2002 Minnesota Statutes

CHAPTER 402. Human services

     402.01 Agreement under this chapter. 

    Subdivision 1.    For human services board; 1 or more 
 counties.  One or more contiguous counties situated within the 
 boundaries of the same region designated pursuant to sections 
 462.381 to 462.396 or section 473.121, subdivision 2, may, by 
 resolution of their county boards of commissioners, designate a 
 human services board having the composition, powers, and duties 
 provided in sections 402.01 to 402.10. 

    Subd. 2.    Withdrawal; notice.  Any agreement pursuant 
 to subdivision 1 shall be governed by sections 402.01 to 402.10 
 and section 471.59 provided that a county board may withdraw 
 from the agreement only after one year's notice to all other 
 counties party to the agreement which notice shall be delivered 
 on or before the last day of the current fiscal year. 

    Subd. 3.    Temporary board.  Counties may designate a 
 temporary human services board by sending written notification 
 to each affected state agency stating the intent to organize and 
 develop a human services board.  After the notification, the 
 county board or county boards may act under the provisions of 
 this chapter for a period not to exceed one year from the date 
 of the notification. 

    HIST: 1973 c 716 s 1; 1976 c 149 s 62 subd 7; 1976 c 340 s 1; 
 1977 c 411 s 6,9; 1979 c 118 s 1; 1980 c 509 s 152; 1996 c 305 
 art 1 s 97 

     402.02 Local boards; composition; powers; funding. 

    Subdivision 1.    Members.  Human services boards shall 
 be composed as follows: 

    (a) not less than one county commissioner from each county 
 party to the agreement, the commissioner or commissioners to be 
 selected by the county board of the participating county; and 

    (b) optional citizen members who in number shall not 
 comprise more than one-third of the membership of the human 
 services board, one of whom shall be the chair of the human 
 services advisory committee, appointed in a manner determined by 
 the county boards which are party to the agreement. 

    Board members shall serve for terms of three years, so 
 arranged that as nearly as practicable, the terms of one-third 
 of the members shall expire each year.  Vacancies shall be 
 filled in the same manner as original appointments. 

    Subd. 1a.    Commissioners as board.  If a single county 
 forms a human services board, the county board of commissioners 
 may assume the powers and duties of a human services board.  

    Subd. 2.    Powers and duties.  Notwithstanding the 
 population requirements of sections 145A.09 to 145A.13 and 
 245.61 to 245.69 and chapter 401, a human services board shall 
 possess all the powers and duties now assigned by law to: 

    (a) manage the public resources devoted to human services 
 delivered or purchased by the counties, which are subsidized or 
 regulated by the departments of corrections, health, and human 
 services; 

    (b) employ staff to carry out the purposes of sections 
 402.01 to 402.10; 

    (c) deliver services directly or through contract with 
 other governmental or nongovernmental providers; 

    (d) plan for the delivery of human services, which shall 
 include corrections services, public health services, public 
 assistance, mental retardation services, social services, mental 
 health services, and others of similar classification; 

    (e) receive and expend funds for the purposes of sections 
 402.01 to 402.10; 

    (f) rent, purchase, sell, or otherwise dispose of real and 
 personal property and equipment; and 

    (g) county health boards, local social services agencies, 
 and mental health boards. 

    Subd. 3.    Finances.  The county boards of 
 commissioners, party to the agreement, shall determine the 
 proportional financial responsibility of each county to support 
 the programs and services of the board.  The agreement may 
 provide for payments by each county based upon use by residents 
 of the county of a particular program or service provided, or by 
 other arrangements as determined pursuant to the agreement.  
 Each county shall be subject to applicable requirements of law 
 concerning funding, and to existing limitations upon the 
 authority to levy taxes, for any particular program or service. 

    Subd. 4.    State approved plan.  The departments of 
 corrections, health, and human services shall provide funds from 
 any grant or subsidy program or other authorized source to the 
 human services board, based upon an approved plan.  The grant or 
 subsidy shall represent all money for human services which each 
 agency commits to programs within counties comprising the human 
 services board. 

    HIST: 1973 c 716 s 2; 1974 c 234 s 1; 1976 c 149 s 62 subd 7; 
 1977 c 281 s 4; 1977 c 411 s 1,2,9; 1979 c 118 s 2; 1984 c 654 
 art 5 s 58; 1986 c 444; 1987 c 139 s 1; 1987 c 309 s 26; 1994 c 
 631 s 31 

     402.03 Advisory committee. 

    Each human services board shall appoint an advisory 
 committee, which shall actively participate in the formulation 
 of the plan for the development, implementation and operation of 
 the programs and services by the board, and shall make a formal 
 recommendation to the board at least annually concerning the 
 annual budget of the board and the implementation of the plan 
 during the ensuing year. 

    Membership on the advisory committee shall consist of no 
 more than 25 persons serving two year terms not to exceed three 
 consecutive terms.  Up to one-half of the terms of the initial 
 advisory committee may be for one year; upon their expiration 
 all terms shall be for two years.  The chair shall be appointed 
 by the human services board and may not be a member of a county 
 board. 

    One-third of the members of the advisory committee shall be 
 representatives of those persons receiving services provided by 
 the human services board.  Up to one-third may be providers or 
 employees of providers of services and must include 
 representatives of private providers if such providers exist in 
 the county or counties party to the agreement.  At least one 
 member shall be a member of the corrections advisory board 
 established pursuant to section 401.08, if any.  The remaining 
 members shall represent the citizens of the counties. 

    The advisory committee shall appoint permanent task forces 
 to assist in planning for corrections, social, mental health and 
 public health services. 

    Task force membership shall be constituted to fulfill state 
 agency requirements for receiving categorical funds.  Where 
 appropriately constituted, these task forces may, at the option 
 of the human services boards, replace those advisory bodies 
 required by statute and rule to advise local social services 
 agencies and other county and area boards.  Individuals not 
 members of the advisory committee may be appointed to the task 
 forces; provided, however, that each task force shall be chaired 
 by a member of the advisory committee. 

    The human services board shall provide staff assistance to 
 the advisory committee. 

    HIST: 1973 c 716 s 3; 1974 c 234 s 2; 1976 c 149 s 62 subd 7; 
 1977 c 411 s 3; 1979 c 118 s 3; 1985 c 248 s 70; 1986 c 444; 
 1989 c 209 art 2 s 1; 1994 c 631 s 31; 2001 c 161 s 53 

     402.04 State may delegate to local board if standards 
  kept. 

    Subdivision 1.    Delegation by state.  The commissioners of 
 corrections, health, and 
 human services may, without reference to the provisions of 
 chapter 14, delegate any duty, authority, or responsibility 
 vested in their respective departments relative to any program 
 or service presently provided by the state, to any human 
 services board which has in effect an approved plan for the 
 affected program or service.  The authority granted under this 
 section shall include the authority to transfer to a human 
 services board that portion of any unexpended appropriation 
 which represents a saving to the department concerned by virtue 
 of the assumption by the board of the duty, authority, or 
 responsibility so delegated.  No state employee shall be 
 involuntarily terminated from employment by any action under 
 this section. 

    Subd. 2.    If standards maintained.  The delegation of 
 any duty, authority, or responsibility, and transfer of funds 
 therewith, shall be subject to the maintenance by the human 
 services board of applicable standards prescribed by the 
 respective department, pursuant to the provisions of subdivision 
 1. Upon failure to maintain the prescribed standards, any 
 delegated function and unexpended funds shall revert to the 
 department concerned according to procedures established by it. 

    Subd. 3.    Report to money committees.  The exercise of 
 any transfer of function or funds pursuant to subdivisions 1 and 
 2 shall be immediately reported to the committees on 
 appropriations of the house of representatives and finance of 
 the senate. 

    HIST: 1973 c 716 s 4; 1976 c 149 s 62 subd 7; 1977 c 305 s 45; 
 1977 c 411 s 4,9; 1979 c 118 s 4; 1982 c 424 s 130; 1984 c 654 
 art 5 s 58 

     402.045 Function of commissioner of human services. 

    The commissioner of human services has authority for human 
 services development.  The commissioner may appoint professional 
 and clerical staff as the commissioner deems necessary.  The 
 commissioner shall: 

    (1) support the development of human services boards and 
 provide technical assistance to the boards; 

    (2) disburse and monitor grants as may be available to 
 assist human services board development; 

    (3) receive and coordinate the review of annual human 
 services board plans; 

    (4) cooperate with other state agencies in assisting local 
 human services integration projects; and 

    (5) maintain a file on reports, policies, and documents 
 pertaining to human services boards. 

    HIST: 1977 c 411 s 11; 1979 c 118 s 5; 1981 c 356 s 218; 1983 
 c 289 s 115 subd 1; 1986 c 444; 1987 c 186 s 15; 1991 c 345 art 
 2 s 56 

  402.046 Repealed, 1979 c 118 s 12 

     402.05 Employees. 

    Subdivision 1.    Continuity; personnel administration.  
 All persons employed by a county, whose functions are assumed by 
 a human services board, shall continue as employees of the board 
 without loss in seniority or benefits.  Personnel administration 
 for the employees shall be in compliance with the federal 
 standard for a merit system of personnel administration. 

    Subd. 1a.    Director.  Each human services board shall 
 appoint a director, who shall serve at the pleasure of the human 
 services board.  The director shall by training and experience 
 demonstrate management and administrative skills.  

    Subd. 2. Repealed, 1979 c 118 s 12 

    Subd. 3.    Per diem, expenses.  Each member of the 
 human services board may receive a per diem and be reimbursed 
 expenses in the performance of official duties. 

    HIST: 1973 c 716 s 5; 1974 c 234 s 3; 1976 c 149 s 62 subd 7; 
 1977 c 411 s 5; 1979 c 118 s 6; 1984 c 654 art 5 s 58; 1987 c 
 139 s 2 

     402.06 Implementation. 

    Subdivision 1.    Plan deadline; state assistance.  Each 
 state agency affected by action taken pursuant to section 
 402.01, shall assign personnel to assist the board in preparing 
 its organization and initial plan.  Within one year of its 
 creation, each human services board shall present its initial 
 plan and budget to affected state agencies.  

    Subd. 2.    Copies of agreements.  After the initial 
 planning period and upon the designation of a human services 
 board, the board shall transmit copies of the agreement 
 documents to each affected state agency, the regional 
 development commission and the governor. 

    Subd. 3.    One-year transition.  Not later than 365 
 days after approval of the initial human services board plan and 
 budget by affected state agencies any county board, committee or 
 commission having authorities or duties in the areas designated 
 in section 402.02, subdivision 2, shall cease its operation and 
 no per diem or reimbursement of expenses shall be paid to any 
 member of the board, committee or commission.  

    HIST: 1973 c 716 s 6; 1974 c 234 s 4; 1976 c 149 s 62 subd 7; 
 1977 c 411 s 7; 1979 c 118 s 7 

     402.062 Plans. 

    Subdivision 1.    Biennial plan; budget.  The human 
 services board, with the assistance of the advisory committee 
 established in section 402.03, shall prepare a biennial plan and 
 budget for the development, implementation, coordination, and 
 operation of services delivered or funded by the human services 
 board.  Each affected state agency shall accept the plan of the 
 human services board in lieu of separate plan requirements for 
 individual programs.  

    Subd. 2.    Participation.  Prior to adoption of the 
 plan by the human services board, the board shall show evidence 
 of participation by the public and private service providers in 
 the development of the plan and shall encourage their comments 
 regarding the use of governmental and nongovernmental service 
 providers.  

    Subd. 3.    Agency review; action.  Each affected state 
 agency shall review the plan and shall approve or reject it 
 based on the rules in effect for the programs under its 
 jurisdiction.  Notice of approval or rejection shall be 
 delivered to the board in writing within 60 days of plan 
 submission.  

    HIST: 1979 c 118 s 8; 1981 c 356 s 219; 1983 c 289 s 115 subd 
 1; 1984 c 654 art 5 s 58; 1987 c 139 s 3,4 

     402.065 Budget, levy; audit. 

    In conjunction with the county budget setting process, the 
 human services board shall submit to each county board of 
 commissioners participating in the human services board an 
 estimate of the amount needed by it to perform its duties, 
 including expenses of administration, and, if approved, each 
 county shall levy a tax as provided by law for these purposes.  
 In the event the estimate is not approved, each county board of 
 commissioners participating in the human services board shall 
 confer with the human services board, develop a budget, and levy 
 a tax for the amount required.  The state auditor shall audit 
 the books and accounts of the human services board once each 
 year.  The human services board shall pay to the state the total 
 cost and expenses of the examination, including the salaries 
 paid to auditors while actually engaged in making the 
 examination.  The general fund shall be credited with all 
 collections made for any examination. 

    HIST: 1977 c 411 s 10; 1979 c 118 s 9; 1989 c 335 art 4 s 84 

     402.07 Termination. 

    The county boards party to an agreement to designate a 
 human services board may terminate the agreement and no longer 
 manage the public resources devoted to human services in their 
 counties but only on notice of an intention to terminate 
 delivered to the commissioners of human services, health, and 
 corrections not less than 90 days before the effective date of 
 the termination.  On the termination all public resources 
 devoted to human services shall be managed in accordance with 
 the provisions of law then in effect. 

    HIST: 1973 c 716 s 7; 1976 c 149 s 62 subd 7; 1977 c 305 s 45; 
 1977 c 411 s 9; 1979 c 118 s 10; 1984 c 654 art 5 s 58 

  402.08 Repealed, 1977 c 411 s 13 

  402.09 Repealed, 1977 c 411 s 13 

  402.095 Repealed, 1987 c 139 s 5 

     402.10 Citation.  

    Sections 402.01 to 402.10 may be cited as the Human 
 Services Act.  

    HIST: 1973 c 716 s 11