2004 Minnesota Statutes

CHAPTER 256M. Community service act

     256M.01 Citation. 

    Sections 256M.01 to 256M.80 may be cited as the "Children 
 and Community Services Act."  This act establishes a fund to 
 address the needs of children, adolescents, and adults within 
 each county in accordance with a service plan entered into by 
 the board of county commissioners of each county and the 
 commissioner.  The service plan shall specify the outcomes to be 
 achieved, the general strategies to be employed, and the 
 respective state and county roles.  The service plan shall be 
 reviewed and updated every two years, or sooner if both the 
 state and the county deem it necessary.  

    HIST: 1Sp2003 c 14 art 11 s 1 

     256M.10 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 256M.01 to 256M.80, the terms defined in this section have the 
 meanings given them. 

    Subd. 2.    Children and community services.  (a) 
 "Children and community services" means services provided or 
 arranged for by county boards for children, adolescents and 
 other individuals in transition from childhood to adulthood, and 
 adults who experience dependency, abuse, neglect, poverty, 
 disability, chronic health conditions, or other factors, 
 including ethnicity and race, that may result in poor outcomes 
 or disparities, as well as services for family members to 
 support those individuals. These services may be provided by 
 professionals or nonprofessionals, including the person's 
 natural supports in the community.  

    (b) Children and community services do not include services 
 under the public assistance programs known as the Minnesota 
 family investment program, Minnesota supplemental aid, medical 
 assistance, general assistance, general assistance medical care, 
 MinnesotaCare, or community health services. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of human services. 

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

    Subd. 5.    Former children's services and community 
 service grants.  "Former children's services and community 
 service grants" means allocations for the following grants: 

    (1) community social service grants under section 252.24 
 and Minnesota Statutes 2002, sections 256E.06 and 256E.14; 

    (2) family preservation grants under section 256F.05, 
 subdivision 3; 

    (3) concurrent permanency planning grants under section 
 260C.213, subdivision 5; 

    (4) social service block grants (Title XX) under Minnesota 
 Statutes 2002, section 256E.07; and 

    (5) children's mental health grants under Minnesota 
 Statutes 2002, section 245.4886 and section 260.152. 

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

    HIST: 1Sp2003 c 14 art 11 s 2,11 

     256M.20 Duties of commissioner of human services. 

    Subdivision 1.    General supervision.  Each year the 
 commissioner shall allocate funds to each county with an 
 approved service plan according to section 256M.40 and service 
 plans under section 256M.30.  The funds shall be used to address 
 the needs of children, adolescents, and adults.  The 
 commissioner, in consultation with counties, shall provide 
 technical assistance and evaluate county performance in 
 achieving outcomes. 

    Subd. 2.    Additional duties.  The commissioner shall: 

    (1) provide necessary information and assistance to each 
 county for establishing baselines and desired improvements on 
 mental health, safety, permanency, and well-being for children 
 and adolescents; 

    (2) provide training, technical assistance, and other 
 supports to each county board to assist in needs assessment, 
 planning, implementation, and monitoring of outcomes and service 
 quality; 

    (3) use data collection, evaluation of service outcomes, 
 and the review and approval of county service plans to supervise 
 county performance in the delivery of children and community 
 services; 

    (4) specify requirements for reports, including fiscal 
 reports to account for funds distributed; 

    (5) request waivers from federal programs as necessary to 
 implement this section; and 

    (6) have authority under sections 14.055 and 14.056 to 
 grant a variance to existing state rules as needed to eliminate 
 barriers to achieving desired outcomes. 

    Subd. 3.    Sanctions.  The commissioner shall establish 
 and maintain a monitoring program designed to reduce the 
 possibility of noncompliance with federal laws and federal 
 regulations that may result in federal fiscal sanctions.  If a 
 county is not complying with federal law or federal regulation 
 and the noncompliance may result in federal fiscal sanctions, 
 the commissioner may withhold a portion of the county's share of 
 state and federal funds for that program.  The amount withheld 
 must be equal to the percentage difference between the level of 
 compliance maintained by the county and the level of compliance 
 required by the federal regulations, multiplied by the county's 
 share of state and federal funds for the program.  The state and 
 federal funds may be withheld until the county is found to be in 
 compliance with all federal laws or federal regulations 
 applicable to the program.  If a county remains out of 
 compliance for more than six consecutive months, the 
 commissioner may reallocate the withheld funds to counties that 
 are in compliance with the federal regulations. 

    Subd. 4.    Corrective action procedure.  The 
 commissioner must comply with the following procedures when 
 reducing county funds under subdivision 3. 

    (a) The commissioner shall notify the county, by certified 
 mail, of the statute, rule, federal law, or federal regulation 
 with which the county has not complied. 

    (b) The commissioner shall give the county 30 days to 
 demonstrate to the commissioner that the county is in compliance 
 with the statute, rule, federal law, or federal regulation cited 
 in the notice or to develop a corrective action plan to address 
 the problem.  Upon request from the county, the commissioner 
 shall provide technical assistance to the county in developing a 
 corrective action plan.  The county shall have 30 days from the 
 date the technical assistance is provided to develop the 
 corrective action plan. 

    (c) The commissioner shall take no further action if the 
 county demonstrates compliance with the statute, rule, federal 
 law, or federal regulation cited in the notice. 

    (d) The commissioner shall review and approve or disapprove 
 the corrective action plan within 30 days after the commissioner 
 receives the corrective action plan. 

    (e) If the commissioner approves the corrective action plan 
 submitted by the county, the county has 90 days after the date 
 of approval to implement the corrective action plan. 

    (f) If the county fails to demonstrate compliance or fails 
 to implement the corrective action plan approved by the 
 commissioner, the commissioner may reduce the county's share of 
 state or federal funds according to subdivision 3. 

    HIST: 1Sp2003 c 14 art 11 s 3 

     256M.30 Service plan. 

    Subdivision 1.    Service plan submitted to commissioner. 
  Effective January 1, 2004, and each two-year period 
 thereafter, each county must have a biennial service plan 
 approved by the commissioner in order to receive funds.  
 Counties may submit multicounty or regional service plans. 

    Subd. 2.    Contents.  The service plan shall be 
 completed in a form prescribed by the commissioner.  The plan 
 must include: 

    (1) a statement of the needs of the children, adolescents, 
 and adults who experience the conditions defined in section 
 256M.10, subdivision 2, paragraph (a), and strengths and 
 resources available in the community to address those needs; 

    (2) strategies the county will pursue to achieve the 
 performance targets.  Strategies must include specification of 
 how funds under this section and other community resources will 
 be used to achieve desired performance targets; 

    (3) a description of the county's process to solicit public 
 input and a summary of that input; 

    (4) beginning with the service plans submitted for the 
 period from January 1, 2006, through December 21, 2007, 
 performance targets on statewide indicators for each county to 
 measure outcomes of children's mental health, and child safety, 
 permanency, and well-being.  The commissioner shall consult with 
 counties and other stakeholders to develop these indicators and 
 collect baseline data to inform the establishment of individual 
 county performance targets for the 2006-2007 biennium and 
 subsequent plans; and 

    (5) a budget for services to be provided with funds under 
 this section.  The county must budget at least 40 percent of 
 funds appropriated under sections 256M.01 to 256M.80 for 
 services to ensure the mental health, safety, permanency, and 
 well-being of children from low-income families.  The 
 commissioner may reduce the portion of child and community 
 services funds that must be budgeted by a county for services to 
 children in low-income families if: 

    (i) the incidence of children in low-income families within 
 the county's population is significantly below the statewide 
 median; or 

    (ii) the county has successfully achieved past performance 
 targets for children's mental health, and child safety, 
 permanency, and well-being and its proposed service plan is 
 judged by the commissioner to provide an adequate level of 
 service to the population with less funding. 

    Subd. 3.    Continuity of services.  In developing the 
 plan required under this section, a county shall endeavor, 
 within the limits of funds available, to consider the continuing 
 need for services and programs for children and persons with 
 disabilities that were funded by the former children's services 
 and community service grants. 

    Subd. 4.    Information.  The commissioner shall provide 
 each county with information and technical assistance needed to 
 complete the service plan, including:  information on children's 
 mental health, and child safety, permanency, and well-being in 
 the county; comparisons with other counties; baseline 
 performance on outcome measures; and promising program practices.

    Subd. 5.    Timelines.  The preliminary service plan 
 must be submitted to the commissioner by October 15, 2003, and 
 October 15 of every two years thereafter.  

    Subd. 6.    Public comment.  The county board must 
 determine how citizens in the county will participate in the 
 development of the service plan and provide opportunities for 
 such participation.  The county must allow a period of no less 
 than 30 days prior to the submission of the plan to the 
 commissioner to solicit comments from the public on the contents 
 of the plan. 

    Subd. 7.    Commissioner's responsibilities.  The 
 commissioner must, within 60 days of receiving each county 
 service plan, inform the county if the service plan has been 
 approved.  If the service plan is not approved, the commissioner 
 must inform the county of any revisions needed for approval. 

    HIST: 1Sp2003 c 14 art 11 s 4 

     256M.40 State children and community services grant 
  allocation. 

    Subdivision 1.    Formula.  The commissioner shall 
 allocate state funds appropriated for children and community 
 services grants to each county board on a calendar year basis in 
 an amount determined according to the formula in paragraphs (a) 
 to (c). 

    (a) For July 1, 2003, through December 31, 2003, the 
 commissioner shall allocate funds to each county equal to that 
 county's allocation for the grants under section 256M.10, 
 subdivision 5, for calendar year 2003 less payments made on or 
 before June 30, 2003. 

    (b) For calendar year 2004 and 2005, the commissioner shall 
 allocate available funds to each county in proportion to that 
 county's share of the calendar year 2003 allocations for the 
 grants under section 256M.10, subdivision 5. 

    (c) For calendar year 2006 and each calendar year 
 thereafter, the commissioner shall allocate available funds to 
 each county in proportion to that county's share in the 
 preceding calendar year. 

    Subd. 2.    Project of regional significance; study.  
 The commissioner shall study whether and how to dedicate a 
 portion of the allocated funds for projects of regional 
 significance.  The study shall include an analysis of the amount 
 of annual funding to be dedicated for projects of regional 
 significance and what efforts these projects must support.  The 
 commissioner shall submit a report to the chairs of the house 
 and senate committees with jurisdiction over children and 
 community services grants by January 15, 2005.  The commissioner 
 of finance, in preparing the proposed biennial budget for fiscal 
 years 2006 and 2007, is instructed to include $25 million each 
 year in funding for projects of regional significance under this 
 chapter. 

    Subd. 3.    Payments.  Calendar year allocations under 
 subdivision 1 shall be paid to counties on or before July 10 of 
 each year. 

    HIST: 1Sp2003 c 14 art 11 s 5 

     256M.50 Federal children and community services grant 
  allocation. 

    In federal fiscal year 2004 and subsequent years, money for 
 social services received from the federal government to 
 reimburse counties for social service expenditures according to 
 Title XX of the Social Security Act shall be allocated to each 
 county according to section 256M.40, except for funds allocated 
 for administrative purposes and migrant day care. 

    HIST: 1Sp2003 c 14 art 11 s 6 

     256M.60 Duties of county boards. 

    Subdivision 1.    Responsibilities.  The county board of 
 each county shall be responsible for administration and funding 
 of children and community services as defined in section 
 256M.10, subdivision 1.  Each county board shall singly or in 
 combination with other county boards use funds available to the 
 county under Laws 2003, First Special Session chapter 14, to 
 carry out these responsibilities.  The county board shall 
 coordinate and facilitate the effective use of formal and 
 informal helping systems to best support and nurture children, 
 adolescents, and adults within the county who experience 
 dependency, abuse, neglect, poverty, disability, chronic health 
 conditions, or other factors, including ethnicity and race, that 
 may result in poor outcomes or disparities, as well as services 
 for family members to support such individuals.  This includes 
 assisting individuals to function at the highest level of 
 ability while maintaining family and community relationships to 
 the greatest extent possible.  

    Subd. 2.    Day training and habilitation services; 
 alternative habilitation services.  To the extent provided in 
 the county service plan under section 256M.30, the county board 
 of each county shall be responsible for providing day training 
 and habilitation services or alternative habilitation services 
 during the day for persons with developmental disabilities to 
 the extent this is required by the person's individualized 
 service plan. 

    Subd. 3.    Reports.  The county board shall provide 
 necessary reports and data as required by the commissioner. 

    Subd. 4.    Contracts for services.  The county board 
 may contract with a human services board, a multicounty board 
 established by a joint powers agreement, other political 
 subdivisions, a children's mental health collaborative, a family 
 services collaborative, or private organizations in discharging 
 its duties. 

    Subd. 5.    Exemption from liability.  The state of 
 Minnesota, the county boards, or the agencies acting on behalf 
 of the county boards in the implementation and administration of 
 children and community services shall not be liable for damages, 
 injuries, or liabilities sustained through the purchase of 
 services by the individual, the individual's family, or the 
 authorized representative under this section. 

    Subd. 6.    Fees for services.  The county board may 
 establish a schedule of fees based upon clients' ability to pay 
 to be charged to recipients of children and community services. 
 Payment, in whole or in part, for services may be accepted from 
 any person except that no fee may be charged to persons or 
 families whose adjusted gross household income is below the 
 federal poverty level.  When services are provided to any 
 person, including a recipient of aids administered by the 
 federal, state, or county government, payment of any charges due 
 may be billed to and accepted from a public assistance agency or 
 from any public or private corporation. 

    HIST: 1Sp2003 c 14 art 11 s 7 

     256M.70 Fiscal limitations. 

    Subdivision 1.    Demonstration of reasonable effort.  
 The county shall make reasonable efforts to comply with all 
 children and community services requirements.  For the purposes 
 of this section, a county is making reasonable efforts if the 
 county has made efforts to comply with requirements within the 
 limits of available funding, including efforts to identify and 
 apply for commonly available state and federal funding for 
 services. 

    Subd. 2.    Identification of services to be provided.  
 If a county has made reasonable efforts to provide services 
 according to the service plan under section 256M.30, but funds 
 appropriated for purposes of sections 256M.01 to 256M.80 are 
 insufficient, then the county may limit services that do not 
 meet the following criteria while giving the highest funding 
 priority to clauses (1), (2), and (3):  

    (1) services needed to protect individuals from 
 maltreatment, abuse, and neglect; 

    (2) emergency and crisis services needed to protect clients 
 from physical, emotional, or psychological harm; 

    (3) services that maintain a person in the person's home or 
 least restrictive setting; 

    (4) assessment of persons applying for services and 
 referral to appropriate services when necessary; 

    (5) public guardianship services; 

    (6) case management for persons with developmental 
 disabilities, children with serious emotional disturbances, and 
 adults with serious and persistent mental illness; and 

    (7) fulfilling licensing responsibilities delegated to the 
 county by the commissioner under section 245A.16. 

    Subd. 3.    Denial, reduction, or termination of services 
 due to fiscal limitations.  Before a county denies, reduces, 
 or terminates services to an individual due to fiscal 
 limitations, the county must meet the requirements in this 
 section.  The county must notify the individual and the 
 individual's guardian in writing of the reason for the denial, 
 reduction, or termination of services and must inform the 
 individual and the individual's guardian in writing that the 
 county will, upon request, meet to discuss alternatives before 
 services are terminated or reduced.  

    HIST: 1Sp2003 c 14 art 11 s 8 

     256M.80 Program evaluation. 

    Subdivision 1.    County evaluation.  Each county shall 
 submit to the commissioner data from the past calendar year on 
 the outcomes and performance indicators in the service plan.  
 The commissioner shall prescribe standard methods to be used by 
 the counties in providing the data.  The data shall be submitted 
 no later than March 1 of each year, beginning with March 1, 2005.

    Subd. 2.    Statewide evaluation.  Six months after the 
 end of the first full calendar year and annually thereafter, the 
 commissioner shall prepare a report on the counties' progress in 
 improving the outcomes of children, adolescents, and adults 
 related to mental health, safety, permanency, and well-being.  
 This report shall be disseminated throughout the state.  

    HIST: 1Sp2003 c 14 art 11 s 9 

     256M.90 Grants and purchase of service contracts. 

    Subdivision 1.    Authority.  The local agency may 
 purchase community social services by grant or purchase of 
 service contract from agencies or individuals approved as 
 vendors. 

    Subd. 2.    Duties of local agency.  The local agency 
 must: 

    (1) use a written grant or purchase of service contract 
 when purchasing community social services.  Every grant and 
 purchase of service contract must be completed, signed, and 
 approved by all parties to the agreement, including the county 
 board, unless the county board has designated the local agency 
 to sign on its behalf.  No service shall be provided before the 
 effective date of the grant or purchase of service contract; 

    (2) determine a client's eligibility for purchased 
 services, or delegate the responsibility for making the 
 preliminary determination to the approved vendor under the terms 
 of the grant or purchase of service contract; 

    (3) ensure the development of an individual social service 
 plan based on the client's needs; 

    (4) monitor purchased services and evaluate grants and 
 contracts on the basis of client outcomes; and 

    (5) purchase only from approved vendors. 

    Subd. 3.    Local agency criteria.  When the local 
 agency chooses to purchase community social services from a 
 vendor that is not subject to state licensing laws or department 
 rules, the local agency must establish written criteria for 
 vendor approval to ensure the health, safety, and well being of 
 clients. 

    Subd. 4.    Case records and reporting requirements.  
 Case records and data reporting requirements for grants and 
 purchased services are the same as case record and data 
 reporting requirements for direct services. 

    Subd. 5.    Files.  The local agency must keep an 
 administrative file for each grant and contract. 

    Subd. 6.    Contracting within and across county lines; 
 lead county contracts.  Paragraphs (a) to (e) govern 
 contracting within and across county lines and lead county 
 contracts. 

    (a) Once a local agency and an approved vendor execute a 
 contract that meets the requirements of this subdivision, the 
 contract governs all other purchases of service from the vendor 
 by all other local agencies for the term of the contract.  The 
 local agency that negotiated and entered into the contract 
 becomes the lead county for the contract. 

    (b) When the local agency in the county where a vendor is 
 located wants to purchase services from that vendor and the 
 vendor has no contract with the local agency or any other 
 county, the local agency must negotiate and execute a contract 
 with the vendor. 

    (c) When a local agency in one county wants to purchase 
 services from a vendor located in another county, it must notify 
 the local agency in the county where the vendor is located.  
 Within 30 days of being notified, the local agency in the 
 vendor's county must: 

    (1) if it has a contract with the vendor, send a copy to 
 the inquiring agency; 

    (2) if there is a contract with the vendor for which 
 another local agency is the lead county, identify the lead 
 county to the inquiring agency; or 

    (3) if no local agency has a contract with the vendor, 
 inform the inquiring agency whether it will negotiate a contract 
 and become the lead county.  If the agency where the vendor is 
 located will not negotiate a contract with the vendor because of 
 concerns related to clients' health and safety, the agency must 
 share those concerns with the inquiring agency. 

    (d) If the local agency in the county where the vendor is 
 located declines to negotiate a contract with the vendor or 
 fails to respond within 30 days of receiving the notification 
 under paragraph (c), the inquiring agency is authorized to 
 negotiate a contract and must notify the local agency that 
 declined or failed to respond. 

    (e) When the inquiring county under paragraph (d) becomes 
 the lead county for a contract and the contract expires and 
 needs to be renegotiated, that county must again follow the 
 requirements under paragraph (c) and notify the local agency 
 where the vendor is located.  The local agency where the vendor 
 is located has the option of becoming the lead county for the 
 new contract.  If the local agency does not exercise the option, 
 paragraph (d) applies. 

    (f) This subdivision does not affect the requirement to 
 seek county concurrence under section 256B.092, subdivision 8a, 
 when the services are to be purchased for a person with mental 
 retardation or a related condition or under section 245.4711, 
 subdivision 3, when the services to be purchased are for an 
 adult with serious and persistent mental illness. 

    Subd. 7.    Contracts with community mental health boards. 
  A local agency within the geographic area served by a 
 community mental health board authorized by sections 245.61 to 
 245.69, may contract directly with the community mental health 
 board.  However, if a local agency outside of the geographic 
 area served by a community mental health board wishes to 
 purchase services from the board, the local agency must follow 
 the requirements under subdivision 6. 

    Subd. 8.    Placement agreements.  A placement agreement 
 must be used for residential services.  Placement agreements are 
 valid when signed by authorized representatives of the facility 
 and the county of financial responsibility.  If the county of 
 financial responsibility and the county where the approved 
 vendor is located are not the same, the county of financial 
 responsibility must, if requested, mail a copy of the placement 
 agreement to the county where the approved vendor is providing 
 the service and to the lead county within ten calendar days 
 after the date on which the placement agreement is signed.  The 
 placement agreement must specify that the service will be 
 provided in accordance with the individual service plan as 
 required and must specify the unit cost, the date of placement, 
 and the date for the review of the placement.  A placement 
 agreement may also be used for nonresidential services. 

    HIST: 1Sp2003 c 14 art 11 s 10