HF 5237

Conference Committee Report - 93rd Legislature (2023 - 2024) Posted on 05/16/2024 03:15pm

CONFERENCE COMMITTEE REPORT ON H. F. No. 5237

A bill for an act
relating to education; providing for supplemental funding for prekindergarten
through grade 12 education; modifying provisions for general education, education
excellence, the Read Act, American Indian education, teachers, charter schools,
special education, school facilities, school nutrition and libraries, early childhood
education, and state agencies; requiring reports; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2022, sections 13.321, by
adding a subdivision; 120A.41; 122A.415, by adding a subdivision; 122A.73,
subdivision 4; 124D.093, subdivisions 3, 4, 5; 124D.19, subdivision 8; 124D.957,
subdivision 1; 124E.22; 126C.05, subdivision 15; 126C.10, subdivision 13a;
127A.45, subdivisions 12, 13, 14a; 127A.51; Minnesota Statutes 2023 Supplement,
sections 120B.018, subdivision 6; 120B.021, subdivisions 1, 2, 3, 4; 120B.024,
subdivision 1; 120B.1117; 120B.1118, subdivisions 7, 10, by adding a subdivision;
120B.12, subdivisions 1, 2, 2a, 3, 4, 4a; 120B.123, subdivisions 1, 2, 5, 7, by
adding a subdivision; 120B.124, subdivisions 1, 2, by adding subdivisions;
121A.642; 122A.415, subdivision 4; 122A.73, subdivisions 2, 3; 122A.77,
subdivisions 1, 2; 123B.92, subdivision 11; 124D.111, subdivision 3; 124D.151,
subdivision 6; 124D.165, subdivisions 3, 6; 124D.42, subdivision 8; 124D.65,
subdivision 5; 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, 3c, 13, 18a; 127A.21; 256B.0625, subdivision 26; 256B.0671,
by adding a subdivision; 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; article
2, section 64, subdivisions 2, as amended, 6, as amended, 9, 14, 16, 31, 33; article
3, section 11, subdivisions 3, 4; article 5, sections 64, subdivisions 3, as amended,
5, 10, 12, 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; proposing coding
for new law in Minnesota Statutes, chapters 120B; 123B; repealing Laws 2023,
chapter 55, article 10, section 4.

May 16, 2024
The Honorable Melissa Hortman
Speaker of the House of Representatives

The Honorable Bobby Joe Champion
President of the Senate

We, the undersigned conferees for H. F. No. 5237 report that we have agreed upon the
items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 5237 be further amended
as follows:

Delete everything after the enacting clause and insert:

"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 without a disability, 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.

EFFECTIVE DATE.

This section is effective for the 2023-2024 school year and later.

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 or cooperative unit
under section 123A.24, subdivision 2, 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 or cooperative unit under section 123A.24, subdivision 2, 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 or cooperative unit under
section 123A.24, subdivision 2, 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 district costs for a district or
cooperative unit under section 123A.24, subdivision 2.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2024 and later.

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; and

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

(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.

(c) 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.

(d) 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 4.

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

Subd. 5a.

English learner cross subsidy aid.

(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).

(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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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. Notwithstanding section 127A.45, subdivision 3,
aid payments must be paid 100 90 percent in the current year and ten percent in the following
year on a schedule determined by the commissioner.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2024 and later.

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 without a disability in an all-day kindergarten program, or more than 425 hours in
a school year for a half-day kindergarten student without a disability, 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 without a disability in the district to 850 for a kindergarten student
without a disability. 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.

EFFECTIVE DATE.

This section is effective for the 2023-2024 school year and later.

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 $587,244 $626,450. 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.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2025 and later.

Sec. 8.

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

Subd. 3.

Compensatory education revenue.

(a) 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. 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) For fiscal year 2025, compensatory revenue must be calculated under Laws 2023,
chapter 18, section 3. 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.

(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. Revenue shall be paid to the district and must be allocated according to section
126C.15, subdivision 2.

(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.

(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.

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

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

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2025 and later.

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.

(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.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2025 and later.

Sec. 10.

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

Subd. 3c.

Statewide compensatory allowance.

(a) 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.

(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.

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, subdivision subdivisions 5 and 5a.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 12.

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

Subd. 13a.

Operating capital levy.

(a) To obtain operating capital revenue, a district
may levy an amount not more than the product of its operating capital equalization 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 $23,902 for fiscal year 2020, $23,885 for fiscal year 2021, and $22,912 for
fiscal year 2022 and later 2024, $23,138 for fiscal year 2025, and $22,912 for fiscal year
2026 and later.

(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).

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2024 and later.

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;
and

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

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

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

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2025 and later.

Sec. 14.

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

127A.51 STATEWIDE AVERAGE REVENUE.

(a) 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.

(b) 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.

(c) 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, subdivisions 24a and 24b subdivision 24.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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
	$	8,299,317,000 8,333,843,000	.....	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 $7,527,896,000
$7,562,422,000 for 2025.

Sec. 16.

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

Subd. 8.

One-room schoolhouse.

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

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

(b) This aid is 100 percent payable in the current year.

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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 18. BASIC SKILLS REVENUE ACCOUNT TRANSFERS.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 19. TASK FORCE ON ENGLISH LEARNER PROGRAMS.

Subdivision 1.

Task force established.

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.

Subd. 2.

Members.

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:

(1) the commissioner of education or the commissioner's designee;

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

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

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

(5) one member who represents school boards;

(6) one member who represents the superintendent;

(7) one member who is a teacher of English learners;

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

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

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

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

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

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

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

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

Subd. 3.

Duties.

(a) The task force must:

(1) review best practices in English learner programming, including:

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

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

(iii) evaluation of the efficacy of the English learner program; and

(iv) ensuring meaningful communication and engagement with limited English proficient
parents;

(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:

(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

(ii) professional development for teachers and other staff;

(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);

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

(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

(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:

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

(ii) professional development for counselors; and

(iii) evaluation of the efficacy of the dual enrollment program.

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

(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.

Subd. 4.

Compensation.

Minnesota Statutes, section 15.059, subdivision 3, governs
compensation of the members of the task force.

Subd. 5.

Meetings and administrative support.

(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.

(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.

Subd. 6.

Expiration.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20. STUDENT ATTENDANCE PILOT PROGRAM.

Subdivision 1.

Pilot program established.

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.

Subd. 2.

Participating districts.

(a) The pilot program consists of the following school
districts:

(1) Special School District No. 1, Minneapolis;

(2) Independent School District No. 13, Columbia Heights;

(3) Independent School District No. 38, Red Lake;

(4) Independent School District No. 47, Sauk Rapids-Rice;

(5) Independent School District No. 77, Mankato;

(6) Independent School District No. 152, Moorhead;

(7) Independent School District No. 166, Cook County;

(8) Independent School District No. 177, Windom;

(9) Independent School District No. 191, Burnsville;

(10) Independent School District No. 535, Rochester;

(11) Independent School District No. 659, Northfield; and

(12) Independent School District No. 695, Chisholm.

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

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

(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

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

(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.

(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.

Subd. 3.

Strategies.

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:

(1) addressing risk factors for high absenteeism through supports and interventions;

(2) strategies that focus on the individual needs of each student;

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

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

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

(6) data analysis to assess the effectiveness of district strategies; and

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

Subd. 4.

Reporting.

(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.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 21. STUDENT ATTENDANCE AND TRUANCY LEGISLATIVE STUDY
GROUP.

Subdivision 1.

Establishment.

A legislative study group is established to study issues
related to student attendance and truancy.

Subd. 2.

Members.

(a) The legislative study group on student attendance and truancy
consists of:

(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

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

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

(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.

Subd. 3.

Duties.

(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:

(1) current statutory requirements relating to student attendance and truancy;

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

(3) the effect of school programs and strategies to improve attendance;

(4) the role of school principals in addressing student absenteeism;

(5) the role of the Department of Education in addressing student absenteeism;

(6) the role of counties in addressing truancy; and

(7) how truant students are tracked across county lines.

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

Subd. 4.

Meetings and chair.

(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.

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

Subd. 5.

Administrative support.

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.

Subd. 6.

Consultation with stakeholders.

In making recommendations, the study group
must consult with interested and affected stakeholders.

Subd. 7.

Report.

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.

Subd. 8.

Expiration.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22. APPROPRIATION.

Subdivision 1.

Department of Education.

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

Subd. 2.

Attendance pilot program.

(a) For attendance pilot program aid:

$

4,687,000

.....

2025

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

(1) $1,022,000 for Special School District No. 1, Minneapolis;

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

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

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

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

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

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

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

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

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

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

(12) $170,000 for Independent School District No. 695, Chisholm.

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

(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.

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

Subd. 3.

Minnesota Alliance With Youth.

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

$

625,000

.....

2025

(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.

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

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

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

Subd. 4.

Student attendance and truancy legislative study group.

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

$

64,000

.....

2025

(b) This is a onetime appropriation.

Subd. 5.

English learner program task force.

(a) For the English learner program task
force:

$

117,000

.....

2025

(b) This is a onetime appropriation.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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 (1) a statewide adopted
expectation for student learning in the content areas of language arts, mathematics, science,
social studies, physical education, health, and the arts, and (2) a locally adopted expectation
for student learning in health. 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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, for which locally developed academic standards apply; 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.

(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.

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, health, 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, health, 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; and

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

(7) current students, with input from the Minnesota Youth Council.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

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

Subd. 3.

Rulemaking.

(a) 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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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.

(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.

(h) (i) School districts and charter schools must revise and align local academic standards
and high school graduation requirements in health, world languages, 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 health, world languages, and career and technical education.

(i) (j) 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.

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

EFFECTIVE DATE.

This section is effective July 1, 2024.

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; and

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

(7) (8) 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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, cardiac emergency response plans, 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.

(a) 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.

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

EFFECTIVE DATE.

This section is effective January 1, 2025.

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.

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

Sec. 9.

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

Subd. 5.

P-TECH implementation grants: support; start-up; and mentoring
grants.

(a) 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. A P-TECH
school may form a partnership with a school in another school district.

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

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

(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.

(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.

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 between the ages of
13 and 19 in grades 8 through 12 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.

EFFECTIVE DATE.

This section is effective for appointments made on or after July
1, 2024.

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
	$	500,000 750,000	.....	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 at least half of the grant
funds to applicants outside of the seven-county metropolitan area, and at least 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.

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

(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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 and or aligned to the state strategic plan as developed under
subdivision 3.

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

(1) local educational agencies or a consortium of local educational agencies in the state;
and or

(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; and or

(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 computer science courses or computer
science content as part of another course 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) local educational agencies or 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 computer science participation or
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
	$	84,739,000 85,043,000	.....	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 $76,445,000 $76,749,000
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.

(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.

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

(d) (e) 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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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) 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. 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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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
	$	791,000 0	.....	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) Any balance in the first year does not cancel but is available in the second year This
appropriation is available until June 30, 2025. The base for fiscal year 2026 and later is $0.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20. ALTERNATIVE TO PUBLISHING.

(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.

(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.

Sec. 21. HEALTH EDUCATION STANDARDS.

Subdivision 1.

Statewide standards.

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.

Subd. 2.

Required health-related subject areas.

The commissioner must include the
following expectations for learning in the statewide standards:

(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;

(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;

(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;

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

(5) mental health education for students in grades 4 through 12.

Subd. 3.

Other health-related subject areas.

The commissioner may include the
following expectations for learning in the statewide standards:

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

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

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

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

(5) other expectations for learning identified through the standards development process.

Sec. 22. APPROPRIATIONS.

Subdivision 1.

Department of Education.

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

Subd. 2.

Civic education grants.

(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:

$

150,000

.....

2025

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

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

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

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

(d) This is a onetime appropriation.

Subd. 3.

Minnesota Youth Council.

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

$

375,000

.....

2025

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

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

Subd. 4.

Rulemaking.

(a) For rulemaking and administrative costs related to health
education standards:

$

627,000

.....

2025

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

Subd. 5.

P-TECH schools.

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

$

791,000

.....

2025

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

(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.

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

(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.

ARTICLE 3

THE READ ACT

Section 1.

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

Subdivision 1.

Resources.

(a) 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, to the extent practicable, 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.
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.
A district is not required to use an approved curriculum, unless the curriculum was purchased
with state funds that require a curriculum to be selected from a list of approved curricula;

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

(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; and

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

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

(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.

(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).

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 2.

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

Subd. 4.

Volunteer and paraprofessional training.

(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:

(1) paraprofessionals and other unlicensed school staff; and

(2) volunteers, contractors, and other persons not employed by Minnesota districts.

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

(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 professionals and other unlicensed
school staff who regularly provide Tier 2 interventions to students in Minnesota districts.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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 under the Read Act;

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

(4) employing an intervention specialist;

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

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

(7) stipends for teachers completing training required under section 120B.12.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 4.

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

Subd. 3.

Read Act curriculum and intervention materials reimbursement literacy
aid.

(a) To reimburse For state aid for 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

(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.

(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.

(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.

(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.

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

(e) (d) Of this amount, up to $250,000 is available for grant administration.

(f) (e) This is a onetime appropriation and is available until June 30, 2028 2025.

(f) This aid is 100 percent payable in fiscal year 2025.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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
	$	0 4,000,000	.....	2025

(b) Of the amount for fiscal year 2024 in paragraph (a), $18,000,000 is for the Department
of Education and the regional literacy networks and $16,700,000 is for statewide training.
The department must use the funding to develop a data collection system to collect and
analyze the submission of the local literacy plans and student-level universal screening data,
to establish the 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. 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.

(c) Of the amount in paragraph (a), $250,000 in fiscal year 2024 only 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6. READ ACT DEAF, DEAFBLIND, AND HARD OF HEARING WORKING
GROUP.

Subdivision 1.

Working group purpose.

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.

Subd. 2.

Members.

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.

Subd. 3.

Report.

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.

Subd. 4.

Administrative provisions.

(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.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7. TEACHER COMPENSATION FOR READ ACT TRAINING.

Subdivision 1.

Funding uses.

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

(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:

(1) stipends;

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

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

(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.

Subd. 2.

Reserve account.

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

Subd. 3.

Teacher eligibility.

A teacher is eligible for compensation under this section
if the teacher:

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

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

(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.

Subd. 4.

Administrative process.

(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.

(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.

(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.

Subd. 5.

Stipends not considered income for certain purposes.

(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:

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

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

(3) housing support under Minnesota Statutes, chapter 256I;

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

(5) economic assistance programs under Minnesota Statutes, chapter 256P.

(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.

EFFECTIVE DATE.

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.

Sec. 8. APPROPRIATIONS; SUPPLEMENTAL READ ACT FUNDING.

Subdivision 1.

Department of Education.

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

Subd. 2.

Teacher compensation for Read Act training.

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

$

31,375,000

.....

2025

(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.

(c) This is a onetime appropriation.

Subd. 3.

Culturally responsive materials.

(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):

$

1,000,000

.....

2025

(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.

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

Subd. 4.

Regional literacy network paraprofessional and volunteer training.

(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:

$

375,000

.....

2025

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

Subd. 5.

CAREI paraprofessional and volunteer training.

(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:

$

375,000

.....

2025

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

Subd. 6.

Read Act Deaf, Deafblind, and Hard of Hearing working group.

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

$

100,000

.....

2025

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

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. 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.

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 first
six months of the 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.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2024 and later.

Sec. 3. APPROPRIATION.

Subdivision 1.

Department of Education.

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

Subd. 2.

Permanent school fund supplemental aid.

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

$

40,000

.....

2025

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

(1) the amount appropriated under paragraph (a); and

(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.

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

(d) This is a onetime appropriation.

ARTICLE 5

TEACHERS

Section 1.

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

121A.642 PARAPROFESSIONAL TRAINING.

Subdivision 1.

Training required.

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

(b) A school 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.

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

(d) 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.

(e) 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.

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

(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.

Subd. 2.

Reimbursement for paraprofessional training.

(a) Beginning in fiscal year
2025, the commissioner of education must reimburse school districts, charter schools,
intermediate school districts and other cooperative units, the Perpich Center for Arts
Education, and the Minnesota State Academies schools 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. For purposes of this paragraph,
"compensation expenses" means the sum of the following amounts attributable to the school's
paraprofessionals:

(1) regular hourly wages;

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

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

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

(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).

(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).

EFFECTIVE DATE.

This section is effective July 1, 2024.

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; $88,461,000 $88,961,000 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.

EFFECTIVE DATE.

This section is effective for revenue for fiscal year 2025 and later.

Sec. 3.

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

Subd. 7.

Revenue reserved.

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

EFFECTIVE DATE.

This section is effective for revenue for fiscal year 2025 and later.

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,
Tribal contract school, 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 school district grant recipient employees or community
members affiliated with a school district grant recipient, 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
district school district, charter school, Tribal contract school, or cooperative unit 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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,
or charter school, Tribal contract school, or cooperative unit 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, Tribal contract school, 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 or in an institution that has an articulated transfer pathway with
a board-approved teacher preparation program.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

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

Subd. 4.

Grant procedure.

(a) A district An applicant must apply for a grant under this
section in the form and manner specified by the commissioner. The commissioner must
give priority to districts applicants 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
districts applicants in greater Minnesota and those in the Twin Cities metropolitan area.

(b) For the 2022-2023 school year and later, 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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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, Tribal contract school, 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 as either a paraprofessional or other unlicensed
staff, or a teacher with a Tier 1 or Tier 2 license, 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9.

[123B.155] PAID LEAVE FOR SCHOOL CLOSURES.

(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.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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. 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.

(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. Aid under this paragraph must not exceed actual expenditures.

(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.

(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.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2024 and later.

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:

	$	$88,706,000	.....	2024
	$	$88,562,000 89,012,000	.....	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 $79,687,000
$80,137,000 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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 Teacher of Record mentorships to Tier
1 and Tier 2 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 in the first year does not cancel but is available in the following fiscal
second year.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 in the first year does not cancel but is available in the following fiscal
second year.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 in the first year does not cancel but is available in the following fiscal
second 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 Tier
1 or Tier 2 license and seeking a Tier 3 or Tier 4 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 Tier 1 or Tier 2 license and
seeking a Tier 3 or Tier 4 license through completion of a teacher preparation program or
the licensure via portfolio process. A grant recipient must provide teachers holding a Tier
1 or 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. GRANT PROGRAM MODIFICATIONS AUTHORIZED.

(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.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20. STUDENT TEACHING STIPEND PILOT PROGRAM.

Subdivision 1.

Pilot program established.

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.

Subd. 2.

Participating teacher preparation program providers.

(a) The pilot program
consists of the following teacher preparation program providers:

(1) St. Cloud State University;

(2) Bemidji State University;

(3) Minnesota State University, Mankato;

(4) Winona State University;

(5) Fond du Lac Tribal and Community College;

(6) the University of Minnesota-Duluth;

(7) the University of Minnesota-Crookston; and

(8) Augsburg University.

(b) A participating teacher preparation program provider must:

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

(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

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

Subd. 3.

Student teacher eligibility.

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

(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;

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

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

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

Subd. 4.

Stipends not considered income for certain purposes.

(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:

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

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

(3) housing support under Minnesota Statutes, chapter 256I;

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

(5) economic assistance programs under Minnesota Statutes, chapter 256P.

(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.

Subd. 5.

Professional Educator Licensing and Standards Board.

(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.

(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.

EFFECTIVE DATE.

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.

Sec. 21. PARAPROFESSIONAL QUALIFICATIONS EXAMINED.

(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:

(1) one representative each from at least two organizations representing paraprofessionals;

(2) one person representing the Minnesota Association of School Administrators; and

(3) one person representing the Minnesota Administrators for Special Education.

(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.

(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.

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

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

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

(3) meets the local assessment criteria established by the Department of Education.

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

(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:

(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

(2) is enrolled in a ParaPro or Paraeducator training and testing program.

(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.

(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).

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22. TEACHER AND PARAPROFESSIONAL COMPENSATION WORKING
GROUP.

Subdivision 1.

Establishment; membership.

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

(1) one prekindergarten teacher;

(2) one elementary school teacher;

(3) one middle school teacher;

(4) one high school teacher;

(5) one physical education teacher;

(6) one vocal music or instrumental music teacher;

(7) one visual arts teacher;

(8) one library media specialist;

(9) one community education teacher;

(10) one teacher teaching in an alternative setting;

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

(12) one special education teacher;

(13) four paraprofessionals working with elementary, middle, or high school students;

(14) two superintendents;

(15) one community education director;

(16) two school finance directors; and

(17) one member with expertise in school board governance.

(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.

Subd. 2.

Duties; report.

(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.

(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.

(c) At a minimum, the report must:

(1) analyze data on the professional pay gap for Minnesota teachers;

(2) provide historical analysis on pay trends for Minnesota teachers;

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

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

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

Subd. 3.

Meetings; compensation.

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

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

Subd. 4.

Administrative provisions.

(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.

(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.

Subd. 5.

Expiration.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 23. APPROPRIATION; DEPARTMENT OF EDUCATION.

Subdivision 1.

Department of Education.

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

Subd. 2.

Special education apprenticeship programs.

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

$

1,030,000

.....

2025

(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:

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

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

(3) stipends for teachers serving as mentors; and

(4) the cost of substitute teachers.

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

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

Sec. 24. APPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND
STANDARDS BOARD.

Subdivision 1.

Professional Educator Licensing and Standards Board.

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.

Subd. 2.

Paid student teaching pilot program.

(a) For the paid student teaching pilot
program:

$

6,543,000

.....

2025

(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:

(1) $929,000 for St. Cloud State University;

(2) $744,000 for Bemidji State University;

(3) $1,618,000 for Minnesota State University, Mankato;

(4) $1,570,000 for Winona State University; and

(5) $7,000 for Fond du Lac Tribal and Community College.

(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:

(1) $1,115,000 for the University of Minnesota-Duluth; and

(2) $103,000 for the University of Minnesota-Crookston.

(d) Of the amount in paragraph (a), $317,000 is for Augsburg University.

(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.

(f) This is a onetime appropriation and is available until June 30, 2026.

Subd. 3.

Teacher and paraprofessional compensation working group.

(a) For
administration and per diem compensation for members of the teacher and paraprofessional
compensation working group:

$

150,000

.....

2025

(b) This is a onetime appropriation.

Subd. 4.

Aspiring teachers of color scholarship program.

(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:

$

1,000,000

.....

2025

(b) The commissioner of the Office of Higher Education may use no more than four
percent of the appropriation for program administration.

(c) This is a onetime appropriation.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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 leases lease aid
applications 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 in the form and manner prescribed by the commissioner.
The commissioner must review and either approve or deny a lease aid application using at
least 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
	$	94,578,000 94,906,000	.....	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 $85,422,000 $85,750,000
for 2025.

ARTICLE 7

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2022, section 124D.19, subdivision 8, is amended to read:

Subd. 8.

Program approval.

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 (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.

(b) Each school district with an adults with disabilities program must include all of at
least the following information about its adults with disabilities program in its annual
community education report under subdivision 14:

(1) a summary of the characteristics of the people to be served by the program;

(2) a description of the program services and activities;

(3) the most recent program budget and amount of aid requested;

(4) a summary of the participation by adults with disabilities in developing the program;

(5) an assessment of the needs of adults with disabilities; and

(6) a description of cooperative efforts with community organizations.

EFFECTIVE DATE.

This section is effective July 1, 2024, for plans developed on or
after that date.

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) School social work Services provided by a school social worker as described in
paragraph (l) must be 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, are
to be eligible for medical assistance 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 reimbursement. 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.

(j) Notwithstanding section 245I.10, subdivision 2, a special education evaluation, and
assessment for and within an individual family service plan or individualized education
program, or individual family service plan may be used to determine medical necessity and
eligibility for school social work services under paragraph (i) instead of a diagnostic
assessment for services described under paragraph (l). 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.

(k) A school social worker or school providing mental health services under paragraph
(i) (l) is not required to be certified to provide children's therapeutic services and supports
under section 256B.0943.

(l) Covered mental health services provided by a school social worker under this
paragraph (i) include but are not limited to are:

(1) administering and reporting standardized measures;

(2) care coordination;

(3) children's mental health crisis assistance, planning, and response services;

(1) the explanation of findings as described in section 256B.0671, subdivision 4;

(2) psychotherapy for crisis as described in section 256B.0671, subdivision 11a;

(4) (3) children's mental health clinical care consultation, as described in section
256B.0671, subdivision 7;

(5) (4) dialectical behavioral therapy for adolescents, as described in section 256B.0671,
subdivision 6;

(6) direction of mental health behavioral aides;

(7) (5) family psychoeducation, 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; and

(8) (6) individual, family, and group psychotherapy;, as described in section 256B.0671,
subdivision 11.

(9) mental health behavioral aide services;

(10) skills training; and

(11) treatment plan development and review.

EFFECTIVE DATE.

This section is effective July 1, 2024, or upon federal approval,
whichever is later.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 256B.0671, is amended by adding
a subdivision to read:

Subd. 11a.

Psychotherapy for crisis.

(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:

(1) experiencing a life threatening mental health crisis;

(2) needing a higher level of care;

(3) worsening symptoms without mental health intervention;

(4) harm to self, others, or property damage; or

(5) significant disruption of functioning in at least one life area.

(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:

(1) emergency assessment of the crisis situation;

(2) mental status exam;

(3) psychotherapeutic interventions to reduce the crisis; and

(4) development of a post-crisis plan that addresses the recipient's coping skills and
community resources.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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
	$	2,485,140,000 2,486,181,000	.....	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 $2,195,298,000
$2,196,339,000 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
initiate enter into 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. A facility addition, maintenance project,
or remodeling project New construction, expansion, or remodeling of an educational facility
funded only with general education revenue, lease levy proceeds from an additional capital
expenditure levy under section 126C.40, subdivision 1, 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 60 70 days before a
referendum for bonds under chapter 475 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 the such a referendum for bonds. Supplementary
information shall be available to the public. Where no such referendum for bonds is required,
the publication and public meeting requirements of this subdivision shall not apply.

(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 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, are subject to
review and comment under section 123B.71, subdivision 8, in the same manner as other
school construction projects. 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.

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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

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
	$	107,630,000 107,865,000	.....	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 $96,843,000 $97,078,000
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, lunchroom furniture, 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, lunchroom furniture, 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.

(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.

EFFECTIVE DATE.

This section is effective for fiscal year 2024 and later.

Sec. 2.

[127A.151] STATE SCHOOL LIBRARIAN.

(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.

(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.

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, according to sections 124D.03, subdivision 8, and 124D.09,
subdivision 22, and chapter 124E; school lunch aid, according to section 124D.111;, and
support services aid, for persons who are deaf, deafblind, and hard-of-hearing according to
section 124D.57.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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,
and 14, and 14a, 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 5.

Minnesota Statutes 2022, section 127A.45, subdivision 14a, is amended to read:

Subd. 14a.

State nutrition programs.

Notwithstanding subdivision subdivisions 3 and
13, 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a
subdivision to read:

Subd. 1a.

State school librarian.

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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 134.356, is amended by adding a
subdivision to read:

Subd. 3.

Report.

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.

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
	$	238,987,000 239,686,000	.....	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
	$	48,334,000 48,747,000	.....	2025

Sec. 10. REVISOR INSTRUCTION.

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.

ARTICLE 10

STATE AGENCIES

Section 1.

Minnesota Statutes 2022, section 13.321, is amended by adding a subdivision
to read:

Subd. 12.

Office of the Inspector General; access to data.

Data involving the
Department of Education's Office of the Inspector General are governed by section 127A.21.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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. The
inspector general shall report directly to the commissioner. 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.

Subd. 1a.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given.

(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.

(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.

(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.

(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.

(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.

(g) "Waste" means practices that, directly or indirectly, result in unnecessary costs to
department programs, such as misusing resources.

(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.

Subd. 2.

Data practices; Hiring; reporting; procedures.

The Office of the Inspector
General has access to all program data, regardless of classification under chapter 13, held
by the department, school districts or charter schools, grantees, and any other recipient of
funds from the department. (a) 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. The inspector general, deputy
inspector general, and any assistant inspectors general serve in the classified service.

(b) 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. 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.

(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.

Subd. 3.

Subpoenas.

(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.

(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:

(1) in so far as the disclosure is necessary to find and disclose the records;

(2) pursuant to court order; or

(3) to legal counsel for the purposes of responding to the subpoena.

(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.

(d) The subpoena issued under this subdivision shall be enforceable through the district
court in the district where the subpoena is issued.

Subd. 4.

Access to records.

(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.

(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.

(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.

(d) The department may enter into specific agreements with other state agencies related
to records requests by the Office of the Inspector General.

Subd. 5.

Sanctions; appeal.

(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.

(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:

(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;

(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;

(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

(4) the program participant has a pattern of noncompliance with an investigation.

(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.

(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.

(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:

(1) the sanction being imposed;

(2) the general allegations that form the basis for the sanction;

(3) the duration of the sanction;

(4) the department programs to which the sanction applies; and

(5) how the program participant may appeal the sanction pursuant to paragraph (e).

(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.

(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.

Subd. 6.

Data practices.

(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.

(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.

Subd. 7.

Retaliation, interference prohibited.

(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.

(b) No state employee may interfere with or obstruct an investigation authorized by this
section.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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
	$	39,922,000 40,052,000	.....	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; and

(15) $275,000 in fiscal year 2024 and $175,000 in fiscal year 2025 are for administrative
expenses for unemployment aid; and

(16) $130,000 in fiscal year 2025 only is for the state school librarian under Minnesota
Statutes, section 127A.151.

(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. PERMANENT SCHOOL FUND; DISTRIBUTION OF ENDOWMENT
FUND EARNINGS TASK FORCE.

Subdivision 1.

Task force established.

A task force of nine members is established to
examine the distribution of earnings from the permanent school fund endowment.

Subd. 2.

Membership qualifications and appointments.

(a) Appointed members of
the task force must have outstanding professional experience in at least one of the following
areas:

(1) institutional asset management;

(2) investment finance;

(3) trust administration;

(4) investment fund accounting;

(5) investment banking; or

(6) the practice of law in the areas of capital markets, securities funds, trusts, foundations,
or endowments.

(b) The task force consists of the following nine members, each of whom must be
appointed by September 1, 2024:

(1) the commissioner of education or the commissioner's designee;

(2) an employee or other member appointed by the State Board of Investment;

(3) four members appointed by the governor; and

(4) three members appointed by vote of the Legislative Permanent School Fund
Commission.

(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.

Subd. 3.

Duties.

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.

Subd. 4.

Report; expiration.

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.

Sec. 5. APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND
STANDARDS BOARD.

Subdivision 1.

Professional Educator Licensing and Standards Board.

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.

Subd. 2.

Information technology costs.

(a) For information technology costs of the
Professional Educator Licensing and Standards Board:

$

2,767,000

.....

2025

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

Sec. 6. APPROPRIATION; PERMANENT SCHOOL FUND TASK FORCE.

Subdivision 1.

Department of Education.

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

Subd. 2.

Permanent School Fund Task Force.

(a) To administer the task force on the
distribution of earnings from the permanent school fund:

$

64,000

.....

2025

(b) This is a onetime appropriation and is available until June 30, 2026.

Sec. 7. REPEALER; FEDERAL EDUCATION LAW IMPLEMENTATION
REPORT.

Minnesota Statutes 2022, section 127A.095, subdivision 3, is repealed.

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 years 2023, year 2024, and 2025, and 12,360 participants for fiscal
year 2026 2025 and later.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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) For fiscal year 2017 and later, 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. This paragraph expires upon
implementation of the processes required under paragraph (g).

(g) Beginning January 1, 2026, to the extent funding is available under subdivision 6,
paragraph (f), the commissioner must:

(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

(2) implement a process for transferring scholarship awards between eligible programs,
when initiated by a scholarship recipient. Under the process, the commissioner:

(i) may adjust scholarship payment schedules for eligible programs to account for changes
in a scholarship recipient's enrollment; and

(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.

(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:

(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;

(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

(3) making scholarship payments to eligible programs in advance of or at the beginning
of the delivery of services for an approved scholarship recipient.

(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.

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 $5,000,000 $12,000,000 in funds under paragraph
(c) to create information technology systems, including but not limited to an online
application, a case management system, attendance tracking, and a centralized payment
system under subdivision 3, paragraph (h). 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. 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.

(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.

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) For fiscal year 2025 and later, up to two percent of the appropriation in each year is
available for administration.

(c) 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.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6. DIRECTION TO THE COMMISSIONER OF EDUCATION; ADJUSTING
VOLUNTARY PREKINDERGARTEN PARTICIPATION LIMITS.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7. REPEALER.

Laws 2023, chapter 55, article 10, section 4, is repealed.

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 (1) 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; or (2) child fatalities and near fatalities
that occur in licensed facilities and are not due to natural causes. 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
or of a child under chapter 260E. 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 2.

Minnesota Statutes 2022, section 256N.26, subdivision 12, is amended to read:

Subd. 12.

Treatment of Supplemental Security Income.

(a) 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.

(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:

(1) the child, if the child is 13 years of age or older;

(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;

(3) the guardian ad litem;

(4) the legally responsible agency; and

(5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.

(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.

(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.

(e) If a financially responsible agency receives any benefits under this subdivision, it
must keep a record of:

(1) the total dollar amount it received on behalf of all children it receives benefits for;

(2) the total number of children it applied to be a payee for; and

(3) the total number of children it received benefits for.

(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.

Sec. 3.

Minnesota Statutes 2022, section 256N.26, subdivision 13, is amended to read:

Subd. 13.

Treatment of Retirement survivor's, Survivors, and Disability Insurance,;
veteran's benefits,; railroad retirement benefits,; and black lung benefits.

(a) If a child
placed in foster care receives Retirement survivor's, Survivors, and Disability Insurance,;
veteran's benefits,; railroad retirement benefits,; 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 survivor's, Survivors,
and Disability Insurance,; veteran's benefits,; railroad retirement benefits,; 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.

(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:

(1) the child, if the child is 13 years of age or older;

(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;

(3) the guardian ad litem;

(4) the legally responsible agency; and

(5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.

(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.

(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.

(e) If a financially responsible agency receives any benefits under this subdivision, it
must keep a record of:

(1) the total dollar amount it received on behalf of all children it receives benefits for;

(2) the total number of children it applied to be a payee for; and

(3) the total number of children it received benefits for.

(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).

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 sex human 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 sex human 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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; and

(3) request participation of the Indian child's Tribe at the earliest possible time and
request the Tribe's active participation throughout the case.; and

(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).

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, 609.282,
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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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;

(12) is a labor trafficked youth;

(12) (13) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) (14) is a runaway;

(14) (15) is a habitual truant;

(15) (16) 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) (17) 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 8.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision
to read:

Subd. 33.

Labor trafficked youth.

For the purposes of this section, "labor trafficked
youth" means a child, as defined in subdivision 4, who:

(1) is a labor trafficking victim as defined in section 609.281, subdivision 6; or

(2) is a victim of severe forms of trafficking in persons as defined in United States Code,
title 22, section 7102(11)(B).

Sec. 9.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision
to read:

Subd. 34.

Human trafficking.

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).

Sec. 10.

Minnesota Statutes 2022, section 260C.212, subdivision 13, is amended to read:

Subd. 13.

Protecting Responding to missing and runaway children and youth at
risk of sex and preventing human trafficking or commercial sexual exploitation.

(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.

(a) (b) The local responsible social services agency shall develop protocols to
expeditiously locate any missing child missing from foster care or youth.

(b) (c) When the local responsible social services agency shall report learns that a child
or youth is missing, the agency staff must immediately, but no later than 24 hours, after
receiving information on a missing or abducted child:

(1) report to the local law enforcement agency for entry into the National Crime
Information Center (NCIC) database of the Federal Bureau of Investigation, and to the
National Center for Missing and Exploited Children and document having made this report.
When making a report to local law enforcement and National Center for Missing and
Exploited Children, the agency must include, when reasonably possible:

(i) a photo of the child or youth;

(ii) a description of the child or youth's physical features, such as height, weight, sex,
ethnicity, race, hair color, and eye color; and

(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

(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.

(c) (d) While the child or youth is missing, the local responsible social services agency
shall must:

(1) implement protocols to expeditiously locate the child or youth;

(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;

(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

(4) not discharge a child or youth from foster care or close the social services case until
diligent efforts have been exhausted to locate the child or youth and the court terminates
the agency's jurisdiction.

(d) (e) When the child or youth is located, the local responsible social services agency
shall must:

(1) notify all individuals and agencies that require notification in paragraph (c) of the
child or youth's return;

(2) interview the child or youth to determine and document, on a form approved by the
commissioner of children, youth, and families, what the child or youth experienced while
missing and the primary factors that contributed to the child's running away or otherwise
being absent child or youth's absence from care and,;

(3) to the extent possible and appropriate, respond to those the primary contributing
factors in current and subsequent placements.;

(e) The local social services agency shall determine what the child experienced while
absent from care, including screening (4) screen the child or youth's reported experience
to determine identify if the child or youth is a possible sex victim of human trafficking or
commercial sexual exploitation victim, as defined in section 260C.007, subdivision 31. 34;
and

(f) the local social services (5) if the child or youth is identified to have been a victim
of human trafficking, agency shall report immediately, but no later than 24 hours, to the
local law enforcement agency any reasonable cause to believe a child is, or is at risk of
being, a sex trafficking or commercial sexual exploitation victim.

(g) (f) With respect to any child or youth for whom the responsible social services agency
has responsibility for placement, care, or supervision, the local responsible social services
agency shall determine:

(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

(2) provide access to appropriate services, which may include services under Safe Harbor,
as described in section 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. 145.4716, amending the child or youth's
out-of-home placement plan in subdivision 1, as necessary.

EFFECTIVE DATE.

This section is effective July 1, 2024, except for paragraph (f),
which is effective July 1, 2025.

Sec. 11.

Minnesota Statutes 2022, section 260C.331, is amended by adding a subdivision
to read:

Subd. 7.

Notice.

(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:

(1) the child, if the child is 13 years of age or older;

(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;

(3) the guardian ad litem;

(4) the legally responsible agency as defined in section 256N.02, if different than the
responsible social services agency; and

(5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.

(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.

(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.

(d) If the responsible social services agency receives any benefits listed under this
subdivision, it must keep a record of:

(1) the total dollar amount it received on behalf of all children it receives benefits for;

(2) the total number of children it applied to be a payee for; and

(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.

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, but is not limited to, 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 or labor 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 13.

Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:

Subd. 11a.

Labor trafficking.

"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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 14.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15a, is
amended to read:

Subd. 15a.

Noncaregiver sex human trafficker.

"Noncaregiver sex human trafficker"
means an individual who is alleged to have engaged in the act of sex or labor 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, and who is not a person in a current
or recent position of authority as defined in section 609.341, subdivision 10.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 15.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15b, is
amended to read:

Subd. 15b.

Noncaregiver sex human trafficking assessment.

"Noncaregiver sex human
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 sex human trafficking assessment when a
maltreatment report alleges sex or labor trafficking of a child by someone other than the
child's caregiver. A noncaregiver sex human trafficking assessment does not include a
determination of whether child maltreatment occurred. A noncaregiver sex human 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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; or

(13) labor trafficking under sections 609.281 and 609.282; or

(13) (14) parental behavior, status, or condition requiring the county attorney to file a
termination of parental rights petition under section 260C.503, subdivision 2.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 17.

Minnesota Statutes 2022, section 260E.14, subdivision 3, is amended to read:

Subd. 3.

Neglect or, physical abuse, or labor trafficking.

(a) 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.

(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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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 or labor trafficking of a child.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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 sex human 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 sex human trafficking
assessment when a maltreatment report alleges sex or labor trafficking of a child and the
alleged offender is a noncaregiver sex human trafficker as defined by section 260E.03,
subdivision 15a.

(g) During a noncaregiver sex human 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 or labor trafficking a
child or was alleged to have engaged in any conduct requiring the agency to conduct an
investigation.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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 sex human trafficking assessment may
involve an Indian child. For purposes of this section, "immediate notice" means notice
provided within 24 hours.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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 sex human 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 sex human 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 sex human 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 sex human trafficking assessment. The alleged offender may submit
supporting documentation relevant to the assessment or investigation.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 22.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 2, is amended
to read:

Subd. 2.

Determination after family assessment or a noncaregiver sex human
trafficking assessment.

After conducting a family assessment or a noncaregiver sex human
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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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 sex human
trafficking assessment.

Within ten working days of the conclusion of a family assessment
or a noncaregiver sex human 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 24.

Minnesota Statutes 2023 Supplement, section 260E.33, subdivision 1, is amended
to read:

Subdivision 1.

Following a family assessment or a noncaregiver sex human trafficking
assessment.

Administrative reconsideration is not applicable to a family assessment or
noncaregiver sex human trafficking assessment since no determination concerning
maltreatment is made.

EFFECTIVE DATE.

This section is effective July 1, 2025.

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 sex human 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.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 26.

Minnesota Statutes 2022, section 260E.36, subdivision 1a, is amended to read:

Subd. 1a.

Sex Human trafficking and, sexual exploitation, and youth missing from
care training requirement.

As required by the Child Abuse Prevention and Treatment Act
amendments through Public Law 114-22 and to implement Public Law Laws 113-183 and
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 sex identification, prevention,
and response to human trafficking and sexual exploitation of children and youth, including
prevention for youth missing from care.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 27.

[260E.39] CHILD FATALITY AND NEAR FATALITY REVIEW.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given:

(1) "critical incident" means a child fatality or near fatality in which maltreatment was
a known or suspected contributing cause;

(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);

(3) "local review" means the local critical incident review conducted by the local review
team under subdivision 4, paragraph (c);

(4) "local review team" means a local child mortality review team established under
subdivision 2; and

(5) "panel" means the child mortality review panel established under subdivision 3.

Subd. 2.

Local child mortality review teams.

(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.

(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).

Subd. 3.

Child mortality review panel; establishment and membership.

(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.

(b) The panel shall consist of:

(1) the commissioner of children, youth, and families, or a designee;

(2) the commissioner of human services, or a designee;

(3) the commissioner of health, or a designee;

(4) the commissioner of education, or a designee;

(5) the superintendent of the Bureau of Criminal Apprehension, or a designee;

(6) a judge, appointed by the Minnesota judicial branch; and

(7) other members appointed by the governor, including but not limited to:

(i) a physician who is a medical examiner;

(ii) a physician who is a child abuse specialist pediatrician;

(iii) a county attorney who works on child protection cases;

(iv) two current child protection supervisors for local welfare agencies, each of whom
has previous experience as a frontline child protection worker;

(v) a current local welfare agency director who has previous experience as a frontline
child protection worker or supervisor;

(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;

(vii) a county or Tribal public health worker; and

(viii) a member representing law enforcement.

(c) The governor shall designate one member as chair of the panel from the members
listed in paragraph (b), clauses (6) and (7).

(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.

(e) The commissioner shall employ an executive director for the panel to:

(1) provide administrative support to the panel and the chair, including providing the
panel with critical incident notices submitted by local welfare agencies;

(2) compile and synthesize information for the panel;

(3) draft recommendations and reports for the panel's final approval; and

(4) conduct or otherwise direct training and consultation under subdivision 7.

Subd. 4.

Critical incident review process.

(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.

(b) The panel shall conduct a joint review with the local review team for:

(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;

(2) a critical incident the governor or commissioner directs the panel to review; and

(3) any other critical incident the panel chooses for review.

(c) The local review team must review all critical incident cases not subject to joint
review under paragraph (b).

(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.

(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.

(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.

(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.

(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.

(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.

Subd. 5.

Critical incident reviews; data practices and immunity.

(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.

(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.

(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.

(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.

(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.

(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.

Subd. 6.

Child mortality review panel; annual report.

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.

Subd. 7.

Local welfare agency critical incident review training.

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.

Subd. 8.

Culture of learning and improvement.

The local review teams and panel
shall advance and support a culture of learning and improvement within Minnesota's child
welfare system.

EFFECTIVE DATE.

This section is effective July 1, 2025.

Sec. 28.

Minnesota Statutes 2023 Supplement, section 518A.42, subdivision 3, is amended
to read:

Subd. 3.

Exception.

(a) This section The minimum basic support amount under
subdivision 2 does not apply to an obligor who is incarcerated 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.

(b) The minimum basic support amount under subdivision 2 does not apply to an obligor
who is a recipient of:

(1) a general assistance grant;

(2) Supplemental Security Income;

(3) a Temporary Assistance for Needy Families (TANF) grant; or

(4) comparable state-funded Minnesota family investment program (MFIP) benefits.

(b) (c) If the court finds the obligor receives no income and completely lacks the ability
to earn income, the minimum basic support amount under this subdivision 2 does not apply.

(c) (d) 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 this subdivision 2 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.

(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.

(e) A vacancy on the council may be filled by the appointing authority for the remainder
of the unexpired term.

Sec. 30. SUPREME COURT COUNCIL ON CHILD PROTECTION AND
MALTREATMENT PREVENTION.

Subdivision 1.

Establishment.

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.

Subd. 2.

Membership.

(a) The council must consist of the following members:

(1) the chief justice of the supreme court or a designee;

(2) the commissioner of children, youth, and families, or a designee;

(3) members representing Indian Tribes, including Tribal courts, appointed by the
executive board of the Minnesota Indian Affairs Council;

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(11) persons with lived experience as a parent involved with the child protection system,
appointed by the chief justice of the supreme court;

(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

(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.

(b) A member may satisfy more than one category of experience or expertise identified
in paragraph (a).

Subd. 3.

Organization and administration.

(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.

(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.

Subd. 4.

Meetings.

(a) The council must meet at the call of the chair.

(b) The chair must convene the council's first meeting, which must occur by September
15, 2024.

Subd. 5.

Duties.

The council must develop a comprehensive blueprint for improvement
that addresses all aspects of the child protection system, including prevention and early
intervention, by:

(1) reviewing policies, laws, practices, latest research, and data related to children in the
child protection system;

(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;

(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;

(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

(5) recognizing the inherent sovereignty of Tribal Nations and the unique political status
of their children and families.

Subd. 6.

Reports.

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.

Subd. 7.

Expiration.

The Supreme Court Council on Child Protection expires upon the
submission of its final report under subdivision 6.

Sec. 31. DIRECTION TO COMMISSIONER; CHILD MALTREATMENT
REPORTING SYSTEMS REVIEW AND RECOMMENDATIONS.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 32. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHILD
WELFARE WORKFORCE SYSTEM IMPROVEMENTS.

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:

(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;

(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;

(3) provide comprehensive statewide data reports; and

(4) track demographic information about children in the child welfare system, including
race, cultural and ethnic identity, disability status, and economic status.

Sec. 33. SUPPORTING RELATIVE CAREGIVER GRANTS.

(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.

(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.

(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.

(d) For purposes of this section, "relative" has the meaning given in Minnesota Statutes,
section 260C.007, subdivision 27.

Sec. 34. REVISOR INSTRUCTION.

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.

Sec. 35. REPEALER.

(a) Minnesota Statutes 2022, section 256.01, subdivisions 12 and 12a, are repealed.

(b) Minnesota Rules, part 9560.0232, subpart 5, is repealed.

EFFECTIVE DATE.

This section is effective July 1, 2025.

ARTICLE 13

ECONOMIC SUPPORTS

Section 1.

[142F.103] CAMPUS-BASED EMPLOYMENT AND TRAINING
PROGRAM FOR STUDENTS ENROLLED IN HIGHER EDUCATION.

Subdivision 1.

Designation.

(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).

(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.

Subd. 2.

Student eligibility.

A student is eligible to participate in a campus-based
employment and training program under this section if the student is enrolled in:

(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;

(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

(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.

Subd. 3.

Guidance.

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:

(1) clarifies the state and federal eligibility requirements for campus-based employment
and training programs for low-income households;

(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;

(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

(4) clarifies the SNAP eligibility criteria for students that qualify for a SNAP student
exemption under this section.

Subd. 4.

Application.

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.

Subd. 5.

Notice.

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.

EFFECTIVE DATE.

This section is effective upon federal approval. The commissioner
of human services must notify the revisor of statutes when federal approval is obtained.

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 finances and use of a dwelling unit as
primary quarters for living and eating separate from other individuals. 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.

(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 state or TANF
matching funds in the family assets for independence initiative, a household must meet the
eligibility requirements of the federal Assets for Independence Act, Public Law 105-285,
in Title IV, section 408 of that act have maximum income that is equal to or less than the
greater of:

(1) 50 percent of the area median income as determined by the United States Department
of Housing and Urban Development; or

(2) 200 percent of the federal poverty guidelines.

(b) To be eligible for state matching funds under this section, a household must meet
the requirements of this section.

(b) (c) 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.

(c) (d) 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
four ten percent of the money for administrative costs.

Sec. 5. TRANSFER TO DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES.

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.

ARTICLE 14

HOUSING AND HOMELESSNESS

Section 1. EMERGENCY SHELTER NEEDS ANALYSIS FOR TRANSGENDER
ADULTS EXPERIENCING HOMELESSNESS.

(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.

(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.

Sec. 2. PREGNANT AND PARENTING HOMELESS YOUTH STUDY.

(a) The commissioner of human services must contract with the Wilder Foundation to
conduct a study of:

(1) the statewide numbers and unique needs of pregnant and parenting youth experiencing
homelessness; and

(2) best practices in supporting pregnant and parenting homeless youth within
programming, emergency shelter, and housing settings.

(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.

Sec. 3. REVIVAL AND REENACTMENT.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4. REPEALER.

Laws 2023, chapter 25, section 190, subdivision 10, is repealed.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 15

CHILD CARE LICENSING

Section 1.

[142B.171] CHILD CARE WEIGHTED RISK SYSTEM.

Subdivision 1.

Implementation.

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.

Subd. 2.

Documented technical assistance.

(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:

(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;

(2) the noncompliance does not imminently endanger the health, safety, or rights of the
persons served by the program; and

(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.

(b) Documented technical assistance must include communication from the commissioner
to the license holder that:

(1) states the conditions that constitute a violation of a law or rule;

(2) references the specific law or rule violated; and

(3) explains remedies for correcting the violation.

(c) The commissioner shall not publicly publish documented technical assistance on the
department's website.

Sec. 2.

Minnesota Statutes 2022, section 245A.065, is amended to read:

245A.065 CHILD CARE FIX-IT TICKET.

Subdivision 1.

Fix-it ticket.

(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.

Subd. 2.

Expiration.

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.

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
within 90 days of the date the training was previously taken. License holders, second adult
caregivers, and substitutes must not let the training expire.

(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 within 90 days of the date the training was previously taken, and the training must
document the training be documented in the license holder's records. License holders, second
adult caregivers, and substitutes must not let the training expire.

(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 and Department of Children, Youth,
and Families 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; children, youth, and
families; 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 and Department of Children, Youth, and Families
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.

[142A.045] CHILDREN, YOUTH, AND FAMILIES
INTERGOVERNMENTAL ADVISORY COMMITTEE.

(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.

(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.

(c) Notwithstanding section 15.059, the intergovernmental advisory committee does not
expire.

(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.

Sec. 3.

[142B.47] 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 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:

(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 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.

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; Department of Children, Youth, and Families; 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,; the
Department of Health,; the Department of Children, Youth, and Families; 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 of
children, youth, and families 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 of human services; the commissioner of children, youth, and
families; 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 of children, youth, and families 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 a child foster residence setting, adult foster care, 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 and child foster residence setting 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 and caregivers assist in the care of
infants or children through five years of age, they are instructed on the standards in section
245A.1435 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 245A.035. 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 or private
licensing agency 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) 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;

(2) 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;

(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;

(4) adult foster care maximum capacity;

(3) (5) adult foster care minimum age requirement;

(4) (6) child foster care maximum age requirement;

(5) (7) variances regarding disqualified individuals;

(6) (8) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours;

(7) (9) variances to requirements relating to chemical use problems of a license holder
or a household member of a license holder; and

(8) (10) variances to section 142B.46 for the use of a cradleboard for a cultural
accommodation.

(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.

(b) (c) 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.

(c) (d) A license issued under this section may be issued for up to two years.

(d) (e) 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.

(e) (f) 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 caregivers in foster family and treatment foster care settings, 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 foster family license holder and caregivers,
and 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. Short-term substitute caregivers are exempt
from these requirements. 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.

(a) 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.

(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.

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.

(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.

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 human services children, youth, and families
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 human services children, youth, and families 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;

(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;

(8) (9) except as provided under chapter 245C 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, 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) or section 142A.20, subdivision 3, 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 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;

(9) (10) 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;

(10) (11) 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;

(11) (12) an individual disability waiver recipient based on a denial of a request for a
rate exception under section 256B.4914;

(12) (13) 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

(13) (14) 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.

(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.

(d) (e) 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.

(e) (f) 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.

(f) (g) 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.

(g) (h) 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 (h) (i).

(h) (i) 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.

(i) (j) 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,; education,; children, youth, and families; 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 and for hearings held under section 142A.20, subdivision 2, 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,; the commissioner of health; or the
commissioner of children, youth, and families in appeals within the commissioner's
jurisdiction under subdivision 3b,; 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 section sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph
(a), clauses (1), (2), (3), (5), (6), (7), (8), (11) (10), and (13) (12). 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), (8), (9), (10), and (12) (11).

(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), (8), or (9), or (10), 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 142A.20, subdivision 3, or 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
142A.20, subdivision 3, or 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.

(a) 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; the commissioner of human services has jurisdiction over
at least one of the hearings; 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.

(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.

Sec. 25.

Minnesota Statutes 2023 Supplement, section 256M.42, is amended by adding a
subdivision to read:

Subd. 7.

Adult protection grant allocation under Reform 2020.

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.

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) resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6
American Indian food sovereignty program under Minnesota Statutes, section 256E.342;

(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;
and

(26) Family Assets for Independence in Minnesota under Minnesota Statutes, section
256E.35.;

(27) capital for emergency food distribution facilities under Laws 2023, chapter 70,
article 20, section 2, subdivision 24, paragraph (i);

(28) community resource centers under Laws 2023, chapter 70, article 14, section 42;

(29) diaper distribution grant program under Minnesota Statutes, section 256E.38;

(30) Family First Prevention Services Act support and development grant program under
Minnesota Statutes, section 256.4793;

(31) Family First Prevention Services Act kinship navigator program under Minnesota
Statutes, section 256.4794;

(32) family first prevention and early intervention allocation program under Minnesota
Statutes, section 260.014;

(33) grants for prepared meals food relief under Laws 2023, chapter 70, article 12, section
33;

(34) independent living skills for foster youth under Laws 2023, chapter 70, article 14,
section 41;

(35) legacy adoption assistance under Minnesota Statutes, chapter 259A;

(36) quality parenting initiative grant program under Minnesota Statutes, section
245.0962;

(37) relative custody assistance under Minnesota Statutes, section 257.85;

(38) reimbursement to counties and Tribes for certain out-of-home placements under
Minnesota Statutes, section 477A.0126; and

(39) Supplemental Nutrition Assistance Program outreach under Minnesota Statutes,
section 256D.65.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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; and

(8) after-school community learning programs under Minnesota Statutes, section
124D.2211.; and

(9) grow your own program under Minnesota Statutes, section 122A.731.

Sec. 28.

Laws 2024, chapter 80, article 1, section 38, subdivision 1, is amended to read:

Subdivision 1.

Children, youth, and families judges; appointment Hearings held by
the Department of Human Services.

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:

(1) in active status;

(2) an inactive resident;

(3) retired;

(4) on disabled status; or

(5) on retired senior status.

All state agency hearings under subdivision 2 must be heard by a human services judge
pursuant to sections 256.045 and 256.0451.

Sec. 29.

Laws 2024, chapter 80, article 1, section 38, subdivision 2, is amended to read:

Subd. 2.

State agency hearings.

(a) 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; and

(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;

(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

(6) (4) 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.

(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.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(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.

(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.

(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.

(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.

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
children, youth, and families human services judge shall conduct a hearing on the an appeal
of a matter listed in subdivision 2 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 children, youth, and families state human services judge may take official notice of
adjudicative facts. The commissioner of children, youth, and families may accept the
recommended order of a state children, youth, and families human services 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 children, youth, and
families human services 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 7
5 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 5. 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 10 8.

(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 section 256.045, 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 children, youth, and families human services judge for a hearing held
under subdivision 2 or 3 section 256.045, subdivision 3b. 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 3 section 256.045, subdivision
3b, 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.

(c) The commissioner may issue a temporary order staying a proposed demission by a
residential facility licensed under chapter 142B:

(1) while an appeal by a recipient under subdivision 3 is pending; or

(2) for the period of time necessary for the case management provider to implement the
commissioner's order.

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 section 256.045, subdivision 3
3b, 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 section 256.045, subdivision 3 3b. The
commissioner may elect to become a party to the proceedings in the district court. Except
for appeals under section 256.045, subdivision 3 3b, 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 children, youth, and families state human services 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 section 256.045, subdivision 3 3b,
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
	256E.37	142A.46
	256E.38	142A.42
	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
	257.85	142A.65
	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
or private agency 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 the clients of the program clients or private agency. 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
or private agency must annually review and sign the plan.

(b) Plans for the transfer of open cases and case records must specify arrangements the
program or private agency 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 or private agency's 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.

(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.

(d) Counties may elect to reduce or waive the fees in paragraph (c) 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. 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 or, by personal service, or
through the provider licensing and reporting hub. 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. 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.

(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 and background studies for family child care
under chapter 245C; 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, 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;

(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.

(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.

(c) 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.

(b) (d) 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.

(c) (e) 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.

(d) (f) For family child care programs, the commissioner shall require a county agency
to conduct one unannounced licensing review at least annually.

(e) (g) A license issued under this section may be issued for up to two years.

(f) (h) 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 and foster residence
setting staff and volunteers 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, 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 foster family license holder and caregivers,
and 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. 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
	245A.144	142B.47
	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
119B.99	142A.44
121A.16	142D.09
121A.17	142D.091
121A.18	142D.092
121A.19	142D.093
122A.731	142D.33
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
	256E.342	142F.15
	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.

(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.

Sec. 45. CHILD FOSTER RESIDENCE SETTINGS TO STAY AT THE
DEPARTMENT OF HUMAN SERVICES.

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.

Sec. 46. DIRECTION TO THE COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES; COORDINATION OF SERVICES FOR CHILDREN WITH
DISABILITIES AND MENTAL HEALTH.

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.

Sec. 47. REPEALER.

(a) Minnesota Statutes 2022, section 245.975, subdivision 8, is repealed.

(b) 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, are repealed.

(c) Minnesota Rules, part 9545.0845, is repealed.

Sec. 48. EFFECTIVE DATE; TRANSFER OF RESPONSIBILITIES.

(a) This article is effective July 1, 2024.

(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.

(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).

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, may also and the Minnesota Indian Family Preservation Act under
sections 260.751 to 260.835 apply in the adoption of an Indian child, and may preempt
specific provisions of this chapter as described in section 259.201.

(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.

[259.201] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.

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.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 1a, is amended
to read:

Subd. 1a.

Active efforts.

(a) "Active efforts" means a rigorous and concerted level of
effort to preserve the Indian child's family that is ongoing throughout the involvement of
the child-placing agency to continuously involve the Indian child's Tribe and that uses the
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 prevailing social and cultural values, conditions, and way of life of the Indian
child's Tribe to: (1) preserve the Indian child's family and; (2) prevent placement of an
Indian child and,; (3) if placement occurs, to return the Indian child to the Indian child's
family at the earliest possible time; 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.

(b) Active efforts under section for all Indian child placements includes this section and
sections 260.012 and 260.762 and require a higher standard than reasonable efforts as defined
in section 260.012 to preserve the family, prevent breakup of the family, and reunify the
family. Active efforts include reasonable efforts as required by Title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 679c 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.

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 federal 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 Indian 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 is a domestic relations proceeding that includes
all placements where Indian children are placed out-of-home or 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, 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 a an Indian child and the Indian child's
parent or parents or Indian custodian; or (2) placing a an Indian 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 a an Indian child which requests the return of the Indian 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. 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.

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, or any Indian
person who has lawfully adopted an Indian child, including a person who has adopted a an
Indian 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:

Subd. 15a.

Petitioner.

"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.

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 (1) has specific knowledge of the Indian child's tribe's culture and customs, or meets
the criteria in section 260.771, subdivision 6, paragraph (d), and (2) provides testimony as
required by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1912, and the Minnesota Indian Family Preservation Act, regarding out-of-home placement
or termination of parental rights child placement or permanency proceedings 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, or 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:

Subd. 20a.

Tribal representative.

"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.

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 Indian 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 Indian 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, petitioner, 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, petitioner, or court shall
expeditiously initiate a child placement proceeding subject to the provisions of sections
260.751 to 260.835, transfer the Indian 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 must determine at any court hearing during the
emergency proceeding to determine 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, that placement of the
Indian child shall be placed in foster care 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.

(a) The child-placing agency or individual
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 individual petitioner and shall continue
throughout the involvement of the child-placing agency or individual petitioner.

(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.

(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:

(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

(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.

Subd. 2.

Notice to Tribes of services or court proceedings involving an Indian
child.

(a) When a child-placing agency or petitioner has information that a family assessment,
investigation, or noncaregiver sex trafficking assessment being conducted may involve an
Indian child, the child-placing agency or petitioner 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 or petitioner 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 or petitioner 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 or petitioner 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 or petitioner shall continue to include the Tribe in service
planning and updates as to the progress of the case.

(b) When a child-placing agency or petitioner has information that a child receiving
services may be an Indian child, the child-placing agency or petitioner 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 child-placing agency or petitioner 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 or petitioner 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 allow appearances by telephone, video conference, or other electronic medium
for Tribal representatives, the Indian child's parents, or the Indian custodian.

(d) 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, the child-placing
agency or individual petitioner shall effect service of any petition governed by sections
260.751 to 260.835 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 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 or Tribe cannot be determined, the child-placing agency or
petitioner shall provide the notice required in this paragraph to the United States Secretary
of the Interior, Bureau of Indian Affairs by certified or registered mail, return receipt
requested. 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.

(e) Notice under this subdivision must be in clear and understandable language and
include the following:

(1) the child's name, date of birth, and birth place;

(2) all names known for the parents and Indian custodian, including maiden, married,
former names, and aliases, correctly spelled;

(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;

(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;

(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

(6) statements setting out:

(i) the name of the petitioner and name and address of the petitioner's attorney;

(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;

(iii) the right of the Indian child's Tribe to intervene in the proceedings at any time;

(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;

(v) the right to be granted, upon request, up to 20 additional days to prepare for the
child-placement proceedings;

(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;

(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

(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.

(e) (f) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20
additional days to prepare for the admit-deny initial 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) (g) 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 agency or petitioner's involvement with an Indian child, the
child-placing agency or petitioner 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 or petitioner of satisfying the notice
requirements in state or federal law.

(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.

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 individual 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 Indian 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 individual
petitioner shall include in the notice the identity of the birth parents and Indian child absent
written objection by the birth parents. The child-placing agency or petitioner 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, individual 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 individual 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. 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.

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 Indian 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 agency's
agency or petitioner's involvement with an Indian child, the child-placing agency or petitioner
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 petitioner 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 CHILD PLACEMENT,
PRESERVE THE CHILD'S FAMILY, 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 regardless of whether the Indian child's Tribe has
intervened in the proceedings. Active efforts are not required to prevent voluntary
out-of-home placement and to effect voluntary permanency for the Indian child.

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; and

(3) request participation of the Indian child's Tribe at the earliest possible time and
request the Tribe's active participation throughout the case.

Subd. 2a.

Required findings that active efforts were provided.

(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.

(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:

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(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;

(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

(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.

Subd. 2b.

Adoptions.

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.

Subd. 3.

Required findings that active efforts were provided.

(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.

(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.

(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:

(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;

(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;

(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;

(4) whether the child-placing agency made early and ongoing efforts to identify, locate,
and include extended family members;

(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;

(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

(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.

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. 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.

(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, or if the Tribe agrees to concurrent jurisdiction.

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, upon a motion
or request by the Indian child's parent, Indian custodian, or Tribe, 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 of the Indian child's parent or the Indian custodian. The petition
motion or request to transfer may be filed made by the Indian child's parent, the Indian
custodian, or the Indian child's Tribe 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. 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) Upon a motion or request by an Indian child's parent, Indian custodian, or Tribe, the
court may find good cause to deny transfer to Tribal court if shall transfer jurisdiction to a
Tribal court unless the court determines that there is good cause to deny transfer based on
the following:

(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 in foster care out of the care
of the Indian child's parent or Indian custodian, the child-placing agency involved in the
decision to place the Indian child shall give notice as described in section 260.761 of the
placement to the Indian 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 foster care placement pending
a decision on adoption by a an Indian child's parent or Indian custodian, notice of the
placement shall be given to the Indian 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 foster care child placement or to termination of parental rights or
adoption, 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 Indian child's 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 Indian child to the Indian child's 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 individual 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 Indian child's placement with and relationship
to the Indian child's extended 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 individual 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
individual petitioner considering placement of an Indian child shall make ensure active
efforts are made to identify and locate siblings and extended family members and to explore
placement with an extended family member and facilitate continued involvement in the
Indian child's life members and ensure the Indian child's relationship with the Indian child's
extended family and Tribe.

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,
including but not limited to any proceeding where the petitioner or another party seeks to
temporarily or permanently remove an Indian child from the Indian child's parent or parents
or Indian custodian, the Indian child's parent or parents or Indian custodian 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 Indian child ten years of age or
older shall have the right to court-appointed counsel. 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.

(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.

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 or petitioner's involvement with an Indian child, the child-placing
agency or individual petitioner 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 individual petitioner 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:

Subd. 2e.

Participation of Indian child's Tribe in court proceedings.

(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.

(b) An Indian child's Tribe, Tribal representative, or attorney representing the Tribe:

(1) may appear remotely at hearings by telephone, video conference, or other electronic
medium without prior request;

(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;

(3) may file documents with the court using an alternative method that the clerk of court
shall accept and file electronically;

(4) is exempt from any filing fees required under section 357.021; and

(5) is exempt from the pro hac vice requirements of Rule 5 of the Minnesota General
Rules of Practice.

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 an any
involuntary foster care placement proceeding, the court must determine by clear and
convincing evidence, including testimony of a qualified expert witness, that continued
custody of the Indian child by the parent or Indian custodian is likely to result in serious
emotional damage or serious physical damage to the Indian 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 Indian child by the parent or Indian custodian is likely to result in serious
emotional damage or serious physical damage to the Indian child.

In an involuntary permanent transfer of legal and physical custody proceeding, permanent
custody to the agency proceeding, 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 Indian 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 foster care
child placement and permanency proceedings independently.

(b) The child-placing agency, individual 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 Indian 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,
videoconferencing video conference, or other methods electronic medium.

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 Indian child's parent or Indian custodian, 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 or petitioner 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 options preferences for temporary proceedings.

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 Indian 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 preference preferences for permanent proceedings.

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 Indian 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 county child-placing agency and petitioner 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 or petitioner
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 Indian child is able to understand
and comprehend the decision that is being made;

(iii) the testimony of a qualified expert designated by the Indian 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 Indian child
that require highly specialized services; or

(iv) the testimony by the child-placing agency or petitioner that a diligent search has
been conducted that did not locate any available, suitable families for the Indian 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 Indian
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 parents Indian custodian 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 or parents or Indian custodian unless returning the Indian
child to the Indian child's parent or parents 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 out-of-home child 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 or motion 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; and

(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 physical damage
or harm.; and

(3) determine whether the Indian child's parent or Indian custodian has been assessed
placement costs and order reimbursement of those costs.

(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.

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 Indian 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, Indian custodian, or a an
Indian child's 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 a an Indian
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 Indian 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 out-of-home 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 Indian child;

(2) the names and addresses of the biological parents and Indian custodian, if any;

(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 parent or parents
or Indian custodian requesting anonymity, the court shall delete the name and address of
the biological or adoptive parents or Indian custodian from the information sent to the Indian
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 enrollment membership 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 parents Indian custodian 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 Minnesota 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 Minnesota 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 federal 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 federal 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 federal Indian Child Welfare Act and the Minnesota 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 federal Indian Child Welfare Act and the Minnesota 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 federal 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 to the commissioner. It must include client outcomes, cost and effectiveness in
meeting the goals of the Minnesota Indian Family Preservation Act and permanency planning
goals. The commissioner must compile the final reports into one document and provide a
copy to each Tribe.

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), and who is an
extended family member as defined in section 260.755, subdivision 5b, of the Minnesota
Indian Family Preservation Act.

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.

(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.

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. This
chapter shall be construed consistently with the requirements of the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

Sec. 53.

[260D.011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.

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.

Sec. 54.

[260E.015] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.

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.

Sec. 55.

[524.5-2011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.

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.

Sec. 56. REPEALER.

Minnesota Statutes 2022, section 260.755, subdivision 13, is repealed.

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,; unearned income as defined under section 256P.01, subdivision 8,; income
under Minnesota Rules, part 3400.0170; 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
and; section 256P.06, subdivision 3,; and Minnesota Rules, part 3400.0170, 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);

(5) ends a provider's rate differential under section 119B.13, subdivision 3a or 3b;

(5) (6) initiates an administrative fraud disqualification hearing; or

(6) (7) 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
Department of Human Services, Appeals Division state agency. A provider's request must
be received by the Appeals Division state agency no later than 30 days after the date a
county or the commissioner mails sends the notice under subdivision 1c.

(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.

EFFECTIVE DATE.

This section is effective August 1, 2024.

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), clauses (1) to (5), a county agency or the commissioner must mail send
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 mail send the written notice at least 15 calendar days
before the adverse action's effective date. 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.

(b) The notice of adverse action in paragraph (a) 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.

(c) Notice requirements for administrative fraud disqualifications under subdivision 1a,
paragraph (b), clause (6), are set forth in section 256.046, subdivision 3.

(d) A provider must receive notices that include:

(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

(2) the amount of each payment when a payment is issued.

(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.

EFFECTIVE DATE.

This section is effective August 1, 2024.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 119B.161, subdivision 2, is amended
to read:

Subd. 2.

Notice.

(a) The commissioner must mail send 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.

EFFECTIVE DATE.

This section is effective August 1, 2024.

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. 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.

(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:

Subd. 3b.

Child care programs.

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:

(1) has not been immunized in accordance with subdivision 1 or 2 and in accordance
with Minnesota Rules, chapter 4604; and

(2) is not exempt from immunizations under subdivision 3, paragraph (a), (c), (e), or (f).

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) effective July 1, 2026, 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).

EFFECTIVE DATE.

This section is effective the day following final enactment.

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.

(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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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. 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; 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

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 a an investigation or 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, 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), 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. 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 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) shall must 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 shall must 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 mail send
written notice by certified mail using a signature-verified confirmed delivery method 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 mail send 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 Department of Human Services, Appeals Division state agency. A provider's
request must be received by the Appeals Division state agency 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 shall must 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.

EFFECTIVE DATE.

This section is effective August 1, 2024.

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 imminent 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.

The following households are entitled to expedited issuance of SNAP
benefits assistance:

(1) households with less than $150 in monthly gross income provided their liquid assets
do not exceed $100;

(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

(3) eligible households whose combined monthly gross income and liquid resources are
less than the household's monthly rent or mortgage and utilities.

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 shall must 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:

(1) no successor has been named in the benefit agreement when or a named successor
is not able or willing to accept custody or guardianship of the child; and

(2) 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, or the assistance agreement expires according to section 256N.25,
subdivision 1.

Sec. 17.

Minnesota Statutes 2022, section 256N.26, subdivision 15, is amended to read:

Subd. 15.

Payments.

(a) Payments to caregivers or youth under Northstar Care for
Children must be made monthly. Consistent with section 256N.24, subdivision 13, the
financially responsible agency must send the caregiver or youth the required written notice
within 15 days of a completed assessment or reassessment.

(b) Unless paragraph (c) or, (d), or (e) 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 or youth,
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.

(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.

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 or youth 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
or youth 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 or youth 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 or youth 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 or youth must be investigated
for fraud if the caregiver or youth reports information the caregiver or youth knows is untrue,
the caregiver or youth fails to notify the commissioner of changes that may affect eligibility,
or the agency administering the program receives relevant information that the caregiver
or youth did not report.

Sec. 21.

Minnesota Statutes 2022, section 256N.26, subdivision 22, is amended to read:

Subd. 22.

Termination notice for caregiver or youth.

The agency that issues the
maintenance payment shall provide the child's caregiver or the youth 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 provider caregiver or youth 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:

Subd. 4.

Rental income.

Rental income is subject to the requirements of this section.

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) proceeds from rent and 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;
and

(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

(7) (8) 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 25.

Minnesota Statutes 2022, section 259.53, is amended by adding a subdivision to
read:

Subd. 7.

Supportive parenting services for parents with disabilities.

(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.

(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.

(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.

(d) For purposes of this subdivision, "disability" and "supportive parenting services"
have the meanings given in section 260C.141, subdivision 1a.

EFFECTIVE DATE.

This section is effective August 1, 2024, and applies to pleadings
and motions pending on or after that date.

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 shall must be confidential
and shall must be disclosed only pursuant to section 259.61 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.

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,
or adopted persons aged 18 years of age and older, or adult siblings of adopted persons.
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 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
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.

(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.

In When making or supervising an adoptive placements placement, the agency must provide
in writing to the birth parents listed on the original birth record the information required
under this section paragraph and section 259.37, subdivision 2, clause (7).

Sec. 28.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1b, is amended
to read:

Subd. 1b.

Genetic Siblings.

(a) A person who is at least 18 years of age who was adopted
or, because of a termination of parental rights, who was committed to the guardianship of
the commissioner of human services, whether adopted or and not, adopted 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) The agency must provide assistance must be provided by the county or placing agency
of to the person requesting information to the extent that information is available in the
existing records at the Department of Human Services required to be kept under section
259.79. 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.
Upon the determination that parental rights with respect to another sibling were terminated,
identifying information and contact must be provided only upon mutual consent. A reasonable
fee may be imposed by the county or placing 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, to the extent the information is available:

(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 19 18 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. A child is not
considered to be without proper parental care based solely on the disability of the child's
parent, guardian, or 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;

(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:

Subd. 1a.

Supportive parenting services.

(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.

(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.

(c) For purposes of this subdivision, "disability" means:

(1) physical or mental impairment that substantially limits one or more of a parent's
major life activities;

(2) a record of having a physical or mental impairment that substantially limits one or
more of a parent's major life activities; or

(3) being regarded as having a physical or mental impairment that substantially limits
one or more of a parent's major life activities.

(d) The term "disability" must be construed in accordance with the ADA Amendments
Act of 2008, Public Law 110-325.

EFFECTIVE DATE.

This section is effective August 1, 2024, and applies to pleadings
and motions pending on or after that date.

Sec. 33.

Minnesota Statutes 2022, section 260C.178, subdivision 7, is amended to read:

Subd. 7.

Out-of-home placement Case plan.

(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.

(a) (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, an out-of-home placement plan required
under section 260C.212 shall must 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.

(b) (c) Upon the filing of the child protective services plan under section 260E.26 or
out-of-home placement plan which that 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 (l) (m). The court shall send written notice of the
approval of the child protective services plan or 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.

(c) (d) 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 child protective services plan or
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
shall must be based on the content of the petition.

(d) (e) Unless the parent agrees to comply with the terms of the child protective services
plan or 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 an the child protective services plan or
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 FOSTER CARE DISPOSITION.

Subdivision 1.

Court review for a child in the home of a parent under protective
supervision.

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.

Subd. 2.

Court review for a child placed in foster care.

(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.

(b) 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,
shall be is governed by section 260C.607.

(c) 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.

(b) (d) 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.

(c) (e) 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.

(d) (f) 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.

(e) (g) 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 which that would endanger
the child's health, safety, or welfare;

(2) an individual whose suitability for relative placement under section 260C.221 is
being determined and any member of the relative's individual's household who is over the
age of 13 when:

(i) the relative must be licensed for foster care; or

(i) the individual is being considered for relative placement under section 260C.221;

(ii) the background study is required under section 259.53, subdivision 2; or

(iii) 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 a petition
to transfer of permanent legal and physical custody to the relative under has been filed
according to section 260C.515, subdivision 4, in the child's best interest paragraph (d), and
the relative is not pursuing Northstar kinship assistance eligibility for the child under chapter
256N; 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 shall must 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.

(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.

(e) (f) 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.

(f) (g) 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.

EFFECTIVE DATE.

This section is effective March 1, 2025.

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) Except for emergency placement as provided for in section 245A.035, The following
requirements must be satisfied before the approval of a foster or adoptive 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), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child. For
adoptive placements in a related or unrelated home, the home must meet the requirements
of section 260C.611.

(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.

(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).

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;

(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;

(4) (3) 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;

(5) (4) 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.

(6) (5) that a child has experienced egregious harm in the parent's care which that 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;

(7) (6) 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;

(8) (7) that the child is neglected and in foster care; or

(9) (8) 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.

Transfer of permanent legal and physical custody to relative.

(a) The court
may order a transfer of permanent legal and physical custody to:

(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

(2) a fit and willing relative in the best interests of the child according to the following
requirements: in paragraph (b).

(1) (b) An order for transfer of permanent legal and physical custody to a relative shall
must only be made after the court has reviewed the suitability of the prospective legal and
physical custodian;, 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.

(2) 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;. The court must issue written
findings that include the following:

(1) the prospective legal and physical custodian understands that:

(3) (i) 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; and

(4) (ii) a permanent legal and physical custodian may shall 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;

(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;

(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;

(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

(5) there are reasons to separate siblings during placement, if applicable.

(5) (c) The responsible 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 who is not a parent shall 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 be accompanied by a kinship placement agreement under section 256N.22,
subdivision 2, between the agency and proposed permanent legal and physical custodian;.

(6) (d) 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 determination determinations required under clause
(7) and 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 must
be filed not no 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;.

(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:

(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;

(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;

(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

(iv) there are reasons to separate siblings during placement, if applicable;

(8) (e) The court may:

(1) 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;

(9) the court may (2) finalize a permanent transfer of permanent legal and physical and
legal custody to a relative regardless of eligibility for Northstar kinship assistance under
chapter 256N, provided that the court has reviewed the suitability of the proposed custodian,
including the summary of background study results, consistent with paragraph (b); and

(10) the juvenile court may (3) following a transfer of permanent legal and physical
custody to a relative, 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 or termination of parental rights.

(c) The agency's reasonable efforts to finalize the adoption must continue during the
pendency of the appeal under paragraph (b) or subdivision 6, paragraph (h), 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 shall must 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 shall must 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 which that 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 shall must be conducted according to the requirements of
the Rules of Juvenile Protection Procedure. Pursuant to subdivision 1, paragraph (c), the
court shall not finalize an adoption while an appeal is pending.

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 shall must 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, within the last three years, a sanction on the license
under section 245A.07 or an order of a conditional license under section 245A.06 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;
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 of decision for a child under the
guardianship of the commissioner. The child shall be considered is legally 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.

(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.

(d) (e) In the event a party to an adoption placement agreement terminates the agreement,
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;
and

(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

(4) (5) 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 or parent 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.

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.

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.

Sec. 47.

Minnesota Statutes 2022, section 518.17, is amended by adding a subdivision to
read:

Subd. 2a.

Parents with disabilities.

(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.

(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.

(c) For purposes of this subdivision, "disability" and "supportive parenting services"
have the meanings given in section 260C.141, subdivision 1a.

EFFECTIVE DATE.

This section is effective August 1, 2024, and applies to pleadings
and motions pending on or after that date.

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, certification holders, and former licensees are public: name, address, telephone
number of licensees, email addresses except for family child foster care, 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.

EFFECTIVE DATE.

This section is effective January 1, 2025.

Sec. 2.

[142C.18] CHILDREN'S RECORDS.

(a) A certification holder must maintain a record for each child enrolled in the certification
holder's program. The record must contain:

(1) the child's full name, birth date, and home address;

(2) the name and telephone number of the child's parents or legal guardians;

(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

(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.

(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:

(1) immunization information as required under section 121A.15 and Minnesota Rules,
chapter 4604;

(2) medication administration documentation as required under section 142C.11,
subdivision 3; and

(3) documentation of any known allergy as required under section 142C.11, subdivision
4.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 245A.02, subdivision 2c, is amended
to read:

Subd. 2c.

Annual or annually; family child care and family child foster care.

For
the purposes of family child care under sections 245A.50 to 245A.53 and family child foster
care training, "annual" or "annually" means each calendar year.

EFFECTIVE DATE.

This section is effective January 1, 2025.

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 certified audit financial review completed by an accountant to the
commissioner each year the license is renewed as required under section 245A.03, subdivision
1.

EFFECTIVE DATE.

This section is effective January 1, 2025.

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, 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;

(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 by family child care licensors.

County and private
agency staff who perform family child care delegated licensing functions must use the
commissioner's electronic licensing checklist in the manner prescribed by the commissioner.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 7.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:

Subd. 2.

Door to attached garage.

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 (a) If there is an opening between
an attached garage and a day care residence, there must be a door that is:

(1) a solid wood bonded-core door at least 1-3/8 inches thick;

(2) a steel insulated door if the door is at least 1-3/8 inches thick.; or

(3) a door with a fire protection rating of 20 minutes.

(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.

Sec. 8.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision to
read:

Subd. 8.

Stairways.

(a) All stairways must meet the requirements in this subdivision.

(b) Stairways of four or more steps must have handrails on at least one side.

(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.

(d) Gates or barriers must be used when children aged six to 18 months are in care.

(e) Stairways must be well lit, in good repair, and free of clutter and obstructions.

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; and

(6) supervision of school-age children when using the restroom and visiting the child's
personal storage space.; and

(7) supervision of preschool children when using an individual, private restroom within
the classroom.

EFFECTIVE DATE.

This section is effective August 1, 2024.

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; or

(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.; or

(9) an authorized agent in a license-exempt certified child care center as defined in
section 142C.01, subdivision 3.

(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.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245C.033, subdivision 3, is amended
to read:

Subd. 3.

Procedure; maltreatment and state licensing agency data.

(a) For requests
paid directly by the guardian or conservator, 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.

(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.

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 section 245C.03, subdivision 1, paragraph (a), this
chapter when the commissioner has reasonable cause.

(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.

(c) (b) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals described in
section 245C.03, subdivision 1, paragraph (a), who are subjects of studies under this chapter
when requested pursuant to this subdivision.

(d) (c) 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.

(e) (d) 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.

(a) 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.

(b) 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.

(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.

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.

(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.

Sec. 15.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

Subd. 6a.

Infant.

"Infant" means a child who is at least six weeks old but less than 16
months old.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 16.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

Subd. 6b.

Preschooler.

"Preschooler" means a child who is at least 33 months old but
who has not yet attended the first day of kindergarten.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 17.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

Subd. 6c.

School-age child.

"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:

(1) is no more than 13 years old;

(2) is 14 years old and has a disability and is eligible for child care assistance under
chapter 142E;

(3) is eligible for child care assistance until redetermination under section 142E.10,
subdivision 1, paragraph (e); or

(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.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 18.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

Subd. 8a.

Toddler.

"Toddler" means a child who is at least 16 months old but less than
33 months old.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 19.

Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 1, is amended
to read:

Subdivision 1.

Correction order and conditional certification requirements.

(a) If
the applicant or certification holder failed fails 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) The commissioner may issue a correction order to the applicant or certification holder
through the provider licensing and reporting hub. 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:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated;

(3) the time allowed to correct each violation; and

(4) the length and terms of the conditional certification, and the reasons for making the
certification conditional.

(c) Nothing in this section prohibits the commissioner from decertifying a center under
section 142C.07 before issuing a correction order or conditional certification.

(d) The commissioner may issue a correction order or conditional certification to the
applicant or certification holder through the provider licensing and reporting hub.

EFFECTIVE DATE.

This section is effective October 1, 2024.

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 or conditional certification is erroneous, the applicant
or certification holder may ask the commissioner to reconsider the part of the correction
order or conditional certification 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 or conditional certification, and must:

(1) specify the part of the correction order or conditional certification 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 of a correction order 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.

(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.

(c) (d) 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.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 21.

Minnesota Statutes 2022, section 245H.08, subdivision 1, is amended to read:

Subdivision 1.

Staffing requirements.

(a) Except as provided in paragraph (b), during
hours of operation, a certified center must have a director or designee 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.

(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.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 22.

Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 4, is amended
to read:

Subd. 4.

Maximum group size.

(a) For a child six weeks old through 16 months old an
infant, the maximum group size shall be no more than is eight children.

(b) For a child 16 months old through 33 months old toddler, the maximum group size
shall be no more than is 14 children.

(c) For a child 33 months old through prekindergarten preschooler, a the maximum
group size shall be no more than is 20 children.

(d) For a child in kindergarten through 13 years old school-age child, a the maximum
group size shall be no more than is 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.

(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:

(1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or

(2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.

EFFECTIVE DATE.

This section is effective October 1, 2024.

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:

six weeks old through 16 months old infants	1:4
16 months old through 33 months old toddlers	1:7
33 months old through prekindergarten preschoolers	1:10
kindergarten through 13 years old school-age children	1:15

(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.

(c) (b) For mixed mixed-age groups, the ratio for the age group of the youngest child
applies.

(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:

(1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or

(2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.

EFFECTIVE DATE.

This section is effective October 1, 2024.

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 the first 90 days of employment for
after the first date of direct contact with a child, the director and, all staff persons, and within
90 days after the first date of direct contact with a child for substitutes, and unsupervised
volunteers, each person 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.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 25.

Minnesota Statutes 2022, section 245H.14, subdivision 4, is amended to read:

Subd. 4.

Child development.

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. 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. 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.

EFFECTIVE DATE.

This section is effective October 1, 2024.

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:

(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;

(2) (1) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) (2) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) (3) 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; and

(5) (4) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing and certification requirements
relevant to the incident.; and

(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.

(c) This subdivision only applies to child care centers certified under chapter 142C and
licensed under Minnesota Rules, chapter 9503.

EFFECTIVE DATE.

This section is effective October 1, 2024.

Sec. 27.

Laws 2024, chapter 80, article 2, section 5, is amended by adding a subdivision
to read:

Subd. 23.

Family child foster care annual program evaluation.

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.

Sec. 28.

Laws 2024, chapter 80, article 2, section 16, is amended by adding a subdivision
to read:

Subd. 9.

Licensed child-placing agency personnel requirements.

(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:

(1) reviewing and approving each written home study the agency completes on
prospective foster parents or applicants to adopt;

(2) ensuring ongoing compliance with licensing requirements; and

(3) overseeing staff and ensuring they have the training and resources needed to perform
their responsibilities.

(b) The individual who supervises the agency's casework must meet at least one of the
following qualifications:

(1) is a licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker;

(2) is a trained culturally competent professional with experience in a relevant field; or

(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.

(c) The commissioner may grant a variance under section 142B.10, subdivision 16, to
the requirements in this section.

Sec. 29. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FAMILY
CHILD FOSTER CARE CONTINUOUS LICENSES.

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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 30. REPEALER.

Minnesota Rules, parts 9502.0425, subparts 5 and 10; and 9545.0805, subpart 1, are
repealed.

ARTICLE 20

MISCELLANEOUS

Section 1.

Minnesota Statutes 2022, section 16A.103, is amended by adding a subdivision
to read:

Subd. 1j.

Federal reimbursement for administrative costs.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Laws 2023, chapter 70, article 11, section 13, subdivision 8, is amended to read:

Subd. 8.

Expiration.

This section expires June 30, 2027 2028.

ARTICLE 21

HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. HUMAN SERVICES FORECAST ADJUSTMENTS.

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.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2024		2025

Sec. 2. COMMISSIONER OF HUMAN SERVICES

Subdivision 1. Total Appropriation

$

137,604,000

$

329,432,000

Appropriations by Fund
General Fund	139,746,000	325,606,000
Health Care Access Fund	10,542,000	6,224,000
Federal TANF	(12,684,000)	(2,398,000)

Subd. 2. Forecasted Programs

(a) MFIP/DWP

Appropriations by Fund
General Fund	(5,990,000)	(2,793,000)
Federal TANF	(12,684,000)	(2,398,000)

(b) MFIP Child Care Assistance

(36,726,000)

(26,004,000)

(c) General Assistance

(567,000)

292,000

(d) Minnesota Supplemental Aid

1,424,000

1,500,000

(e) Housing Support

11,200,000

14,667,000

(f) Northstar Care for Children

(3,697,000)

(11,309,000)

(g) MinnesotaCare

10,542,000

6,224,000

These appropriations are from the health care
access fund.

(h) Medical Assistance

180,321,000

352,357,000

(i) Behavioral Health Fund

(6,219,000)

(3,104,000)

Sec. 3. EFFECTIVE DATE.

This article is effective the day following final enactment.

ARTICLE 22

CHILDREN AND FAMILIES APPROPRIATIONS

Section 1. HUMAN SERVICES APPROPRIATIONS.

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.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2024		2025

Sec. 2. COMMISSIONER OF HUMAN SERVICES

Subdivision 1. Total Appropriation

$

1,615,000

$

30,348,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Central Office; Operations

Appropriations by Fund
General	2,369,000	9,896,000
Federal TANF	(990,000)	(1,094,000)

(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.

(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.

Subd. 3. Central Office; Children and Families

Appropriations by Fund
General	2,598,000	6,217,000
Federal TANF	990,000	1,094,000

(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.

(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.

(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.

(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.

Subd. 4. Central Office; Health Care

(3,216,000)

3,216,000

Subd. 5. Central Office; Behavioral Health, Deaf and Hard-of-Hearing, and Housing Services

(136,000)

136,000

Extended Availability. $136,000 of the
general fund appropriation in fiscal year 2025
is available until June 30, 2027.

Subd. 6. Grant Programs; Child Care Development Grants

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.

Subd. 7. Grant Programs; Children's Services Grants

-0-

550,000

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.

Subd. 8. Grant Programs; Children and Community Support Grants

-0-

(2,704,000)

This is a onetime reduction.

Subd. 9. Grant Programs; Children and Economic Support Grants

-0-

10,019,000

(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.

(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.

(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.

(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.

(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.

(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.

Subd. 10. Grant Programs; Fraud Prevention Grants

-0-

3,018,000

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.

Sec. 3. COMMISSIONER OF EDUCATION

$

1,882,000

$

1,715,000

(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.

(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.

(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.

Sec. 4. COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES

$

-0-

$

3,279,000

Base Level Adjustment. The general fund
base is increased by $7,183,000 in fiscal year
2026 and increased by $6,833,000 in fiscal
year 2027.

Sec. 5. OFFICE OF THE OMBUDSPERSON FOR FAMILY CHILD CARE PROVIDERS

Child Care and Development Block Grant
Allocation. 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.

Sec. 6. SUPREME COURT

$

-0-

$

1,000,000

Supreme Court Council on Child
Protection. $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.

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.

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.

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. Any
unexpended amount in fiscal year 2024 is
available in fiscal year 2025. 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.

(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.

(p) (o) 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.

(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.

(p) Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2024 are
available until June 30, 2025.

(o) (q) 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 and commissioner of
children, youth, and families, 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 and between the Department of Human Services and the
Department of Children, Youth, and Families 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. APPROPRIATION CANCELATION; EARLY CHILDHOOD LEARNING
AND CHILDHOOD PROTECTION FACILITIES.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 12. APPROPRIATIONS GIVEN EFFECT ONCE.

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.

Sec. 13. EXPIRATION OF UNCODIFIED LANGUAGE.

All uncodified language contained in this article expires June 30, 2025, unless a different
expiration date is explicit."

Delete the title and insert:

"A bill for 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."

We request the adoption of this report and repassage of the bill.
House Conferees: .
.		.
Cheryl Youakim		Mary Frances Clardy
.		.
Heather Edelson		Samantha Sencer-Mura
.
Ron Kresha
Senate Conferees: .
.		.
Mary Kunesh		Steve Cwodzinski
.		.
Heather Gustafson		Erin Maye Quade
.
Liz Boldon