CHAPTER 256M. COMMUNITY SERVICE ACT
Table of Sections
|256M.001||APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.|
|256M.20||DUTIES OF COMMISSIONER OF HUMAN SERVICES.|
|256M.40||CHILDREN AND COMMUNITY SERVICES GRANT ALLOCATION.|
|256M.50||FEDERAL CHILDREN AND COMMUNITY SERVICES GRANT ALLOCATION.|
|256M.60||DUTIES OF COUNTY BOARDS.|
256M.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
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.
History: 1Sp2003 c 14 art 11 s 1
Subdivision 1. Scope.
For the purposes of sections
, 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
Subd. 5. Former children's services and community service grants.
services and community service grants" means allocations for the following grants:
(1) community social service grants under section
and Minnesota Statutes 2002,
(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
(5) children's mental health grants under Minnesota Statutes 2002, sections
Subd. 6. Human Services Board.
"Human Services Board" means a board established under
; Laws 1974, chapter 293; or Laws 1976, chapter 340.
History: 1Sp2003 c 14 art 11 s 2,11; 2005 c 10 art 1 s 58
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
and service plans under
. 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
(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
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.
History: 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
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 31, 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
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.
History: 1Sp2003 c 14 art 11 s 4; 2005 c 98 art 3 s 20
256M.40 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
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.[Repealed, 1Sp2005 c 4 art 3 s 20
Subd. 3. Payments.
Calendar year allocations under subdivision 1 shall be paid to counties
on or before July 10 of each year.
History: 1Sp2003 c 14 art 11 s 5; 1Sp2005 c 4 art 5 s 14; 2006 c 212 art 1 s 26 subd 7
256M.50 FEDERAL CHILDREN AND COMMUNITY SERVICES GRANT
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
, except for
funds allocated for administrative purposes and migrant day care.
History: 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
. 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.
extent provided in the county service plan under section
, 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.
History: 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
, but funds appropriated
for purposes of sections
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
(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
(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
Subd. 3. Denial, reduction, or termination of services due to fiscal limitations.
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.
History: 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.
History: 1Sp2003 c 14 art 11 s 9