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256F.05 Distribution of grants.

Subdivision 1. Repealed, 1989 c 282 art 2 s 219

Subd. 1a. Development of family preservation core services. The commissioner shall annually determine whether a county's family preservation core services, as defined in section 256F.03, subdivision 10, are developed for that calendar year. In making this determination for any given calendar year, the commissioner shall consider factors for each county such as which family preservation core services are included in its community services plan under section 256E.09, the ratio of expenditures on family preservation core services to expenditures on out-of-home placements, the availability of crisis services as defined in section 256F.03, subdivision 5, paragraph (a), and recent trends in out-of-home placements both within that county and statewide.

Subd. 2. Money available for family preservation. Money appropriated for family preservation under sections 256F.04 to 256F.07, together with an amount as determined by the commissioner of funds distributed to Minnesota according to United States Code, title 42, chapter 7, subchapter IV, part B, section 621, must be distributed to counties on a calendar year basis according to the formula in subdivision 3.

Subd. 2a. Repealed, 1995 c 207 art 4 s 44

Subd. 3. Grant formula. (a) The amount of money allocated to counties under subdivision 2 shall first be allocated in amounts equal to each county's guaranteed floor according to paragraph (b), and second, any remaining available funds allocated as follows:

(1) 50 percent of the funds shall be allocated based on the population of the county under age 19 years as compared to the state as a whole as determined by the most recent data from the state demographer's office;

(2) 20 percent of funds shall be allocated based on the county's percentage share of the unduplicated number of families who received family preservation services under section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e), in the most recent calendar year available as determined by the commissioner;

(3) ten percent of the funds shall be allocated based on the county's percentage share of the unduplicated number of children in substitute care in the most recent calendar year available as determined by the commissioner;

(4) ten percent of the funds shall be allocated based on the county's percentage share of the number of determined maltreatment reports in the most recent calendar year available as determined by the commissioner;

(5) five percent of the funds shall be allocated based on the county's percentage share of the number of American Indian children under age 18 residing in the county in the most recent calendar year as determined by the commissioner; and

(6) five percent of the funds shall be allocated based on the county's percentage share of the number of children of color receiving children's case management services as defined by the commissioner based on the most recent data as determined by the commissioner.

(b) Each county's grant guaranteed floor shall be calculated as follows:

(1) 90 percent of the county's allocation received in the preceding calendar year or $25,000, whichever is greater; and

(2) when the amounts of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor.

(c) The commissioner shall regularly review the use of family preservation fund allocations by county. The commissioner may reallocate unexpended or unencumbered money at any time among those counties that have expended or are projected to expend their full allocation.

(d) For the period of July 1, 1997, to December 31, 1998, only, each county shall receive an 18-month allocation. For the purposes of determining the guaranteed floor for this 18-month allocation, the allocation received in the preceding calendar year shall be determined by the commissioner based on the funding previously distributed separately under sections 256.8711 and 256F.04.

Subd. 4. Payments. The commissioner shall make grant payments to each county whose biennial community social services plan has been approved under section 256F.04, subdivision 2. The grant shall be paid to counties in four installments per year. The commissioner may certify the payments for the first three months of a calendar year. Subsequent payments shall be based on reported expenditures and may be adjusted for anticipated spending patterns.

Subd. 4a. Repealed, 1995 c 207 art 4 s 44

Subd. 5. Repealed, 1997 c 203 art 5 s 38

Subd. 6. Termination of grant. A grant may be reduced or terminated by the commissioner when the county agency has failed to comply with the terms of the grant or sections 256F.01 to 256F.07.

Subd. 7. Repealed, 1997 c 203 art 5 s 38

Subd. 8. Uses of family preservation fund grants. (a) A county which has not demonstrated that year that its family preservation core services are developed as provided in subdivision 1a, must use its family preservation fund grant exclusively for family preservation services defined in section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).

(b) A county which has demonstrated that year that its family preservation core services are developed becomes eligible either to continue using its family preservation fund grant as provided in paragraph (a), or to exercise the expanded service option under paragraph (c).

(c) The expanded service option permits an eligible county to use its family preservation fund grant for child welfare preventive services. For purposes of this section, child welfare preventive services are those services directed toward a specific child or family that further the goals of section 256F.01 and include assessments, family preservation services, service coordination, community-based treatment, crisis nursery services when the parents retain custody and there is no voluntary placement agreement with a child-placing agency, respite care except when it is provided under a medical assistance waiver, home-based services, and other related services. For purposes of this section, child welfare preventive services shall not include shelter care or other placement services under the authority of the court or public agency to address an emergency. To exercise this option, an eligible county must notify the commissioner in writing of its intention to do so no later than 30 days into the quarter during which it intends to begin or in its county plan, as provided in section 256F.04, subdivision 2. Effective with the first day of that quarter, the county must maintain its base level of expenditures for child welfare preventive services and use the family preservation fund to expand them. The base level of expenditures for a county shall be that established under section 256F.10, subdivision 7. For counties which have no such base established, a comparable base shall be established with the base year being the calendar year ending at least two calendar quarters before the first calendar quarter in which the county exercises its expanded service option. The commissioner shall, at the request of the counties, reduce, suspend, or eliminate either or both of a county's obligations to continue the base level of expenditures and to expand child welfare preventive services under extraordinary circumstances.

(d) Notwithstanding paragraph (a), a county that is participating in the child protection assessments or investigations community collaboration pilot program under section 626.5560, or in the concurrent permanency planning pilot program under section 257.0711, may use its family preservation fund grant for those programs.

HIST: 1Sp1985 c 9 art 2 s 73; 1Sp1986 c 3 art 1 s 30; 1987 c 309 s 26; 1989 c 282 art 2 s 132,133; 1991 c 292 art 3 s 14; 1995 c 207 art 4 s 11-17; 1997 c 203 art 5 s 14-17; 1998 c 406 art 2 s 1; 1998 c 407 art 8 s 6

* NOTE: Subdivision 5 was also amended by Laws 1997, chapter *85, article 4, section 20, to read as follows:

* "Subd. 5. Inappropriate expenditures. Family *preservation fund basic, placement earnings, and development *grant money must not be used for:

* (1) child day care necessary solely because of the *employment or training to prepare for employment, of a parent or *other relative with whom the child is living;

* (2) residential facility payments;

* (3) adoption assistance payments;

* (4) public assistance payments for aid to families with *dependent children, Minnesota family investment *program-statewide, supplemental aid, medical assistance, general *assistance, general assistance medical care, or community health *services authorized by sections 145A.09 to 145A.13; or

* (5) administrative costs for local social services agency *public assistance staff."

Official Publication of the State of Minnesota
Revisor of Statutes