2001 Minnesota Statutes

CHAPTER 119A. Department of children, families, and learning; programs

     119A.01 Abolishment; establishment; purpose; and goals. 

    Subdivision 1.    Abolishment.  The position of 
 commissioner of education and the department of education are 
 abolished.  The employees of the department of education are 
 transferred to the department of children, families, and 
 learning under section 15.039, subdivision 7. 

    Subd. 2.    Establishment.  The department of children, 
 families, and learning is established. 

    Subd. 3.    Purpose.  The purpose in creating the 
 department is to increase the capacity of Minnesota communities 
 to measurably improve the well-being of children and families by:

    (1) coordinating and integrating state funded and locally 
 administered family and children programs; 

    (2) improving flexibility in the design, funding, and 
 delivery of programs affecting children and families; 

    (3) providing greater focus on strategies designed to 
 prevent problems affecting the well-being of children and 
 families; 

    (4) enhancing local decision making, collaboration, and the 
 development of new governance models; 

    (5) improving public accountability through the provision 
 of research, information, and the development of measurable 
 program outcomes; 

    (6) increasing the capacity of communities to respond to 
 the whole child by improving the ability of families to gain 
 access to services; 

    (7) encouraging all members of a community to nurture all 
 the children in the community; 

    (8) supporting parents in their dual roles as breadwinners 
 and parents; and 

    (9) reducing the condition of poverty for families and 
 children through comprehensive, community-based strategies. 

    HIST: 1Sp1995 c 3 art 16 s 1; 1997 c 162 art 3 s 1 

     119A.02 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to this chapter. 

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of children, families, and learning. 

    Subd. 3.    Department.  "Department" means the 
 department of children, families, and learning. 

    Subd. 4.    Local grantee.  "Local grantee" means a 
 local unit of government or an agency or organization that 
 receives funds under section 119A.04. 

    HIST: 1Sp1995 c 3 art 16 s 2 

     119A.03 Commissioner. 

    Subdivision 1.    General.  The department is under the 
 administrative control of the commissioner.  The commissioner is 
 appointed by the governor with the advice and consent of the 
 senate.  The commissioner must possess broad knowledge and 
 experience in strengthening children and families.  The 
 commissioner has the general powers as provided in section 
 15.06, subdivision 6. 

    The commissioner's salary must be established according to 
 the procedure in section 15A.0815, in the same range as that 
 specified for the commissioner of finance. 

    Subd. 2.    Duties of commissioner.  The commissioner 
 shall:  

    (1) identify measurable outcomes by which programs 
 administered by the department will be evaluated at the state 
 and local level; 

    (2) develop linkages with other state departments to ensure 
 coordination and consistent state policies promoting healthy 
 development of children and families; 

    (3) prepare, in consultation with the children's cabinet 
 and affected parties, prior to July 1 of each year, guidelines 
 governing planning, reporting, and other procedural requirements 
 necessary to administer this chapter; 

    (4) facilitate inclusive processes when designing or 
 implementing guidelines and strategies to achieve agency goals 
 for children and families listed in section 119A.01, subdivision 
 3; 

    (5) facilitate intergovernmental and public-private 
 partnership strategies necessary to implement this chapter; 

    (6) submit to the federal government, or provide assistance 
 to local governments and organizations in submitting, where 
 appropriate and feasible, requests for federal waivers or 
 recommendations for changes in federal law necessary to carry 
 out the purposes of this chapter; 

    (7) coordinate review of all plans and other documents 
 required under the guidelines provided for in clause (3); 

    (8) coordinate development of the management support system 
 components required for implementation of this chapter; 

    (9) review other programs serving children and families to 
 determine the feasibility for transfer to the department of 
 children, families, and learning or the feasibility of inclusion 
 in the funding consolidation process; and 

    (10) monitor local compliance with this chapter. 

    HIST: 1Sp1995 c 3 art 16 s 3; 2Sp1997 c 3 s 18; 1999 c 86 art 
 1 s 27 

     119A.04 Transfers from other agencies. 

    Subdivision 1.    Department of human services.  The 
 powers and duties of the department of human services with 
 respect to the following programs are transferred to the 
 department of children, families, and learning under section 
 15.039.  The programs needing federal approval to transfer shall 
 be transferred when the federal government grants transfer 
 authority to the commissioner: 

    (1) children's trust fund under sections 119A.10 to 
 119A.17; 

    (2) the family services and community-based collaboratives 
 under section 124D.23; 

    (3) the child care programs under sections 119B.011 to 
 119B.16; 

    (4) the migrant child care program under section 256.01; 

    (5) the child care resource and referral program under 
 sections 119B.19 and 119B.211; and 

    (6) the child care service development program under 
 sections 119B.189 to 119B.24. 

    Subd. 2.    Department of economic security.  The powers 
 and duties of the department of economic security with respect 
 to the following programs are transferred to the department of 
 children, families, and learning under section 15.039 on July 1, 
 1997:  (1) the Head Start program, including Project 
 Cornerstone, under sections 119A.50 to 119A.54; and (2) 
 community action agency programs and financial assistance under 
 sections 119A.374 and 119A.376. 

    Subd. 3.    Office of strategic and long-range planning. 
  The powers and duties of the office of strategic and 
 long-range planning with respect to the following programs are 
 transferred to the department of children, families, and 
 learning under section 15.039.  The programs needing federal 
 approval to transfer shall be transferred when the federal 
 government grants transfer authority to the commissioner: 

    (1) the information redesign project under section 4A.01; 

    (2) the action for children activity under section 4A.01; 

    (3) the teen pregnancy prevention program under section 
 4A.01; and 

    (4) the Minnesota children's initiative project under 
 section 4A.01. 

    Subd. 4.    Department of corrections.  The powers and 
 duties with respect to the following program is transferred to 
 the department of children, families, and learning under section 
 15.039:  child abuse and child victims services under chapter 
 611A. 

    Subd. 5. Repealed, 1999 c 216 art 2 s 29; 1999 c 241 art 
 10 s 9 

    Subd. 6.    Funding for transferred programs.  State 
 appropriations for programs transferred under this section may 
 not be used to replace appropriations for K-12 programs.  State 
 and federal appropriations for programs under section 119A.15, 
 subdivision 5a, transferred from the department of economic 
 security, may not be used to replace, supplement, or supplant 
 federal or state appropriations for any other program in the 
 department. 

    Subd. 7.    Grantees of transferred programs.  Except as 
 provided in Minnesota Rules, chapter 3350, the commissioner 
 shall not reduce the number of organizations or eliminate 
 specific types of organizations that are eligible to directly 
 apply for grants made by programs transferred from the 
 department of economic security after January 1, 1997. 

    HIST: 1Sp1995 c 3 art 16 s 4,13; 1997 c 7 art 1 s 42; 1997 c 
 162 art 3 s 2,3; 1Sp1997 c 5 s 30; 1998 c 397 art 11 s 3; 1999 c 
 205 art 5 s 21; 2000 c 260 s 18 

     119A.05 Funding consolidation. 

    Subdivision 1.    Authority for funding consolidation.  
 Notwithstanding existing law governing allocation of funds by 
 local grantees, mode of service delivery, grantee planning and 
 reporting requirements, and other procedural requirements for 
 the grant programs identified in this section, a local grantee 
 may elect to consolidate all or a portion of funding received 
 from the programs under subdivision 5 in a collaboration funding 
 plan, if all conditions specified in this section are 
 satisfied.  County boards, school boards, or governing boards of 
 other grantees may elect not to consolidate funding for a 
 program.  

    For grantees electing consolidation, the commissioner may, 
 with the approval of the board of government innovation and 
 cooperation, waive all provisions of rules inconsistent with the 
 intent of this section.  This waiver authority does not apply to 
 rules governing client protections, due process, or inclusion of 
 clients, parents, cultures, and ethnicities in decision making.  
 Funding to a local grantee must be determined according to the 
 funding formulas or allocation rules governing the individual 
 programs listed in section 119A.04.  

    Subd. 2.    Account.  A consolidated funding account is 
 established under the control of the commissioner of children, 
 families, and learning.  The purpose of this account is to 
 clearly identify and provide accountability for funds previously 
 distributed to local grantees through the individual categorical 
 grant programs in subdivision 5.  By direction of the 
 commissioner, after consultation with the partnership planning 
 team and, upon a finding that the conditions specified in this 
 section have been satisfied, funds must be transmitted to this 
 account and allocated to local grantees by the commissioner. 

    Subd. 3.    Eligibility; accountability.  To be eligible 
 to receive funding for local consolidation, as provided for in 
 this section, a grantee must meet the following requirements:  

    (1) demonstrate participation by counties and schools in a 
 local collaborative process as defined in section 124D.23 or in 
 a similar process of collaboration with other local governments 
 and community organizations which satisfies the governance and 
 planning guidelines published by the commissioner as provided 
 for in this section; 

    (2) document consultation by counties and schools with 
 community action agencies and other community groups; 

    (3) complete and document, according to guidelines 
 published by the commissioner, a collaborative planning process 
 which clearly identifies:  

    (i) allocation of resources in the collaboration annual 
 funding plan; 

    (ii) a description of the governance structure for the 
 execution of the funding plan; 

    (iii) outcomes consistent with the statewide goals 
 identified in this chapter and in statutes governing previous 
 categorical funding included in the collaboration funding plan; 
 and 

    (iv) indicators sufficient to measure improvement or 
 decline in specified outcomes compared to baseline performance; 

    (4) conduct a public hearing on the funding consolidation 
 plan under chapter 13D; 

    (5) agree to periodically report information concerning 
 progress in addressing outcomes, as provided for in guidelines 
 to be published by the commissioner; and 

    (6) execute a written agreement between the commissioner 
 and the local grantees setting forth responsibilities, 
 obligations, and conditions consistent with this section.  The 
 agreement must state that the funds that are being locally 
 consolidated will be used collectively only to achieve the 
 objectives of the separate programs being locally consolidated.  

    Subd. 4.    Geographic area.  The geographic area for a 
 local consolidated funding process must be an entire county, a 
 multicounty area, or, with the approval of the county board and 
 commissioner, a subcounty area, if county funds are used.  The 
 process may provide for coordination of service delivery in 
 jurisdictions that extend across county boundaries. 

    Subd. 5.    Programs included.  Grant programs 
 transferred to the department of children, families, and 
 learning in section 119A.04 and programs transferred from the 
 abolished department of education are eligible for local funding 
 consolidation.  Eligibility of any federally funded programs for 
 local funding consolidation is conditioned upon obtaining 
 necessary federal waivers or changes in federal law. 

    Subd. 6.    Entry into program.  Grantees who meet all 
 requirements of this section may elect to begin using funding 
 for a local consolidated funding process beginning January 1, 
 1996, or at each six-month interval.  Other local grantees that 
 meet all requirements of this section may elect to begin using 
 funding for a local consolidation funding process beginning July 
 1, 1996, or at each six-month interval. 

    Subd. 7.    Sanctions.  If the commissioner finds that a 
 grantee has failed to comply with this section, the grantee 
 becomes subject to all requirements of individual grant programs 
 as specified in statutes and rules. 

    HIST: 1Sp1995 c 3 art 16 s 5; 1998 c 397 art 11 s 3 

     119A.08 Neighborhood-based services for children and 
  families. 

    Subdivision 1.    Pilot projects authorized.  The 
 commissioner may establish a pilot project for family services 
 collaboratives to deliver and broker services through 
 neighborhood-based community organizations. 

    Subd. 2.    Family service collaborative; pilot.  (a) A 
 family services collaborative under section 124D.23 may apply to 
 the commissioner to participate in the pilot project in 
 specified geographic areas.  The selected collaborative must 
 implement the program through family service centers and 
 eligible community groups that have strong ties to a local 
 neighborhood and represent the diversity of residents and that 
 have a history of providing services in the neighborhood. 

    (b) An eligible organization must submit an application to 
 the sponsoring family services collaborative with a description 
 of areas to be served, a neighborhood presence, the needs of the 
 area, the services to be provided with associated costs and 
 resources, the intended outcomes, and the proposed methods of 
 delivering service through volunteers, including any 
 reimbursement or incentive not to exceed $200 for any service.  
 Proposed services and amounts must be listed in an 
 outcomes-based format. 

    Subd. 3.    Eligible activities.  A participating center 
 or group may deliver, or arrange for the delivery of, needed 
 services listed in the application including assisting family 
 members to achieve the GED requirements; assisting with English 
 as a second language or citizenship classes and tests; assisting 
 with access to early childhood programs, childhood 
 immunizations, suitable child care, and home visits; and 
 assisting in crime prevention through after-school enrichment 
 activities, truancy prevention, and tutoring for academically 
 underachieving children. 

    A collaborative that receives a grant under this section 
 shall establish procedures to ensure the quality of the services 
 paid for with grant funds and to monitor the delivery of 
 services.  

    HIST: 1997 c 162 art 2 s 2; 1998 c 397 art 11 s 3 

     119A.10 Citation. 

    Sections 119A.11 to 119A.16 may be cited as the "Children's 
 Trust Fund for the Prevention of Child Abuse Act." 

    HIST: 1986 c 423 s 1; 1991 c 292 art 8 s 25 

     119A.11 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to Laws 1986, chapter 423, sections 1 to 9. 

    Subd. 2.    Act.  "Act" means the Children's Trust Fund 
 for the Prevention of Child Abuse Act. 

    Subd. 3.    Advisory council.  "Advisory council" means 
 the advisory council established under section 119A.13. 

    Subd. 4.    Child.  "Child" means a person under 18 
 years of age. 

    Subd. 5.    Child abuse.  "Child abuse" means sexual 
 abuse, neglect, or physical abuse as defined in section 626.556, 
 subdivision 2, paragraphs (a), (c), and (d). 

    Subd. 6.    Commissioner.  "Commissioner" means the 
 commissioner of children, families, and learning. 

    Subd. 7.    Local council.  "Local council" means a 
 child abuse prevention council established under section 119A.14.

    Subd. 8.    Prevention program.  "Prevention program" 
 means a system that directly provides primary or secondary child 
 abuse prevention services to a child, parent or prospective 
 parent, guardian, or professional who works regularly with 
 children, and may also include a research program related to the 
 prevention of child abuse. 

    Subd. 9.    Primary prevention.  "Primary prevention" 
 means a program or service designed to promote the general 
 welfare of children and families. 

    Subd. 10.    Secondary prevention.  "Secondary 
 prevention" means a program or service designed to prevent abuse 
 of children who are in circumstances where there is a high risk 
 that abuse will occur. 

    Subd. 11.    Tertiary prevention.  "Tertiary prevention" 
 means a program or service provided after child abuse has 
 occurred that is designed to prevent its recurrence. 

    Subd. 12.    Trust fund.  "Trust fund" means the 
 children's trust fund for the prevention of child abuse 
 established under section 119A.12. 

    HIST: 1986 c 423 s 2; 1991 c 292 art 8 s 8,25; 1Sp 1995 c 3 
 art 16 s 13 

     119A.12 Trust fund. 

    Subdivision 1.    Creation of trust fund.  A children's 
 trust fund for the prevention of child abuse is established as 
 an account in the state treasury.  The commissioner of finance 
 shall credit to the trust fund all amounts received under 
 sections 119A.16 and 144.226, subdivision 3, and shall ensure 
 that trust fund money is invested under section 11A.25.  All 
 money earned by the trust fund must be credited to the trust 
 fund.  The trust fund earns its proportionate share of the total 
 annual state investment income. 

    Subd. 2.    Availability of funds for disbursement.  
 Until the total amount of assets in the trust fund exceeds 
 $20,000,000, not more than 60 percent of the gross amount 
 contributed to the trust fund each year under section 144.226, 
 subdivision 3, plus 100 percent of all earnings credited to the 
 trust fund the previous fiscal year, are available for 
 disbursement.  When the commissioner of finance certifies that 
 the assets in the trust fund exceed $20,000,000, only the annual 
 earnings and the funds received under section 119A.16 that are 
 credited to the trust fund are available for disbursement.  

    Subd. 3.    Exception.  Notwithstanding subdivision 2, 
 money received under section 119A.16 may be disbursed in its 
 entirety.  This money must not be taken into account when 
 calculating the annual contributions to the trust fund under 
 this section. 

    Subd. 4.    Authority to disburse funds.  The 
 commissioner may disburse trust fund money to any public or 
 private nonprofit agency to fund a child abuse prevention 
 program.  State funds appropriated for child maltreatment 
 prevention grants may be transferred to the children's trust 
 fund special revenue account and are available to carry out this 
 section. 

    Subd. 5.    Plan for disbursement of funds.  The 
 commissioner shall develop a plan to disburse money from the 
 trust fund.  The plan must ensure that all geographic areas of 
 the state have an equal opportunity to establish prevention 
 programs and receive trust fund money. 

    Subd. 6.    Operational costs.  $120,000 each year is 
 appropriated from the children's trust fund to the special 
 revenue fund for administration and indirect costs of the 
 children's trust fund program. 

    Subd. 7.    Responsibilities of commissioner.  (a) The 
 commissioner shall: 

    (1) provide for the coordination and exchange of 
 information on the establishment and maintenance of prevention 
 programs; 

    (2) develop and publish criteria for receiving trust fund 
 money by prevention programs; 

    (3) review, approve, and monitor the spending of trust fund 
 money by prevention programs; 

    (4) provide statewide educational and public informational 
 seminars to develop public awareness on preventing child abuse; 
 to encourage professional persons and groups to recognize 
 instances of child abuse and work to prevent them; to make 
 information on child abuse prevention available to the public 
 and to organizations and agencies; and to encourage the 
 development of prevention programs, including programs that 
 provide support for adolescent parents, fathering education 
 programs, and other prevention activities designed to prevent 
 teen pregnancy; 

    (5) establish a procedure for an annual, internal 
 evaluation of the functions, responsibilities, and performance 
 of the commissioner in carrying out Laws 1986, chapter 423; 

    (6) provide technical assistance to local councils and 
 agencies working in the area of child abuse prevention; and 

    (7) accept and review grant applications beginning June 1, 
 1987. 

    (b) The commissioner shall recommend to the governor 
 changes in state programs, statutes, policies, budgets, and 
 standards that will reduce the problems of child abuse, improve 
 coordination among state agencies that provide prevention 
 services, and improve the condition of children, parents, or 
 guardians in need of prevention program services. 

    HIST: 1986 c 423 s 3; 1991 c 292 art 8 s 25; 1986 c 423 s 4; 
 1987 c 358 s 113; 1Sp1987 c 4 art 2 s 6; 1988 c 629 s 57; 1989 c 
 119 s 1; 1991 c 292 art 8 s 9,25; 1992 c 515 s 2; 1Sp1993 c 1 
 art 3 s 31; 1Sp1995 c 3 art 16 s 13; 1997 c 7 art 2 s 8,9; 1997 
 c 162 art 2 s 3-5; 1Sp2001 c 3 art 2 s 1-4,17 

    119A.13 Subdivision 1. Repealed, 1Sp2001 c 3 art 2 s 
 18 

    Subd. 2. Repealed, 1Sp2001 c 3 art 2 s 18 

    Subd. 3. Repealed, 1Sp2001 c 3 art 2 s 18 

    Subd. 4. Renumbered 119A.12 subd 7 

     119A.14 Local child abuse prevention councils. 

    Subdivision 1.    Establishment of council.  A child 
 abuse prevention council may be established in any county or 
 group of counties that was eligible to receive funds under 
 Minnesota Statutes 1986, section 145.917 as of January 1, 1986.  
 A council organized in such a county or group of counties shall 
 be authorized by the commissioner to review programs seeking 
 trust fund money on finding that the council meets the criteria 
 in this subdivision: 

    (a) The council has submitted a plan for the prevention of 
 child abuse that includes a rank ordering of needed programs and 
 services, assesses the need for additional programs or services, 
 and demonstrates that standards and procedures have been 
 established to ensure that funds will be distributed and used 
 according to Laws 1986, chapter 423. 

    (b) A single-county council shall consist of: 

    (1) a minimum of nine members with the majority consisting 
 of members from the community-at-large who do not represent 
 service-providing agencies.  These members shall represent the 
 demographic and geographic composition of the county and, to the 
 extent possible, represent the following groups:  parents, 
 businesses, racial and ethnic minority communities, and the 
 faith communities; and 

    (2) if necessary, enough additional members with knowledge 
 in the area of child abuse prevention so that a majority of the 
 council is composed of members who do not represent public 
 agencies. 

    (c) A multicounty council shall be composed of the combined 
 membership of persons in paragraph (b). 

    Subd. 2. Repealed, 1Sp2001 c 3 art 2 s 18 

    HIST: 1986 c 423 s 5; 1991 c 199 art 2 s 22; 1991 c 292 art 8 
 s 25; 1997 c 162 art 2 s 6 

     119A.15 Procedures and criteria for disbursement. 

    Subdivision 1.    Establishment.  The commissioner shall 
 establish in the plan for prevention of child abuse the criteria 
 for distribution of trust fund money.  All money shall be 
 distributed for programs and services involving primary or 
 secondary prevention, and no money shall be distributed for 
 programs and services involving tertiary prevention. 

    Subd. 2.    Matching and other requirements.  Trust fund 
 money shall only be distributed to applicants that demonstrate 
 an ability to match at least 40 percent of the amount of trust 
 fund money requested and whose proposals meet the other 
 criteria.  The matching requirement may be met through in-kind 
 donations.  In awarding grants, the commissioner shall consider 
 the extent to which the applicant has demonstrated a willingness 
 and ability to: 

    (1) continue the prevention program or service if trust 
 fund money is eliminated or reduced; and 

    (2) provide prevention program models and consultation to 
 other organizations and communities. 

    Subd. 3.    Use of funds.  Priority must be given to 
 applicants whose matching funds do not consist, in whole or in 
 part, of state or federal funds.  Any trust fund money received 
 must not be used to compensate for a decrease in previously 
 existing funding levels unless that decrease is attributable to 
 a decision made by state, federal, or other entities not 
 controlled by the applicant and the applicant demonstrates that 
 it has made reasonable efforts to retain all previously existing 
 funding. 

    Subd. 4.    Statewide or regional programs.  The 
 commissioner may fund programs that intend to serve the entire 
 state or a region larger than the area served by any local 
 council even if the program has not been reviewed by any local 
 council.  The commissioner may, however, solicit comments or 
 recommendations about the applicant or the program from a local 
 council covering any area to be served by the applicant's 
 proposed program. 

    Subd. 5.    Local council as recipient of funds.  The 
 commissioner may disburse funds to a local council for community 
 education purposes, or for administrative costs in carrying out 
 Laws 1986, chapter 423, if all criteria and standards are met.  

    Subd. 5a.    Excluded programs.  Programs transferred to 
 the department of children, families, and learning from the 
 department of economic security may not be included in the 
 consolidated funding account and are ineligible for local 
 consolidation.  The commissioner may not apply for federal 
 waivers to include these programs in funding consolidation 
 initiatives.  The programs include the following: 

    (1) programs for the homeless under sections 119A.43 and 
 268.365; 

    (2) emergency energy assistance and energy conservation 
 programs under sections 119A.40 and 119A.42; 

    (3) weatherization programs under section 119A.41; 

    (4) foodshelf programs under section 119A.44 and the 
 emergency food assistance program; and 

    (5) lead abatement programs under section 119A.45. 

    Subd. 6.    Contracts.  The commissioner shall use state 
 or local resources and staff if practicable, but may enter into 
 contracts with public or nonprofit private agencies to fulfill 
 the requirements of Laws 1986, chapter 423. 

    Subd. 7.    Rules.  The commissioner may adopt rules to 
 carry out Laws 1986, chapter 423. 

    HIST: 1986 c 423 s 6; 1Sp1987 c 4 art 2 s 7; 1991 c 292 art 8 
 s 25; 1997 c 162 art 2 s 7,8; art 3 s 4; 1998 c 273 s 2 

     119A.16 Acceptance of federal funds and other donations. 

    The commissioner may accept federal money and gifts, 
 donations, and bequests for the purposes of Laws 1986, chapter 
 423.  Money so received and proceeds from the sale of 
 promotional items, minus sales promotional costs, must be 
 deposited in the trust fund and must be made available to the 
 commissioner. 

    HIST: 1986 c 423 s 7; 1987 c 358 s 114; 1991 c 292 art 8 s 25; 
 1997 c 162 art 2 s 9 

     119A.17 Annual appropriation. 

    All earnings from trust fund assets, all sums received 
 under section 119A.16, and 60 percent of the amount collected 
 under section 144.226, subdivision 3, are appropriated annually 
 from the children's trust fund for the prevention of child abuse 
 to the commissioner of children, families, and learning to carry 
 out sections 119A.10 to 119A.16.  In fiscal year 1987 only, the 
 first $75,000 collected under section 144.226, subdivision 3, is 
 appropriated from the children's trust fund for the prevention 
 of child abuse to the commissioner of children, families, and 
 learning to carry out sections 119A.10 to 119A.16. 

    HIST: 1986 c 423 s 9; 1991 c 292 art 8 s 10,25; 1Sp1995 c art 
 16 s 13 

     119A.20 Abused child program. 

    Subdivision 1.    Definitions.  For the purposes of 
 sections 119A.20 to 119A.23, the following terms have the 
 meanings given.  

    Subd. 2.    Abused child.  "Abused child" means a child, 
 under the age of 18 years, who has suffered physical, emotional, 
 or mental injury, harmful neglect, sexual abuse or exploitation, 
 or negligent treatment.  

    Subd. 3.    Abused children services.  "Abused children 
 services" means any service or program designed to provide 
 advocacy, education, prevention, or direct service to or on 
 behalf of abused children, children at risk, and their families. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of the department of children, families, and 
 learning or a designee.  

    HIST: 1994 c 552 s 1; 1Sp1995 c 3 art 16 s 13 

     119A.21 Grants to service provider programs. 

    Subdivision 1.    Grants awarded.  The commissioner 
 shall award grants to programs that provide services to abused 
 or neglected children.  Grants shall be awarded in a manner that 
 ensures that they are equitably distributed to programs serving 
 metropolitan and nonmetropolitan populations.  

    Subd. 2.    Applications.  Any public or private 
 nonprofit agency may apply to the commissioner for a grant.  The 
 application shall be submitted on a form prescribed by the 
 commissioner.  

    Subd. 3.    Duties.  Every public or private nonprofit 
 agency which receives a grant under this section shall comply 
 with all requirements of the commissioner related to the 
 administration of the grants.  

    Subd. 4.    Classification of data collected by grantees. 
  Personal history information and other information collected, 
 used, or maintained by a grantee from which the identity of any 
 abused child or family members may be determined is private data 
 on individuals as defined in section 13.02, subdivision 12, and 
 the grantee shall maintain the data in accordance with 
 provisions of chapter 13. 

    HIST: 1994 c 552 s 2; 1Sp2001 c 3 art 2 s 5 

     119A.22 Duties of commissioner. 

    The commissioner shall:  

    (1) review applications and award grants to programs 
 pursuant to section 119A.21; 

    (2) design a uniform method of collecting data to be used 
 to monitor and assure compliance of the programs funded under 
 section 119A.21; 

    (3) provide technical assistance to applicants in the 
 development of grant requests and to grantees in meeting the 
 data collection requirements established by the commissioner; 
 and 

    (4) adopt, under chapter 14, all rules necessary to 
 implement the provisions of sections 119A.20 to 119A.23.  

    HIST: 1994 c 552 s 3; 1Sp2001 c 3 art 2 s 6 

  119A.23 Repealed, 1Sp2001 c 3 art 2 s 18 

  119A.25 Renumbered 299A.291 

  119A.26 Renumbered 299A.292 

  119A.27 Renumbered 299A.293 

    119A.28 Subdivision 1. Renumbered 299A.294, 
 subdivision 1 

    Subd. 2. Renumbered 299A.294, subd. 2 

    Subd. 3. Renumbered 299A.294, subd. 3 

    Subd. 4. Repealed, 1999 c 86 art 1 s 83 

  119A.29 Renumbered 299A.295 

  119A.30 Repealed, 1997 c 239 art 3 s 25 

    119A.31 Subdivision 1. MS 1998 Renumbered 
 299A.296, subdivision 1 

    Subd. 2. MS 1998 Renumbered 299A.296, subd. 2 

    Subd. 3. MS 1998 Repealed, 1999 c 86 art 1 s 83 

  119A.32 Renumbered 299A.297 

  119A.33 Renumbered 299A.298 

  119A.34 Renumbered 299A.299 

     119A.35 Advisory council. 

    Subdivision 1.    Generally.  The advisory council is 
 established under section 15.059 to advise the commissioner on 
 the implementation and continued operations of sections 119A.10 
 to 119A.16 and 119A.20 to 119A.22.  The council shall expire 
 June 30, 2005. 

    Subd. 2.    Council membership.  The council shall 
 consist of a total of 22 members.  The governor shall appoint 18 
 of these members.  The commissioners of human services and 
 health shall each appoint one member.  The senate shall appoint 
 one member from the senate committee with jurisdiction over 
 family and early childhood education and the house of 
 representatives shall appoint one member from the house 
 committee with jurisdiction over family and early childhood 
 education. 

    Council members shall have knowledge in the areas of child 
 abuse and neglect prevention and intervention and knowledge of 
 the risk factors that can lead to child abuse and neglect.  
 Council members shall be representative of:  local government, 
 criminal justice, parents, consumers of services, health and 
 human services professionals, faith community, professional and 
 volunteer providers of child abuse and neglect prevention and 
 intervention services, racial and ethnic minority communities, 
 and the demographic and geographic composition of the state.  
 Ten council members shall reside in the seven-county 
 metropolitan area and eight shall reside in nonmetropolitan 
 areas. 

    Subd. 3.    Responsibilities.  The council shall: 

    (1) advise the commissioner on planning, policy 
 development, data collection, rulemaking, funding, and 
 evaluation of the programs under the sections listed in 
 subdivision 1; 

    (2) coordinate and exchange information on the 
 establishment and ongoing operation of the programs listed in 
 subdivision 1; 

    (3) develop and publish criteria and guidelines for 
 receiving grants relating to child abuse and neglect prevention 
 and safety and support of child victims, including, but not 
 limited to, funds dedicated to the children's trust fund and 
 abused children program; 

    (4) provide guidance in the development of statewide 
 education and public information activities that increase public 
 awareness in the prevention and intervention of child abuse and 
 neglect and encourage the development of prevention and 
 intervention programs, which includes the safety of child 
 victims; 

    (5) guide, analyze, and disseminate results in the 
 development of appropriate evaluation procedures for all 
 programs receiving funds under subdivision 1; and 

    (6) assist the commissioner in identifying service gaps or 
 duplication in services including geographic dispersion of 
 resources, programs reflecting the cycle of child abuse, and the 
 availability of culturally appropriate intervention and 
 prevention services. 

    HIST: 1Sp2001 c 3 art 2 s 7 

     119A.37 Grants for parenting time centers. 

    Subdivision 1.    Purpose.  The commissioner shall issue 
 a request for proposals from existing local nonprofit, 
 nongovernmental, or governmental organizations, to use existing 
 local facilities as parenting time centers which may also be 
 used for parenting time exchanges.  The commissioner shall award 
 grants in amounts up to $50,000 for the purpose of creating or 
 maintaining parenting time centers in an effort to reduce 
 children's vulnerability to violence and trauma related to 
 parenting time, where there has been a history of domestic 
 violence or abuse within the family.  The commissioner shall 
 award the grants to provide the greatest possible number of 
 parenting time centers and to locate them to provide for the 
 broadest possible geographic distribution of the centers 
 throughout the state.  

    Each parenting time center must use existing local 
 facilities to provide a healthy interactive environment for 
 parents who are separated or divorced and for parents with 
 children in foster homes to visit with their children.  The 
 centers must be available for use by district courts who may 
 order parenting time to occur at a parenting time center.  The 
 centers may also be used as drop-off sites, so that parents who 
 are under court order to have no contact with each other can 
 exchange children for parenting time at a neutral site.  Each 
 center must provide sufficient security to ensure a safe 
 parenting time environment for children and their parents.  A 
 grantee must demonstrate the ability to provide a 25 percent 
 local match, which may include in-kind contributions. 

    Subd. 2.    County involvement.  Each county or group of 
 counties is encouraged to provide supervised parenting time 
 services in an effort to fill the gap in the court system that 
 orders supervised parenting time but does not provide a center 
 to accomplish the supervised parenting time as ordered.  Each 
 county or group of counties is encouraged to either financially 
 contribute to an existing parenting time center in the area, or 
 establish a new center if there is not one in the area, possibly 
 through county social services.  In creating a new center, the 
 county may collaborate with other counties, other parenting time 
 centers, family services collaboratives, court services, and any 
 other entity or organization.  The goal is to provide parenting 
 time centers statewide.  The county shall apply for funding that 
 may be available through the federal government, specifically 
 for family preservation or family reunification purposes, or any 
 other source of funding that will aid in developing and 
 maintaining this vital service. 

    Subd. 3.    Funding.  The commissioner may award grants 
 to create or maintain parenting time centers. 

    In awarding grants to maintain a parenting time center, the 
 commissioner may award a grant to a center that can demonstrate 
 a 35 percent local match, provided the center is diligently 
 exploring and pursuing all available funding options in an 
 effort to become self-sustaining, and those efforts are reported 
 to the commissioner. 

    In awarding grants to create a parenting time center, the 
 commissioner shall give priority to: 

    (1) areas of the state where no other parenting time center 
 or similar facility exists; 

    (2) applicants who demonstrate that private funding for the 
 center is available and will continue; and 

    (3) facilities that are adapted for use to care for 
 children, such as day care centers, religious institutions, 
 community centers, schools, technical colleges, parenting 
 resource centers, and child care referral services.  

    In awarding grants to create or maintain a parenting time 
 center, the commissioner shall require the proposed center to 
 meet standards developed by the commissioner to ensure the 
 safety of the custodial parent and children. 

    Subd. 4.    Additional services.  Each parenting time 
 center may provide parenting and child development classes, and 
 offer support groups to participating custodial parents and hold 
 regular classes designed to assist children who have experienced 
 domestic violence and abuse.  Each parenting time center must 
 have available an individual knowledgeable about or experienced 
 in the provision of services to battered women and domestic 
 abuse victims on its staff, its board of directors, or otherwise 
 available to it for consultation. 

    Subd. 5.    Administration.  In administering the grants 
 authorized by this section, the commissioner shall ensure that 
 the term "parenting time center" is used in all future 
 applications, publicity releases, requests for proposals, and 
 other materials of like nature.  Materials published prior to 
 the enactment of this legislation which use different terms may 
 be distributed by the commissioner until supplies are gone. 

    HIST: 1992 c 571 art 10 s 17; 1995 c 207 art 4 s 21; 1997 c 
 203 art 5 s 37; 1997 c 239 art 7 s 2,3; 2000 c 444 art 2 s 2; 
 2000 c 445 art 2 s 5 

     119A.374 Financial assistance for community action 
  agencies. 

    Subdivision 1.    Authorization.  The commissioner of 
 children, families, and learning may provide financial 
 assistance for community action agencies, Indian reservations, 
 and migrant and seasonal farmworker organizations to carry out 
 community action programs as described in section 119A.376 in 
 accordance with the Omnibus Reconciliation Act of 1981, Public 
 Law Number 97-35, as amended in 1984, Public Law Number 98-558, 
 state law, and federal law and regulation. 

    Subd. 2.    Allocation of money.  (a) State money 
 appropriated and community service block grant money allotted to 
 the state and all money transferred to the community service 
 block grant from other block grants shall be allocated annually 
 to community action agencies and Indian reservation governments 
 under clauses (b) and (c), and to migrant and seasonal 
 farmworker organizations under clause (d). 

    (b) The available annual money will provide base funding to 
 all community action agencies and the Indian reservations.  Base 
 funding amounts per agency are as follows:  for agencies with 
 low income populations up to 3,999, $25,000; 4,000 to 23,999, 
 $50,000; and 24,000 or more, $100,000. 

    (c) All remaining money of the annual money available after 
 the base funding has been determined must be allocated to each 
 agency and reservation in proportion to the size of the poverty 
 level population in the agency's service area compared to the 
 size of the poverty level population in the state.  

    (d) Allocation of money to migrant and seasonal farmworker 
 organizations must not exceed three percent of the total annual 
 money available.  Base funding allocations must be made for all 
 community action agencies and Indian reservations that received 
 money under this subdivision, in fiscal year 1984, and for 
 community action agencies designated under this section with a 
 service area population of 35,000 or greater. 

    Subd. 3.    Reports.  Each community action agency 
 receiving funds under this section shall report annually to the 
 commissioner concerning the use of the funds.  

    Subd. 4.    Definition.  For the purposes of sections 
 119A.374 to 119A.376, "poverty level population" means the 
 number of people whose household income is at or below the 
 poverty line established by the United States Office of 
 Management and Budget in accordance with the most recent state 
 population figures established by the United States Department 
 of Commerce, Bureau of the Census. 

    HIST: 1981 c 367 s 2; 1982 c 571 s 1-3; 1983 c 339 s 6; 1985 c 
 282 s 1,2; 1Sp1985 c 14 art 9 s 75; 1994 c 483 s 1; 1Sp1995 c 3 
 art 16 s 13; 1Sp1998 c 1 art 1 s 1,2 

     119A.375 Community action agencies. 

    Subdivision 1.    In general.  A community action agency 
 is a political subdivision of the state, a combination of 
 political subdivisions, a public agency, or a private nonprofit 
 agency which has the authority under its applicable charter or 
 laws to receive funds under section 119A.374 to support 
 community action programs as described in section 119A.376 and 
 which was designated as an eligible entity under the Community 
 Services Block Grant Act, Public Law Number 97-35, section 
 673(1), 95 Stat. 357, 512 (1981), as amended by, Act of October 
 30, 1984, Public Law Number 98-558, section 202, 98 Stat. 2878, 
 2884 (1984).  For purposes of this subdivision, "eligible entity"
 also means any community action agency which qualified under all 
 federal and state regulations applicable during the period from 
 1981 to September 30, 1984.  

    Subd. 2.    Designation and recognition.  To obtain 
 recognition by the governor a community action agency must be 
 designated by a political subdivision having jurisdiction over 
 the entire area to be served by the agency.  To designate a 
 community action agency, the political subdivision must hold a 
 public hearing, pass a resolution to designate, and file a 
 "notice of intent to designate" and eligibility documents with 
 the state office of economic opportunity for final review and 
 authorization for a new community action agency.  

    Subd. 3.    Administering board.  Each community action 
 agency shall administer its community action programs through a 
 community action board consisting of 15 to 51 members. 

    (a) One-third of the members of the board shall be elected 
 public officials, currently holding office, or their 
 representatives. 

    (b) At least one-third of the members shall be persons 
 chosen in accordance with democratic selection procedures 
 adequate to assure that they are representative of the poor in 
 the area served. 

    (c) The other members shall be officials or members of 
 business, industry, labor, religious, welfare, education, or 
 other major groups and interests in the community.  Each member 
 of the board selected to represent a specific geographic area 
 within a community must reside in the area represented. 

    (d) The public community action agency shall have an 
 administering board which meets the requirements of this 
 subdivision.  

    (e) The statewide migrant seasonal farmworker organization 
 known as the Minnesota migrant council and Indian reservations 
 carrying out community action programs are exempt from the board 
 composition requirements of this subdivision. 

    Subd. 4.    Delegation of powers.  If a community action 
 agency places responsibility for major policy determinations 
 with respect to the character, funding, extent, and 
 administration of and budgeting for programs to be carried on in 
 a particular geographic area within the community in a 
 subsidiary board, council, or similar agency, that board, 
 council, or agency shall be broadly representative of the area.  

    Subd. 5.    Local participation.  Each community action 
 agency shall consult neighborhood based organizations composed 
 of residents of the area or members of the groups served to 
 assist the agency in the planning, conduct, and evaluation of 
 components of the community action program.  

    Subd. 6.    Functions; powers.  A community action 
 agency shall:  

    (a) Plan systematically for an effective community action 
 program; develop information as to the problems and causes of 
 poverty in the community; determine how much and how effectively 
 assistance is being provided to deal with those problems and 
 causes; and establish priorities among projects, activities and 
 areas as needed for the best and most efficient use of 
 resources; 

    (b) Encourage agencies engaged in activities related to the 
 community action program to plan for, secure, and administer 
 assistance available under section 119A.374 or from other 
 sources on a common or cooperative basis; provide planning or 
 technical assistance to those agencies; and generally, in 
 cooperation with community agencies and officials, undertake 
 actions to improve existing efforts to reduce poverty, such as 
 improving day-to-day communications, closing service gaps, 
 focusing resources on the most needy, and providing additional 
 opportunities to low-income individuals for regular employment 
 or participation in the programs or activities for which those 
 community agencies and officials are responsible; 

    (c) Initiate and sponsor projects responsive to needs of 
 the poor which are not otherwise being met, with particular 
 emphasis on providing central or common services that can be 
 drawn upon by a variety of related programs, developing new 
 approaches or new types of services that can be incorporated 
 into other programs, and filling gaps pending the expansion or 
 modification of those programs; 

    (d) Establish effective procedures by which the poor and 
 area residents concerned will be enabled to influence the 
 character of programs affecting their interests, provide for 
 their regular participation in the implementation of those 
 programs, and provide technical and other support needed to 
 enable the poor and neighborhood groups to secure on their own 
 behalf available assistance from public and private sources; 

    (e) Join with and encourage business, labor and other 
 private groups and organizations to undertake, together with 
 public officials and agencies, activities in support of the 
 community action program which will result in the additional use 
 of private resources and capabilities, with a view to developing 
 new employment opportunities, stimulating investment that will 
 have a measurable impact on reducing poverty among residents of 
 areas of concentrated poverty, and providing methods by which 
 residents of those areas can work with private groups, firms, 
 and institutions in seeking solutions to problems of common 
 concern.  

    Community action agencies, migrant and seasonal farmworker 
 organizations, and the Indian reservations, may enter into 
 cooperative purchasing agreements and self-insurance programs 
 with local units of government.  Nothing in this section expands 
 or limits the current private or public nature of a local 
 community action agency. 

    (f) Adopt policies that require the agencies to refer area 
 residents and community action program constituents to education 
 programs that increase literacy, improve parenting skills, and 
 address the needs of children from families in poverty.  These 
 programs include, but are not limited to, early childhood family 
 education programs, adult basic education programs, and other 
 lifelong learning opportunities.  The agencies and agency 
 programs, including Head Start, shall collaborate with child 
 care and other early childhood education programs to ensure 
 smooth transitions to work for parents. 

    Subd. 7.    Agencies as local providers.  Agencies 
 defined by this section shall be considered among local 
 providers of outreach services and activities for all 
 antipoverty efforts.  

    Subd. 8.    Categorical funds.  Federal antipoverty 
 categorical funds consolidated into block grants to the state of 
 Minnesota shall be designated by the state for antipoverty 
 purposes.  

    HIST: 1981 c 367 s 3; 1982 c 571 s 4-8; 1985 c 282 s 3; 1986 c 
 411 s 1,2; 1987 c 403 art 2 s 133; 1994 c 632 art 4 s 65; 
 1Sp1995 c 3 art 16 s 13; 1997 c 162 art 2 s 25; 1Sp1998 c 1 art 
 1 s 3 

     119A.376 Community action programs. 

    Subdivision 1.    In general.  A community action 
 program is a community based and operated program which:  

    (a) Includes or is designed to include a sufficient number 
 of projects or components to provide, in sum, a range of 
 services and activities having a measurable and potentially 
 major impact on causes of poverty in the community or those 
 areas of the community where poverty is a particularly acute 
 problem; 

    (b) Has been developed, and which organizes and combines 
 its component projects and activities, in a manner appropriate 
 to carry out all the purposes of sections 119A.374 to 119A.376; 
 and 

    (c) Conforms to any other supplementary criteria as the 
 governor may prescribe consistent with the purposes and 
 provisions of sections 119A.374 to 119A.376.  

    Subd. 2.    Components.  The components of a community 
 action program shall be designed to assist participants, 
 including homeless individuals and families, migrant and 
 seasonal farmworkers, and the elderly poor to achieve increased 
 self-sufficiency and greater participation in the affairs of the 
 community by providing services and programs not sufficiently 
 provided in the community by any governmental unit, any public 
 institution, or any other publicly funded agency or 
 corporation.  Community action agencies, governmental units, 
 public institutions or other publicly funded agencies or 
 corporations shall consult on whether or not a program or 
 service is sufficiently provided in the community. 

    Subd. 3.    Administration.  Components of a community 
 action program may be administered by the community action 
 agency when consistent with sound and efficient management and 
 applicable law, or by other agencies.  They may be projects 
 eligible for assistance under section 119A.374, or projects 
 assisted from other public or private sources; and they may be 
 either specially designed to meet local needs, or designed 
 pursuant to the eligibility standards of a state or federal 
 program providing assistance to a particular kind of activity 
 which will help in meeting those needs. 

    Subd. 4.    Data classification.  Data collected on 
 individuals from which the identity of any individual receiving 
 services may be determined are private data on individuals as 
 defined in section 13.02.  

    HIST: 1981 c 367 s 4; 1982 c 571 s 9; 1Sp1995 c 3 art 16 s 13; 
 1Sp1998 c 1 art 1 s 4; 2000 c 468 s 21 

     119A.40 Oil overcharge money for energy conservation. 

    The oil overcharge money that is not otherwise appropriated 
 by law or dedicated by court order is appropriated to the 
 commissioner for energy conservation projects that directly 
 serve low-income Minnesotans.  This appropriation is available 
 until spent. 

    HIST: 1998 c 273 s 3 

     119A.41 Coordination of federal and state residential 
  weatherization programs. 

    Subdivision 1.    Agency designation.  The department is 
 the state agency to apply for, receive, and disburse money made 
 available to the state by federal law for the purpose of 
 weatherizing the residences of low-income persons.  The 
 commissioner must coordinate available federal money with state 
 money appropriated for this purpose. 

    Subd. 2.    Grants.  The commissioner must make grants 
 of federal and state money to community action agencies and 
 other public or private nonprofit agencies for the purpose of 
 weatherizing the residences of low-income persons.  Grant 
 applications must be submitted in accordance with rules 
 promulgated by the commissioner. 

    Subd. 3.    Benefits of weatherization.  In the case of 
 any grant made to an owner of a rental dwelling unit for 
 weatherization, the commissioner must require that (1) the 
 benefits of weatherization assistance in connection with the 
 dwelling unit accrue primarily to the low-income family that 
 resides in the unit; (2) the rents on the dwelling unit will not 
 be raised because of any increase in value due solely to the 
 weatherization assistance; and (3) no undue or excessive 
 enhancement will occur to the value of the dwelling unit. 

    Subd. 4.    Rules.  The commissioner must promulgate 
 rules that describe procedures for the administration of grants, 
 data to be reported by grant recipients, and compliance with 
 relevant federal regulations.  The commissioner must require 
 that a rental unit weatherized under this section be rented to a 
 household meeting the income limits of the program for 24 of the 
 36 months after weatherization is complete.  In applying this 
 restriction to multiunit buildings weatherized under this 
 section, the commissioner must require that occupancy continue 
 to reflect the proportion of eligible households in the building 
 at the time of weatherization.  

    Subd. 5.    Grant allocation.  The commissioner must 
 distribute supplementary state grants in a manner consistent 
 with the goal of producing the maximum number of weatherized 
 units.  Supplementary state grants are provided primarily for 
 the payment of additional labor costs for the federal 
 weatherization program, and as an incentive for the increased 
 production of weatherized units. 

    Criteria for the allocation of state grants to local 
 agencies include existing local agency production levels, 
 emergency needs, and the potential for maintaining or increasing 
 acceptable levels of production in the area.  

    An eligible local agency may receive advance funding for 90 
 days' production, but thereafter must receive grants solely on 
 the basis of program criteria.  

    Subd. 6.    Eligibility criteria.  To the extent allowed 
 by federal regulations, the commissioner must ensure that the 
 same income eligibility criteria apply to both the 
 weatherization program and the energy assistance program. 

    HIST: 1998 c 273 s 4 

     119A.42 Emergency energy assistance; fuel funds. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Energy provider" means a person who provides heating 
 fuel, including natural gas, electricity, fuel oil, propane, 
 wood, or other form of heating fuel, to residences at retail. 

    (c) "Fuel fund" means a fund established by an energy 
 provider, the state, or any other entity that collects and 
 distributes money for low-income emergency energy assistance and 
 meets the minimum criteria, including income eligibility 
 criteria, for receiving money from the federal Low-Income Home 
 Energy Assistance Program and the program's Incentive Fund for 
 Leveraging Non-Federal Resources. 

    Subd. 2.    Energy providers; requirement.  Each energy 
 provider may solicit contributions from its energy customers for 
 deposit in a fuel fund established by the energy provider, a 
 fuel fund established by another energy provider or other 
 entity, or the statewide fuel account established in subdivision 
 3, for the purpose of providing emergency energy assistance to 
 low-income households that qualify under the federal eligibility 
 criteria of the federal Low-Income Home Energy Assistance 
 Program.  Solicitation of contributions from customers may be 
 made at least annually and may provide each customer an 
 opportunity to contribute as part of payment of bills for 
 provision of service or provide an alternate, convenient way for 
 customers to contribute. 

    Subd. 3.    Statewide fuel account; appropriation.  The 
 commissioner must establish a statewide fuel account.  The 
 commissioner may develop and implement a program to solicit 
 contributions, manage the receipts, and distribute emergency 
 energy assistance to low-income households, as defined in the 
 federal Low-Income Home Energy Assistance Program, on a 
 statewide basis.  All money remitted to the commissioner for 
 deposit in the statewide fuel account is appropriated to the 
 commissioner for the purpose of developing and implementing the 
 program.  No more than ten percent of the money received in the 
 first two years of the program may be used for the 
 administrative expenses of the commissioner to implement the 
 program and no more than five percent of the money received in 
 any subsequent year may be used for administration of the 
 program. 

    Subd. 4.    Emergency energy assistance advisory council. 
  The commissioner must appoint an advisory council to advise 
 the commissioner on implementation of this section.  At least 
 one-third of the advisory council must be composed of persons 
 from households that are eligible for emergency energy 
 assistance under the federal Low-Income Home Energy Assistance 
 Program.  The remaining two-thirds of the advisory council must 
 be composed of persons representing energy providers, customers, 
 local energy assistance providers, existing fuel fund delivery 
 agencies, and community action agencies.  Members of the 
 advisory council may receive expenses, but no other 
 compensation, as provided in section 15.059, subdivision 3.  
 Appointment and removal of members is governed by section 15.059.

    HIST: 1998 c 273 s 5 

     119A.425 Data privacy; energy programs. 

    Data on individuals collected, maintained, or created 
 because an individual applies for benefits or services provided 
 by the energy assistance and weatherization programs is private 
 data on individuals and must not be disseminated except pursuant 
 to section 13.05, subdivisions 3 and 4.  

    HIST: 1998 c 273 s 6 

     119A.43 Transitional housing programs. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Transitional housing" means housing designed for 
 independent living and provided to a homeless person or family 
 at a rental rate of at least 25 percent of the family income for 
 a period of up to 24 months.  If a transitional housing program 
 is associated with a licensed facility or shelter, it must be 
 located in a separate facility or a specified section of the 
 main facility where residents can be responsible for their own 
 meals and other daily needs.  

    (c) "Support services" means an assessment service that 
 identifies the needs of individuals for independent living and 
 arranges or provides for the appropriate educational, social, 
 legal, advocacy, child care, employment, financial, health care, 
 or information and referral services to meet these needs.  

    Subd. 2.    Establishment and administration.  A 
 transitional housing program is established to be administered 
 by the commissioner.  The commissioner may make grants to 
 eligible recipients or enter into agreements with community 
 action agencies or other public or private nonprofit agencies to 
 make grants to eligible recipients to initiate, maintain, or 
 expand programs to provide transitional housing and support 
 services for persons in need of transitional housing, which may 
 include up to six months of follow-up support services for 
 persons who complete transitional housing as they stabilize in 
 permanent housing.  The commissioner must ensure that money 
 appropriated to implement this section is distributed as soon as 
 practicable.  The commissioner may make grants directly to 
 eligible recipients. 

    Subd. 3.    Eligible recipients.  A housing and 
 redevelopment authority established under section 469.003 or a 
 community action agency recognized under section 119A.375 is 
 eligible for assistance under the program.  In addition, a 
 partnership, joint venture, corporation, or association that 
 meets the following requirements is also eligible:  

    (1) it is established for a purpose not involving pecuniary 
 gain to its members, partners, or shareholders; 

    (2) it does not pay dividends or other pecuniary 
 remuneration, directly or indirectly, to its members, partners, 
 or shareholders; and 

    (3) in the case of a private, nonprofit corporation, it is 
 established under and in compliance with chapter 317A.  

    Subd. 4.    Applications.  An eligible recipient may 
 apply to the commissioner, or to a nonprofit agency designated 
 by the commissioner, for a grant to initiate, maintain, or 
 expand a program providing transitional housing and support 
 services for persons in need of transitional housing.  The 
 application must include:  

    (1) a proposal for the provision of transitional housing 
 and support services, including program objectives, availability 
 of adequate funding, appropriateness of the proposed program for 
 the population to be served, and how the program will help 
 individuals to move into permanent housing; 

    (2) a proposed budget; 

    (3) a plan for collection of required data and the method 
 to be used for program evaluation; and 

    (4) evidence of the participation in the development of the 
 application of any agency or governmental body that will provide 
 essential services or assistance to the program. 

    Subd. 5.    Criteria for grant awards.  Criteria for the 
 award of grants must include:  

    (1) evidence that the application meets all program 
 requirements; 

    (2) evidence of the need of the applicant for state 
 assistance and of the need for the particular program; 

    (3) indication of long-range plans for future funding if 
 the need continues to exist for the service; and 

    (4) assurance that grants are awarded to as wide a variety 
 of programs as possible, with emphasis on programs that 
 concentrate on long-term solutions to individual housing 
 problems.  

    Subd. 6.    Programs designated.  At least two programs 
 funded must be located in the seven-county metropolitan area and 
 at least one program must be located outside of the metropolitan 
 area.  The commissioner may fund programs designed primarily to 
 serve families with children, single persons, and persons 
 leaving a shelter for family abuse. 

    Subd. 7.    Funding coordination.  Grant recipients must 
 combine funds awarded under this section with other funds from 
 public and private sources.  

    Subd. 8.    Program information.  In order to collect 
 uniform data to better measure the nature and extent of the need 
 for transitional housing, grant recipients must collect and make 
 available to the commissioner the following information:  

    (1) the number of requests received for transitional 
 housing, including the number of persons requiring assistance; 

    (2) the number of persons for whom services are provided, 
 listed by age; 

    (3) reasons for seeking assistance; 

    (4) length of stay; 

    (5) reasons for leaving the housing program; 

    (6) demand for support services; 

    (7) follow-up information on status of persons assisted, 
 including source of income and whether living independently, 
 employed, or in treatment, unless the information is not 
 available; and 

    (8) source of income on entering the program, prior 
 residence, race, and sex of persons assisted. 

    Subd. 9.    Private data.  Personal history information 
 and other information collected, used, or maintained by a grant 
 recipient from which the identity of any individual receiving 
 services may be determined is private data on individuals, as 
 defined in section 13.02, subdivision 12, and the grant 
 recipient must maintain the data in accordance with the 
 provisions of chapter 13.  

    Subd. 10.    Licensing requirements not applicable.  The 
 requirements of sections 245A.01 to 245A.16 do not apply to 
 transitional housing and support services funded under this 
 section unless the commissioner of human services determines 
 that the program is primarily a residential program within the 
 meaning of section 245A.02, subdivision 14.  

    Subd. 11.    Authority to waive requirements during 
 disaster periods.  The commissioner may waive requirements 
 under this section for up to nine months after the disaster for 
 grantees in areas where a federal disaster has been declared 
 under United States Code, title 42, section 5121, et seq., or 
 the governor has exercised authority under chapter 12.  The 
 commissioner shall notify the chairs of the senate family and 
 early childhood education budget division, the senate education 
 finance committee, the house family and early childhood 
 education finance division, the house education committee, and 
 the house ways and means committee ten days before the effective 
 date of any waiver granted under this section. 

    HIST: 1984 c 640 s 32; 1984 c 654 art 5 s 42,58; 1Sp1985 c 13 
 s 301-305; 1Sp1985 c 14 art 9 s 75; 1987 c 291 s 204; 1989 c 47 
 s 1-6; 1989 c 209 art 2 s 1; 1989 c 304 s 137; 1991 c 199 art 2 
 s 18; 1994 c 483 s 1; 1995 c 14 s 1; 1Sp1995 c 3 art 16 s 13; 
 1997 c 200 art 4 s 2; 1998 c 273 s 7; 1998 c 383 s 34 

     119A.44 Foodshelf. 

    Subdivision 1.    Distribution of appropriation.  The 
 commissioner must distribute funds appropriated to the 
 commissioner by law for that purpose to Hunger Solutions, a 
 statewide association of foodshelves organized as a nonprofit 
 corporation as defined under section 501(c)(3) of the Internal 
 Revenue Code of 1986, to distribute to qualifying foodshelves.  
 A foodshelf qualifies under this section if:  

    (1) it is a nonprofit corporation, or is affiliated with a 
 nonprofit corporation, as defined in section 501(c)(3) of the 
 Internal Revenue Code of 1986; 

    (2) it distributes standard food orders without charge to 
 needy individuals.  The standard food order must consist of at 
 least a two-day supply or six pounds per person of nutritionally 
 balanced food items; 

    (3) it does not limit food distributions to individuals of 
 a particular religious affiliation, race, or other criteria 
 unrelated to need or to requirements necessary to administration 
 of a fair and orderly distribution system; 

    (4) it does not use the money received or the food 
 distribution program to foster or advance religious or political 
 views; and 

    (5) it has a stable address and directly serves individuals.

    Subd. 2.    Application.  In order to receive money 
 appropriated under this section, Hunger Solutions must apply to 
 the commissioner.  The application must be in a form prescribed 
 by the commissioner and must indicate the proportion of money 
 each qualifying foodshelf shall receive.  Applications must be 
 filed at the times and for the periods determined by the 
 commissioner.  

    Subd. 3.    Distribution formula.  Hunger Solutions must 
 distribute money distributed to it by the department to 
 foodshelf programs in proportion to the number of individuals 
 served by each foodshelf program.  The commissioner must gather 
 data from Hunger Solutions or other appropriate sources to 
 determine the proportionate amount each qualifying foodshelf 
 program is entitled to receive.  The commissioner may increase 
 or decrease the qualifying foodshelf program's proportionate 
 amount if the commissioner determines the increase or decrease 
 is necessary or appropriate to meet changing needs or demands. 

    Subd. 4.    Use of money.  At least 96 percent of the 
 money distributed to Hunger Solutions under this section must be 
 distributed to foodshelf programs to purchase, transport, and 
 coordinate the distribution of nutritious food to needy 
 individuals and families.  No more than four percent of the 
 money may be expended for other expenses, such as rent, 
 salaries, and other administrative expenses of Hunger Solutions. 

    Subd. 5.    Enforcement.  Hunger Solutions must retain 
 records documenting expenditure of the money and comply with any 
 additional requirements imposed by the commissioner.  The 
 commissioner may require Hunger Solutions to report on its use 
 of the funds.  The commissioner may require that the report 
 contain an independent audit.  If ineligible expenditures are 
 made by Hunger Solutions, the ineligible amount must be repaid 
 to the commissioner and deposited in the general fund. 

    Subd. 6.    Administrative expenses.  All funds 
 appropriated under this section must be distributed to Hunger 
 Solutions as provided under this section with deduction by the 
 commissioner for administrative expenses limited to 1.8 percent. 

    Subd. 7.    Data classification.  Data collected on 
 individuals from which the identity of any individual receiving 
 services may be determined are private data on individuals as 
 defined in section 13.02.  

    HIST: 1998 c 273 s 8; 2000 c 468 s 22; 1Sp2001 c 3 art 3 s 11 

     119A.45 Early childhood learning and child protection 
  facilities. 

    The commissioner may make grants to state agencies and 
 political subdivisions to construct or rehabilitate facilities 
 for early childhood programs, with priority to centers in 
 counties or municipalities with the highest percentage of 
 children living in poverty.  The commissioner may also make 
 grants to state agencies and political subdivisions to construct 
 or rehabilitate facilities for crisis nurseries or parenting 
 time centers.  The facilities must be owned by the state or a 
 political subdivision, but may be leased under section 16A.695 
 to organizations that operate the programs.  The commissioner 
 must prescribe the terms and conditions of the leases.  A grant 
 for an individual facility must not exceed $200,000 for each 
 program that is housed in the facility, up to a maximum of 
 $500,000 for a facility that houses three programs or more.  
 Programs include Head Start, early childhood and family 
 education programs, and other early childhood intervention 
 programs.  The commissioner must give priority to grants that 
 involve collaboration among sponsors of programs under this 
 section and may give priority to projects that collaborate with 
 child care providers, including all-day and school-age child 
 care programs, special needs care, sick child care, 
 nontraditional hour care, and programs that include services to 
 refugee and immigrant families.  The commissioner may give 
 priority to grants for programs that will increase their child 
 care workers' wages as a result of the grant.  At least 25 
 percent of the amounts appropriated for these grants up to 
 $50,000 must utilize youthbuild under sections 268.361 to 
 268.366 or other youth employment and training programs for the 
 labor portion of the construction.  Eligible programs must 
 consult with appropriate labor organizations to deliver 
 education and training.  State appropriations must be matched on 
 a 50 percent basis with nonstate funds.  The matching 
 requirement must apply programwide and not to individual grants. 

    HIST: 1998 c 273 s 9; 1999 c 86 art 1 s 29; 1999 c 205 art 1 s 
 2; 2000 c 444 art 2 s 3; 2000 c 492 art 1 s 47 

     119A.46 Lead abatement program. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 section 144.9501 and in this subdivision apply to this section. 

    (b) "Eligible organization" means a lead contractor, city, 
 board of health, community health department, community action 
 agency as defined in section 119A.374, or community development 
 corporation. 

    (c) "Commissioner" means the commissioner of children, 
 families, and learning, or the commissioner of the Minnesota 
 housing finance agency as authorized by section 462A.05, 
 subdivision 15c. 

    Subd. 2.    Grants; administration.  Within the limits 
 of the available appropriation, the commissioner must develop a 
 swab team services program which may make demonstration and 
 training grants to eligible organizations to train workers to 
 provide swab team services and swab team services for 
 residential property.  Grants may be awarded to nonprofit 
 organizations to provide technical assistance and training to 
 ensure quality and consistency within the statewide program.  
 Grants must be awarded to help ensure full-time employment to 
 workers providing swab team services and must be awarded for a 
 two-year period. 

    Grants awarded under this section must be made in 
 consultation with the commissioners of the department of health 
 and the housing finance agency, and representatives of 
 neighborhood groups from areas at high risk for toxic lead 
 exposure, a labor organization, the lead coalition, community 
 action agencies, and the legal aid society.  The consulting team 
 must review grant applications and recommend awards to eligible 
 organizations that meet requirements for receiving a grant under 
 this section. 

    Subd. 3.    Applicants.  (a) Interested eligible 
 organizations may apply to the commissioner for grants under 
 this section.  Two or more eligible organizations may jointly 
 apply for a grant.  Priority shall be given to community action 
 agencies in greater Minnesota and to either community action 
 agencies or neighborhood based nonprofit organizations in cities 
 of the first class.  Of the total annual appropriation, 12.5 
 percent may be used for administrative purposes.  The 
 commissioner may deviate from this percentage if a grantee can 
 justify the need for a larger administrative allowance.  Of this 
 amount, up to five percent may be used by the commissioner for 
 state administrative purposes.  Applications must provide 
 information requested by the commissioner, including at least 
 the information required to assess the factors listed in 
 paragraph (d).  

    (b) The commissioner must coordinate with the commissioner 
 of health who must consult with boards of health to provide swab 
 team services for purposes of secondary prevention.  The 
 priority for swab teams created by grants to eligible 
 organizations under this section must be work assigned by the 
 commissioner of health, or by a board of health if so designated 
 by the commissioner of health, to provide secondary prevention 
 swab team services to fulfill the requirements of section 
 144.9504, subdivision 6, in response to a lead order.  Swab 
 teams assigned work under this section by the commissioner, that 
 are not engaged daily in fulfilling the requirements of section 
 144.9504, subdivision 6, must deliver swab team services in 
 response to elevated blood lead levels as defined in section 
 144.9501, subdivision 9, where lead orders were not issued, and 
 for purposes of primary prevention in census tracts known to be 
 in areas at high risk for toxic lead exposure as described in 
 section 144.9503, subdivision 2. 

    (c) Any additional money must be used for grants to 
 establish swab teams for primary prevention under section 
 144.9503, in census tracts in areas at high risk for toxic lead 
 exposure as determined under section 144.9503, subdivision 2.  

    (d) In evaluating grant applications, the commissioner must 
 consider the following criteria: 

    (1) the use of lead contractors and lead workers for 
 residential swab team services; 

    (2) the participation of neighborhood groups and 
 individuals, as swab team workers, in areas at high risk for 
 toxic lead exposure; 

    (3) plans for the provision of swab team services for 
 primary and secondary prevention as required under subdivision 
 4; 

    (4) plans for supervision, training, career development, 
 and postprogram placement of swab team members; 

    (5) plans for resident and property owner education on lead 
 safety; 

    (6) plans for distributing cleaning supplies to area 
 residents and educating residents and property owners on 
 cleaning techniques; 

    (7) sources of other funding and cost estimates for 
 training, lead inspections, swab team services, equipment, 
 monitoring, testing, and administration; 

    (8) measures of program effectiveness; 

    (9) coordination of program activities with other federal, 
 state, and local public health, job training, apprenticeship, 
 and housing renovation programs including programs under 
 sections 268.86 to 268.881; and 

    (10) prior experience in providing swab team services. 

    Subd. 4.    Lead supervisor or certified firm.  (a) 
 Eligible organizations and lead supervisors or certified firms 
 may participate in the swab team program.  An eligible 
 organization receiving a grant under this section must assure 
 that all participating lead supervisors or certified firms are 
 licensed and that all swab team workers are certified by the 
 department of health under section 144.9505.  Eligible 
 organizations and lead supervisors or certified firms may 
 distinguish between interior and exterior services in assigning 
 duties and may participate in the program by: 

    (1) providing on-the-job training for swab team workers; 

    (2) providing swab team services to meet the requirements 
 of sections 144.9503, subdivision 4, and 144.9504, subdivision 
 6; 

    (3) providing a removal and replacement component using 
 skilled craft workers under subdivision 7; 

    (4) providing lead testing according to subdivision 8; 

    (5) providing lead dust cleaning supplies, as described in 
 section 144.9507, subdivision 4, paragraph (c), to residents; or 

    (6) having a swab team worker instruct residents and 
 property owners on appropriate lead control techniques, 
 including the lead-safe directives developed by the commissioner 
 of health.  

    (b) Participating lead supervisors or certified firms must: 

    (1) demonstrate proof of workers' compensation and general 
 liability insurance coverage; 

    (2) be knowledgeable about lead abatement requirements 
 established by the Department of Housing and Urban Development 
 and the Occupational Safety and Health Administration and lead 
 hazard reduction requirements and lead-safe directives of the 
 commissioner of health; 

    (3) demonstrate experience with on-the-job training 
 programs; 

    (4) demonstrate an ability to recruit employees from areas 
 at high risk for toxic lead exposure; and 

    (5) demonstrate experience in working with low-income 
 clients. 

    Subd. 5.    Swab team workers.  Each worker engaged in 
 swab team services established under this section must have 
 blood lead concentrations below 15 micrograms of lead per 
 deciliter of whole blood as determined by a baseline blood lead 
 screening.  Any organization receiving a grant under this 
 section is responsible for lead screening and must assure that 
 all swab team workers meet the standards established in this 
 subdivision.  Grantees must use appropriate workplace procedures 
 including following the lead-safe directives developed by the 
 commissioner of health to reduce risk of elevated blood lead 
 levels.  Grantees and participating contractors must report all 
 employee blood lead levels that exceed 15 micrograms of lead per 
 deciliter of whole blood to the commissioner of health.  

    Subd. 6.    On-the-job training component.  (a) Programs 
 established under this section must provide on-the-job training 
 for swab team workers.  Training methods must follow procedures 
 established under section 144.9506.  

    (b) Swab team workers must receive monetary compensation 
 equal to the prevailing wage as defined in section 177.42, 
 subdivision 6, for comparable jobs in the licensed contractor's 
 principal business. 

    Subd. 7.    Removal and replacement component.  (a) 
 Within the limits of the available appropriation and if a need 
 is identified by a lead inspector, the commissioner may 
 establish a component for removal and replacement of 
 deteriorated paint in residential properties according to the 
 following criteria: 

    (1) components within a residence must have both 
 deteriorated lead-based paint and substrate damage beyond repair 
 or rotting wooden framework to be eligible for removal and 
 replacement; 

    (2) all removal and replacement must be done using 
 least-cost methods and following lead-safe directives; 

    (3) whenever windows and doors or other components covered 
 with deteriorated lead-based paint have sound substrate or are 
 not rotting, those components should be repaired, sent out for 
 stripping, planed down to remove deteriorated lead-based paint, 
 or covered with protective guards instead of being replaced, 
 provided that such an activity is the least-cost method of 
 providing the swab team service; 

    (4) removal and replacement or repair must be done by lead 
 contractors using skilled craft workers or trained swab team 
 members; and 

    (5) all craft work that requires a state license must be 
 supervised by a person with a state license in the craft work 
 being supervised.  The grant recipient may contract for this 
 supervision. 

    (b) The program design must: 

    (1) identify the need for on-the-job training of swab team 
 workers to be removal and replacement workers; and 

    (2) describe plans to involve appropriate groups in 
 designing methods to meet the need for training swab team 
 workers. 

    Subd. 8.    Testing and evaluation.  (a) Testing of the 
 environment is not necessary by swab teams whose work is 
 assigned by the commissioner of health or a designated board of 
 health under section 144.9504.  The commissioner of health or 
 designated board of health must share the analytical testing 
 data collected on each residence for purposes of secondary 
 prevention under section 144.9504 with the swab team workers in 
 order to provide constructive feedback on their work and to the 
 commissioner for the purposes set forth in paragraph (c). 

    (b) For purposes of primary prevention evaluation, the 
 following samples must be collected:  pretesting and posttesting 
 of one noncarpeted floor dust lead sample and a notation of the 
 extent and location of bare soil and of deteriorated lead-based 
 paint.  The analytical testing data collected on each residence 
 for purposes of primary prevention under section 144.9503 must 
 be shared with the swab team workers in order to provide 
 constructive feedback on their work and to the commissioner for 
 the purposes set forth in paragraph (c). 

    (c) The commissioner of health must establish a program in 
 cooperation with the commissioner to collect appropriate data as 
 required under paragraphs (a) and (b), in order to conduct an 
 ongoing evaluation of swab team services for primary and 
 secondary prevention.  Within the limits of available 
 appropriations, the commissioner of health must conduct or 
 contract with the commissioner, on up to 1,000 residences which 
 have received primary or secondary prevention swab team 
 services, a postremediation evaluation, on at least a quarterly 
 basis for a period of at least two years for each residence.  
 The evaluation must note the condition of the paint within the 
 residence, the extent of bare soil on the grounds, and collect 
 and analyze one noncarpeted floor dust lead sample.  The data 
 collected must be evaluated to determine the efficacy of 
 providing swab team services as a method of reducing lead 
 exposure in young children.  In evaluating this data, the 
 commissioner of health must consider city size, community 
 location, historic traffic flow, soil lead level of the property 
 by area or census tract, distance to industrial point sources 
 that emit lead, season of the year, age of the housing, age and 
 number of children living at the residence, the presence of pets 
 that move in and out of the residence, and other relevant 
 factors as the commissioner of health may determine.  This 
 evaluation of the swab team program may be paid from amounts 
 appropriated to the department of economic security for 
 providing swab team services. 

    Subd. 9.    Program benefits.  As a condition of 
 providing swab team services under this section, an organization 
 may require a property owner to not increase rents on a property 
 solely as a result of a substantial improvement made with public 
 funds under the programs in this section. 

    Subd. 10.    Requirements of organizations receiving 
 grants.  An eligible organization that is awarded a training 
 and demonstration grant under this section must prepare and 
 submit a quarterly progress report to the commissioner beginning 
 three months after receipt of the grant. 

    HIST: 1Sp1995 c 3 art 16 s 13; 1998 c 273 s 10; 1999 c 86 art 
 1 s 30; 2001 c 79 s 1 

     119A.50 Head Start program. 

    Subdivision 1.    Department of children, families, and 
 learning.  The department of children, families, and learning 
 is the state agency responsible for administering the Head Start 
 program.  The commissioner of children, families, and learning 
 may make grants to public or private nonprofit agencies for the 
 purpose of providing supplemental funds for the federal Head 
 Start program. 

    Subd. 2.    Data classification.  Data collected on 
 individuals from which the identity of any individual receiving 
 services may be determined are private data on individuals as 
 defined in section 13.02.  

    HIST: 1989 c 282 art 2 s 171; 1994 c 483 s 1; 1Sp1995 c 3 art 
 16 s 13; 1997 c 162 art 1 s 8; 2000 c 468 s 23 

     119A.51 Definitions. 

    Subdivision 1.    Scope.  As used in sections 119A.52 
 and 119A.53, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Program account 20.  "Program account 20" 
 means the federally designated and funded account for training 
 and technical assistance activities. 

    Subd. 3.    Program account 22.  "Program account 22" 
 means the federally designated and funded account for basic 
 services. 

    Subd. 4.    Program account 25.  "Program account 25" 
 means the federally designated and funded account for parent 
 child centers. 

    Subd. 5.    Start-up costs.  "Start-up costs" means 
 one-time costs incurred in expanding services to additional 
 children. 

    HIST: 1989 c 282 art 2 s 172; 1Sp1995 c 3 art 16 s 13; 1997 c 
 162 art 1 s 9,10; 1999 c 86 art 1 s 31 

     119A.52 Distribution of appropriation. 

    (a) The commissioner of children, families, and learning 
 must distribute money appropriated for that purpose to Head 
 Start program grantees to expand services and to serve 
 additional low-income children.  Money must be allocated to each 
 project Head Start grantee in existence on the effective date of 
 Laws 1989, chapter 282.  Migrant and Indian reservation grantees 
 must be initially allocated money based on the grantees' share 
 of federal funds.  The remaining money must be initially 
 allocated to the remaining local agencies based equally on the 
 agencies' share of federal funds and on the proportion of 
 eligible children in the agencies' service area who are not 
 currently being served.  A Head Start grantee must be funded at 
 a per child rate equal to its contracted, federally funded base 
 level for program accounts 20, 22, and 25 at the start of the 
 fiscal year.  In allocating funds under this paragraph, the 
 commissioner of children, families, and learning must assure 
 that each Head Start grantee is allocated no less funding in any 
 fiscal year than was allocated to that grantee in fiscal year 
 1993.  The commissioner may provide additional funding to 
 grantees for start-up costs incurred by grantees due to the 
 increased number of children to be served.  Before paying money 
 to the grantees, the commissioner must notify each grantee of 
 its initial allocation, how the money must be used, and the 
 number of low-income children that must be served with the 
 allocation.  Each grantee must notify the commissioner of the 
 number of low-income children it will be able to serve.  For any 
 grantee that cannot utilize its full allocation, the 
 commissioner must reduce the allocation proportionately.  Money 
 available after the initial allocations are reduced must be 
 redistributed to eligible grantees. 

    (b) Up to 11 percent of the funds appropriated annually may 
 be used to provide grants to local Head Start agencies to 
 provide funds for innovative programs designed either to target 
 Head Start resources to particular at-risk groups of children or 
 to provide services in addition to those currently allowable 
 under federal Head Start regulations.  The commissioner must 
 award funds for innovative programs under this paragraph on a 
 competitive basis. 

    HIST: 1989 c 282 art 2 s 173; 1991 c 292 art 3 s 34; 1993 c 
 369 s 89; 1994 c 483 s 1; 1Sp1995 c 3 art 16 s 13; 1997 c 162 
 art 1 s 11 

     119A.53 Federal requirements. 

    Grantees and the commissioner of children, families, and 
 learning shall comply with federal regulations governing the 
 federal head start program, except for innovative programs 
 funded under section 119A.52, paragraph (b), which may operate 
 differently than federal head start regulations, and except that 
 when a state statute or regulation conflicts with a federal 
 statute or regulation, the state statute or regulation prevails. 

    HIST: 1989 c 282 art 2 s 174; 1Sp1995 c 3 art 16 s 13 

  119A.54 Repealed, 1999 c 86 art 1 s 83