1999 Minnesota Statutes

CHAPTER 256F. Minnesota family preservation act

     256F.01 Public policy. 

    The public policy of this state is to assure that all 
 children live in families that offer a safe, permanent 
 relationship with nurturing parents or caretakers.  To help 
 assure children the opportunity to establish lifetime 
 relationships, public social services must strive to provide 
 culturally competent services and be directed toward: 

    (1) preventing the unnecessary separation of children from 
 their families by identifying family problems, assisting 
 families in resolving their problems, and preventing breakup of 
 the family if it is desirable and possible; 

    (2) restoring to their families children who have been 
 removed, by continuing to provide services to the reunited child 
 and the families; 

    (3) placing children in suitable adoptive homes, in cases 
 where restoration to the biological family is not possible or 
 appropriate; and 

    (4) assuring adequate care of children away from their 
 homes, in cases where the child cannot be returned home or 
 cannot be placed for adoption. 

    HIST: 1Sp1985 c 9 art 2 s 69; 1991 c 292 art 3 s 10; 1995 c 
 207 art 4 s 5 

     256F.02 Citation. 

    Sections 256F.01 to 256F.07 and 256F.10 may be cited as the 
 "Minnesota Family Preservation Act." 

    HIST: 1Sp1985 c 9 art 2 s 70; 1991 c 292 art 3 s 11; 1995 c 
 207 art 4 s 6 

     256F.03 Definitions. 

    Subdivision 1.    Scope.  For purposes of sections 
 256F.01 to 256F.07, the terms defined in this section have the 
 meanings given them, unless the context clearly indicates 
 otherwise. 

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of human services.  

    Subd. 3.    County plan.  "County plan" means the 
 community social services plan required by section 256E.09. 

    Subd. 4.    County board.  "County board" means the 
 board of county commissioners in each county. 

    Subd. 5.    Family-based services.  "Family-based 
 services" means one or more of the services described in 
 paragraphs (a) to (e) provided to families primarily in their 
 own home for a limited time.  

    (a)    Crisis services.  "Crisis services" means 
 professional services provided within 24 hours of referral to 
 alleviate a family crisis and to offer an alternative to placing 
 a child outside the family home.  The services are intensive and 
 time limited.  The service may offer transition to other 
 appropriate community-based services. 

    (b)    Counseling services.  "Counseling services" means 
 professional family counseling provided to alleviate individual 
 and family dysfunction; provide an alternative to placing a 
 child outside the family home; or permit a child to return 
 home.  The duration, frequency, and intensity of the service is 
 determined in the individual or family service plan. 

    (c)    Life management skills services.  "Life 
 management skills services" means paraprofessional services that 
 teach family members skills in such areas as parenting, 
 budgeting, home management, and communication.  The goal is to 
 strengthen family skills as an alternative to placing a child 
 outside the family home or to permit a child to return home.  A 
 social worker shall coordinate these services within the family 
 case plan. 

    (d)    Mental health services.  "Mental health services" 
 means the professional services defined in section 245.4871, 
 subdivision 31. 

    (e)    Early intervention services.  "Early intervention 
 services" means family-based intervention services designed to 
 help at-risk families avoid crisis situations. 

    Subd. 6.    Human services board.  "Human services board"
 means a board established under section 402.02, Laws 1974, 
 chapter 293, or Laws 1976, chapter 340. 

    Subd. 7.    Permanency planning.  "Permanency planning" 
 means the systematic process of carrying out, within a short 
 time, a set of goal-oriented activities designed to help 
 children live in families that offer continuity of relationships 
 with nurturing parents or caretakers, and the opportunity to 
 establish lifetime relationships. 

    Subd. 8.    Placement prevention and family reunification 
 services.  "Placement prevention and family reunification 
 services" means a continuum of services designed to help 
 children remain with their families or to facilitate 
 reunification of children with their parents.  Placement 
 prevention and family reunification services available to a 
 minority family must reflect and support family models that are 
 accepted within the culture of the particular minority. 

    Subd. 9.    Residential facility  "Residential facility" 
 means a residential facility as defined in section 260C.212, 
 subdivision 1.  

    Subd. 10.    Family preservation core services.  "Family 
 preservation core services" means adequate capacity of crisis 
 services as defined in subdivision 5, paragraph (a), plus either 
 or both counseling services as defined in subdivision 5, 
 paragraph (b), and mental health services as defined in 
 subdivision 5, paragraph (e), plus life management skills 
 services as defined in subdivision 5, paragraph (c). 

    HIST: 1Sp1985 c 9 art 2 s 71; 1988 c 689 art 2 s 208; 1991 c 
 292 art 3 s 12; 1995 c 207 art 4 s 7,8; 1999 c 139 art 4 s 2; 
 1999 c 245 art 8 s 10 

     256F.04 Duties of commissioner of human services. 

    Subdivision 1.    Family preservation fund.  The 
 commissioner shall establish a family preservation fund to 
 assist counties in providing placement prevention and family 
 reunification services.  

    Subd. 2.    Forms and instructions.  The commissioner 
 shall provide necessary forms and instructions to the counties 
 for their community social services plan, as required in section 
 256E.09, that incorporate the information necessary to apply for 
 a family preservation fund grant, and to exercise county options 
 under section 256F.05, subdivision 8, paragraph (c).  

    Subd. 3.    Monitoring.  The commissioner shall design 
 and implement methods for monitoring the delivery and evaluating 
 the effectiveness of placement prevention and family 
 reunification services.  The commissioner shall monitor the 
 provision of family-based services and conduct evaluations.  

    Subd. 4.    Training.  The commissioner shall provide 
 training on family-based services. 

    HIST: 1Sp1985 c 9 art 2 s 72; 1991 c 292 art 3 s 13; 1995 c 
 207 art 4 s 9,10; 1997 c 7 art 2 s 47; 1997 c 203 art 5 s 12,13 

     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. 

    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 (d). 

    (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 or select this option in its county plan, as 
 provided in section 256F.04, subdivision 2.  Effective with the 
 first day of the grant period in which this option is selected, 
 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 626.556, or in the concurrent permanency planning pilot 
 program under section 260C.213, 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; 1999 c 139 art 4 s 4; 1999 c 
 159 s 71,72; 1999 c 245 art 8 s 11 

*   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."

     256F.06 Duties of county boards. 

    Subdivision 1.    Responsibilities.  A county board may, 
 alone or in combination with other county boards, apply for a 
 family preservation fund grant as provided in section 256F.04, 
 subdivision 2.  Upon approval of the grant, the county board may 
 contract for or directly provide family-based and other eligible 
 services.  A county board may contract with or directly provide 
 eligible services to children and families through a local 
 collaborative. 

    Subd. 2.    Developing family preservation core services. 
  When a county can demonstrate that its family preservation 
 core services are developed as provided in section 256F.05, 
 subdivision 1a, a county board becomes eligible to exercise the 
 expanded service option under section 256F.05, subdivision 8, 
 paragraph (c).  

    Subd. 3. Repealed, 1995 c 207 art 4 s 44 

    Subd. 4.    Reporting.  The commissioner shall specify 
 requirements for reports, including quarterly fiscal reports, 
 according to section 256.01, subdivision 2, paragraph (17).  

    HIST: 1Sp1985 c 9 art 2 s 74; 1Sp1986 c 3 art 1 s 31; 1989 c 
 89 s 21; 1991 c 292 art 3 s 15; 1Sp1993 c 1 art 3 s 25; 1995 c 
 207 art 4 s 18-20; 1997 c 203 art 5 s 18,19 

     256F.07 Placement prevention and family reunification 
  services. 

    Subdivision 1.    Preplacement review.  Each county 
 board shall establish a preplacement procedure to review each 
 request for substitute care placement and determine if 
 appropriate community resources have been utilized before making 
 a substitute care placement.  Emergency placements shall be 
 reviewed to determine services necessary to allow a child to 
 return home.  Placements shall be reviewed for compliance with 
 the Minority Family Heritage Act, sections 259.29 and 260C.215; 
 the Minnesota Minority Family Preservation Act, section 
 260C.193, subdivision 3; the Minnesota Indian Family 
 Preservation Act, sections 260.751 to 260.781; and the Indian 
 Child Welfare Act of 1978, United States Code, title 25, part 
 1901.  

    Subd. 2.    Procedure for placement.  When the 
 preplacement review has determined that a substitute care 
 placement is required because the child is in imminent risk of 
 abuse or neglect; or requires treatment of an emotional 
 disorder, chemical dependency, or mental retardation; the agency 
 shall determine the level of care most appropriate to meet the 
 child's needs in the least restrictive setting and in closest 
 proximity to the child's family; and estimate the length of time 
 of the placement, project a placement goal, and provide a 
 statement of the anticipated outcome of the placement. 

    Placements must be in compliance with the Minority Family 
 Heritage Act, sections 259.29 and 260C.212; the Minnesota 
 Minority Family Preservation Act, section 260C.193, subdivision 
 3; the Minnesota Indian Family Preservation Act, sections 
 260.751 to 260.781; and the Indian Child Welfare Act of 1978, 
 United States Code, title 25, part 1901. 

    Subd. 3.    Types of services.  Placement prevention and 
 family reunification services include family-based services as 
 defined in section 256F.03, subdivision 5.  

    Family-based services must be coordinated with additional 
 services identified and funded in the county social service act 
 plan to provide a comprehensive placement prevention and family 
 reunification services program. 

    Subd. 3a.    Minority family services.  In addition to 
 services listed in subdivision 3, placement prevention and 
 family reunification services for minority children include: 

    (1) development of foster and adoptive placement resources, 
 including recruitment, licensing, and support; 

    (2) advocacy in working with the county and private social 
 service agencies, and activities to help provide access to 
 agency services; 

    (3) family and community involvement strategies to combat 
 child abuse and chronic neglect of children; 

    (4) coordinated child welfare and mental health services to 
 minority families; and 

    (5) other activities and services approved by the 
 commissioner that further the goals of the minority heritage 
 preservation act. 

    Subd. 4.    Rights of the child and family.  The child 
 and the family may refuse placement prevention and family 
 reunification services or appeal the denial of the services. 

    HIST: 1Sp1985 c 9 art 2 s 75; 1988 c 689 art 2 s 209; 1991 c 
 292 art 3 s 16-18; 1994 c 631 s 31; 1999 c 139 art 4 s 2 

     256F.08 Grants for placement prevention and family 
  reunification; American Indian and minority children. 

    Subdivision 1.    Grant program.  Within the limits of 
 funds appropriated for this purpose, the commissioner shall 
 establish a specialized grants program for placement prevention 
 and family reunification for American Indian and minority 
 children. 

    Subd. 2.    Request for proposals.  The commissioner 
 shall request proposals for the development and provision of 
 services listed in 256F.07, subdivisions 3 and 3a. 

    Subd. 3.    Grant applications.  Local social services 
 agencies may apply for American Indian and minority children 
 placement prevention and family reunification grants.  
 Application may be made alone or in combination with neighboring 
 local social services agencies. 

    Subd. 4.    Forms and instructions.  The commissioner 
 shall provide necessary forms and instructions to the counties 
 to apply for an American Indian and minority child placement 
 prevention and family reunification grant. 

    Subd. 5.    Monitoring.  The commissioner shall design 
 and implement methods for monitoring, delivering, and evaluating 
 the effectiveness of placement prevention and family 
 reunification services for American Indian and minority children.

    HIST: 1989 c 282 art 2 s 134 

    256F.09 Subdivision 1. Renumbered 119A.37, subd 1 

    Subd. 1a. Renumbered 119A.37, subd 2 

    Subd. 2. Renumbered 119A.37, subd 3 

    Subd. 3. Renumbered 119A.37, subd 4 

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

    Subd. 5. Renumbered 119A.37, subd 5 

*   NOTE:  Subdivision 4 was also amended by Laws 1995, chapter 
*207, article 4, section 21, to read as follows: 

*   "Subd. 4.    Report.  The commissioner shall evaluate 
*the operation of the family visitation centers and report to the 
*legislature by February 1, 1994, with recommendations."

     256F.10 Child welfare targeted case management. 

    Subdivision 1.    Eligibility.  Persons under 21 years 
 of age who are eligible to receive medical assistance are 
 eligible for child welfare targeted case management services 
 under section 256B.094 and this section if they have received an 
 assessment and have been determined by the local county or 
 tribal social services agency to be:  

    (1) at risk of placement or in placement as described in 
 section 260C.212, subdivision 1; 

    (2) at risk of maltreatment or experiencing maltreatment as 
 defined in section 626.556, subdivision 10e; or 

    (3) in need of protection or services as defined in section 
 260C.007, subdivision 4.  

    Subd. 2.    Availability of services.  Child welfare 
 targeted case management services are available from providers 
 meeting qualification requirements and the certification 
 standards specified in subdivision 4.  Eligible recipients may 
 choose any certified provider of child welfare targeted case 
 management services.  

    Subd. 3.    Voluntary provider participation.  Providers 
 may seek certification for medical assistance reimbursement to 
 provide child welfare targeted case management services.  The 
 certification process is initiated by submitting a written 
 statement of interest to the commissioner.  

    Certified providers may elect to discontinue participation 
 by a written notice to the commissioner at least 120 days before 
 the end of the final calendar quarter of participation. 

    Subd. 4.    Provider qualifications and certification 
 standards.  The commissioner must certify each provider before 
 enrolling it as a child welfare targeted case management 
 provider of services under section 256B.094 and this section.  
 The certification process shall examine the provider's ability 
 to meet the qualification requirements and certification 
 standards in this subdivision and other federal and state 
 requirements of this service.  A certified child welfare 
 targeted case management provider is an enrolled medical 
 assistance provider who is determined by the commissioner to 
 have all of the following: 

    (1) the legal authority to provide public welfare under 
 sections 393.01, subdivision 7, and 393.07 or a federally 
 recognized Indian tribe; 

    (2) the demonstrated capacity and experience to provide the 
 components of case management to coordinate and link community 
 resources needed by the eligible population; 

    (3) administrative capacity and experience in serving the 
 target population for whom it will provide services and in 
 ensuring quality of services under state and federal 
 requirements; 

    (4) the legal authority to provide complete investigative 
 and protective services under section 626.556, subdivision 10, 
 and child welfare and foster care services under section 393.07, 
 subdivisions 1 and 2, or a federally recognized Indian tribe; 

    (5) a financial management system that provides accurate 
 documentation of services and costs under state and federal 
 requirements; and 

    (6) the capacity to document and maintain individual case 
 records under state and federal requirements. 

    Subd. 5.    Case managers.  Case managers are 
 individuals employed by and authorized by the certified child 
 welfare targeted case management provider to provide case 
 management services under section 256B.094 and this section.  A 
 case manager must have:  

    (1) skills in identifying and assessing a wide range of 
 children's needs; 

    (2) knowledge of local child welfare and a variety of 
 community resources and effective use of those resources for the 
 benefit of the child; and 

    (3) a bachelor's degree in social work, psychology, 
 sociology, or a closely related field from an accredited 
 four-year college or university; or a bachelor's degree from an 
 accredited four-year college or university in a field other than 
 social work, psychology, sociology or a closely related field, 
 plus one year of experience in the delivery of social services 
 to children as a supervised social worker in a public or private 
 social services agency.  

    Subd. 6.    Distribution of new federal revenue.  (a) 
 Except for portion set aside in paragraph (b), the federal funds 
 earned under this section and section 256B.094 by providers 
 shall be paid to each provider based on its earnings, and must 
 be used by each provider to expand preventive child welfare 
 services. 

 If a county or tribal social services agency chooses to be a 
 provider of child welfare targeted case management and if that 
 county or tribal social services agency also joins a local 
 children's mental health collaborative as authorized by the 1993 
 legislature, then the federal reimbursement received by the 
 county or tribal social services agency for providing child 
 welfare targeted case management services to children served by 
 the local collaborative shall be transferred by the county or 
 tribal social services agency to the integrated fund.  The 
 federal reimbursement transferred to the integrated fund by the 
 county or tribal social services agency must not be used for 
 residential care other than respite care described under 
 subdivision 7, paragraph (d). 

    (b) The commissioner shall set aside a portion of the 
 federal funds earned under this section to repay the special 
 revenue maximization account under section 256.01, subdivision 
 2, clause (15).  The repayment is limited to: 

    (1) the costs of developing and implementing this section 
 and sections 256B.094 and 256J.48; 

    (2) programming the information systems; and 

    (3) the lost federal revenue for the central office claim 
 directly caused by the implementation of these sections. 

    Any unexpended funds from the set aside under this 
 paragraph shall be distributed to providers according to 
 paragraph (a). 

    Subd. 7.    Expansion of services and base level of 
 expenditures.  (a) Counties and tribal social services must 
 continue the base level of expenditures for preventive child 
 welfare services from either or both of any state, county, or 
 federal funding source, which, in the absence of federal funds 
 earned under this section, would have been available for these 
 services.  The commissioner shall review the county or tribal 
 social services expenditures annually using reports required 
 under sections 245.482, 256.01, subdivision 2, paragraph 17, and 
 256E.08, subdivision 8, to ensure that the base level of 
 expenditures for preventive child welfare services is continued 
 from sources other than the federal funds earned under this 
 section. 

    (b) The commissioner may reduce, suspend, or eliminate 
 either or both of a county's or tribal social services' 
 obligations to continue the base level of expenditures and to 
 expand child welfare preventive services if the commissioner 
 determines that one or more of the following conditions apply to 
 that county or reservation: 

    (1) imposition of levy limits that significantly reduce 
 available social service funds; 

    (2) reduction in the net tax capacity of the taxable 
 property within a county or reservation that significantly 
 reduces available social service funds; 

    (3) reduction in the number of children under age 19 in the 
 county or reservation by 25 percent when compared with the 
 number in the base year using the most recent data provided by 
 the state demographer's office; or 

    (4) termination of the federal revenue earned under this 
 section. 

    (c) The commissioner may suspend for one year either or 
 both of a county's or tribal social services' obligations to 
 continue the base level of expenditures and to expand child 
 welfare preventive services if the commissioner determines that 
 in the previous year one or more of the following conditions 
 applied to that county or reservation: 

    (1) the total number of children in placement under 
 sections 260C.212 and 393.07, subdivisions 1 and 2, has been 
 reduced by 50 percent from the total number in the base year; or 

    (2) the average number of children in placement under 
 sections 260C.212 and 393.07, subdivisions 1 and 2, on the last 
 day of each month is equal to or less than one child per 1,000 
 children in the county or reservation. 

    (d) For the 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 the purposes of this section, child welfare 
 preventive services shall not include shelter care placements 
 under the authority of the court or public agency to address an 
 emergency, residential services except for respite care, child 
 care for the purposes of employment and training, adult 
 services, services other than child welfare targeted case 
 management when they are provided under medical assistance, 
 placement services, or activities not directed toward a specific 
 child or family.  Respite care must be planned, routine care to 
 support the continuing residence of the child with its family or 
 long-term primary caretaker and must not be provided to address 
 an emergency. 

    (e) For the counties and tribal social services beginning 
 to claim federal reimbursement for services under this section 
 and section 256B.094, the base year is the calendar year ending 
 at least two calendar quarters before the first calendar quarter 
 in which the provider begins claiming reimbursement.  For the 
 purposes of this section, the base level of expenditures is the 
 level of county or tribal social services expenditures in the 
 base year for eligible child welfare preventive services 
 described in this subdivision. 

    Subd. 8.    Provider responsibilities.  (a) 
 Notwithstanding section 256B.19, subdivision 1, for the purposes 
 of child welfare targeted case management under section 256B.094 
 and this section, the nonfederal share of costs shall be 
 provided by the provider of child welfare targeted case 
 management from sources other than federal funds or funds used 
 to match other federal funds, except when allowed by federal law 
 or agreement. 

    (b) Provider expenditures eligible for federal 
 reimbursement under this section must not be made from federal 
 funds or funds used to match other federal funds, except when 
 allowed by federal law or agreement. 

    (c) The commissioner may suspend, reduce, or terminate the 
 federal reimbursement to a provider that does not meet the 
 reporting or other requirements of section 256B.094 and this 
 section.  The county or reservation is responsible for any 
 federal disallowances.  The county or reservation may share this 
 responsibility with its contracted vendors. 

    Subd. 9.    Payments.  Notwithstanding section 256.025, 
 subdivision 2, payments to certified providers for child welfare 
 targeted case management expenditures under section 256B.094 and 
 this section shall only be made of federal earnings from 
 services provided under section 256B.094 and this section.  
 Payments to contracted vendors shall include both the federal 
 earnings and the nonfederal share. 

    Subd. 10.    Centralized disbursement of medical 
 assistance payments.  Notwithstanding section 256B.041, 
 provider payments for the cost of child welfare targeted case 
 management services shall not be made to the state treasurer.  
 For the purposes of child welfare targeted case management 
 services under section 256B.094 and this section, the 
 centralized disbursement of payments to providers under section 
 256B.041 consists only of federal earnings from services 
 provided under section 256B.094 and this section. 

    HIST: 1Sp1993 c 1 art 3 s 26; 1999 c 139 art 4 s 2; 1999 c 159 
 s 73; 1999 c 245 art 8 s 12-18 

     256F.11 Grant program for crisis nurseries. 

    Subdivision 1.    Crisis nurseries.  The commissioner of 
 human services shall establish a grant program to assist private 
 and public agencies and organizations to provide crisis 
 nurseries to offer temporary care for children who are abused, 
 neglected, and those children at high risk of abuse and neglect, 
 and children who are in families receiving child protective 
 services.  This service shall be provided without fee for a 
 maximum of 30 days in any year.  Crisis nurseries shall provide 
 referral to support services and provide family support services 
 as needed.  

    Subd. 2.    Fund distribution.  In distributing funds, 
 the commissioner shall give priority consideration to agencies 
 and organizations with experience in working with abused or 
 neglected children and their families, and with children at high 
 risk of abuse and neglect and their families, and serve 
 communities which demonstrate the greatest need for these 
 services.  Funds shall be distributed to crisis nurseries 
 according to a formula developed by the commissioner in 
 consultation with the Minnesota crisis nursery association.  
 This formula shall include funding for all existing crisis 
 nursery programs that meet program requirements as specified in 
 paragraph (a), and consideration of factors reflecting the need 
 for services in each service area, including, but not limited 
 to, the number of children 18 years of age and under living in 
 the service area, the percent of children 18 years of age and 
 under living in poverty in the service area, and factors 
 reflecting the cost of providing services, including, but not 
 limited to, the number of days of service provided in the 
 previous year.  At least 25 percent of available funds for state 
 fiscal year 1998 shall be set aside to accomplish any of the 
 following:  establish new crisis nursery programs; increase 
 statewide availability of crisis nursery services; and enhance 
 or expand services at existing crisis nursery programs. 

    (a) The crisis nurseries must:  

    (1) be available 24 hours a day, seven days a week; 

    (2) provide services for children up to three days at any 
 one time; 

    (3) make referrals for parents to counseling services and 
 other community resources to help alleviate the underlying cause 
 of the precipitating stress or crisis; 

    (4) provide services without a fee for a maximum of 30 days 
 in any year; 

    (5) provide services to children from birth to 12 years of 
 age; 

    (6) provide an initial assessment and intake interview 
 conducted by a skilled professional who will identify the 
 presenting problem and make an immediate referral to an 
 appropriate agency or program to prevent maltreatment and 
 out-of-home placement of children; 

    (7) maintain the clients' confidentiality to the extent 
 required by law, and also comply with statutory reporting 
 requirements which may mandate a report to child protective 
 services; 

    (8) contain a volunteer component; 

    (9) provide preservice training and ongoing training to 
 providers and volunteers; 

    (10) evaluate the services provided by documenting use of 
 services, the result of family referrals made to community 
 resources, and how the services reduced the risk of 
 maltreatment; 

    (11) provide age appropriate programming; 

    (12) provide developmental assessments; 

    (13) provide medical assessments as determined by using a 
 risk screening tool; 

    (14) meet United States Department of Agriculture 
 regulations concerning meals and provide three meals a day and 
 three snacks during a 24-hour period; and 

    (15) provide appropriate sleep and nap arrangements for 
 children.  

    (b) The crisis nurseries are encouraged to provide:  

    (1) on-site support groups for facility model programs, or 
 agency sponsored parent support groups for volunteer family 
 model programs; 

    (2) parent education classes or programs that include 
 parent-child interaction; and 

    (3) opportunities for parents to volunteer, if appropriate, 
 to assist with child care in a supervised setting in order to 
 enhance their parenting skills and self-esteem, in addition to 
 providing them the opportunity to give something back to the 
 program.  

    (c) Parents shall retain custody of their children during 
 placement in a crisis facility.  

    The crisis nurseries are encouraged to include one or more 
 parents who have used the crisis nursery services on the 
 program's multidisciplinary advisory board. 

    Subd. 3. Repealed, 1997 c 7 art 2 s 67 

    HIST: 1Sp1993 c 1 art 3 s 27; 1994 c 529 s 14; 1997 c 203 art 
 5 s 20 

     256F.12 Grant program for respite care. 

    Subdivision 1.    Respite care program.  The 
 commissioner of human services shall establish a grant program 
 to provide respite care services to families or caregivers who 
 are under stress and at risk of abusing or neglecting their 
 children, families with children suffering from emotional 
 problems, and families receiving child protective services.  

    Subd. 2.    Service goals.  Respite care programs shall 
 provide temporary services for families or caregivers in order 
 to:  

    (1) allow the family to engage in the family's usual daily 
 activities; 

    (2) maintain family stability during crisis situations; 

    (3) help preserve the family unit by lessening pressures 
 that might lead to divorce, institutionalization, neglect, or 
 child abuse; 

    (4) provide the family with rest and relaxation; 

    (5) improve the family's ability to cope with daily 
 responsibilities; and 

    (6) make it possible for individuals with disabilities to 
 establish independence and enrich their own growth and 
 development.  

    Subd. 3.    Definition.  "Respite care" means in-home or 
 out-of-home temporary, nonmedical child care for families and 
 caregivers who are under stress and at risk of abusing or 
 neglecting their children, and families with children suffering 
 from emotional problems.  Respite care shall be available for 
 time periods varying from one hour to two weeks.  

    In-home respite care is provided in the home of the person 
 needing care.  

    Out-of-home respite care will be given in the provider's 
 home or other facility.  In these cases, the provider's home or 
 facility must be currently licensed for day care or foster home 
 care.  

    Subd. 4.    Sliding fee scale.  The commissioner shall 
 establish a sliding fee scale that takes into account family 
 income, expenses, and ability to pay.  Grant funds shall be used 
 to subsidize the respite care of children.  Funded projects must:

    (1) prevent and reduce mental, physical, and emotional 
 stress on parents and children; 

    (2) provide training for caregivers; 

    (3) establish a network of community support groups and 
 resources for families; 

    (4) conduct an intake assessment in order to identify the 
 presenting problems and make appropriate referrals; 

    (5) provide age appropriate programming; and 

    (6) ensure that respite care providers complete at least 
 120 hours of training in child development, child care, and 
 related issues.  

    Subd. 5. Repealed, 1997 c 7 art 2 s 67 

    HIST: 1Sp1993 c 1 art 3 s 28 

     256F.13 Family services collaborative. 

    Subdivision 1.    Federal revenue enhancement.  (a)    
 Duties of the commissioner of human services.  The 
 commissioner of human services may enter into an agreement with 
 one or more family services collaboratives to enhance federal 
 reimbursement under Title IV-E of the Social Security Act and 
 federal administrative reimbursement under Title XIX of the 
 Social Security Act.  The commissioner may contract with the 
 department of children, families, and learning for purposes of 
 transferring the federal reimbursement to the commissioner of 
 children, families, and learning to be distributed to the 
 collaboratives according to clause (2).  The commissioner shall 
 have the following authority and responsibilities regarding 
 family services collaboratives: 

    (1) the commissioner shall submit amendments to state plans 
 and seek waivers as necessary to implement the provisions of 
 this section; 

    (2) the commissioner shall pay the federal reimbursement 
 earned under this subdivision to each collaborative based on 
 their earnings.  Notwithstanding section 256.025, subdivision 2, 
 payments to collaboratives for expenditures under this 
 subdivision will only be made of federal earnings from services 
 provided by the collaborative; 

    (3) the commissioner shall review expenditures of family 
 services collaboratives using reports specified in the agreement 
 with the collaborative to ensure that the base level of 
 expenditures is continued and new federal reimbursement is used 
 to expand education, social, health, or health-related services 
 to young children and their families; 

    (4) the commissioner may reduce, suspend, or eliminate a 
 family services collaborative's obligations to continue the base 
 level of expenditures or expansion of services if the 
 commissioner determines that one or more of the following 
 conditions apply: 

    (i) imposition of levy limits that significantly reduce 
 available funds for social, health, or health-related services 
 to families and children; 

    (ii) reduction in the net tax capacity of the taxable 
 property eligible to be taxed by the lead county or 
 subcontractor that significantly reduces available funds for 
 education, social, health, or health-related services to 
 families and children; 

    (iii) reduction in the number of children under age 19 in 
 the county, collaborative service delivery area, subcontractor's 
 district, or catchment area when compared to the number in the 
 base year using the most recent data provided by the state 
 demographer's office; or 

    (iv) termination of the federal revenue earned under the 
 family services collaborative agreement; 

    (5) the commissioner shall not use the federal 
 reimbursement earned under this subdivision in determining the 
 allocation or distribution of other funds to counties or 
 collaboratives; 

    (6) the commissioner may suspend, reduce, or terminate the 
 federal reimbursement to a provider that does not meet the 
 reporting or other requirements of this subdivision; 

    (7) the commissioner shall recover from the family services 
 collaborative any federal fiscal disallowances or sanctions for 
 audit exceptions directly attributable to the family services 
 collaborative's actions in the integrated fund, or the 
 proportional share if federal fiscal disallowances or sanctions 
 are based on a statewide random sample; and 

    (8) the commissioner shall establish criteria for the 
 family services collaborative for the accounting and financial 
 management system that will support claims for federal 
 reimbursement. 

    (b)    Family services collaborative responsibilities.  
 The family services collaborative shall have the following 
 authority and responsibilities regarding federal revenue 
 enhancement: 

    (1) the family services collaborative shall be the party 
 with which the commissioner contracts.  A lead county shall be 
 designated as the fiscal agency for reporting, claiming, and 
 receiving payments; 

    (2) the family services collaboratives may enter into 
 subcontracts with other counties, school districts, special 
 education cooperatives, municipalities, and other public and 
 nonprofit entities for purposes of identifying and claiming 
 eligible expenditures to enhance federal reimbursement, or to 
 expand education, social, health, or health-related services to 
 families and children; 

    (3) the family services collaborative must continue the 
 base level of expenditures for education, social, health, or 
 health-related services to families and children from any state, 
 county, federal, or other public or private funding source 
 which, in the absence of the new federal reimbursement earned 
 under this subdivision, would have been available for those 
 services, except as provided in subdivision 1, paragraph (a), 
 clause (4).  The base year for purposes of this subdivision 
 shall be the four-quarter calendar year ending at least two 
 calendar quarters before the first calendar quarter in which the 
 new federal reimbursement is earned; 

    (4) the family services collaborative must use all new 
 federal reimbursement resulting from federal revenue enhancement 
 to expand expenditures for education, social, health, or 
 health-related services to families and children beyond the base 
 level, except as provided in subdivision 1, paragraph (a), 
 clause (4); 

    (5) the family services collaborative must ensure that 
 expenditures submitted for federal reimbursement are not made 
 from federal funds or funds used to match other federal funds.  
 Notwithstanding section 256B.19, subdivision 1, for the purposes 
 of family services collaborative expenditures under agreement 
 with the department, the nonfederal share of costs shall be 
 provided by the family services collaborative from sources other 
 than federal funds or funds used to match other federal funds; 

    (6) the family services collaborative must develop and 
 maintain an accounting and financial management system adequate 
 to support all claims for federal reimbursement, including a 
 clear audit trail and any provisions specified in the agreement; 
 and 

    (7) the family services collaborative shall submit an 
 annual report to the commissioner as specified in the agreement. 

    Subd. 2.    Agreements with family services 
 collaboratives.  At a minimum, the agreement between the 
 commissioner and the family services collaborative shall include 
 the following provisions: 

    (1) specific documentation of the expenditures eligible for 
 federal reimbursement; 

    (2) the process for developing and submitting claims to the 
 commissioner; 

    (3) specific identification of the education, social, 
 health, or health-related services to families and children 
 which are to be expanded with the federal reimbursement; 

    (4) reporting and review procedures ensuring that the 
 family services collaborative must continue the base level of 
 expenditures for the education, social, health, or 
 health-related services for families and children as specified 
 in subdivision 2, clause (3); 

    (5) reporting and review procedures to ensure that federal 
 revenue earned under this section is spent specifically to 
 expand education, social, health, or health-related services for 
 families and children as specified in subdivision 2, clause (4); 

    (6) the period of time, not to exceed three years, 
 governing the terms of the agreement and provisions for 
 amendments to, and renewal of the agreement; and 

    (7) an annual report prepared by the family services 
 collaborative. 

    Subd. 3.    Waiver of rule requirements.  (a)    
 Requesting waivers of state or federal rules.  Local family 
 services collaboratives, including collaboratives in Becker, 
 Cass, and Ramsey counties, shall be encouraged to seek waivers 
 of state or federal rules, as necessary to carry out the 
 purposes of this section.  

    (b)    Waiver of state rules.  In order to receive a 
 waiver of the requirements of any state rule, the collaborative 
 shall submit a request for a variance to the appropriate 
 commissioner.  The request shall contain assurances that the 
 waiver will not affect client entitlements to services, will not 
 abridge any rights guaranteed to the client by state or federal 
 law, and will not jeopardize the health or safety of the 
 client.  The commissioner shall grant or deny all waiver 
 requests within 30 days of receiving those requests, by notice 
 to the collaborative and published notice in the State Register. 

    (c)    Waiver of federal rules.  A local collaborative 
 seeking a waiver from a federal rule shall submit a request, in 
 writing, to the appropriate commissioner who shall submit the 
 waiver request to the relevant policy committees of the 
 legislature.  If the legislative committees approve the request, 
 they shall direct the appropriate state agency to make a 
 reasonable effort to negotiate a waiver of the federal rule.  If 
 the legislative committees deny the request for a waiver, they 
 shall jointly notify the local collaborative of the reason for 
 denying the waiver.  If a waiver request is approved for 
 submission to federal authorities, the commissioner shall submit 
 all necessary materials to the appropriate federal authorities.  
 The commissioner shall notify the collaborative and the 
 legislative committees of the outcome of the federal waiver 
 request.  In every instance in which a federal waiver is 
 granted, the commissioner shall publish notice of receipt of the 
 waiver in the State Register. 

    HIST: 1Sp1993 c 1 art 3 s 29; 1Sp1993 c 6 s 40; 1Sp1995 c 3 
 art 16 s 6; 1999 c 159 s 74