Bill Text: MN HF1112 | 2011-2012 | 87th Legislature | Introduced
Bill Title: White Earth Band of Ojibwe Indians authorized to provide human services and public assistance programs, and money appropriated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-14 - Introduction and first reading, referred to Health and Human Services Finance [HF1112 Detail]
Download: Minnesota-2011-HF1112-Introduced.html
1.2relating to human services; authorizing the White Earth Band of Ojibwe Indians
1.3to provide human services and public assistance programs; appropriating money;
1.4amending Minnesota Statutes 2010, sections 253B.212; 256.01, by adding a
1.5subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 253B.212, is amended to read:
1.8253B.212 COMMITMENT; RED LAKE BAND OF CHIPPEWA INDIANS;
1.9WHITE EARTH BAND OF OJIBWE.
1.10 Subdivision 1. Cost of care; commitment by tribal court order; Red Lake
1.11Band of Chippewa Indians. The commissioner of human services may contract with
1.12and receive payment from the Indian Health Service of the United States Department of
1.13Health and Human Services for the care and treatment of those members of the Red
1.14Lake Band of Chippewa Indians who have been committed by tribal court order to the
1.15Indian Health Service for care and treatment of mental illness, developmental disability, or
1.16chemical dependency. The contract shall provide that the Indian Health Service may not
1.17transfer any person for admission to a regional center unless the commitment procedure
1.18utilized by the tribal court provided due process protections similar to those afforded
1.19by sections253B.05 to
253B.10 .
1.20 Subd. 1a. Cost of care; commitment by tribal court order; White Earth Band of
1.21Ojibwe Indians. The commissioner of human services may contract with and receive
1.22payment from the Indian Health Service of the United States Department of Health and
1.23Human Services for the care and treatment of those members of the White Earth Band
1.24of Ojibwe Indians who have been committed by tribal court order to the Indian Health
2.1Service for care and treatment of mental illness, developmental disability, or chemical
2.2dependency. The contract shall provide that the Indian Health Service may not transfer
2.3any person for admission to a regional center unless the commitment procedure utilized
2.4by the tribal court provided due process protections similar to those afforded by sections
2.5253B.05 to
253B.10 .
2.6 Subd. 2. Effect given to tribal commitment order. When, under an agreement
2.7entered into pursuant tosubdivision 1 subdivisions 1 or 1a, the Indian Health Service
2.8applies to a regional center for admission of a person committed to the jurisdiction of the
2.9health service by the tribal court as a person who is mentally ill, developmentally disabled,
2.10or chemically dependent, the commissioner may treat the patient with the consent of
2.11the Indian Health Service.
2.12A person admitted to a regional center pursuant to this section has all the rights
2.13accorded by section253B.03 . In addition, treatment reports, prepared in accordance with
2.14the requirements of section253B.12, subdivision 1 , shall be filed with the Indian Health
2.15Service within 60 days of commencement of the patient's stay at the facility. A subsequent
2.16treatment report shall be filed with the Indian Health Service within six months of the
2.17patient's admission to the facility or prior to discharge, whichever comes first. Provisional
2.18discharge or transfer of the patient may be authorized by the head of the treatment facility
2.19only with the consent of the Indian Health Service. Discharge from the facility to the
2.20Indian Health Service may be authorized by the head of the treatment facility after notice
2.21to and consultation with the Indian Health Service.
2.22 Sec. 2. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
2.23to read:
2.24 Subd. 14c. American Indian child welfare, social, and human services project;
2.25White Earth Band of Ojibwe Indians. (a) The commissioner of human services shall
2.26enter into a contractual agreement as authorized under subdivision 2, paragraph (a),
2.27clause (7), with the White Earth Band of Ojibwe Indians for the tribe to provide all
2.28human services and public assistance programs that are under the supervision of the
2.29commissioner to tribal members who reside on the reservation. Grants may be issued to
2.30the White Earth Band of Ojibwe Indians to support the project. The commissioner may
2.31waive existing rules to support this project. The commissioner shall seek any federal
2.32approvals necessary to carry out the project as well as seek and use any funds available to
2.33the commissioner, including use of federal funds, foundation funds, existing grant funds,
2.34and other funds. The commissioner is authorized to advance state funds as necessary to
3.1operate the projects. Federal reimbursement applicable to the projects is appropriated to
3.2the commissioner for purposes of the project.
3.3(b) The commissioner shall redirect all funds provided to Mahnomen County for
3.4services in this subdivision, including administrative expenses, to the White Earth Band
3.5of Ojibwe Indians.
3.6(c) The commissioner is authorized to determine the process by which programs not
3.7currently provided by the White Earth Band will be transferred to the tribe.
3.8(d) When the commissioner approves transfer of programs and the tribe assumes
3.9responsibility under this section, Mahnomen County is relieved of responsibility for
3.10providing program services to tribal members who live on the reservation while the tribal
3.11project is in effect and funded.
3.12(e) The tribe must comply with all reporting and record keeping requirements under
3.13state and federal laws and rules.
1.3to provide human services and public assistance programs; appropriating money;
1.4amending Minnesota Statutes 2010, sections 253B.212; 256.01, by adding a
1.5subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 253B.212, is amended to read:
1.8253B.212 COMMITMENT; RED LAKE BAND OF CHIPPEWA INDIANS;
1.9WHITE EARTH BAND OF OJIBWE.
1.10 Subdivision 1. Cost of care; commitment by tribal court order; Red Lake
1.11Band of Chippewa Indians. The commissioner of human services may contract with
1.12and receive payment from the Indian Health Service of the United States Department of
1.13Health and Human Services for the care and treatment of those members of the Red
1.14Lake Band of Chippewa Indians who have been committed by tribal court order to the
1.15Indian Health Service for care and treatment of mental illness, developmental disability, or
1.16chemical dependency. The contract shall provide that the Indian Health Service may not
1.17transfer any person for admission to a regional center unless the commitment procedure
1.18utilized by the tribal court provided due process protections similar to those afforded
1.19by sections
1.20 Subd. 1a. Cost of care; commitment by tribal court order; White Earth Band of
1.21Ojibwe Indians. The commissioner of human services may contract with and receive
1.22payment from the Indian Health Service of the United States Department of Health and
1.23Human Services for the care and treatment of those members of the White Earth Band
1.24of Ojibwe Indians who have been committed by tribal court order to the Indian Health
2.1Service for care and treatment of mental illness, developmental disability, or chemical
2.2dependency. The contract shall provide that the Indian Health Service may not transfer
2.3any person for admission to a regional center unless the commitment procedure utilized
2.4by the tribal court provided due process protections similar to those afforded by sections
2.5
2.6 Subd. 2. Effect given to tribal commitment order. When, under an agreement
2.7entered into pursuant to
2.8applies to a regional center for admission of a person committed to the jurisdiction of the
2.9health service by the tribal court as a person who is mentally ill, developmentally disabled,
2.10or chemically dependent, the commissioner may treat the patient with the consent of
2.11the Indian Health Service.
2.12A person admitted to a regional center pursuant to this section has all the rights
2.13accorded by section
2.14the requirements of section
2.15Service within 60 days of commencement of the patient's stay at the facility. A subsequent
2.16treatment report shall be filed with the Indian Health Service within six months of the
2.17patient's admission to the facility or prior to discharge, whichever comes first. Provisional
2.18discharge or transfer of the patient may be authorized by the head of the treatment facility
2.19only with the consent of the Indian Health Service. Discharge from the facility to the
2.20Indian Health Service may be authorized by the head of the treatment facility after notice
2.21to and consultation with the Indian Health Service.
2.22 Sec. 2. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
2.23to read:
2.24 Subd. 14c. American Indian child welfare, social, and human services project;
2.25White Earth Band of Ojibwe Indians. (a) The commissioner of human services shall
2.26enter into a contractual agreement as authorized under subdivision 2, paragraph (a),
2.27clause (7), with the White Earth Band of Ojibwe Indians for the tribe to provide all
2.28human services and public assistance programs that are under the supervision of the
2.29commissioner to tribal members who reside on the reservation. Grants may be issued to
2.30the White Earth Band of Ojibwe Indians to support the project. The commissioner may
2.31waive existing rules to support this project. The commissioner shall seek any federal
2.32approvals necessary to carry out the project as well as seek and use any funds available to
2.33the commissioner, including use of federal funds, foundation funds, existing grant funds,
2.34and other funds. The commissioner is authorized to advance state funds as necessary to
3.1operate the projects. Federal reimbursement applicable to the projects is appropriated to
3.2the commissioner for purposes of the project.
3.3(b) The commissioner shall redirect all funds provided to Mahnomen County for
3.4services in this subdivision, including administrative expenses, to the White Earth Band
3.5of Ojibwe Indians.
3.6(c) The commissioner is authorized to determine the process by which programs not
3.7currently provided by the White Earth Band will be transferred to the tribe.
3.8(d) When the commissioner approves transfer of programs and the tribe assumes
3.9responsibility under this section, Mahnomen County is relieved of responsibility for
3.10providing program services to tribal members who live on the reservation while the tribal
3.11project is in effect and funded.
3.12(e) The tribe must comply with all reporting and record keeping requirements under
3.13state and federal laws and rules.
