1.1 	A bill for an act
1.2 	relating to human services; authorizing the White Earth Band of Ojibwe Indians 
1.3 	to provide human services and public assistance programs; appropriating money;
1.4 	amending Minnesota Statutes 2010, sections 253B.212; 256.01, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2010, section 253B.212, is amended to read:
1.8 	253B.212 COMMITMENT; RED LAKE BAND OF CHIPPEWA INDIANS; 
1.9 	WHITE EARTH BAND OF OJIBWE.
1.10 		Subdivision 1.Cost of care; commitment by tribal court order; Red Lake 
1.11 	Band of Chippewa Indians. The commissioner of human services may contract with 
1.12 	and receive payment from the Indian Health Service of the United States Department of 
1.13 	Health and Human Services for the care and treatment of those members of the Red 
1.14 	Lake Band of Chippewa Indians who have been committed by tribal court order to the 
1.15 	Indian Health Service for care and treatment of mental illness, developmental disability, or 
1.16 	chemical dependency. The contract shall provide that the Indian Health Service may not 
1.17 	transfer any person for admission to a regional center unless the commitment procedure 
1.18 	utilized by the tribal court provided due process protections similar to those afforded 
1.19 	by sections 253B.05 to 253B.10.
1.20 		Subd. 1a.Cost of care; commitment by tribal court order; White Earth Band of 
1.21 	Ojibwe Indians. The commissioner of human services may contract with and receive 
1.22 	payment from the Indian Health Service of the United States Department of Health and 
1.23 	Human Services for the care and treatment of those members of the White Earth Band 
1.24 	of Ojibwe Indians who have been committed by tribal court order to the Indian Health 
2.1 	Service for care and treatment of mental illness, developmental disability, or chemical 
2.2 	dependency. The contract shall provide that the Indian Health Service may not transfer 
2.3 	any person for admission to a regional center unless the commitment procedure utilized 
2.4 	by the tribal court provided due process protections similar to those afforded by sections 
2.5 	253B.05 to 253B.10.
2.6 		Subd. 2.Effect given to tribal commitment order. When, under an agreement 
2.7 	entered into pursuant to subdivision 1 subdivisions 1 or 1a, the Indian Health Service 
2.8 	applies to a regional center for admission of a person committed to the jurisdiction of the 
2.9 	health service by the tribal court as a person who is mentally ill, developmentally disabled, 
2.10 	or chemically dependent, the commissioner may treat the patient with the consent of 
2.11 	the Indian Health Service.
2.12 	A person admitted to a regional center pursuant to this section has all the rights 
2.13 	accorded by section 253B.03. In addition, treatment reports, prepared in accordance with 
2.14 	the requirements of section 253B.12, subdivision 1, shall be filed with the Indian Health 
2.15 	Service within 60 days of commencement of the patient's stay at the facility. A subsequent 
2.16 	treatment report shall be filed with the Indian Health Service within six months of the 
2.17 	patient's admission to the facility or prior to discharge, whichever comes first. Provisional 
2.18 	discharge or transfer of the patient may be authorized by the head of the treatment facility 
2.19 	only with the consent of the Indian Health Service. Discharge from the facility to the 
2.20 	Indian Health Service may be authorized by the head of the treatment facility after notice 
2.21 	to and consultation with the Indian Health Service.

2.22 	Sec. 2. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision 
2.23 	to read:
2.24 		Subd. 14c.American Indian child welfare, social, and human services project; 
2.25 	White Earth Band of Ojibwe Indians. (a) The commissioner of human services shall 
2.26 	enter into a contractual agreement as authorized under subdivision 2, paragraph (a), 
2.27 	clause (7), with the White Earth Band of Ojibwe Indians for the tribe to provide all 
2.28 	human services and public assistance programs that are under the supervision of the 
2.29 	commissioner to tribal members who reside on the reservation. Grants may be issued to 
2.30 	the White Earth Band of Ojibwe Indians to support the project. The commissioner may 
2.31 	waive existing rules to support this project. The commissioner shall seek any federal 
2.32 	approvals necessary to carry out the project as well as seek and use any funds available to 
2.33 	the commissioner, including use of federal funds, foundation funds, existing grant funds, 
2.34 	and other funds. The commissioner is authorized to advance state funds as necessary to 
3.1 	operate the projects. Federal reimbursement applicable to the projects is appropriated to 
3.2 	the commissioner for purposes of the project.
3.3 	(b) The commissioner shall redirect all funds provided to Mahnomen County for 
3.4 	services in this subdivision, including administrative expenses, to the White Earth Band 
3.5 	of Ojibwe Indians.
3.6 	(c) The commissioner is authorized to determine the process by which programs not 
3.7 	currently provided by the White Earth Band will be transferred to the tribe.
3.8 	(d) When the commissioner approves transfer of programs and the tribe assumes 
3.9 	responsibility under this section, Mahnomen County is relieved of responsibility for 
3.10 	providing program services to tribal members who live on the reservation while the tribal 
3.11 	project is in effect and funded.
3.12 	(e) The tribe must comply with all reporting and record keeping requirements under 
3.13 	state and federal laws and rules.