2006 Minnesota Statutes

CHAPTER 256F. MINNESOTA FAMILY PRESERVATION ACT

256F.01 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.02 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.03 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.04 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.05 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.06 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.07 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.08 [Repealed, 1Sp2003 c 14 art 11 s 12]

    Subdivision 1.[Renumbered 119A.37, subdivision 1]
    Subd. 1a.[Renumbered 119A.37, subd 2]
    Subd. 2.[Renumbered 119A.37, subd 3]
    Subd. 3.[Renumbered 119A.37, subd 4]
    Subd. 4.[Repealed, 1995 c 207 art 4 s 44]
    Subd. 5.[Renumbered 119A.37, subd 5]

256F.10 CHILD WELFARE TARGETED CASE MANAGEMENT.
    Subdivision 1. Eligibility. Persons under 21 years of age who are eligible to receive medical
assistance are eligible for child welfare targeted case management services under section
256B.094 and this section if they have received an assessment and have been determined by the
local county or tribal social services agency to be:
(1) at risk of placement or in placement as described in section 260C.212, subdivision 1;
(2) at risk of maltreatment or experiencing maltreatment as defined in section 626.556,
subdivision 10e ; or
(3) in need of protection or services as defined in section 260C.007, subdivision 6.
    Subd. 2. Availability of services. Child welfare targeted case management services are
available from providers meeting qualification requirements and the certification standards
specified in subdivision 4. Eligible recipients may choose any certified provider of child welfare
targeted case management services.
    Subd. 3. Voluntary provider participation. Providers may seek certification for medical
assistance reimbursement to provide child welfare targeted case management services. The
certification process is initiated by submitting a written statement of interest to the commissioner.
Certified providers may elect to discontinue participation by a written notice to the
commissioner at least 120 days before the end of the final calendar quarter of participation.
    Subd. 4. Provider qualifications and certification standards. The commissioner must
certify each provider before enrolling it as a child welfare targeted case management provider
of services under section 256B.094 and this section. The certification process shall examine
the provider's ability to meet the qualification requirements and certification standards in this
subdivision and other federal and state requirements of this service. A certified child welfare
targeted case management provider is an enrolled medical assistance provider who is determined
by the commissioner to have all of the following:
(1) the legal authority to provide public welfare under sections 393.01, subdivision 7, and
393.07 or a federally recognized Indian tribe;
(2) the demonstrated capacity and experience to provide the components of case management
to coordinate and link community resources needed by the eligible population;
(3) administrative capacity and experience in serving the target population for whom it will
provide services and in ensuring quality of services under state and federal requirements;
(4) the legal authority to provide complete investigative and protective services under
section 626.556, subdivision 10, and child welfare and foster care services under section 393.07,
subdivisions 1 and 2 , or a federally recognized Indian tribe;
(5) a financial management system that provides accurate documentation of services and
costs under state and federal requirements; and
(6) the capacity to document and maintain individual case records under state and federal
requirements.
    Subd. 5. Case managers. Case managers are individuals employed by and authorized by the
certified child welfare targeted case management provider to provide case management services
under section 256B.094 and this section. A case manager must have:
(1) skills in identifying and assessing a wide range of children's needs;
(2) knowledge of local child welfare and a variety of community resources and effective use
of those resources for the benefit of the child; and
(3) a bachelor's degree in social work, psychology, sociology, or a closely related field from
an accredited four-year college or university; or a bachelor's degree from an accredited four-year
college or university in a field other than social work, psychology, sociology or a closely related
field, plus one year of experience in the delivery of social services to children as a supervised
social worker in a public or private social services agency; or
(4) been authorized to serve as a tribal child welfare case manager certified by a federally
recognized tribal government within the state of Minnesota, pursuant to section 256B.02,
subdivision 7 , paragraph (c), and determined as meeting applicable standards.
    Subd. 6. Distribution of new federal revenue. (a) Except for portion set aside in paragraph
(b), the federal funds earned under this section and section 256B.094 by providers shall be paid
to each provider based on its earnings, and must be used by each provider to expand preventive
child welfare services.
If a county or tribal social services agency chooses to be a provider of child welfare targeted
case management and if that county or tribal social services agency also joins a local children's
mental health collaborative as authorized by the 1993 legislature, then the federal reimbursement
received by the county or tribal social services agency for providing child welfare targeted
case management services to children served by the local collaborative shall be transferred by
the county or tribal social services agency to the integrated fund. The federal reimbursement
transferred to the integrated fund by the county or tribal social services agency must not be used
for residential care other than respite care described under subdivision 7, paragraph (d).
(b) The commissioner shall set aside a portion of the federal funds earned under this section
to repay the special revenue maximization account under section 256.01, subdivision 2, clause
(15). The repayment is limited to:
(1) the costs of developing and implementing this section and section 256B.094;
(2) programming the information systems; and
(3) the lost federal revenue for the central office claim directly caused by the implementation
of these sections.
Any unexpended funds from the set aside under this paragraph shall be distributed to
providers according to paragraph (a).
    Subd. 7. Expansion of services and base level of expenditures. (a) Counties and tribal
social services must continue the base level of expenditures for preventive child welfare services
from either or both of any state, county, or federal funding source, which, in the absence of federal
funds earned under this section, would have been available for these services. The commissioner
shall review the county or tribal social services expenditures annually using reports required
under sections 245.482 and 256.01, subdivision 2, paragraph (17), to ensure that the base level
of expenditures for preventive child welfare services is continued from sources other than the
federal funds earned under this section.
(b) The commissioner may reduce, suspend, or eliminate either or both of a county's or
tribal social services' obligations to continue the base level of expenditures and to expand child
welfare preventive services if the commissioner determines that one or more of the following
conditions apply to that county or reservation:
(1) imposition of levy limits that significantly reduce available social service funds;
(2) reduction in the net tax capacity of the taxable property within a county or reservation
that significantly reduces available social service funds;
(3) reduction in the number of children under age 19 in the county or reservation by 25
percent when compared with the number in the base year using the most recent data provided by
the State Demographer's Office; or
(4) termination of the federal revenue earned under this section.
(c) The commissioner may suspend for one year either or both of a county's or tribal social
services' obligations to continue the base level of expenditures and to expand child welfare
preventive services if the commissioner determines that in the previous year one or more of the
following conditions applied to that county or reservation:
(1) the total number of children in placement under sections 260C.212 and 393.07,
subdivisions 1 and 2 , has been reduced by 50 percent from the total number in the base year; or
(2) the average number of children in placement under sections 260C.212 and 393.07,
subdivisions 1 and 2 , on the last day of each month is equal to or less than one child per 1,000
children in the county or reservation.
(d) For the purposes of this section, child welfare preventive services are those services
directed toward a specific child or family that further the goals of Minnesota Statutes 2002,
section 256F.01, and include assessments, family preservation services, service coordination,
community-based treatment, crisis nursery services when the parents retain custody and there
is no voluntary placement agreement with a child-placing agency, respite care except when it
is provided under a medical assistance waiver, home-based services, and other related services.
For the purposes of this section, child welfare preventive services shall not include shelter care
placements under the authority of the court or public agency to address an emergency, residential
services except for respite care, child care for the purposes of employment and training, adult
services, services other than child welfare targeted case management when they are provided
under medical assistance, placement services, or activities not directed toward a specific child or
family. Respite care must be planned, routine care to support the continuing residence of the child
with its family or long-term primary caretaker and must not be provided to address an emergency.
(e) For the counties and tribal social services beginning to claim federal reimbursement for
services under this section and section 256B.094, the base year is the calendar year ending at least
two calendar quarters before the first calendar quarter in which the provider begins claiming
reimbursement. For the purposes of this section, the base level of expenditures is the level of
county or tribal social services expenditures in the base year for eligible child welfare preventive
services described in this subdivision.
    Subd. 8. Provider responsibilities. (a) Notwithstanding section 256B.19, subdivision 1, for
the purposes of child welfare targeted case management under section 256B.094 and this section,
the nonfederal share of costs shall be provided by the provider of child welfare targeted case
management from sources other than federal funds or funds used to match other federal funds,
except when allowed by federal law or agreement.
(b) Provider expenditures eligible for federal reimbursement under this section must not be
made from federal funds or funds used to match other federal funds, except when allowed by
federal law or agreement.
(c) The commissioner may suspend, reduce, or terminate the federal reimbursement to a
provider that does not meet the reporting or other requirements of section 256B.094 and this
section. The county or reservation is responsible for any federal disallowances. The county or
reservation may share this responsibility with its contracted vendors.
    Subd. 9. Payments. Payments to certified providers for child welfare targeted case
management expenditures under section 256B.094 and this section shall only be made of federal
earnings from services provided under section 256B.094 and this section. Payments to contracted
vendors shall include both the federal earnings and the nonfederal share.
    Subd. 10. Centralized disbursement of medical assistance payments. Notwithstanding
section 256B.041, provider payments for the cost of child welfare targeted case management
services shall not be made to the commissioner of finance. For the purposes of child welfare
targeted case management services under section 256B.094 and this section, the centralized
disbursement of payments to providers under section 256B.041 consists only of federal earnings
from services provided under section 256B.094 and this section.
History: 1Sp1993 c 1 art 3 s 26; 1999 c 139 art 4 s 2; 1999 c 159 s 73; 1999 c 245 art 8 s
12-18; 2001 c 178 art 1 s 44; 2002 c 277 s 26; 2003 c 112 art 2 s 50; 1Sp2003 c 14 art 1 s 106;
art 11 s 11; 2004 c 288 art 3 s 27

256F.11 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.12 [Repealed, 1Sp2003 c 14 art 11 s 12]

256F.13 FAMILY SERVICES COLLABORATIVE.
    Subdivision 1. Federal revenue enhancement. (a) Duties of commissioner of human
services. The commissioner of human services may enter into an agreement with one or more
family services collaboratives to enhance federal reimbursement under title IV-E of the Social
Security Act and federal administrative reimbursement under title XIX of the Social Security Act.
The commissioner may contract with the Department of Education for purposes of transferring
the federal reimbursement to the commissioner of education to be distributed to the collaboratives
according to clause (2). The commissioner shall have the following authority and responsibilities
regarding family services collaboratives:
(1) the commissioner shall submit amendments to state plans and seek waivers as necessary
to implement the provisions of this section;
(2) the commissioner shall pay the federal reimbursement earned under this subdivision to
each collaborative based on their earnings. Payments to collaboratives for expenditures under this
subdivision will only be made of federal earnings from services provided by the collaborative;
(3) the commissioner shall review expenditures of family services collaboratives using
reports specified in the agreement with the collaborative to ensure that the base level of
expenditures is continued and new federal reimbursement is used to expand education, social,
health, or health-related services to young children and their families;
(4) the commissioner may reduce, suspend, or eliminate a family services collaborative's
obligations to continue the base level of expenditures or expansion of services if the commissioner
determines that one or more of the following conditions apply:
(i) imposition of levy limits that significantly reduce available funds for social, health, or
health-related services to families and children;
(ii) reduction in the net tax capacity of the taxable property eligible to be taxed by the lead
county or subcontractor that significantly reduces available funds for education, social, health, or
health-related services to families and children;
(iii) reduction in the number of children under age 19 in the county, collaborative service
delivery area, subcontractor's district, or catchment area when compared to the number in the base
year using the most recent data provided by the State Demographer's Office; or
(iv) termination of the federal revenue earned under the family services collaborative
agreement;
(5) the commissioner shall not use the federal reimbursement earned under this subdivision
in determining the allocation or distribution of other funds to counties or collaboratives;
(6) the commissioner may suspend, reduce, or terminate the federal reimbursement to a
provider that does not meet the reporting or other requirements of this subdivision;
(7) the commissioner shall recover from the family services collaborative any federal
fiscal disallowances or sanctions for audit exceptions directly attributable to the family
services collaborative's actions in the integrated fund, or the proportional share if federal fiscal
disallowances or sanctions are based on a statewide random sample; and
(8) the commissioner shall establish criteria for the family services collaborative for the
accounting and financial management system that will support claims for federal reimbursement.
(b) Family services collaborative responsibilities. The family services collaborative shall
have the following authority and responsibilities regarding federal revenue enhancement:
(1) the family services collaborative shall be the party with which the commissioner
contracts. A lead county shall be designated as the fiscal agency for reporting, claiming, and
receiving payments;
(2) the family services collaboratives may enter into subcontracts with other counties, school
districts, special education cooperatives, municipalities, and other public and nonprofit entities for
purposes of identifying and claiming eligible expenditures to enhance federal reimbursement, or
to expand education, social, health, or health-related services to families and children;
(3) the family services collaborative must continue the base level of expenditures for
education, social, health, or health-related services to families and children from any state, county,
federal, or other public or private funding source which, in the absence of the new federal
reimbursement earned under this subdivision, would have been available for those services,
except as provided in subdivision 1, paragraph (a), clause (4). The base year for purposes of this
subdivision shall be the four-quarter calendar year ending at least two calendar quarters before the
first calendar quarter in which the new federal reimbursement is earned;
(4) the family services collaborative must use all new federal reimbursement resulting
from federal revenue enhancement to expand expenditures for education, social, health, or
health-related services to families and children beyond the base level, except as provided in
subdivision 1, paragraph (a), clause (4);
(5) the family services collaborative must ensure that expenditures submitted for federal
reimbursement are not made from federal funds or funds used to match other federal funds.
Notwithstanding section 256B.19, subdivision 1, for the purposes of family services collaborative
expenditures under agreement with the department, the nonfederal share of costs shall be provided
by the family services collaborative from sources other than federal funds or funds used to match
other federal funds;
(6) the family services collaborative must develop and maintain an accounting and financial
management system adequate to support all claims for federal reimbursement, including a clear
audit trail and any provisions specified in the agreement; and
(7) the family services collaborative shall submit an annual report to the commissioner as
specified in the agreement.
    Subd. 2. Agreements with family services collaboratives. At a minimum, the agreement
between the commissioner and the family services collaborative shall include the following
provisions:
(1) specific documentation of the expenditures eligible for federal reimbursement;
(2) the process for developing and submitting claims to the commissioner;
(3) specific identification of the education, social, health, or health-related services to
families and children which are to be expanded with the federal reimbursement;
(4) reporting and review procedures ensuring that the family services collaborative must
continue the base level of expenditures for the education, social, health, or health-related services
for families and children as specified in subdivision 2, clause (3);
(5) reporting and review procedures to ensure that federal revenue earned under this section
is spent specifically to expand education, social, health, or health-related services for families and
children as specified in subdivision 2, clause (4);
(6) the period of time, not to exceed three years, governing the terms of the agreement and
provisions for amendments to, and renewal of the agreement; and
(7) an annual report prepared by the family services collaborative.
    Subd. 3. Waiver of rule requirements. (a) Requesting waivers of state or federal rules.
Local family services collaboratives, including collaboratives in Becker, Cass, and Ramsey
Counties, shall be encouraged to seek waivers of state or federal rules, as necessary to carry out
the purposes of this section.
(b) Waiver of state rules. In order to receive a waiver of the requirements of any state rule,
the collaborative shall submit a request for a variance to the appropriate commissioner. The
request shall contain assurances that the waiver will not affect client entitlements to services, will
not abridge any rights guaranteed to the client by state or federal law, and will not jeopardize the
health or safety of the client. The commissioner shall grant or deny all waiver requests within
30 days of receiving those requests, by notice to the collaborative and published notice in the
State Register.
(c) Waiver of federal rules. A local collaborative seeking a waiver from a federal rule shall
submit a request, in writing, to the appropriate commissioner who shall submit the waiver request
to the relevant policy committees of the legislature. If the legislative committees approve the
request, they shall direct the appropriate state agency to make a reasonable effort to negotiate a
waiver of the federal rule. If the legislative committees deny the request for a waiver, they shall
jointly notify the local collaborative of the reason for denying the waiver. If a waiver request is
approved for submission to federal authorities, the commissioner shall submit all necessary
materials to the appropriate federal authorities. The commissioner shall notify the collaborative
and the legislative committees of the outcome of the federal waiver request. In every instance
in which a federal waiver is granted, the commissioner shall publish notice of receipt of the
waiver in the State Register.
History: 1Sp1993 c 1 art 3 s 29; 1Sp1993 c 6 s 40; 1Sp1995 c 3 art 16 s 6; 1999 c 159 s 74;
2002 c 277 s 27; 2003 c 130 s 12

256F.14 [Repealed, 1Sp2003 c 14 art 11 s 12]