 new text begin and family child foster care training new text end , "annual" or "annually" means each calendar year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 4.

Minnesota Statutes 2022, section 245A.04, subdivision 10, is amended to read:

Subd. 10.

Adoption agency; additional requirements.

In addition to the other requirements of this section, an individual or organization applying for a license to place children for adoption must:

(1) incorporate as a nonprofit corporation under chapter 317A;

(2) file with the application for licensure a copy of the disclosure form required under section 259.37, subdivision 2;

(3) provide evidence that a bond has been obtained and will be continuously maintained throughout the entire operating period of the agency, to cover the cost of transfer of records to and storage of records by the agency which has agreed, according to rule established by the commissioner, to receive the applicant agency's records if the applicant agency voluntarily or involuntarily ceases operation and fails to provide for proper transfer of the records. The bond must be made in favor of the agency which has agreed to receive the records; and

(4) submit a deleted text begin certified audit deleted text end new text begin financial review completed by an accountant new text end to the commissioner each year the license is renewed as required under section 245A.03, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 5.

Minnesota Statutes 2022, section 245A.14, subdivision 17, is amended to read:

Subd. 17.

Reusable water bottles or cups.

Notwithstanding any law to the contrary, a licensed child care center may provide drinking water to a child in a reusable water bottle or reusable cup if the center develops and ensures implementation of a written policy that at a minimum includes the following procedures:

(1) each day the water bottle or cup is used, the child care center cleans and sanitizes the water bottle or cup using procedures that comply with the Food Code under Minnesota Rules, chapter 4626 new text begin , or allows the child's parent or legal guardian to bring the water bottle or cup home to be cleaned and sanitized each day the water bottle or cup is used new text end ;

(2) a water bottle or cup is assigned to a specific child and labeled with the child's first and last name;

(3) water bottles and cups are stored in a manner that reduces the risk of a child using the wrong water bottle or cup; and

(4) a water bottle or cup is used only for water.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 11, is amended to read:

Subd. 11.

Electronic checklist use deleted text begin by family child care licensors deleted text end .

County new text begin and private agency new text end staff who perform deleted text begin family child care deleted text end new text begin delegated new text end licensing functions must use the commissioner's electronic licensing checklist in the manner prescribed by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 7.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:

Subd. 2.

Door to attached garage.

deleted text begin Notwithstanding Minnesota Rules, part 9502.0425, subpart 5, day care residences with an attached garage are not required to have a self-closing door to the residence. The door to the residence may be deleted text end new text begin (a) If there is an opening between an attached garage and a day care residence, there must be a door that is: new text end

new text begin (1) a solid wood bonded-core door at least 1-3/8 inches thick; new text end

new text begin (2) new text end a steel insulated door deleted text begin if the door is deleted text end at least 1-3/8 inches thick deleted text begin . deleted text end new text begin ; or new text end

new text begin (3) a door with a fire protection rating of 20 minutes. new text end

new text begin (b) The separation wall on the garage side between the residence and garage must consist of 1/2-inch-thick gypsum wallboard or its equivalent. new text end

Sec. 8.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Stairways. new text end

new text begin (a) All stairways must meet the requirements in this subdivision. new text end

new text begin (b) Stairways of four or more steps must have handrails on at least one side. new text end

new text begin (c) Any open area between the handrail and stair tread must be enclosed with a protective guardrail as specified in the State Building Code. At open risers, openings located more than 30 inches or 762 millimeters as measured vertically to the floor or grade below must not permit the passage of a sphere four inches or 102 millimeters in diameter. new text end

new text begin (d) Gates or barriers must be used when children aged six to 18 months are in care. new text end

new text begin (e) Stairways must be well lit, in good repair, and free of clutter and obstructions. new text end

Sec. 9.

Minnesota Statutes 2022, section 245A.66, subdivision 2, is amended to read:

Subd. 2.

Child care centers; risk reduction plan.

(a) Child care centers licensed under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan that identifies the general risks to children served by the child care center. The license holder must establish procedures to minimize identified risks, train staff on the procedures, and annually review the procedures.

(b) The risk reduction plan must include an assessment of risk to children the center serves or intends to serve and identify specific risks based on the outcome of the assessment. The assessment of risk must be based on the following:

(1) an assessment of the risks presented by the physical plant where the licensed services are provided, including an evaluation of the following factors: the condition and design of the facility and its outdoor space, bathrooms, storage areas, and accessibility of medications and cleaning products that are harmful to children when children are not supervised and the existence of areas that are difficult to supervise; and

(2) an assessment of the risks presented by the environment for each facility and for each site, including an evaluation of the following factors: the type of grounds and terrain surrounding the building and the proximity to hazards, busy roads, and publicly accessed businesses.

(c) The risk reduction plan must include a statement of measures that will be taken to minimize the risk of harm presented to children for each risk identified in the assessment required under paragraph (b) related to the physical plant and environment. At a minimum, the stated measures must include the development and implementation of specific policies and procedures or reference to existing policies and procedures that minimize the risks identified.

(d) In addition to any program-specific risks identified in paragraph (b), the plan must include development and implementation of specific policies and procedures or refer to existing policies and procedures that minimize the risk of harm or injury to children, including:

(1) closing children's fingers in doors, including cabinet doors;

(2) leaving children in the community without supervision;

(3) children leaving the facility without supervision;

(4) caregiver dislocation of children's elbows;

(5) burns from hot food or beverages, whether served to children or being consumed by caregivers, and the devices used to warm food and beverages;

(6) injuries from equipment, such as scissors and glue guns;

(7) sunburn;

(8) feeding children foods to which they are allergic;

(9) children falling from changing tables; and

(10) children accessing dangerous items or chemicals or coming into contact with residue from harmful cleaning products.

(e) The plan shall prohibit the accessibility of hazardous items to children.

(f) The plan must include specific policies and procedures to ensure adequate supervision of children at all times as defined under section 245A.02, subdivision 18, with particular emphasis on:

(1) times when children are transitioned from one area within the facility to another;

(2) nap-time supervision, including infant crib rooms as specified under section 245A.02, subdivision 18, which requires that when an infant is placed in a crib to sleep, supervision occurs when a staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components;

(3) child drop-off and pick-up times;

(4) supervision during outdoor play and on community activities, including but not limited to field trips and neighborhood walks;

(5) supervision of children in hallways; deleted text begin and deleted text end

(6) supervision of school-age children when using the restroom and visiting the child's personal storage space deleted text begin . deleted text end new text begin ; and new text end

new text begin (7) supervision of preschool children when using an individual, private restroom within the classroom. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 245C.02, subdivision 6a, is amended to read:

Subd. 6a.

Child care background study subject.

(a) "Child care background study subject" means an individual who is affiliated with a licensed child care center, certified license-exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B, and who is:

(1) employed by a child care provider for compensation;

(2) assisting in the care of a child for a child care provider;

(3) a person applying for licensure, certification, or enrollment;

(4) a controlling individual as defined in section 245A.02, subdivision 5a;

(5) an individual 13 years of age or older who lives in the household where the licensed program will be provided and who is not receiving licensed services from the program;

(6) an individual ten to 12 years of age who lives in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;

(7) an individual who, without providing direct contact services at a licensed program, certified program, or program authorized under chapter 119B, may have unsupervised access to a child receiving services from a program when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15; deleted text begin or deleted text end

(8) a volunteer, contractor providing services for hire in the program, prospective employee, or other individual who has unsupervised physical access to a child served by a program and who is not under supervision by an individual listed in clause (1) or (5), regardless of whether the individual provides program services deleted text begin . deleted text end new text begin ; or new text end

new text begin (9) an authorized agent in a license-exempt certified child care center as defined in section 142C.01, subdivision 3. new text end

(b) Notwithstanding paragraph (a), an individual who is providing services that are not part of the child care program is not required to have a background study if:

(1) the child receiving services is signed out of the child care program for the duration that the services are provided;

(2) the licensed child care center, certified license-exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B has obtained advanced written permission from the parent authorizing the child to receive the services, which is maintained in the child's record;

(3) the licensed child care center, certified license-exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B maintains documentation on site that identifies the individual service provider and the services being provided; and

(4) the licensed child care center, certified license-exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B ensures that the service provider does not have unsupervised access to a child not receiving the provider's services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245C.033, subdivision 3, is amended to read:

Subd. 3.

Procedure; maltreatment and state licensing agency data.

new text begin (a) For requests paid directly by the guardian or conservator, new text end requests for maltreatment and state licensing agency data checks must be submitted by the guardian or conservator to the commissioner on the form or in the manner prescribed by the commissioner. Upon receipt of a signed informed consent and payment under section 245C.10, the commissioner shall complete the maltreatment and state licensing agency checks. Upon completion of the checks, the commissioner shall provide the requested information to the courts on the form or in the manner prescribed by the commissioner.

new text begin (b) For requests paid by the court based on the in forma pauperis status of the guardian or conservator, requests for maltreatment and state licensing agency data checks must be submitted by the court to the commissioner on the form or in the manner prescribed by the commissioner. The form will serve as certification that the individual has been granted in forma pauperis status. Upon receipt of a signed data request consent form from the court, the commissioner shall initiate the maltreatment and state licensing agency checks. Upon completion of the checks, the commissioner shall provide the requested information to the courts on the form or in the manner prescribed by the commissioner. new text end

Sec. 12.

Minnesota Statutes 2022, section 245C.08, subdivision 4, is amended to read:

Subd. 4.

Juvenile court records.

(a) For a background study conducted by the Department of Human Services, the commissioner shall review records from the juvenile courts for an individual studied under deleted text begin section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin this chapter new text end when the commissioner has reasonable cause.

deleted text begin (b) For a background study conducted by a county agency for family child care before the implementation of NETStudy 2.0, the commissioner shall review records from the juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13 through 23 living in the household where the licensed services will be provided. The commissioner shall also review records from juvenile courts for any other individual listed under section 245C.03, subdivision 1, when the commissioner has reasonable cause. deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The juvenile courts shall help with the study by giving the commissioner existing juvenile court records relating to delinquency proceedings held on individuals deleted text begin described in section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin who are subjects of studies under this chapter new text end when requested pursuant to this subdivision.

deleted text begin (d) deleted text end new text begin (c) new text end For purposes of this chapter, a finding that a delinquency petition is proven in juvenile court shall be considered a conviction in state district court.

deleted text begin (e) deleted text end new text begin (d) new text end Juvenile courts shall provide orders of involuntary and voluntary termination of parental rights under section 260C.301 to the commissioner upon request for purposes of conducting a background study under this chapter.

Sec. 13.

Minnesota Statutes 2023 Supplement, section 245C.10, subdivision 15, is amended to read:

Subd. 15.

Guardians and conservators.

new text begin (a) new text end The commissioner shall recover the cost of conducting maltreatment and state licensing agency checks for guardians and conservators under section 245C.033 through a fee of no more than $50. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting maltreatment and state licensing agency checks.

new text begin (b) new text end The fee must be paid directly to and in the manner prescribed by the commissioner before any maltreatment and state licensing agency checks under section 245C.033 may be conducted.

new text begin (c) Notwithstanding paragraph (b), the court shall pay the fee for an applicant who has been granted in forma pauperis status upon receipt of the invoice from the commissioner. new text end

Sec. 14.

Minnesota Statutes 2022, section 245E.08, is amended to read:

245E.08 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.

(a) A person who, in good faith, makes a report of or testifies in any action or proceeding in which financial misconduct is alleged, and who is not involved in, has not participated in, or has not aided and abetted, conspired, or colluded in the financial misconduct, shall have immunity from any liability, civil or criminal, that results by reason of the person's report or testimony. For the purpose of any proceeding, the good faith of any person reporting or testifying under this provision shall be presumed.

(b) If a person that is or has been involved in, participated in, aided and abetted, conspired, or colluded in the financial misconduct reports the financial misconduct, the department may consider that person's report and assistance in investigating the misconduct as a mitigating factor in the department's pursuit of civil, criminal, or administrative remedies.

new text begin (c) After an investigation is complete, the reporter's name must be kept confidential. The subject of the report may compel disclosure of the reporter's name only with the consent of the reporter or upon a written finding by a district court that the report was false and there is evidence that the report was made in bad faith. This paragraph does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure, except that when the identity of the reporter is relevant to a criminal prosecution the district court shall conduct an in-camera review before determining whether to order disclosure of the reporter's identity. new text end

Sec. 15.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin Infant. new text end

new text begin "Infant" means a child who is at least six weeks old but less than 16 months old. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 16.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision to read:

new text begin Subd. 6b. new text end

new text begin Preschooler. new text end

new text begin "Preschooler" means a child who is at least 33 months old but who has not yet attended the first day of kindergarten. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 17.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision to read:

new text begin Subd. 6c. new text end

new text begin School-age child. new text end

new text begin "School-age child" means a child who is of sufficient age to have attended the first day of kindergarten or is eligible to enter kindergarten within four months and who: new text end

new text begin (1) is no more than 13 years old; new text end

new text begin (2) is 14 years old and has a disability and is eligible for child care assistance under chapter 142E; new text end

new text begin (3) is eligible for child care assistance until redetermination under section 142E.10, subdivision 1, paragraph (e); or new text end

new text begin (4) attends a certified center that serves only school-age children in a setting that has no students enrolled in a grade higher than 8th grade. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 18.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision to read:

new text begin Subd. 8a. new text end

new text begin Toddler. new text end

new text begin "Toddler" means a child who is at least 16 months old but less than 33 months old. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 1, is amended to read:

Subdivision 1.

Correction order new text begin and conditional certification new text end requirements.

(a) If the applicant or certification holder deleted text begin failed deleted text end new text begin fails new text end to comply with a law or rule, the commissioner may issue a correction order. The correction order must state:

(1) the condition that constitutes a violation of the law or rule;

(2) the specific law or rule violated; and

(3) the time allowed to correct each violation.

(b) deleted text begin The commissioner may issue a correction order to the applicant or certification holder through the provider licensing and reporting hub. deleted text end new text begin If the applicant or certification holder fails to comply with a law or rule, the commissioner may issue a conditional certification. When issuing a conditional certification, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program. The conditional order must state: new text end

new text begin (1) the conditions that constitute a violation of the law or rule; new text end

new text begin (2) the specific law or rule violated; new text end

new text begin (3) the time allowed to correct each violation; and new text end

new text begin (4) the length and terms of the conditional certification, and the reasons for making the certification conditional. new text end

new text begin (c) Nothing in this section prohibits the commissioner from decertifying a center under section 142C.07 before issuing a correction order or conditional certification. new text end

new text begin (d) The commissioner may issue a correction order or conditional certification to the applicant or certification holder through the provider licensing and reporting hub. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 2, is amended to read:

Subd. 2.

Reconsideration request.

(a) If the applicant or certification holder believes that the commissioner's correction order new text begin or conditional certification new text end is erroneous, the applicant or certification holder may ask the commissioner to reconsider the part of the correction order new text begin or conditional certification new text end that is allegedly erroneous. A request for reconsideration must be made in writing and postmarked or submitted through the provider licensing and reporting hub and sent to the commissioner within 20 calendar days after the applicant or certification holder received the correction order new text begin or conditional certification new text end , and must:

(1) specify the part of the correction order new text begin or conditional certification new text end that is allegedly erroneous;

(2) explain why the specified part is erroneous; and

(3) include documentation to support the allegation of error.

(b) A request for reconsideration new text begin of a correction order new text end does not stay any provision or requirement of the correction order. The commissioner's disposition of a request for reconsideration is final and not subject to appeal.

new text begin (c) A timely request for reconsideration of a conditional certification shall stay imposition of the terms of the conditional certification until the commissioner issues a decision on the request for reconsideration. new text end

deleted text begin (c) deleted text end new text begin (d) new text end Upon implementation of the provider licensing and reporting hub, the provider must use the hub to request reconsideration. If the order is issued through the provider hub, the request must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 21.

Minnesota Statutes 2022, section 245H.08, subdivision 1, is amended to read:

Subdivision 1.

Staffing requirements.

new text begin (a) Except as provided in paragraph (b), new text end during hours of operation, a certified center must have a director deleted text begin or designee deleted text end on site who is responsible for overseeing implementation of written policies relating to the management and control of the daily activities of the program, ensuring the health and safety of program participants, and supervising staff and volunteers.

new text begin (b) When the director is absent, a certified center must designate a staff person who is at least 18 years old to fulfill the director's responsibilities under this subdivision to ensure continuity of program oversight. The designee does not have to meet the director qualifications in subdivision 2 but must be aware of their designation and responsibilities under this subdivision. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 22.

Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 4, is amended to read:

Subd. 4.

Maximum group size.

(a) For deleted text begin a child six weeks old through 16 months old deleted text end new text begin an infant new text end , the maximum group size deleted text begin shall be no more than deleted text end new text begin is new text end eight children.

(b) For a deleted text begin child 16 months old through 33 months old deleted text end new text begin toddler new text end , the maximum group size deleted text begin shall be no more than deleted text end new text begin is new text end 14 children.

(c) For a deleted text begin child 33 months old through prekindergarten deleted text end new text begin preschooler new text end , deleted text begin a deleted text end new text begin the new text end maximum group size deleted text begin shall be no more than deleted text end new text begin is new text end 20 children.

(d) For a deleted text begin child in kindergarten through 13 years old deleted text end new text begin school-age child new text end , deleted text begin a deleted text end new text begin the new text end maximum group size deleted text begin shall be no more than deleted text end new text begin is new text end 30 children.

(e) The maximum group size applies at all times except during group activity coordination time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and special activity including a film, guest speaker, indoor large muscle activity, or holiday program.

deleted text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14 years of age or older if one of the following conditions is true: deleted text end

deleted text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision 1, paragraph (e); or deleted text end

deleted text begin (2) the certified center serves only school-age children in a setting that has students enrolled in no grade higher than 8th grade. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 23.

Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 5, is amended to read:

Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

deleted text begin six weeks old through 16 months old deleted text end new text begin infants new text end	1:4
deleted text begin 16 months old through 33 months old deleted text end new text begin toddlers new text end	1:7
deleted text begin 33 months old through prekindergarten deleted text end new text begin preschoolers new text end	1:10
deleted text begin kindergarten through 13 years old deleted text end new text begin school-age children new text end	1:15

deleted text begin (b) Kindergarten includes a child of sufficient age to have attended the first day of kindergarten or who is eligible to enter kindergarten within the next four months. deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end For deleted text begin mixed deleted text end new text begin mixed-age new text end groups, the ratio for the age group of the youngest child applies.

deleted text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14 years of age or older if one of the following conditions is true: deleted text end

deleted text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision 1, paragraph (e); or deleted text end

deleted text begin (2) the certified center serves only school-age children in a setting that has students enrolled in no grade higher than 8th grade. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 24.

Minnesota Statutes 2022, section 245H.14, subdivision 1, is amended to read:

Subdivision 1.

First aid and cardiopulmonary resuscitation.

(a) Before having unsupervised direct contact with a child, but within deleted text begin the first deleted text end 90 days deleted text begin of employment for deleted text end new text begin after the first date of direct contact with a child, new text end the director deleted text begin and deleted text end new text begin , new text end all staff persons, deleted text begin and within 90 days after the first date of direct contact with a child for deleted text end substitutes new text begin , new text end and unsupervised volunteers deleted text begin , each person deleted text end must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) training, unless the training has been completed within the previous two calendar years. Staff must complete the pediatric first aid and pediatric CPR training at least every other calendar year and the center must document the training in the staff person's personnel record.

(b) Training completed under this subdivision may be used to meet the in-service training requirements under subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 25.

Minnesota Statutes 2022, section 245H.14, subdivision 4, is amended to read:

Subd. 4.

Child development.

deleted text begin The certified center must ensure that the director and all staff persons complete child development and learning training within 90 days of employment and every second calendar year thereafter. Substitutes and unsupervised volunteers must complete child development and learning training within 90 days after the first date of direct contact with a child and every second calendar year thereafter. deleted text end new text begin Before having unsupervised direct contact with a child, but within 90 days after the first date of direct contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers must complete child development and learning training. Child development and learning training must be repeated every second calendar year thereafter. new text end The director and staff persons not including substitutes must complete at least two hours of training on child development. The training for substitutes and unsupervised volunteers is not required to be of a minimum length. For purposes of this subdivision, "child development and learning training" means how a child develops physically, cognitively, emotionally, and socially and learns as part of the child's family, culture, and community.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 26.

Minnesota Statutes 2022, section 260E.30, subdivision 3, as amended by Laws 2024, chapter 80, article 8, section 41, is amended to read:

Subd. 3.

Nonmaltreatment mistake.

(a) If paragraph (b) applies, rather than making a determination of substantiated maltreatment by the individual, the commissioner of children, youth, and families shall determine that the individual made a nonmaltreatment mistake.

(b) A nonmaltreatment mistake occurs when:

deleted text begin (1) at the time of the incident, the individual was performing duties identified in the facility's child care program plan required under Minnesota Rules, part 9503.0045; deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;

deleted text begin (3) deleted text end new text begin (2) new text end the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;

deleted text begin (4) deleted text end new text begin (3) new text end any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; deleted text begin and deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing new text begin and certification new text end requirements relevant to the incident deleted text begin . deleted text end new text begin ; and new text end

new text begin (5) at the time of the incident, the individual was performing duties identified in the licensed center's child care program plan required under Minnesota Rules, part 9503.0045. This clause applies only to child care centers licensed under Minnesota Rules, chapter 9503. new text end

(c) This subdivision only applies to child care centers new text begin certified under chapter 142C and new text end licensed under Minnesota Rules, chapter 9503.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024. new text end

Sec. 27.

Laws 2024, chapter 80, article 2, section 5, is amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Family child foster care annual program evaluation. new text end

new text begin Upon implementation of a continuous license process for family child foster care, the annual program evaluation required under Minnesota Rules, part 2960.3100, subpart 1, item G, must be conducted utilizing the electronic licensing inspection checklist information and the provider licensing and reporting hub in a manner prescribed by the commissioner. new text end

Sec. 28.

Laws 2024, chapter 80, article 2, section 16, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Licensed child-placing agency personnel requirements. new text end

new text begin (a) A licensed child-placing agency must have an individual designated on staff or contract who supervises the agency's casework. Supervising an agency's casework includes but is not limited to: new text end

new text begin (1) reviewing and approving each written home study the agency completes on prospective foster parents or applicants to adopt; new text end

new text begin (2) ensuring ongoing compliance with licensing requirements; and new text end

new text begin (3) overseeing staff and ensuring they have the training and resources needed to perform their responsibilities. new text end

new text begin (b) The individual who supervises the agency's casework must meet at least one of the following qualifications: new text end

new text begin (1) is a licensed social worker, licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker; new text end

new text begin (2) is a trained culturally competent professional with experience in a relevant field; or new text end

new text begin (3) is a licensed clinician with experience in a related field, including a clinician licensed by a health-related licensing board under section 214.01, subdivision 2. new text end

new text begin (c) The commissioner may grant a variance under section 142B.10, subdivision 16, to the requirements in this section. new text end

Sec. 29.

new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FAMILY CHILD FOSTER CARE CONTINUOUS LICENSES. new text end

new text begin The commissioner of human services, and upon transfer of responsibility for family child foster care licensing the commissioner of children, youth, and families, shall develop a continuous license process for family child foster care licenses. The continuous license process shall be incorporated into the development of the electronic licensing inspection checklist information and provider licensing and reporting hub for family child foster care. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024. new text end

Sec. 30.

new text begin REPEALER. new text end

new text begin Minnesota Rules, parts 9502.0425, subparts 5 and 10; and 9545.0805, subpart 1, new text end new text begin are repealed. new text end

ARTICLE 20

MISCELLANEOUS

Section 1.

Minnesota Statutes 2022, section 16A.103, is amended by adding a subdivision to read:

new text begin Subd. 1j. new text end

new text begin Federal reimbursement for administrative costs. new text end

new text begin In preparing the forecast of state revenues and expenditures under subdivision 1, the commissioner must include estimates of the amount of federal reimbursement for administrative costs for the Department of Human Services and the Department of Children, Youth, and Families in the forecast as an expenditure reduction. The amount included under this subdivision must conform with generally accepted accounting principles. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Laws 2023, chapter 70, article 11, section 13, subdivision 8, is amended to read:

Subd. 8.

Expiration.

This section expires June 30, deleted text begin 2027 deleted text end new text begin 2028 new text end .

ARTICLE 21

HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. new text begin HUMAN SERVICES FORECAST ADJUSTMENTS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2023, chapter 61, article 9, and Laws 2023, chapter 70, article 20, to the commissioner of human services from the general fund or other named fund for the purposes specified in section 2 and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 137,604,000 new text end

new text begin $ new text end

new text begin 329,432,000 new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin 139,746,000 new text end	new text begin 325,606,000 new text end
new text begin Health Care Access Fund new text end	new text begin 10,542,000 new text end	new text begin 6,224,000 new text end
new text begin Federal TANF new text end	new text begin (12,684,000) new text end	new text begin (2,398,000) new text end

new text begin Subd. 2. new text end new text begin Forecasted Programs new text end

new text begin (a) MFIP/DWP new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin (5,990,000) new text end	new text begin (2,793,000) new text end
new text begin Federal TANF new text end	new text begin (12,684,000) new text end	new text begin (2,398,000) new text end

new text begin (b) MFIP Child Care Assistance new text end

new text begin (36,726,000) new text end

new text begin (26,004,000) new text end

new text begin (c) General Assistance new text end

new text begin (567,000) new text end

new text begin 292,000 new text end

new text begin (d) Minnesota Supplemental Aid new text end

new text begin 1,424,000 new text end

new text begin 1,500,000 new text end

new text begin (e) Housing Support new text end

new text begin 11,200,000 new text end

new text begin 14,667,000 new text end

new text begin (f) Northstar Care for Children new text end

new text begin (3,697,000) new text end

new text begin (11,309,000) new text end

new text begin (g) MinnesotaCare new text end

new text begin 10,542,000 new text end

new text begin 6,224,000 new text end

new text begin These appropriations are from the health care access fund. new text end

new text begin (h) Medical Assistance new text end

new text begin 180,321,000 new text end

new text begin 352,357,000 new text end

new text begin (i) Behavioral Health Fund new text end

new text begin (6,219,000) new text end

new text begin (3,104,000) new text end

Sec. 3.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective the day following final enactment. new text end

ARTICLE 22

CHILDREN AND FAMILIES APPROPRIATIONS

Section 1. new text begin HUMAN SERVICES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2023, chapter 61, article 9; Laws 2023, chapter 70, article 20; and Laws 2023, chapter 74, section 6, to the agencies and for the purposes specified in this article. The appropriations are from the general fund or other named fund and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. Base adjustments mean the addition to or subtraction from the base level adjustment set in Laws 2023, chapter 61, article 9; Laws 2023, chapter 70, article 20; and Laws 2023, chapter 74, section 6. Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2024, are effective the day following final enactment unless a different effective date is explicit. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,615,000 new text end

new text begin $ new text end

new text begin 30,348,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end new text begin Central Office; Operations new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,369,000 new text end	new text begin 9,896,000 new text end
new text begin Federal TANF new text end	new text begin (990,000) new text end	new text begin (1,094,000) new text end

new text begin (a) Social Services Information System (SSIS). $9,657,000 in fiscal year 2025 is for information technology improvements to the SSIS. The appropriation must be used to develop and implement a modernization plan for SSIS that addresses priorities established through collaborative planning with counties and Tribal Nations that use SSIS. Priorities must take into consideration available funding and have a direct impact on child welfare casework. The appropriation must not be used for changes to SSIS that are not part of the modernization plan or for other Department of Human Services information technology systems. This is a onetime appropriation. new text end

new text begin (b) Base Level Adjustment. The general fund base is increased by $4,413,000 in fiscal year 2026 and increased by $4,413,000 in fiscal year 2027. The federal TANF fund base is decreased by $1,094,000 in fiscal year 2026 and decreased by $1,094,000 in fiscal year 2027. new text end

new text begin Subd. 3. new text end new text begin Central Office; Children and Families new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,598,000 new text end	new text begin 6,217,000 new text end
new text begin Federal TANF new text end	new text begin 990,000 new text end	new text begin 1,094,000 new text end

new text begin (a) Child Maltreatment Reporting Review. $200,000 in fiscal year 2025 is to conduct a review of child maltreatment reporting processes and systems in various states, evaluate the costs and benefits of each reviewed state's system, and submit a report to the legislature with recommendations. This is a onetime appropriation. new text end

new text begin (b) Pregnant and Parenting Homeless Youth Study. $150,000 in fiscal year 2025 is from the general fund for a contract with the Wilder Foundation to study the statewide numbers and unique needs of pregnant and parenting youth experiencing homelessness and best practices in supporting those youth within programming, emergency shelter, and housing settings. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (c) Emergency Shelter Needs Analysis for Transgender Adults Experiencing Homelessness. Notwithstanding section 12, $150,000 in fiscal year 2025 is for a contract with Propel Nonprofits to conduct a needs analysis and a site analysis for emergency shelter serving transgender adults experiencing homelessness. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (d) Base Level Adjustment. The general fund base is increased by $5,208,000 in fiscal year 2026 and increased by $5,208,000 in fiscal year 2027. The federal TANF fund base is increased by $1,094,000 in fiscal year 2026 and increased by $1,094,000 in fiscal year 2027. new text end

new text begin Subd. 4. new text end new text begin Central Office; Health Care new text end

new text begin (3,216,000) new text end

new text begin 3,216,000 new text end

new text begin Subd. 5. new text end new text begin Central Office; Behavioral Health, Deaf and Hard-of-Hearing, and Housing Services new text end

new text begin (136,000) new text end

new text begin 136,000 new text end

new text begin Extended Availability. $136,000 of the general fund appropriation in fiscal year 2025 is available until June 30, 2027. new text end

new text begin Subd. 6. new text end new text begin Grant Programs; Child Care Development Grants new text end

new text begin Professional Development for Child Care Provider Associate Credential Coursework. The commissioner must allocate $500,000 in fiscal year 2025 from the federal child care and development block grant for distribution to child care resource and referral programs to coordinate professional development opportunities for child care providers under Minnesota Statutes, section 119B.19, subdivision 7, clause (5), for training related to obtaining a child development associate credential. This is a onetime allocation and is available through June 30, 2027. new text end

new text begin Subd. 7. new text end new text begin Grant Programs; Children's Services Grants new text end

new text begin -0- new text end

new text begin 550,000 new text end

new text begin Supporting Relative Caregiver Grants. $550,000 in fiscal year 2025 is for the supporting relative caregiver grant program. This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0. new text end

new text begin Subd. 8. new text end new text begin Grant Programs; Children and Community Support Grants new text end

new text begin -0- new text end

new text begin (2,704,000) new text end

new text begin This is a onetime reduction. new text end

new text begin Subd. 9. new text end new text begin Grant Programs; Children and Economic Support Grants new text end

new text begin -0- new text end

new text begin 10,019,000 new text end

new text begin (a) American Indian Food Sovereignty Funding Program. $1,000,000 in fiscal year 2025 is for the American Indian food sovereignty funding program under Minnesota Statutes, section 256E.342. This is a onetime appropriation and is available until June 30, 2026. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0. new text end

new text begin (b) Minnesota Food Bank Program. $2,392,000 in fiscal year 2025 is for Minnesota's regional food banks that the commissioner contracts with for the purposes of the emergency food assistance program (TEFAP). The commissioner shall distribute funding under this paragraph in accordance with the federal TEFAP formula and guidelines of the United States Department of Agriculture. Funding must be used by all regional food banks to purchase food that will be distributed free of charge to TEFAP partner agencies. Funding must also cover the handling and delivery fees typically paid by food shelves to food banks to ensure that costs associated with funding under this paragraph are not incurred at the local level. This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0. new text end

new text begin (c) Minnesota Food Shelf Program. $2,000,000 in fiscal year 2025 is for the Minnesota food shelf program under Minnesota Statutes, section 256E.34. This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0. new text end

new text begin (d) Child Care Improvement Grants. $1,125,000 in fiscal year 2025 is for the child care improvement grant program under Minnesota Statutes, section 119B.25, subdivision 3, paragraph (a), clause (7). Of this appropriation, up to $300,000 may be used for program costs, including but not limited to conducting outreach to and engaging with potential grantees, providing technical assistance for applicants, reviewing applications and processing grant awards, and administering compliance audits and related program integrity activities. This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0. new text end

new text begin (e) Emergency Services Program. $3,391,000 in fiscal year 2025 is for emergency services grants under Minnesota Statutes, section 256E.36. The commissioner must distribute grants under this paragraph to entities that received an emergency services grant award for fiscal years 2024 and 2025 and have emerging, critical, and immediate homelessness response needs that have arisen since receiving the award, including: (1) the need to support overnight emergency shelter capacity or daytime service capacity that has a demonstrated and significant increase in the number of persons served in fiscal year 2024 compared to fiscal year 2023; and (2) the need to maintain existing overnight emergency shelter bed capacity or daytime service capacity that has a demonstrated and significant risk of closure before April 30, 2025. This is a onetime appropriation and is available until June 30, 2027. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0. new text end

new text begin (f) Base Level Adjustment. The general fund base is decreased by $2,593,000 in fiscal year 2026 and decreased by $2,593,000 in fiscal year 2027. new text end

new text begin Subd. 10. new text end new text begin Grant Programs; Fraud Prevention Grants new text end

new text begin -0- new text end

new text begin 3,018,000 new text end

new text begin Base Level Adjustment. The general fund base is increased by $3,018,000 in fiscal year 2026 and $3,018,000 in fiscal year 2027. new text end

Sec. 3. new text begin COMMISSIONER OF EDUCATION new text end

new text begin $ new text end

new text begin 1,882,000 new text end

new text begin $ new text end

new text begin 1,715,000 new text end

new text begin (a) Summer EBT. $1,882,000 in fiscal year 2024 and $1,542,000 in fiscal year 2025 are for administration of the summer electronic benefits transfer program under Public Law 117-328. The base for this appropriation is $572,000 in fiscal year 2026 and $572,000 in fiscal year 2027. new text end

new text begin (b) Operating Adjustment for Department of Children, Youth, and Families Transition. $173,000 in fiscal year 2025 is to maintain current levels of service after the transition of staff and resources to the Department of Children, Youth, and Families. The base for this appropriation is $345,000 in fiscal year 2026 and $345,000 in fiscal year 2027. new text end

new text begin (c) Base Level Adjustment. The general fund base is increased by $917,000 in fiscal year 2026 and increased by $917,000 in fiscal year 2027. new text end

Sec. 4. new text begin COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 3,279,000 new text end

new text begin new text begin Base Level Adjustment. new text end The general fund base is increased by $7,183,000 in fiscal year 2026 and increased by $6,833,000 in fiscal year 2027. new text end

Sec. 5. new text begin OFFICE OF THE OMBUDSPERSON FOR FAMILY CHILD CARE PROVIDERS new text end

new text begin new text begin Child Care and Development Block Grant Allocation. new text end The commissioner of human services must allocate $350,000 in fiscal year 2025, and each fiscal year thereafter from the child care and development block grant to the Ombudsperson for Family Child Care Providers under Minnesota Statutes, section 245.975. new text end

Sec. 6. new text begin SUPREME COURT new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin new text begin Supreme Court Council on Child Protection. new text end $1,000,000 in fiscal year 2025 is for the establishment and administration of the Supreme Court Council on Child Protection. This is a onetime appropriation and is available until June 30, 2026. new text end

Sec. 7.

Laws 1987, chapter 404, section 18, subdivision 1, is amended to read:

Subdivision 1.

Total

Appropriation 8,009,500 7,585,900

Approved Complement - 124

General - 124 124

Rural Finance - 0 2

The amounts that may be spent from this appropriation for each activity are specified below.

$141,000 the first year to cover costs associated with modifying the state's personnel/payroll systems. Any unencumbered balance remaining in the first year does not cancel but is available for the second year of the biennium.

deleted text begin The department of finance shall reflect the reimbursement of statewide indirect costs and human services federal reimbursement costs as expenditure reductions in the general fund budgeted fund balance as they would be reported in conformity with generally accepted accounting principles. deleted text end

Amounts paid to the department of finance pursuant to Minnesota Statutes, section 13.03, subdivision 3, for the costs of searching for and retrieving government data and for making, certifying and compiling the copies of the data, are appropriated to the department of finance to be added to the appropriations from which the costs were paid.

The governor's budget recommendations submitted to the legislature in January, 1989 must include as general fund revenue and appropriations for fiscal years 1990 and 1991 all revenues and expenditures previously accounted for in the statewide accounting system in other operating funds. This requirement does not apply (1) to revenues and expenditures which, under the constitution, must be accounted for in funds other than the general fund; or (2) to revenues and expenditures which are related to specific user fees that provide a primary benefit to individual fee payers, as opposed to the general community.

Notwithstanding the provision of Minnesota Statutes, section 16A.11, the commissioner of finance shall consult with and seek the recommendations of the chair of the House Appropriations committee and the chair of the Senate Finance committee as well as their respective division and subcommittee chairs prior to adopting a format for the 1989-1991 biennial budget document. The commissioner of finance shall not adopt a format for the 1989-1991 biennial budget until the commissioner has received the recommendations of the chair of the house appropriations committee and the chair of the senate finance committee. Appropriations provided to the department of finance to upgrade the current biennial budget system shall only be expended upon receipt of the recommendations of the chair of the house appropriations committee and the chair of the senate finance committee. These recommendations are advisory only.

Sec. 8.

Laws 2023, chapter 70, article 20, section 2, subdivision 22, is amended to read:

Subd. 22. Grant Programs; Children's Services Grants

Appropriations by Fund
General	86,212,000	85,063,000
Federal TANF	140,000	140,000

(a) Title IV-E Adoption Assistance. The commissioner shall allocate funds from the state's savings from the Fostering Connections to Success and Increasing Adoptions Act's expanded eligibility for Title IV-E adoption assistance as required in Minnesota Statutes, section 256N.261, and as allowable under federal law. Additional savings to the state as a result of the Fostering Connections to Success and Increasing Adoptions Act's expanded eligibility for Title IV-E adoption assistance is for postadoption, foster care, adoption, and kinship services, including a parent-to-parent support network and as allowable under federal law.

(b) Mille Lacs Band of Ojibwe American Indian child welfare initiative. $3,337,000 in fiscal year 2024 and $5,294,000 in fiscal year 2025 are from the general fund for the Mille Lacs Band of Ojibwe to join the American Indian child welfare initiative. The base for this appropriation is $7,893,000 in fiscal year 2026 and $7,893,000 in fiscal year 2027.

(c) Leech Lake Band of Ojibwe American Indian child welfare initiative. $1,848,000 in fiscal year 2024 and $1,848,000 in fiscal year 2025 are from the general fund for the Leech Lake Band of Ojibwe to participate in the American Indian child welfare initiative.

(d) Red Lake Band of Chippewa American Indian child welfare initiative. $3,000,000 in fiscal year 2024 and $3,000,000 in fiscal year 2025 are from the general fund for the Red Lake Band of Chippewa to participate in the American Indian child welfare initiative.

(e) White Earth Nation American Indian child welfare initiative. $3,776,000 in fiscal year 2024 and $3,776,000 in fiscal year 2025 are from the general fund for the White Earth Nation to participate in the American Indian child welfare initiative.

(f) Indian Child welfare grants. $4,405,000 in fiscal year 2024 and $4,405,000 in fiscal year 2025 are from the general fund for Indian child welfare grants under Minnesota Statutes, section 260.785. The base for this appropriation is $4,640,000 in fiscal year 2026 and $4,640,000 in fiscal year 2027.

(g) Child welfare staff allocation for Tribes. $799,000 in fiscal year 2024 and $799,000 in fiscal year 2025 are from the general fund for grants to Tribes for child welfare staffing under Minnesota Statutes, section 260.786.

(h) Grants for kinship navigator services. $764,000 in fiscal year 2024 and $764,000 in fiscal year 2025 are from the general fund for grants for kinship navigator services and grants to Tribal Nations for kinship navigator services under Minnesota Statutes, section 256.4794. The base for this appropriation is $506,000 in fiscal year 2026 and $507,000 in fiscal year 2027.

(i) Family first prevention and early intervention assessment response grants. $4,000,000 in fiscal year 2024 and $6,112,000 in fiscal year 2025 are from the general fund for family assessment response grants under Minnesota Statutes, section 260.014. new text begin Any unexpended amount in fiscal year 2024 is available in fiscal year 2025. new text end The base for this appropriation is $6,000,000 in fiscal year 2026 and $6,000,000 in fiscal year 2027.

(j) Grants for evidence-based prevention and early intervention services. $4,329,000 in fiscal year 2024 and $4,100,000 in fiscal year 2025 are from the general fund for grants to support evidence-based prevention and early intervention services under Minnesota Statutes, section 256.4793.

(k) Grant to administer pool of qualified individuals for assessments. $250,000 in fiscal year 2024 and $250,000 in fiscal year 2025 are from the general fund for grants to establish and manage a pool of state-funded qualified individuals to conduct assessments for out-of-home placement of a child in a qualified residential treatment program.

(l) Quality parenting initiative grant program. $100,000 in fiscal year 2024 and $100,000 in fiscal year 2025 are from the general fund for a grant to Quality Parenting Initiative Minnesota under Minnesota Statutes, section 245.0962.

(m) STAY in the community grants. $1,579,000 in fiscal year 2024 and $2,247,000 in fiscal year 2025 are from the general fund for the STAY in the community program under Minnesota Statutes, section 260C.452. This is a onetime appropriation and is available until June 30, 2027.

(n) Grants for community resource centers. $5,657,000 in fiscal year 2024 is from the general fund for grants to establish a network of community resource centers. This is a onetime appropriation and is available until June 30, 2027.

deleted text begin (o) Family assets for independence in Minnesota. $1,405,000 in fiscal year 2024 and $1,391,000 in fiscal year 2025 are from the general fund for the family assets for independence in Minnesota program, under Minnesota Statutes, section 256E.35. This is a onetime appropriation and is available until June 30, 2027. deleted text end

deleted text begin (p) deleted text end new text begin (o) new text end Base level adjustment. The general fund base is $85,280,000 in fiscal year 2026 and $85,281,000 in fiscal year 2027.

Sec. 9.

Laws 2023, chapter 70, article 20, section 2, subdivision 24, is amended to read:

Subd. 24. Grant Programs; Children and Economic Support Grants

212,877,000

78,333,000

(a) Fraud prevention initiative start-up grants. $400,000 in fiscal year 2024 is for start-up grants to the Red Lake Nation, White Earth Nation, and Mille Lacs Band of Ojibwe to develop a fraud prevention program. This is a onetime appropriation and is available until June 30, 2025.

(b) American Indian food sovereignty funding program. $3,000,000 in fiscal year 2024 and $3,000,000 in fiscal year 2025 are for Minnesota Statutes, section 256E.342. This appropriation is available until June 30, 2025. The base for this appropriation is $2,000,000 in fiscal year 2026 and $2,000,000 in fiscal year 2027.

(c) Hennepin County grants to provide services to people experiencing homelessness. $11,432,000 in fiscal year 2024 is for grants to maintain capacity for shelters and services provided to persons experiencing homelessness in Hennepin County. Of this amount:

(1) $4,500,000 is for a grant to Avivo Village;

(2) $2,000,000 is for a grant to the American Indian Community Development Corporation Homeward Bound shelter;

(3) $1,650,000 is for a grant to the Salvation Army Harbor Lights shelter;

(4) $500,000 is for a grant to Agate Housing and Services;

(5) $1,400,000 is for a grant to Catholic Charities of St. Paul and Minneapolis;

(6) $450,000 is for a grant to Simpson Housing; and

(7) $932,000 is for a grant to Hennepin County.

Nothing shall preclude an eligible organization receiving funding under this paragraph from applying for and receiving funding under Minnesota Statutes, section 256E.33, 256E.36, 256K.45, or 256K.47, nor does receiving funding under this paragraph count against any eligible organization in the competitive processes related to those grant programs under Minnesota Statutes, section 256E.33, 256E.36, 256K.45, or 256K.47.

(d) Diaper distribution grant program. $545,000 in fiscal year 2024 and $553,000 in fiscal year 2025 are for a grant to the Diaper Bank of Minnesota under Minnesota Statutes, section 256E.38.

(e) Prepared meals food relief. $1,654,000 in fiscal year 2024 and $1,638,000 in fiscal year 2025 are for prepared meals food relief grants. This is a onetime appropriation.

(f) Emergency shelter facilities. $98,456,000 in fiscal year 2024 is for grants to eligible applicants for emergency shelter facilities. This is a onetime appropriation and is available until June 30, 2028.

(g) Homeless youth cash stipend pilot project. $5,302,000 in fiscal year 2024 is for a grant to Youthprise for the homeless youth cash stipend pilot project. The grant must be used to provide cash stipends to homeless youth, provide cash incentives for stipend recipients to participate in periodic surveys, provide youth-designed optional services, and complete a legislative report. This is a onetime appropriation and is available until June 30, 2028.

(h) Heading Home Ramsey County continuum of care grants. $11,432,000 in fiscal year 2024 is for grants to maintain capacity for shelters and services provided to people experiencing homelessness in Ramsey County. Of this amount:

(1) $2,286,000 is for a grant to Catholic Charities of St. Paul and Minneapolis;

(2) $1,498,000 is for a grant to More Doors;

(3) $1,734,000 is for a grant to Interfaith Action Project Home;

(4) $2,248,000 is for a grant to Ramsey County;

(5) $689,000 is for a grant to Radias Health;

(6) $493,000 is for a grant to The Listening House;

(7) $512,000 is for a grant to Face to Face; and

(8) $1,972,000 is for a grant to the city of St. Paul.

Nothing shall preclude an eligible organization receiving funding under this paragraph from applying for and receiving funding under Minnesota Statutes, section 256E.33, 256E.36, 256K.45, or 256K.47, nor does receiving funding under this paragraph count against any eligible organization in the competitive processes related to those grant programs under Minnesota Statutes, section 256E.33, 256E.36, 256K.45, or 256K.47.

(i) Capital for emergency food distribution facilities. $7,000,000 in fiscal year 2024 is for improving and expanding the infrastructure of food shelf facilities. Grant money must be made available to nonprofit organizations, federally recognized Tribes, and local units of government. This is a onetime appropriation and is available until June 30, 2027.

(j) Emergency services program grants. $15,250,000 in fiscal year 2024 and $14,750,000 in fiscal year 2025 are for emergency services grants under Minnesota Statutes, section 256E.36. Any unexpended amount in the first year does not cancel and is available in the second year. The base for this appropriation is $25,000,000 in fiscal year 2026 and $30,000,000 in fiscal year 2027.

(k) Homeless Youth Act grants. $15,136,000 in fiscal year 2024 and $15,136,000 in fiscal year 2025 are for grants under Minnesota Statutes, section 256K.45, subdivision 1. Any unexpended amount in the first year does not cancel and is available in the second year.

(l) Transitional housing programs. $3,000,000 in fiscal year 2024 and $3,000,000 in fiscal year 2025 are for transitional housing programs under Minnesota Statutes, section 256E.33. Any unexpended amount in the first year does not cancel and is available in the second year.

(m) Safe harbor shelter and housing grants. $2,125,000 in fiscal year 2024 and $2,125,000 in fiscal year 2025 are for grants under Minnesota Statutes, section 256K.47. Any unexpended amount in the first year does not cancel and is available in the second year. The base for this appropriation is $1,250,000 in fiscal year 2026 and $1,250,000 in fiscal year 2027.

(n) Supplemental nutrition assistance program (SNAP) outreach. $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025 are for the SNAP outreach program under Minnesota Statutes, section 256D.65. The base for this appropriation is $500,000 in fiscal year 2026 and $500,000 in fiscal year 2027.

new text begin (o) Family Assets for Independence in Minnesota. $1,405,000 in fiscal year 2024 and $1,391,000 in fiscal year 2025 are from the general fund for the family assets for independence in Minnesota program, under Minnesota Statutes, section 256E.35. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (p) Minnesota Food Assistance Program. Unexpended funds for the Minnesota food assistance program for fiscal year 2024 are available until June 30, 2025. new text end

deleted text begin (o) deleted text end new text begin (q) new text end Base level adjustment. The general fund base is $83,179,000 in fiscal year 2026 and $88,179,000 in fiscal year 2027.

Sec. 10.

Laws 2023, chapter 70, article 20, section 23, is amended to read:

Sec. 23.

TRANSFERS.

Subdivision 1.

Grants.

The commissioner of human services new text begin and commissioner of children, youth, and families new text end , with the approval of the commissioner of management and budget, may transfer unencumbered appropriation balances for the biennium ending June 30, 2025, within fiscal years among MFIP; general assistance; medical assistance; MinnesotaCare; MFIP child care assistance under Minnesota Statutes, section 119B.05; Minnesota supplemental aid program; housing support program; the entitlement portion of Northstar Care for Children under Minnesota Statutes, chapter 256N; and the entitlement portion of the behavioral health fund between fiscal years of the biennium. The commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services quarterly about transfers made under this subdivision.

Subd. 2.

Administration.

Positions, salary money, and nonsalary administrative money may be transferred within new text begin and between new text end the Department of Human Services new text begin and the Department of Children, Youth, and Families new text end as the commissioners consider necessary, with the advance approval of the commissioner of management and budget. The commissioners shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance quarterly about transfers made under this section.

Sec. 11.

new text begin APPROPRIATION CANCELATION; EARLY CHILDHOOD LEARNING AND CHILDHOOD PROTECTION FACILITIES. new text end

new text begin The appropriation in Laws 2023, chapter 71, article 1, section 12, subdivision 4, for early childhood learning and child protection facilities under Minnesota Statutes, section 256E.37, is canceled to the general fund. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 12.

new text begin APPROPRIATIONS GIVEN EFFECT ONCE. new text end

new text begin If an appropriation or transfer under this article is enacted more than once during the 2024 regular session, the appropriation or transfer must be given effect once. new text end

Sec. 13.

new text begin EXPIRATION OF UNCODIFIED LANGUAGE. new text end

new text begin All uncodified language contained in this article expires June 30, 2025, unless a different expiration date is explicit. new text end

Presented to the governor May 18, 2024

Signed by the governor May 18, 2024, 10:52 p.m.