Bill Text: MN HF3027 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Children and family services provisions modified; Northstar Care for Children program, background studies, adoption, and licensing requirements changed; and technical changes made.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-07 - House rule 1.21, placed on Calendar for the Day Wednesday, April 9, 2014 [HF3027 Detail]
Download: Minnesota-2013-HF3027-Engrossed.html
1.2relating to human services; modifying provisions relating to children and
1.3family services; changing requirements for the Northstar Care for Children
1.4program, background studies, adoption, and licensing; making technical
1.5changes;amending Minnesota Statutes 2012, sections 245C.04, by adding a
1.6subdivision; 256I.04, subdivision 2a; 257.85, subdivision 11; 259.41, subdivision
1.71; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50,
1.8subdivision 5; 252.27, subdivision 2a; 256B.055, subdivision 1; 256D.44,
1.9subdivision 5; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by
1.10adding a subdivision; 256N.22, subdivision 6; 256N.23, subdivision 1; 256N.24,
1.11subdivisions 9, 10; 259.35, subdivision 1; 609B.445; proposing coding for new
1.12law in Minnesota Statutes, chapter 245A.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2013 Supplement, section 252.27, subdivision 2a,
1.17is amended to read:
1.18 Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor
1.19child, including a child determined eligible for medical assistance without consideration of
1.20parental income, must contribute to the cost of services used by making monthly payments
1.21on a sliding scale based on income, unless the child is married or has been married,
1.22parental rights have been terminated, or the child's adoption is subsidized according to
1.23chapter 256N or 259A or through title IV-E of the Social Security Act. The parental
1.24contribution is a partial or full payment for medical services provided for diagnostic,
1.25therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care
1.26services as defined in United States Code, title 26, section 213, needed by the child with a
1.27chronic illness or disability.
2.1 (b) For households with adjusted gross income equal to or greater than 275 percent
2.2of federal poverty guidelines, the parental contribution shall be computed by applying the
2.3following schedule of rates to the adjusted gross income of the natural or adoptive parents:
2.4 (1) if the adjusted gross income is equal to or greater than 275 percent of federal
2.5poverty guidelines and less than or equal to 545 percent of federal poverty guidelines,
2.6the parental contribution shall be determined using a sliding fee scale established by the
2.7commissioner of human services which begins at2.76 percent of adjusted gross income
2.8at 275 percent of federal poverty guidelines and increases to 7.5 percent of adjusted
2.9gross income for those with adjusted gross income up to 545 percent of federal poverty
2.10guidelines;
2.11 (2) if the adjusted gross income is greater than 545 percent of federal poverty
2.12guidelines and less than 675 percent of federal poverty guidelines, the parental
2.13contribution shall be 7.5 percent of adjusted gross income;
2.14 (3) if the adjusted gross income is equal to or greater than 675 percent of federal
2.15poverty guidelines and less than 975 percent of federal poverty guidelines, the parental
2.16contribution shall be determined using a sliding fee scale established by the commissioner
2.17of human services which begins at 7.5 percent of adjusted gross income at 675 percent of
2.18federal poverty guidelines and increases to ten percent of adjusted gross income for those
2.19with adjusted gross income up to 975 percent of federal poverty guidelines; and
2.20 (4) if the adjusted gross income is equal to or greater than 975 percent of federal
2.21poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
2.22 If the child lives with the parent, the annual adjusted gross income is reduced by
2.23$2,400 prior to calculating the parental contribution. If the child resides in an institution
2.24specified in section256B.35 , the parent is responsible for the personal needs allowance
2.25specified under that section in addition to the parental contribution determined under this
2.26section. The parental contribution is reduced by any amount required to be paid directly to
2.27the child pursuant to a court order, but only if actually paid.
2.28 (c) The household size to be used in determining the amount of contribution under
2.29paragraph (b) includes natural and adoptive parents and their dependents, including the
2.30child receiving services. Adjustments in the contribution amount due to annual changes
2.31in the federal poverty guidelines shall be implemented on the first day of July following
2.32publication of the changes.
2.33 (d) For purposes of paragraph (b), "income" means the adjusted gross income of the
2.34natural or adoptive parents determined according to the previous year's federal tax form,
2.35except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
2.36have been used to purchase a home shall not be counted as income.
3.1 (e) The contribution shall be explained in writing to the parents at the time eligibility
3.2for services is being determined. The contribution shall be made on a monthly basis
3.3effective with the first month in which the child receives services. Annually upon
3.4redetermination or at termination of eligibility, if the contribution exceeded the cost of
3.5services provided, the local agency or the state shall reimburse that excess amount to
3.6the parents, either by direct reimbursement if the parent is no longer required to pay a
3.7contribution, or by a reduction in or waiver of parental fees until the excess amount is
3.8exhausted. All reimbursements must include a notice that the amount reimbursed may be
3.9taxable income if the parent paid for the parent's fees through an employer's health care
3.10flexible spending account under the Internal Revenue Code, section 125, and that the
3.11parent is responsible for paying the taxes owed on the amount reimbursed.
3.12 (f) The monthly contribution amount must be reviewed at least every 12 months;
3.13when there is a change in household size; and when there is a loss of or gain in income
3.14from one month to another in excess of ten percent. The local agency shall mail a written
3.15notice 30 days in advance of the effective date of a change in the contribution amount.
3.16A decrease in the contribution amount is effective in the month that the parent verifies a
3.17reduction in income or change in household size.
3.18 (g) Parents of a minor child who do not live with each other shall each pay the
3.19contribution required under paragraph (a). An amount equal to the annual court-ordered
3.20child support payment actually paid on behalf of the child receiving services shall be
3.21deducted from the adjusted gross income of the parent making the payment prior to
3.22calculating the parental contribution under paragraph (b).
3.23 (h) The contribution under paragraph (b) shall be increased by an additional five
3.24percent if the local agency determines that insurance coverage is available but not
3.25obtained for the child. For purposes of this section, "available" means the insurance is a
3.26benefit of employment for a family member at an annual cost of no more than five percent
3.27of the family's annual income. For purposes of this section, "insurance" means health
3.28and accident insurance coverage, enrollment in a nonprofit health service plan, health
3.29maintenance organization, self-insured plan, or preferred provider organization.
3.30 Parents who have more than one child receiving services shall not be required
3.31to pay more than the amount for the child with the highest expenditures. There shall
3.32be no resource contribution from the parents. The parent shall not be required to pay
3.33a contribution in excess of the cost of the services provided to the child, not counting
3.34payments made to school districts for education-related services. Notice of an increase in
3.35fee payment must be given at least 30 days before the increased fee is due.
4.1 (i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
4.2in the 12 months prior to July 1:
4.3 (1) the parent applied for insurance for the child;
4.4 (2) the insurer denied insurance;
4.5 (3) the parents submitted a complaint or appeal, in writing to the insurer, submitted
4.6a complaint or appeal, in writing, to the commissioner of health or the commissioner of
4.7commerce, or litigated the complaint or appeal; and
4.8 (4) as a result of the dispute, the insurer reversed its decision and granted insurance.
4.9 For purposes of this section, "insurance" has the meaning given in paragraph (h).
4.10 A parent who has requested a reduction in the contribution amount under this
4.11paragraph shall submit proof in the form and manner prescribed by the commissioner or
4.12county agency, including, but not limited to, the insurer's denial of insurance, the written
4.13letter or complaint of the parents, court documents, and the written response of the insurer
4.14approving insurance. The determinations of the commissioner or county agency under this
4.15paragraph are not rules subject to chapter 14.
4.16 Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is
4.17amended to read:
4.18 Subdivision 1. Children eligible for subsidized adoption assistance. Medical
4.19assistance may be paid for a child eligible for or receiving adoption assistance payments
4.20under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
4.21676, and to any child who is not title IV-E eligible but who was determined eligible for
4.22adoption assistance under chapter 256N or section259A.10 , subdivision 2, and has a
4.23special need for medical or rehabilitative care.
4.24 Sec. 3. Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a
4.25subdivision to read:
4.26 Subd. 14a. Licensed child foster parent. "Licensed child foster parent" means a
4.27person who is licensed for child foster care under Minnesota Rules, parts 2960.3000 to
4.282960.3340, or licensed by a Minnesota tribe in accordance with tribal standards.
4.29 Sec. 4. Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is
4.30amended to read:
4.31 Subd. 2. Placement in foster care. To be eligible for foster care benefits under this
4.32section, the child must be in placement away from the child's legal parent or guardian
5.1andall of the following criteria must be met must meet the criteria in clause (1) and
5.2either clause (2) or (3):
5.3(1)the legally responsible agency must have placement authority and care
5.4responsibility, including for a child 18 years old or older and under age 21, who maintains
5.5eligibility for foster care consistent with section
260C.451;
5.6(2) the legally responsible agency must have placement authority and care
5.7responsibility to place the child with a voluntary placement agreement or a court order,
5.8consistent with sections260B.198 ,
260C.001 ,
260D.01 , or continued eligibility consistent
5.9with section260C.451 for a child 18 years old or older and under age 21 who maintains
5.10eligibility for foster care; and
5.11(3) (2) the child must be placed in an emergency relative placement under section
5.12245A.035, with a licensed foster family setting, foster residence setting, or treatment
5.13foster care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, a
5.14family foster home licensed or approved by a tribal agency or, for a child 18 years old or
5.15older and under age 21, child foster parent; or
5.16(3) the child must be placed in one of the following unlicensed child foster care
5.17settings:
5.18(i) an emergency relative placement under section 245A.035, with the legally
5.19responsible agency ensuring the relative completes the required child foster care
5.20application process;
5.21(ii) a licensed adult foster home with an approved six-month variance under section
5.22245A.16; or
5.23(iii) for a child 18 years old or older and under age 21 who is eligible for extended
5.24foster care under section 260C.451, an unlicensed supervised independent living setting
5.25approved by the agency responsible for theyouth's child's care.
5.26 Sec. 5. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
5.27subdivision to read:
5.28 Subd. 7. Background study. (a) A county or private agency conducting a
5.29background study for purposes of child foster care licensing or approval must conduct
5.30the study in accordance with chapter 245C and must meet the requirements in United
5.31States Code, title 42, section 671(a)(20).
5.32(b) A tribal organization conducting a background study for purposes of child foster
5.33care licensing or approval must conduct the study in accordance with the requirements in
5.34United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
5.35in United States Code, title 42, section 671(a)(20), when applicable.
6.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is
6.2amended to read:
6.3 Subd. 6. Exclusions. (a) A child with a guardianship assistance agreement under
6.4Northstar Care for Children is not eligible for the Minnesota family investment program
6.5child-only grant under chapter 256J.
6.6(b) The commissioner shall not enter into a guardianship assistance agreement with:
6.7(1) a child's biological parent or stepparent;
6.8(2) an individual assuming permanent legal and physical custody of a child or the
6.9equivalent under tribal code without involvement of the child welfare system; or
6.10(3) an individual assuming permanent legal and physical custody of a child who was
6.11placed in Minnesota by another state or a tribe outside of Minnesota.
6.12 Sec. 7. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is
6.13amended to read:
6.14 Subdivision 1. General eligibility requirements. (a) To be eligible for adoption
6.15assistance under this section, a child must:
6.16(1) be determined to be a child with special needs under subdivision 2;
6.17(2) meet the applicable citizenship and immigration requirements in subdivision 3;
6.18(3)(i) meet the criteria in section 473 of the Social Security Act; or
6.19(ii) have had foster care payments paid on the child's behalf while in out-of-home
6.20placement through the county ortribe and be either under the tribal social service agency
6.21prior to the issuance of a court order transferring the child's guardianshipof to the
6.22commissioner orunder the jurisdiction of a Minnesota tribe and adoption, according
6.23to tribal law, is in the child's documented permanency plan ordering the child a ward
6.24of tribal court; and
6.25(4) have a written, binding agreement under section256N.25 among the adoptive
6.26parent, the financially responsible agency, or, if there is no financially responsible agency,
6.27the agency designated by the commissioner, and the commissioner established prior to
6.28finalization of the adoption.
6.29(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent
6.30or parents must meet the applicable background study requirements in subdivision 4.
6.31(c) A child who meets all eligibility criteria except those specific to title IV-E adoption
6.32assistance shall receive adoption assistance paid through funds other than title IV-E.
6.33(d) A child receiving Northstar kinship assistance payments under section 256N.22
6.34is eligible for adoption assistance when the criteria in paragraph (a) are met and the child's
6.35legal custodian is adopting the child.
7.1 Sec. 8. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is
7.2amended to read:
7.3 Subd. 9. Timing of and requests for reassessments. Reassessments for an eligible
7.4child must be completed within 30 days of any of the following events:
7.5(1) for a child in continuous foster care, when six months have elapsed since
7.6completion of the last assessment the initial assessment, and annually thereafter;
7.7(2) for a child in continuous foster care, change of placement location;
7.8(3) for a child in foster care, at the request of the financially responsible agency or
7.9legally responsible agency;
7.10(4) at the request of the commissioner; or
7.11(5) at the request of the caregiver under subdivision9 10.
7.12 Sec. 9. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10, is
7.13amended to read:
7.14 Subd. 10. Caregiver requests for reassessments. (a) A caregiver may initiate
7.15a reassessment request for an eligible child in writing to the financially responsible
7.16agency or, if there is no financially responsible agency, the agency designated by the
7.17commissioner. The written request must include the reason for the request and the
7.18name, address, and contact information of the caregivers.For an eligible child with a
7.19guardianship assistance or adoption assistance agreement, The caregiver may request a
7.20reassessment if at least six months have elapsed since any previously requested review.
7.21For an eligible foster child, a foster parent may request reassessment in less than six
7.22months with written documentation that there have been significant changes in the child's
7.23needs that necessitate an earlier reassessment.
7.24(b) A caregiver may request a reassessment of an at-risk child for whom a
7.25guardianship assistance or adoption assistance agreement has been executed if the
7.26caregiver has satisfied the commissioner with written documentation from a qualified
7.27expert that the potential disability upon which eligibility for the agreement was based has
7.28manifested itself, consistent with section256N.25, subdivision 3 , paragraph (b).
7.29(c) If the reassessment cannot be completed within 30 days of the caregiver's request,
7.30the agency responsible for reassessment must notify the caregiver of the reason for the
7.31delay and a reasonable estimate of when the reassessment can be completed.
7.32(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,
7.33when a Northstar kinship assistance agreement or adoption assistance agreement under
7.34section 256N.25 has been signed by all parties, no reassessment may be requested or
8.1conducted for up to two years until the Northstar kinship assistance agreement or the
8.2adoption assistance agreement goes into effect or expires.
8.3 Sec. 10. Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:
8.4 Subd. 11. Financial considerations. (a) Payment of relative custody assistance
8.5under a relative custody assistance agreement is subject to the availability of state funds
8.6and payments may be reduced or suspended on order of the commissioner if insufficient
8.7funds are available.
8.8(b)Upon receipt from a local agency of a claim for reimbursement, the commissioner
8.9shall reimburse the local agency in an amount equal to 100 percent of the relative custody
8.10assistance payments provided to relative custodians. The A local agency may not seek and
8.11the commissioner shall not provide reimbursement for the administrative costs associated
8.12with performing the duties described in subdivision 4.
8.13(c) For the purposes of determining eligibility or payment amounts under MFIP,
8.14relative custody assistance payments shall be excluded in determining the family's
8.15available income.
8.16(d) For expenditures made on or before December 31, 2014, upon receipt from a
8.17local agency of a claim for reimbursement, the commissioner shall reimburse the local
8.18agency in an amount equal to 100 percent of the relative custody assistance payments
8.19provided to relative custodians.
8.20(e) For expenditures made on or after January 1, 2015, upon receipt from a local
8.21agency of a claim for reimbursement, the commissioner shall reimburse the local agency as
8.22part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.
8.23 Sec. 11. Minnesota Statutes 2013 Supplement, section 259.35, subdivision 1, is
8.24amended to read:
8.25 Subdivision 1. Parental responsibilities. Prior to commencing an investigation
8.26of the suitability of proposed adoptive parents, a child-placing agency shall give the
8.27individuals the following written notice in all capital letters at least one-eighth inch high:
8.28"Minnesota Statutes,section sections
259.59 and 260C.635, provides provide that
8.29upon legally adopting a child, adoptive parents assume all the rights and responsibilities of
8.30birth parents. The responsibilities include providing for the child's financial support and
8.31caring for health, emotional, and behavioral problems. Except for subsidized adoptions
8.32under Minnesota Statutes, chapter 259A, section 256N.23, or any other provisions of law
8.33that expressly apply to adoptive parents and children, adoptive parents are not eligible for
8.34state or federal financial subsidies besides those that a birth parent would be eligible to
9.1receive for a child. Adoptive parents may not terminate their parental rights to a legally
9.2adopted child for a reason that would not apply to a birth parent seeking to terminate rights
9.3to a child. An individual who takes guardianship of a child for the purpose of adopting the
9.4child shall, upon taking guardianship from the child's country of origin, assume all the
9.5rights and responsibilities of birth and adoptive parents as stated in this paragraph."
9.6 Sec. 12. Minnesota Statutes 2012, section 259.41, subdivision 1, is amended to read:
9.7 Subdivision 1. Study required before placement; certain relatives excepted. (a)
9.8An approved adoption study; completed background study, as required under section
9.9245C.33
; and written report must be completed before the child is placed in a prospective
9.10adoptive home under this chapter, except as allowed by section259.47, subdivision 6 .
9.11In an agency placement, the report must be filed with the court at the time the adoption
9.12petition is filed. In a direct adoptive placement, the report must be filed with the court in
9.13support of a motion for temporary preadoptive custody under section259.47, subdivision
9.143 , or, if the study and report are complete, in support of an emergency order under section
9.15259.47, subdivision 6
. The study and report shall be completed by a licensed child-placing
9.16agency and must be thorough and comprehensive. The study and report shall be paid for
9.17by the prospective adoptive parent, except as otherwise required under section256.01,
9.18subdivision 2, paragraph (h),259.67
, or 256N.25,
259.73 , or 259A.70.
9.19 (b) A placement for adoption with an individual who is related to the child, as
9.20defined by section245A.02, subdivision 13 , is subject to a background study required
9.21by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
9.22case of a stepparent adoption, a background study must be completed on the stepparent
9.23and any children as required under subdivision 3, paragraph (b), except that a child of
9.24the stepparent does not need to have a background study complete if they are a sibling
9.25through birth or adoption of the person being adopted. The local social services agency
9.26of the county in which the prospective adoptive parent lives must initiate a background
9.27study unless a child-placing agency has been involved with the adoption. The local social
9.28service agency may charge a reasonable fee for the background study. If a placement is
9.29being made the background study must be completed prior to placement pursuant to
9.30section259.29, subdivision 1 , paragraph (c). Background study results must be filed with
9.31the adoption petition according to section259.22 , except in an adult adoption where an
9.32adoption study and background study are not needed.
9.33 (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
9.34parent's care, any portions of the foster care licensing process that duplicate requirements of
9.35the home study may be submitted in satisfaction of the relevant requirements of this section.
10.1 Sec. 13. Minnesota Statutes 2013 Supplement, section 609B.445, is amended to read:
10.2609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE
10.3PARENTS; DISQUALIFICATION FOR ADOPTION ASSISTANCE.
10.4Under section 256N.23, subdivision 4, or259A.10, subdivision 4 , a disqualifying
10.5condition for adoption assistance exists if a criminal background check reveals a felony
10.6conviction for child abuse or neglect or spousal abuse; for a crime against children; for
10.7a crime involving violence, including rape, sexual assault, or homicide; or for a felony
10.8conviction within the past five years for physical assault, battery, or a drug-related offense.
10.9 Sec. 14. REVISOR'S INSTRUCTION.
10.10The revisor of statutes shall change the term "guardianship assistance" to "Northstar
10.11kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
10.12refer to the program components related to Northstar Care for Children under Minnesota
10.13Statutes, chapter 256N.
10.16 Section 1. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5,
10.17is amended to read:
10.18 Subd. 5. Special needs. In addition to the state standards of assistance established in
10.19subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
10.20Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
10.21center, or a group residential housing facility.
10.22 (a) The county agency shall pay a monthly allowance for medically prescribed
10.23diets if the cost of those additional dietary needs cannot be met through some other
10.24maintenance benefit. The need for special diets or dietary items must be prescribed by
10.25a licensed physician. Costs for special diets shall be determined as percentages of the
10.26allotment for a one-person household under the thrifty food plan as defined by the United
10.27States Department of Agriculture. The types of diets and the percentages of the thrifty
10.28food plan that are covered are as follows:
10.29 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
10.30 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
10.31of thrifty food plan;
10.32 (3) controlled protein diet, less than 40 grams and requires special products, 125
10.33percent of thrifty food plan;
11.1 (4) low cholesterol diet, 25 percent of thrifty food plan;
11.2 (5) high residue diet, 20 percent of thrifty food plan;
11.3 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
11.4 (7) gluten-free diet, 25 percent of thrifty food plan;
11.5 (8) lactose-free diet, 25 percent of thrifty food plan;
11.6 (9) antidumping diet, 15 percent of thrifty food plan;
11.7 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
11.8 (11) ketogenic diet, 25 percent of thrifty food plan.
11.9 (b) Payment for nonrecurring special needs must be allowed for necessary home
11.10repairs or necessary repairs or replacement of household furniture and appliances using
11.11the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
11.12as long as other funding sources are not available.
11.13 (c) A fee for guardian or conservator service is allowed at a reasonable rate
11.14negotiated by the county or approved by the court. This rate shall not exceed five percent
11.15of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
11.16guardian or conservator is a member of the county agency staff, no fee is allowed.
11.17 (d) The county agency shall continue to pay a monthly allowance of $68 for
11.18restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
11.191990, and who eats two or more meals in a restaurant daily. The allowance must continue
11.20until the person has not received Minnesota supplemental aid for one full calendar month
11.21or until the person's living arrangement changes and the person no longer meets the criteria
11.22for the restaurant meal allowance, whichever occurs first.
11.23 (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
11.24is allowed for representative payee services provided by an agency that meets the
11.25requirements under SSI regulations to charge a fee for representative payee services. This
11.26special need is available to all recipients of Minnesota supplemental aid regardless of
11.27their living arrangement.
11.28 (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
11.29maximum allotment authorized by the federal Food Stamp Program for a single individual
11.30which is in effect on the first day of July of each year will be added to the standards of
11.31assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
11.32as shelter needy and are: (i) relocating from an institution, or an adult mental health
11.33residential treatment program under section256B.0622 ; (ii) eligible for the self-directed
11.34supports option as defined under section256B.0657, subdivision 2 ; or (iii) home and
11.35community-based waiver recipients living in their own home or rented or leased apartment
12.1which is not owned, operated, or controlled by a provider of service not related by blood
12.2or marriage, unless allowed under paragraph (g).
12.3 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
12.4shelter needy benefit under this paragraph is considered a household of one. An eligible
12.5individual who receives this benefit prior to age 65 may continue to receive the benefit
12.6after the age of 65.
12.7 (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
12.8exceed 40 percent of the assistance unit's gross income before the application of this
12.9special needs standard. "Gross income" for the purposes of this section is the applicant's or
12.10recipient's income as defined in section256D.35, subdivision 10 , or the standard specified
12.11in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
12.12state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
12.13considered shelter needy for purposes of this paragraph.
12.14(g) Notwithstanding this subdivision, to access housing and services as provided
12.15in paragraph (f), the recipient may choose housing that may be owned, operated, or
12.16controlled by the recipient's service provider.In a multifamily building of more than four
12.17units, the maximum number of units that may be used by recipients of this program shall
12.18be the greater of four units or 25 percent of the units in the building, unless required by the
12.19Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four
12.20or fewer units, all of the units may be used by recipients of this program. When housing is
12.21controlled by the service provider, the individual may choose the individual's own service
12.22provider as provided in section256B.49, subdivision 23 , clause (3). When the housing is
12.23controlled by the service provider, the service provider shall implement a plan with the
12.24recipient to transition the lease to the recipient's name. Within two years of signing the
12.25initial lease, the service provider shall transfer the lease entered into under this subdivision
12.26to the recipient. In the event the landlord denies this transfer, the commissioner may
12.27approve an exception within sufficient time to ensure the continued occupancy by the
12.28recipient. This paragraph expires June 30, 2016.
12.29 Sec. 2. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
12.30 Subd. 2a. License required. A county agency may not enter into an agreement with
12.31an establishment to provide group residential housing unless:
12.32(1) the establishment is licensed by the Department of Health as a hotel and
12.33restaurant; a board and lodging establishment; a residential care home; a boarding care
12.34home before March 1, 1985; or a supervised living facility, and the service provider
12.35for residents of the facility is licensed under chapter 245A. However, an establishment
13.1licensed by the Department of Health to provide lodging need not also be licensed to
13.2provide board if meals are being supplied to residents under a contract with a food vendor
13.3who is licensed by the Department of Health;
13.4(2) the residence is: (i) licensed by the commissioner of human services under
13.5Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
13.6agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
13.7to 9555.6265;or (iii) a residence licensed by the commissioner under Minnesota Rules,
13.8parts 2960.0010 to 2960.0120, with a variance under section245A.04 , subdivision 9;
13.9 or (iv) licensed by the commissioner as a community residential setting under sections
13.10245D.21 to 245D.26;
13.11(3) the establishment is registered under chapter 144D and provides three meals a
13.12day, or is an establishment voluntarily registered under section144D.025 as a supportive
13.13housing establishment; or
13.14(4) an establishment voluntarily registered under section144D.025 , other than
13.15a supportive housing establishment under clause (3), is not eligible to provide group
13.16residential housing.
13.17The requirements under clauses (1) to (4) do not apply to establishments exempt
13.18from state licensure because they are located on Indian reservations and subject to tribal
13.19health and safety requirements.
13.22 Section 1. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
13.23245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
13.24DEATH IN LICENSED PROGRAMS.
13.25 (a) When a license holder is placing an infant to sleep, the license holder must place
13.26the infant on the infant's back, unless the license holder has documentation from the
13.27infant's physician directing an alternative sleeping position for the infant. The physician
13.28directive must be on a form approved by the commissioner and must remain on file at the
13.29licensed location. An infant who independently rolls onto its stomach after being placed to
13.30sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
13.31six months of age or the license holder has a signed statement from the parent indicating
13.32that the infant regularly rolls over at home.
13.33(b) The license holder must place the infant in a crib directly on a firm mattress with
13.34a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
14.1overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
14.2the sheet with reasonable effort. The license holder must not place anything in the crib with
14.3the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
14.4part 1511. The requirements of this section apply to license holders serving infants younger
14.5than one year of age. Licensed child care providers must meet the crib requirements under
14.6section245A.146 . A correction order shall not be issued under this paragraph unless there
14.7is evidence that a violation occurred when an infant was present in the license holder's care.
14.8(c) If an infant falls asleep before being placed in a crib, the license holder must
14.9move the infant to a crib as soon as practicable, and must keep the infant within sight of
14.10the license holder until the infant is placed in a crib. When an infant falls asleep while
14.11being held, the license holder must consider the supervision needs of other children in
14.12care when determining how long to hold the infant before placing the infant in a crib to
14.13sleep. The sleeping infant must not be in a position where the airway may be blocked or
14.14with anything covering the infant's face.
14.15(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
14.16for an infant of any age and is prohibited for any infant who has begun to roll over
14.17independently. However, with the written consent of a parent or guardian according to this
14.18paragraph, a license holder may place the infant who has not yet begun to roll over on its
14.19own down to sleep in a one-piece sleeper equipped with an attached system that fastens
14.20securely only across the upper torso, with no constriction of the hips or legs, to create a
14.21swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
14.22the license holder must obtain informed written consent for the use of swaddling from the
14.23parent or guardian of the infant on a form provided by the commissioner and prepared in
14.24partnership with the Minnesota Sudden Infant Death Center.
14.25(e) A license holder must be able to show a safe sleep space readily available for
14.26each infant present in the license holder's care. Each safe sleep space must meet the
14.27requirements of this subdivision.
14.28 Sec. 2. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
14.29CARE LICENSE HOLDERS.
14.30 Contractors who serve multiple family child care holders may request that the
14.31county agency maintain a record of:
14.32 (1) the contractor's background study results as required in section 245C.04,
14.33subdivision 7, to verify that the contractor does not have a disqualification or a
14.34disqualification that has not been set aside, and is eligible to provide direct contact services
14.35in a licensed program; and
15.1 (2) the contractor's compliance with training requirements.
15.2 Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
15.3amended to read:
15.4 Subd. 5. Sudden unexpected infant death and abusive head trauma training.
15.5 (a) License holders must document that before staff persons, caregivers, and helpers
15.6assist in the care of infants, they are instructed on the standards in section245A.1435 and
15.7receive training on reducing the risk of sudden unexpected infant death. In addition,
15.8license holders must document that before staff persons, caregivers, and helpers assist in
15.9the care of infants and children under school age, they receive training on reducing the
15.10risk of abusive head trauma from shaking infants and young children. The training in this
15.11subdivision may be provided as initial training under subdivision 1 or ongoing annual
15.12training under subdivision 7.
15.13 (b) Sudden unexpected infant death reduction training required under this subdivision
15.14mustbe at least one-half hour in length and must be completed in person at least once
15.15every two years. On the years when the license holder is not receiving the in-person
15.16training on sudden unexpected infant death reduction, the license holder must receive
15.17sudden unexpected infant death reduction training through a video of no more than one
15.18hour in length developed or approved by the commissioner., at a minimum, the training
15.19must address the risk factors related to sudden unexpected infant death, means of reducing
15.20the risk of sudden unexpected infant death in child care, and license holder communication
15.21with parents regarding reducing the risk of sudden unexpected infant death.
15.22 (c) Abusive head trauma training required under this subdivision mustbe at least
15.23one-half hour in length and must be completed at least once every year., at a minimum,
15.24the training must address the risk factors related to shaking infants and young children,
15.25means of reducing the risk of abusive head trauma in child care, and license holder
15.26communication with parents regarding reducing the risk of abusive head trauma.
15.27(d) Training for family and group family child care providers must be developed
15.28by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
15.29approved by the Minnesota Center for Professional Development. Sudden unexpected
15.30infant death reduction training and abusive head trauma training may be provided in a
15.31single course of no more than two hours in length.
15.32(e) Sudden unexpected infant death reduction training and abusive head trauma
15.33training required under this subdivision must be completed in person or as allowed under
15.34subdivision 10, clause (1) or (2), at least once every two years. On the years when the
15.35license holder is not receiving training in person or as allowed under subdivision 10,
16.1clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
16.2training and abusive head trauma training through a video of no more than one hour in
16.3length. The video must be developed or approved by the commissioner.
16.4EFFECTIVE DATE.This section is effective January 1, 2015.
16.5 Sec. 4. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
16.6to read:
16.7 Subd. 7. Current or prospective contractors serving multiple family child care
16.8license holders. Current or prospective contractors who are required to have a background
16.9study under section 245C.03, subdivision 1, who provide services for multiple family
16.10child care license holders in a single county, and will have direct contact with children
16.11served in the family child care setting, are required to have only one background study
16.12which is transferable to all family child care programs in that county if:
16.13 (1) the county agency maintains a record of the contractor's background study results
16.14which verify the contractor is approved to have direct contact with children receiving
16.15services;
16.16 (2) the license holder contacts the county agency and obtains notice that the current
16.17or prospective contractor is in compliance with background study requirements and
16.18approved to have direct contact with children receiving services; and
16.19 (3) the contractor's background study is repeated every two years.
1.3family services; changing requirements for the Northstar Care for Children
1.4program, background studies, adoption, and licensing; making technical
1.5changes;amending Minnesota Statutes 2012, sections 245C.04, by adding a
1.6subdivision; 256I.04, subdivision 2a; 257.85, subdivision 11; 259.41, subdivision
1.71; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50,
1.8subdivision 5; 252.27, subdivision 2a; 256B.055, subdivision 1; 256D.44,
1.9subdivision 5; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by
1.10adding a subdivision; 256N.22, subdivision 6; 256N.23, subdivision 1; 256N.24,
1.11subdivisions 9, 10; 259.35, subdivision 1; 609B.445; proposing coding for new
1.12law in Minnesota Statutes, chapter 245A.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2013 Supplement, section 252.27, subdivision 2a,
1.17is amended to read:
1.18 Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor
1.19child, including a child determined eligible for medical assistance without consideration of
1.20parental income, must contribute to the cost of services used by making monthly payments
1.21on a sliding scale based on income, unless the child is married or has been married,
1.22parental rights have been terminated, or the child's adoption is subsidized according to
1.23chapter 256N or 259A or through title IV-E of the Social Security Act. The parental
1.24contribution is a partial or full payment for medical services provided for diagnostic,
1.25therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care
1.26services as defined in United States Code, title 26, section 213, needed by the child with a
1.27chronic illness or disability.
2.1 (b) For households with adjusted gross income equal to or greater than 275 percent
2.2of federal poverty guidelines, the parental contribution shall be computed by applying the
2.3following schedule of rates to the adjusted gross income of the natural or adoptive parents:
2.4 (1) if the adjusted gross income is equal to or greater than 275 percent of federal
2.5poverty guidelines and less than or equal to 545 percent of federal poverty guidelines,
2.6the parental contribution shall be determined using a sliding fee scale established by the
2.7commissioner of human services which begins at
2.8at 275 percent of federal poverty guidelines and increases to 7.5 percent of adjusted
2.9gross income for those with adjusted gross income up to 545 percent of federal poverty
2.10guidelines;
2.11 (2) if the adjusted gross income is greater than 545 percent of federal poverty
2.12guidelines and less than 675 percent of federal poverty guidelines, the parental
2.13contribution shall be 7.5 percent of adjusted gross income;
2.14 (3) if the adjusted gross income is equal to or greater than 675 percent of federal
2.15poverty guidelines and less than 975 percent of federal poverty guidelines, the parental
2.16contribution shall be determined using a sliding fee scale established by the commissioner
2.17of human services which begins at 7.5 percent of adjusted gross income at 675 percent of
2.18federal poverty guidelines and increases to ten percent of adjusted gross income for those
2.19with adjusted gross income up to 975 percent of federal poverty guidelines; and
2.20 (4) if the adjusted gross income is equal to or greater than 975 percent of federal
2.21poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
2.22 If the child lives with the parent, the annual adjusted gross income is reduced by
2.23$2,400 prior to calculating the parental contribution. If the child resides in an institution
2.24specified in section
2.25specified under that section in addition to the parental contribution determined under this
2.26section. The parental contribution is reduced by any amount required to be paid directly to
2.27the child pursuant to a court order, but only if actually paid.
2.28 (c) The household size to be used in determining the amount of contribution under
2.29paragraph (b) includes natural and adoptive parents and their dependents, including the
2.30child receiving services. Adjustments in the contribution amount due to annual changes
2.31in the federal poverty guidelines shall be implemented on the first day of July following
2.32publication of the changes.
2.33 (d) For purposes of paragraph (b), "income" means the adjusted gross income of the
2.34natural or adoptive parents determined according to the previous year's federal tax form,
2.35except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
2.36have been used to purchase a home shall not be counted as income.
3.1 (e) The contribution shall be explained in writing to the parents at the time eligibility
3.2for services is being determined. The contribution shall be made on a monthly basis
3.3effective with the first month in which the child receives services. Annually upon
3.4redetermination or at termination of eligibility, if the contribution exceeded the cost of
3.5services provided, the local agency or the state shall reimburse that excess amount to
3.6the parents, either by direct reimbursement if the parent is no longer required to pay a
3.7contribution, or by a reduction in or waiver of parental fees until the excess amount is
3.8exhausted. All reimbursements must include a notice that the amount reimbursed may be
3.9taxable income if the parent paid for the parent's fees through an employer's health care
3.10flexible spending account under the Internal Revenue Code, section 125, and that the
3.11parent is responsible for paying the taxes owed on the amount reimbursed.
3.12 (f) The monthly contribution amount must be reviewed at least every 12 months;
3.13when there is a change in household size; and when there is a loss of or gain in income
3.14from one month to another in excess of ten percent. The local agency shall mail a written
3.15notice 30 days in advance of the effective date of a change in the contribution amount.
3.16A decrease in the contribution amount is effective in the month that the parent verifies a
3.17reduction in income or change in household size.
3.18 (g) Parents of a minor child who do not live with each other shall each pay the
3.19contribution required under paragraph (a). An amount equal to the annual court-ordered
3.20child support payment actually paid on behalf of the child receiving services shall be
3.21deducted from the adjusted gross income of the parent making the payment prior to
3.22calculating the parental contribution under paragraph (b).
3.23 (h) The contribution under paragraph (b) shall be increased by an additional five
3.24percent if the local agency determines that insurance coverage is available but not
3.25obtained for the child. For purposes of this section, "available" means the insurance is a
3.26benefit of employment for a family member at an annual cost of no more than five percent
3.27of the family's annual income. For purposes of this section, "insurance" means health
3.28and accident insurance coverage, enrollment in a nonprofit health service plan, health
3.29maintenance organization, self-insured plan, or preferred provider organization.
3.30 Parents who have more than one child receiving services shall not be required
3.31to pay more than the amount for the child with the highest expenditures. There shall
3.32be no resource contribution from the parents. The parent shall not be required to pay
3.33a contribution in excess of the cost of the services provided to the child, not counting
3.34payments made to school districts for education-related services. Notice of an increase in
3.35fee payment must be given at least 30 days before the increased fee is due.
4.1 (i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
4.2in the 12 months prior to July 1:
4.3 (1) the parent applied for insurance for the child;
4.4 (2) the insurer denied insurance;
4.5 (3) the parents submitted a complaint or appeal, in writing to the insurer, submitted
4.6a complaint or appeal, in writing, to the commissioner of health or the commissioner of
4.7commerce, or litigated the complaint or appeal; and
4.8 (4) as a result of the dispute, the insurer reversed its decision and granted insurance.
4.9 For purposes of this section, "insurance" has the meaning given in paragraph (h).
4.10 A parent who has requested a reduction in the contribution amount under this
4.11paragraph shall submit proof in the form and manner prescribed by the commissioner or
4.12county agency, including, but not limited to, the insurer's denial of insurance, the written
4.13letter or complaint of the parents, court documents, and the written response of the insurer
4.14approving insurance. The determinations of the commissioner or county agency under this
4.15paragraph are not rules subject to chapter 14.
4.16 Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is
4.17amended to read:
4.18 Subdivision 1. Children eligible for subsidized adoption assistance. Medical
4.19assistance may be paid for a child eligible for or receiving adoption assistance payments
4.20under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
4.21676, and to any child who is not title IV-E eligible but who was determined eligible for
4.22adoption assistance under chapter 256N or section
4.23special need for medical or rehabilitative care.
4.24 Sec. 3. Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a
4.25subdivision to read:
4.26 Subd. 14a. Licensed child foster parent. "Licensed child foster parent" means a
4.27person who is licensed for child foster care under Minnesota Rules, parts 2960.3000 to
4.282960.3340, or licensed by a Minnesota tribe in accordance with tribal standards.
4.29 Sec. 4. Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is
4.30amended to read:
4.31 Subd. 2. Placement in foster care. To be eligible for foster care benefits under this
4.32section, the child must be in placement away from the child's legal parent or guardian
5.1and
5.2either clause (2) or (3):
5.3(1)
5.4
5.5
5.6
5.7responsibility to place the child with a voluntary placement agreement or a court order,
5.8consistent with sections
5.9with section
5.10eligibility for foster care; and
5.11
5.12
5.13
5.14
5.15
5.16(3) the child must be placed in one of the following unlicensed child foster care
5.17settings:
5.18(i) an emergency relative placement under section 245A.035, with the legally
5.19responsible agency ensuring the relative completes the required child foster care
5.20application process;
5.21(ii) a licensed adult foster home with an approved six-month variance under section
5.22245A.16; or
5.23(iii) for a child 18 years old or older and under age 21 who is eligible for extended
5.24foster care under section 260C.451, an unlicensed supervised independent living setting
5.25approved by the agency responsible for the
5.26 Sec. 5. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
5.27subdivision to read:
5.28 Subd. 7. Background study. (a) A county or private agency conducting a
5.29background study for purposes of child foster care licensing or approval must conduct
5.30the study in accordance with chapter 245C and must meet the requirements in United
5.31States Code, title 42, section 671(a)(20).
5.32(b) A tribal organization conducting a background study for purposes of child foster
5.33care licensing or approval must conduct the study in accordance with the requirements in
5.34United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
5.35in United States Code, title 42, section 671(a)(20), when applicable.
6.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is
6.2amended to read:
6.3 Subd. 6. Exclusions. (a) A child with a guardianship assistance agreement under
6.4Northstar Care for Children is not eligible for the Minnesota family investment program
6.5child-only grant under chapter 256J.
6.6(b) The commissioner shall not enter into a guardianship assistance agreement with:
6.7(1) a child's biological parent or stepparent;
6.8(2) an individual assuming permanent legal and physical custody of a child or the
6.9equivalent under tribal code without involvement of the child welfare system; or
6.10(3) an individual assuming permanent legal and physical custody of a child who was
6.11placed in Minnesota by another state or a tribe outside of Minnesota.
6.12 Sec. 7. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is
6.13amended to read:
6.14 Subdivision 1. General eligibility requirements. (a) To be eligible for adoption
6.15assistance under this section, a child must:
6.16(1) be determined to be a child with special needs under subdivision 2;
6.17(2) meet the applicable citizenship and immigration requirements in subdivision 3;
6.18(3)(i) meet the criteria in section 473 of the Social Security Act; or
6.19(ii) have had foster care payments paid on the child's behalf while in out-of-home
6.20placement through the county or
6.21prior to the issuance of a court order transferring the child's guardianship
6.22commissioner or
6.23
6.24of tribal court; and
6.25(4) have a written, binding agreement under section
6.26parent, the financially responsible agency, or, if there is no financially responsible agency,
6.27the agency designated by the commissioner, and the commissioner established prior to
6.28finalization of the adoption.
6.29(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent
6.30or parents must meet the applicable background study requirements in subdivision 4.
6.31(c) A child who meets all eligibility criteria except those specific to title IV-E adoption
6.32assistance shall receive adoption assistance paid through funds other than title IV-E.
6.33(d) A child receiving Northstar kinship assistance payments under section 256N.22
6.34is eligible for adoption assistance when the criteria in paragraph (a) are met and the child's
6.35legal custodian is adopting the child.
7.1 Sec. 8. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is
7.2amended to read:
7.3 Subd. 9. Timing of and requests for reassessments. Reassessments for an eligible
7.4child must be completed within 30 days of any of the following events:
7.5(1) for a child in continuous foster care, when six months have elapsed since
7.6
7.7(2) for a child in continuous foster care, change of placement location;
7.8(3) for a child in foster care, at the request of the financially responsible agency or
7.9legally responsible agency;
7.10(4) at the request of the commissioner; or
7.11(5) at the request of the caregiver under subdivision
7.12 Sec. 9. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10, is
7.13amended to read:
7.14 Subd. 10. Caregiver requests for reassessments. (a) A caregiver may initiate
7.15a reassessment request for an eligible child in writing to the financially responsible
7.16agency or, if there is no financially responsible agency, the agency designated by the
7.17commissioner. The written request must include the reason for the request and the
7.18name, address, and contact information of the caregivers.
7.19
7.20reassessment if at least six months have elapsed since any previously requested review.
7.21
7.22
7.23
7.24(b) A caregiver may request a reassessment of an at-risk child for whom a
7.25guardianship assistance or adoption assistance agreement has been executed if the
7.26caregiver has satisfied the commissioner with written documentation from a qualified
7.27expert that the potential disability upon which eligibility for the agreement was based has
7.28manifested itself, consistent with section
7.29(c) If the reassessment cannot be completed within 30 days of the caregiver's request,
7.30the agency responsible for reassessment must notify the caregiver of the reason for the
7.31delay and a reasonable estimate of when the reassessment can be completed.
7.32(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,
7.33when a Northstar kinship assistance agreement or adoption assistance agreement under
7.34section 256N.25 has been signed by all parties, no reassessment may be requested or
8.1conducted for up to two years until the Northstar kinship assistance agreement or the
8.2adoption assistance agreement goes into effect or expires.
8.3 Sec. 10. Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:
8.4 Subd. 11. Financial considerations. (a) Payment of relative custody assistance
8.5under a relative custody assistance agreement is subject to the availability of state funds
8.6and payments may be reduced or suspended on order of the commissioner if insufficient
8.7funds are available.
8.8(b)
8.9
8.10
8.11the commissioner shall not provide reimbursement for the administrative costs associated
8.12with performing the duties described in subdivision 4.
8.13(c) For the purposes of determining eligibility or payment amounts under MFIP,
8.14relative custody assistance payments shall be excluded in determining the family's
8.15available income.
8.16(d) For expenditures made on or before December 31, 2014, upon receipt from a
8.17local agency of a claim for reimbursement, the commissioner shall reimburse the local
8.18agency in an amount equal to 100 percent of the relative custody assistance payments
8.19provided to relative custodians.
8.20(e) For expenditures made on or after January 1, 2015, upon receipt from a local
8.21agency of a claim for reimbursement, the commissioner shall reimburse the local agency as
8.22part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.
8.23 Sec. 11. Minnesota Statutes 2013 Supplement, section 259.35, subdivision 1, is
8.24amended to read:
8.25 Subdivision 1. Parental responsibilities. Prior to commencing an investigation
8.26of the suitability of proposed adoptive parents, a child-placing agency shall give the
8.27individuals the following written notice in all capital letters at least one-eighth inch high:
8.28"Minnesota Statutes,
8.29upon legally adopting a child, adoptive parents assume all the rights and responsibilities of
8.30birth parents. The responsibilities include providing for the child's financial support and
8.31caring for health, emotional, and behavioral problems. Except for subsidized adoptions
8.32under Minnesota Statutes, chapter 259A, section 256N.23, or any other provisions of law
8.33that expressly apply to adoptive parents and children, adoptive parents are not eligible for
8.34state or federal financial subsidies besides those that a birth parent would be eligible to
9.1receive for a child. Adoptive parents may not terminate their parental rights to a legally
9.2adopted child for a reason that would not apply to a birth parent seeking to terminate rights
9.3to a child. An individual who takes guardianship of a child for the purpose of adopting the
9.4child shall, upon taking guardianship from the child's country of origin, assume all the
9.5rights and responsibilities of birth and adoptive parents as stated in this paragraph."
9.6 Sec. 12. Minnesota Statutes 2012, section 259.41, subdivision 1, is amended to read:
9.7 Subdivision 1. Study required before placement; certain relatives excepted. (a)
9.8An approved adoption study; completed background study, as required under section
9.10adoptive home under this chapter, except as allowed by section
9.11In an agency placement, the report must be filed with the court at the time the adoption
9.12petition is filed. In a direct adoptive placement, the report must be filed with the court in
9.13support of a motion for temporary preadoptive custody under section
9.143
9.16agency and must be thorough and comprehensive. The study and report shall be paid for
9.17by the prospective adoptive parent, except as otherwise required under section
9.18subdivision 2, paragraph (h),
9.19 (b) A placement for adoption with an individual who is related to the child, as
9.20defined by section
9.21by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
9.22case of a stepparent adoption, a background study must be completed on the stepparent
9.23and any children as required under subdivision 3, paragraph (b), except that a child of
9.24the stepparent does not need to have a background study complete if they are a sibling
9.25through birth or adoption of the person being adopted. The local social services agency
9.26of the county in which the prospective adoptive parent lives must initiate a background
9.27study unless a child-placing agency has been involved with the adoption. The local social
9.28service agency may charge a reasonable fee for the background study. If a placement is
9.29being made the background study must be completed prior to placement pursuant to
9.30section
9.31the adoption petition according to section
9.32adoption study and background study are not needed.
9.33 (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
9.34parent's care, any portions of the foster care licensing process that duplicate requirements of
9.35the home study may be submitted in satisfaction of the relevant requirements of this section.
10.1 Sec. 13. Minnesota Statutes 2013 Supplement, section 609B.445, is amended to read:
10.2609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE
10.3PARENTS; DISQUALIFICATION FOR ADOPTION ASSISTANCE.
10.4Under section 256N.23, subdivision 4, or
10.5condition for adoption assistance exists if a criminal background check reveals a felony
10.6conviction for child abuse or neglect or spousal abuse; for a crime against children; for
10.7a crime involving violence, including rape, sexual assault, or homicide; or for a felony
10.8conviction within the past five years for physical assault, battery, or a drug-related offense.
10.9 Sec. 14. REVISOR'S INSTRUCTION.
10.10The revisor of statutes shall change the term "guardianship assistance" to "Northstar
10.11kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
10.12refer to the program components related to Northstar Care for Children under Minnesota
10.13Statutes, chapter 256N.
10.16 Section 1. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5,
10.17is amended to read:
10.18 Subd. 5. Special needs. In addition to the state standards of assistance established in
10.19subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
10.20Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
10.21center, or a group residential housing facility.
10.22 (a) The county agency shall pay a monthly allowance for medically prescribed
10.23diets if the cost of those additional dietary needs cannot be met through some other
10.24maintenance benefit. The need for special diets or dietary items must be prescribed by
10.25a licensed physician. Costs for special diets shall be determined as percentages of the
10.26allotment for a one-person household under the thrifty food plan as defined by the United
10.27States Department of Agriculture. The types of diets and the percentages of the thrifty
10.28food plan that are covered are as follows:
10.29 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
10.30 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
10.31of thrifty food plan;
10.32 (3) controlled protein diet, less than 40 grams and requires special products, 125
10.33percent of thrifty food plan;
11.1 (4) low cholesterol diet, 25 percent of thrifty food plan;
11.2 (5) high residue diet, 20 percent of thrifty food plan;
11.3 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
11.4 (7) gluten-free diet, 25 percent of thrifty food plan;
11.5 (8) lactose-free diet, 25 percent of thrifty food plan;
11.6 (9) antidumping diet, 15 percent of thrifty food plan;
11.7 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
11.8 (11) ketogenic diet, 25 percent of thrifty food plan.
11.9 (b) Payment for nonrecurring special needs must be allowed for necessary home
11.10repairs or necessary repairs or replacement of household furniture and appliances using
11.11the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
11.12as long as other funding sources are not available.
11.13 (c) A fee for guardian or conservator service is allowed at a reasonable rate
11.14negotiated by the county or approved by the court. This rate shall not exceed five percent
11.15of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
11.16guardian or conservator is a member of the county agency staff, no fee is allowed.
11.17 (d) The county agency shall continue to pay a monthly allowance of $68 for
11.18restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
11.191990, and who eats two or more meals in a restaurant daily. The allowance must continue
11.20until the person has not received Minnesota supplemental aid for one full calendar month
11.21or until the person's living arrangement changes and the person no longer meets the criteria
11.22for the restaurant meal allowance, whichever occurs first.
11.23 (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
11.24is allowed for representative payee services provided by an agency that meets the
11.25requirements under SSI regulations to charge a fee for representative payee services. This
11.26special need is available to all recipients of Minnesota supplemental aid regardless of
11.27their living arrangement.
11.28 (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
11.29maximum allotment authorized by the federal Food Stamp Program for a single individual
11.30which is in effect on the first day of July of each year will be added to the standards of
11.31assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
11.32as shelter needy and are: (i) relocating from an institution, or an adult mental health
11.33residential treatment program under section
11.34supports option as defined under section
11.35community-based waiver recipients living in their own home or rented or leased apartment
12.1which is not owned, operated, or controlled by a provider of service not related by blood
12.2or marriage, unless allowed under paragraph (g).
12.3 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
12.4shelter needy benefit under this paragraph is considered a household of one. An eligible
12.5individual who receives this benefit prior to age 65 may continue to receive the benefit
12.6after the age of 65.
12.7 (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
12.8exceed 40 percent of the assistance unit's gross income before the application of this
12.9special needs standard. "Gross income" for the purposes of this section is the applicant's or
12.10recipient's income as defined in section
12.11in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
12.12state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
12.13considered shelter needy for purposes of this paragraph.
12.14(g) Notwithstanding this subdivision, to access housing and services as provided
12.15in paragraph (f), the recipient may choose housing that may be owned, operated, or
12.16controlled by the recipient's service provider.
12.17
12.18
12.19
12.20
12.21controlled by the service provider, the individual may choose the individual's own service
12.22provider as provided in section
12.23controlled by the service provider, the service provider shall implement a plan with the
12.24recipient to transition the lease to the recipient's name. Within two years of signing the
12.25initial lease, the service provider shall transfer the lease entered into under this subdivision
12.26to the recipient. In the event the landlord denies this transfer, the commissioner may
12.27approve an exception within sufficient time to ensure the continued occupancy by the
12.28recipient. This paragraph expires June 30, 2016.
12.29 Sec. 2. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
12.30 Subd. 2a. License required. A county agency may not enter into an agreement with
12.31an establishment to provide group residential housing unless:
12.32(1) the establishment is licensed by the Department of Health as a hotel and
12.33restaurant; a board and lodging establishment; a residential care home; a boarding care
12.34home before March 1, 1985; or a supervised living facility, and the service provider
12.35for residents of the facility is licensed under chapter 245A. However, an establishment
13.1licensed by the Department of Health to provide lodging need not also be licensed to
13.2provide board if meals are being supplied to residents under a contract with a food vendor
13.3who is licensed by the Department of Health;
13.4(2) the residence is: (i) licensed by the commissioner of human services under
13.5Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
13.6agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
13.7to 9555.6265;
13.8parts 2960.0010 to 2960.0120, with a variance under section
13.9 or (iv) licensed by the commissioner as a community residential setting under sections
13.10245D.21 to 245D.26;
13.11(3) the establishment is registered under chapter 144D and provides three meals a
13.12day, or is an establishment voluntarily registered under section
13.13housing establishment; or
13.14(4) an establishment voluntarily registered under section
13.15a supportive housing establishment under clause (3), is not eligible to provide group
13.16residential housing.
13.17The requirements under clauses (1) to (4) do not apply to establishments exempt
13.18from state licensure because they are located on Indian reservations and subject to tribal
13.19health and safety requirements.
13.22 Section 1. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
13.23245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
13.24DEATH IN LICENSED PROGRAMS.
13.25 (a) When a license holder is placing an infant to sleep, the license holder must place
13.26the infant on the infant's back, unless the license holder has documentation from the
13.27infant's physician directing an alternative sleeping position for the infant. The physician
13.28directive must be on a form approved by the commissioner and must remain on file at the
13.29licensed location. An infant who independently rolls onto its stomach after being placed to
13.30sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
13.31six months of age or the license holder has a signed statement from the parent indicating
13.32that the infant regularly rolls over at home.
13.33(b) The license holder must place the infant in a crib directly on a firm mattress with
13.34a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
14.1overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
14.2the sheet with reasonable effort. The license holder must not place anything in the crib with
14.3the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
14.4part 1511. The requirements of this section apply to license holders serving infants younger
14.5than one year of age. Licensed child care providers must meet the crib requirements under
14.6section
14.7is evidence that a violation occurred when an infant was present in the license holder's care.
14.8(c) If an infant falls asleep before being placed in a crib, the license holder must
14.9move the infant to a crib as soon as practicable, and must keep the infant within sight of
14.10the license holder until the infant is placed in a crib. When an infant falls asleep while
14.11being held, the license holder must consider the supervision needs of other children in
14.12care when determining how long to hold the infant before placing the infant in a crib to
14.13sleep. The sleeping infant must not be in a position where the airway may be blocked or
14.14with anything covering the infant's face.
14.15(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
14.16for an infant of any age and is prohibited for any infant who has begun to roll over
14.17independently. However, with the written consent of a parent or guardian according to this
14.18paragraph, a license holder may place the infant who has not yet begun to roll over on its
14.19own down to sleep in a one-piece sleeper equipped with an attached system that fastens
14.20securely only across the upper torso, with no constriction of the hips or legs, to create a
14.21swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
14.22the license holder must obtain informed written consent for the use of swaddling from the
14.23parent or guardian of the infant on a form provided by the commissioner and prepared in
14.24partnership with the Minnesota Sudden Infant Death Center.
14.25(e) A license holder must be able to show a safe sleep space readily available for
14.26each infant present in the license holder's care. Each safe sleep space must meet the
14.27requirements of this subdivision.
14.28 Sec. 2. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
14.29CARE LICENSE HOLDERS.
14.30 Contractors who serve multiple family child care holders may request that the
14.31county agency maintain a record of:
14.32 (1) the contractor's background study results as required in section 245C.04,
14.33subdivision 7, to verify that the contractor does not have a disqualification or a
14.34disqualification that has not been set aside, and is eligible to provide direct contact services
14.35in a licensed program; and
15.1 (2) the contractor's compliance with training requirements.
15.2 Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
15.3amended to read:
15.4 Subd. 5. Sudden unexpected infant death and abusive head trauma training.
15.5 (a) License holders must document that before staff persons, caregivers, and helpers
15.6assist in the care of infants, they are instructed on the standards in section
15.7receive training on reducing the risk of sudden unexpected infant death. In addition,
15.8license holders must document that before staff persons, caregivers, and helpers assist in
15.9the care of infants and children under school age, they receive training on reducing the
15.10risk of abusive head trauma from shaking infants and young children. The training in this
15.11subdivision may be provided as initial training under subdivision 1 or ongoing annual
15.12training under subdivision 7.
15.13 (b) Sudden unexpected infant death reduction training required under this subdivision
15.14must
15.15
15.16
15.17
15.18
15.19
15.20the risk of sudden unexpected infant death in child care, and license holder communication
15.21with parents regarding reducing the risk of sudden unexpected infant death.
15.22 (c) Abusive head trauma training required under this subdivision must
15.23
15.24
15.25means of reducing the risk of abusive head trauma in child care, and license holder
15.26communication with parents regarding reducing the risk of abusive head trauma.
15.27(d) Training for family and group family child care providers must be developed
15.28by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
15.29approved by the Minnesota Center for Professional Development. Sudden unexpected
15.30infant death reduction training and abusive head trauma training may be provided in a
15.31single course of no more than two hours in length.
15.32(e) Sudden unexpected infant death reduction training and abusive head trauma
15.33training required under this subdivision must be completed in person or as allowed under
15.34subdivision 10, clause (1) or (2), at least once every two years. On the years when the
15.35license holder is not receiving training in person or as allowed under subdivision 10,
16.1clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
16.2training and abusive head trauma training through a video of no more than one hour in
16.3length. The video must be developed or approved by the commissioner.
16.4EFFECTIVE DATE.This section is effective January 1, 2015.
16.5 Sec. 4. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
16.6to read:
16.7 Subd. 7. Current or prospective contractors serving multiple family child care
16.8license holders. Current or prospective contractors who are required to have a background
16.9study under section 245C.03, subdivision 1, who provide services for multiple family
16.10child care license holders in a single county, and will have direct contact with children
16.11served in the family child care setting, are required to have only one background study
16.12which is transferable to all family child care programs in that county if:
16.13 (1) the county agency maintains a record of the contractor's background study results
16.14which verify the contractor is approved to have direct contact with children receiving
16.15services;
16.16 (2) the license holder contacts the county agency and obtains notice that the current
16.17or prospective contractor is in compliance with background study requirements and
16.18approved to have direct contact with children receiving services; and
16.19 (3) the contractor's background study is repeated every two years.
