|H.F. No. 3376 - Department of Human Services MFIP, Child Care and Child Welfare Policy Bill (Laws 2008, Chapter 361)|
|Author:||Senator Linda Berglin|
|Prepared by:||Joan White, Senate Counsel (651/296-3814)|
|Date:||June 5, 2008|
MFIP Work Participation and Licensing
Section 1 (245C.24, subdivision 2) modifies the DHS Licensing Act, by adding that the commissioner may consider granting a variance for a person in the corrections field.
Section 2 (256.01, subdivision 2) requires the commissioner to allocate federal fiscal disallowances and sanctions that are based on a random sample for all affected programs, not just foster are, in direct proportion to each county's claim for that period.
Section 3 (256J.425, subdivision 1) requires that, in order to maintain eligibility for an MFIP hardship extension, the participant must develop and comply with either an employment plan or a family stabilization services plan.
Section 4 (256J.626, subdivision 3) prohibits a county or tribe from imposing residency requirements, other than the residency requirements in this chapter.
Section 5 (256J.626, subdivision 7) modifies the TANF performance base funds to align the calendar to the federal calendar, and to discontinue the 5% additional allocation.
Section 1 Section 1 (119B.03, subdivision 6) modifies the basic sliding fee child care allocation. Current law requires one-fourth of funds to be allocated based on the number of families in transition year child care as reported during the most recent quarter. The changes in this section of law requires "up to" one-fourth of the funds be allocated in proportion to families in transition year child care averaged over the last six months. A new paragraph is added, requiring excess funds be allocated to counties.
Section 2 (119B.09, subdivision 9) clarifies that employees of licensed and legal nonlicensed child care providers are only eligible for child care assistance when they are engaged in work activities.
Section 3 (119B.231, subdivision 5) clarifies that absent day payment limits do not apply to children receiving care under School Readiness Service Agreements (SRSA).
Section 4 (Child Care Advisory Task Force) requires the Commissioner of Human Services to establish a task force to review child care assistance laws, rules, and polices, and make recommendations to remove barriers facing families applying for child care assistance. The report is due January 15, 2010.
Child Care Technical
Sections 1 and 3 (119B.011, subdivision 17 and 119B.09, subdivision 1) strike obsolete references and make conforming changes.
Section 2 (119B.03, subdivision 1) strikes language requiring the commissioner to provide an estimated child care fund allocation for the two years covered by the plan.
Section 4 (119B.12) updates the child care assistance parent fee schedule as required by legislation passed last session.
Sections 5 and 6 (119B.125, subdivision 1a and 119B.125, subdivision 2) clarify when a county must perform a background study for legal, nonlicensed family child care providers and other household members.
Section 7 (119B.13, subdivision 1) provides that all maximum provider rate changes be implemented on the Monday following the effective date of the rate.
Section 8 (119B.13, subdivision 7) provides that upon statewide implementation of the Minnesota Electronic Child Care System, the provider and the family must receive notification of the number of absent days used.
Sections 9 and 10 (119B.21, subdivision 5 and 119B.21, subdivision 10) allows child care services grants and technical assistance grants to be awarded to legal, nonlicensed providers or family, friend, and neighbor providers, by the child care resource and referral program.
Section 11 and 12 (256E.30, subdivision 1 and 256E.35, subdivision 7) are technical corrections and correct references.
Section 13 is a technical revisor instruction.
MFIP Technical Changes
Section 1 (256J.20, subdivision 3) clarifies that the county agency determines the value of additional vehicles when determining eligibility for MFIP.
Section 2 (256J.24, subdivision 5) is technical; updates the MFIP transitional standard amounts.
Section 3 (256J.521, subdivision 4) is technical; strikes an obsolete reference.
Section 4 (256J.54, subdivision 2) requires the social services agency or job counselor to consult the participant's school in developing an educational plan.
Section 5 (256J.54, subdivision 5) is technical; strikes a reference to a repealed section of law.
Section 6 (256J.545) clarifies documentation related to a family violence waiver.
Section 7 (256J.95, subdivision 3) is technical; corrects a cross reference.
Section 1 (245C.08, subdivision 2) is technical; strikes an obsolete reference.
Section 2 (256E.35, subdivision 2) modifies the Minnesota Family Assets for Independency initiative by defining an "eligible postsecondary institution" to align with federal law.
Section 3 makes the food support simplification provision effective March 1, 2009.
Section 4 repeals Minnesota Statutes 2006, section 256K.25, the Supportive Housing and Managed Care Pilot project, which had a June 30, 2007, sunset date.
Sections 1 to 21 modify the adoption chapter of law.
Sections 1, 3, and 4 (259.20, subdivision 1; 259.22, subdivision 2; 259.23, subdivision 2) are technical terminology modifications related to the new provisions in section 5 authorizing adoption of adults.
Section 2 (259.21, subdivision 2a) adds a definition of "adult adoption."
Section 5 (259.241) establishes a process for adoption of adults and specifies the legal effect of an adult adoption.
Section 6 (259.41, subdivision 1) adds a reference to the public private adoption initiative, related to the payment of the adoption study and report.
Section 7 (259.43) provides a detailed list of what information must be included with regard to a prospective adopted child's health history. The health history would not be required for adult adoptions.
Section 8 (259.52, subdivision 2) relates to the requirement to search the father's adoption registry prior to granting a petition for adoption, by allowing the filing of a certified copy of an order containing a finding that the search was done and was filed with the court to constitute as proof that the search of the registry was completed.
Section 9 (259.53, subdivision 3) allows reports and records of the Commissioner of Human Services, local social services agency, or child-placing agency related to the suitability of the proposed adoptive home and the child to be disclosed to the child's guardian ad litem under certain circumstances.
Sections 10, 11, and 12 (259.57, subdivision 1; 259.59, subdivision 1; 259.59, subdivision 2) are technical terminology changes related to section 5.
Sections 13 and 14 (259.67, subdivision 2; 259.67, subdivision 3) make technical terminology changes related to adult adoptions eliminate the requirements for an adoption assistance affidavit.
Section 15 (259.67, subdivision 3a) allows the commissioner to recoup adoption assistance that was paid in excess of the payment due, even when the overpayment was due to agency error or outside the responsibility and control of the family or provider. The commissioner is required to adopt rules that govern the recovery of the overpayment.
Section 16 (259.67, subdivision 4) expands the eligibility of adoption assistance to include circumstances when a child's relative desires to adopt the child, and it is determined by the placing agency that the adoption is in the best interest of the child. This section clarifies that a child who is adopted by a legal custodian or guardian is not eligible for state-funded adoption assistance.
Section 17 (259.75, subdivision 5) modifies the state adoption exchange, which provides a photograph and description of each child legally freed for adoption, that is available to local social service agencies and licensed child-placing agencies. The modification in this statute requires the registration be withdrawn when the child has been placed in an adoptive home, and strikes the provision that required the withdrawal of registration when a child became 14 years old and will not consent to the adoption plan.
Section 18, 19 and 20 (259.89, subdivisions 1, 2, and 4) streamline access to the original birth record to allow the Minnesota Department of Health to directly exchange information with a county social service or adoption agency, rather than requiring all searches to go through the Department of Human Services.
Section 21 (259.89, subdivision 7) allows a person adopted as an adult to access the person's birth records that existed prior to the adult adoption.
Section 22 (260.835, subdivision 2) extends the expiration of the American Indian Child Welfare Advisory Council from June 30, 2008, to June 30, 2012.
Section 23 (260.853) establishes the Interstate Compact for the Placement of Children, which becomes effective upon legislative enactment of the compact law by no fewer than 35 states. This section of law is consistent with standards related to the placement of children nationwide.
Sections 24 to 40 modify the child protection chapter of law.
Section 24 (260C.001, subdivision 2) modifies the statute related to a child in need of protection or services (CHIPS), by clarifying that when it is necessary to remove a child from the parent's care, the local social services agency has legal authority to remove the child with either a voluntary or court order, and requires the child be placed with a noncustodial parent, in an emergency placement with a relative, or in a licensed foster home.
Sections 25, 26, and 27 (260C.007, subdivisions 5, 6, and 13) modify the definitions of "child abuse", "child in need of protection or services" and "domestic child abuse" so they are consistent with the definitions in chapter 626.
Sections 28 and 29 (260C.101, subdivision 2; 260C.141, subdivision 2) make changes related to court jurisdiction, petition, and review of foster care status of the voluntary placement agreement established under chapter 260D.
Section 30 (260C.163, subdivision 1) relates to CHIPS court proceedings, by confirming that the hearings are open to the public, and striking language that excludes the general public from the hearings, but allows the court to close any hearing and the records related to any matter as provided in court rules.
Section 31 (260C.171, subdivision 2) eliminates statutory language dealing with access to records from proceedings involving CHIPS or termination of parental rights and provides that accessibility will be governed by court rules.
Section 32 (260C.178, subdivision 1) relates to an emergency removal hearing, by clarifying that the court can order the child into the home on the noncustodial parent, or may return the child to the parent with conditions the court determines to be appropriate to meet the safety, health, and welfare of the child.
Section 33 (260C.205) modifies the court findings related to the voluntary foster care for treatment provisions established under chapter 260D.
Sections 34 to 36 (260C.209, subdivisions 1, 2, 5) clarify that the social services agency shall conduct a background study to assess whether it is safe for a child to be in the care of a custodial or noncustodial parent. This study does not substitute for a background study required under chapter 245C.
Section 37 (260C.212, subdivision 1) modifies the out-of-home placement plan related to the voluntary foster care for treatment provisions under chapter 260D.
Section 38 (260C.212, subdivision 4) requires that a child aging out of foster care be given at no cost a copy of the child's social and medical history, and education report.
Section 39 (260C.212, subdivision 4a) requires monthly visits by caseworkers to every child in foster care or on a trial home visit, and sets standards for those visits, consistent with federal requirements.
Section 40 (260C.212, subdivision 7) clarifies the administrative review of the out-of-home placement plan. This section also specifies that if the juvenile is age 17 or older, the court shall review the independent living plan for the juvenile, and ensure that services and planning will prepare the juvenile for independent living upon discharge from foster care.
Section 41 (260C.212, subdivision 8) modifies the voluntary foster care court review related to the voluntary foster care for treatment provisions established in chapter 260D.
Sections 42 and 43 (260C.325, subdivisions 1 and 3) relate to court's authority to transfer guardianship and legal custody of a child to the Commissioner of Human Services.
Sections 44 to 53 establish a new chapter of law related to children who are voluntarily placed in foster care for treatment.
Section 44 (260D.001) provides the scope of the new chapter of law relating to children in voluntary foster care for treatment. This chapter of law applies when a child is emotionally disturbed or developmentally disabled or has a related condition, and is in foster care under a voluntary foster care agreement between the child's parent and the agency. The voluntary placement agreement is between the agency and the parent, providing that the child's level of care requires placement in foster care based on a determination by the agency's screening team.
Section 45 (260D.005) provides the definitions for the new chapter of law.
Section 46 (260D.101) provides when a voluntary foster care agreement is required.
Section 47 (260D.102) requires the agency to inform a child, age 12 or older, of the rights listed in this section of law.
Section 48 (260D.103) requires an administrative review, as provided under the child protection chapter of law.
Section 49 (260D.105) provides the requirements for the judicial review after the placement of a child in foster care for treatment, and the requirements for the agency report to the court.
Section 50 (260D.107) requires a permanency review hearing when the court finds that the voluntary placement is in the best interests of the child, set no later than 14 months after the child is placed in treatment. This section sets forth the requirements of the court in the permanency review hearing.
Section 51 (260D.109) requires an annual court review of the child's foster care placement.
Section 52 (260D.201) provides that a child may remain in foster care for treatment under certain circumstances after the court terminates jurisdiction over the case.
Section 53 (260D.301) provides when and how a voluntary placement agreement may be terminated.
Section 54 (524.2-114) is a technical terminology change consistent with new provisions in the bill authorizing adult adoptions.
Section 55 (626.556, subdivision 7) provides that the local welfare agency must determine whether to accept a report of alleged maltreatment within 24 hours after the report has been received.
Section 56 (626.556, subdivision 10a) changes the term "harm" to "injury" related to the local agency making a maltreatment determination.
Section 57 (Targeted Case Management Services for Children) requires the Commissioner of Human Services to seek an amendment to the state plan to provide targeted case management services to children with developmental disabilities.
Section 58 is a Revisor Instruction related to the new interstate compact on the placement of children.
Section 59, paragraph (a), repeals the old interstate compact on the placement of children, which is replaced by Section 25, effective upon legislative enactment of the new interstate compact by no fewer than 35 states. The Commissioner of Human Services shall inform the Revisor of Statutes when this occurs.
Paragraph (b) repeals sections 260B.241 and 260C.207, which require annual reports on achievement of goals of court-ordered out-of-home placements prepared for the legislature by the Commissioners of Human Services and Corrections.
Paragraph (c) repeals a rule related to the affidavit requirement stricken in section 16.
Sections 1 and 2 (13.46, subdivisions 12 and 13) amend the welfare data statute to include data collected by child care resource and referral programs and data collected by family, a friend, and neighbor grantees.
Section 3 amends an uncodified law enacted last session requiring the Commissioner of Human Services to develop and phase in the implementation of a professional development system for practitioners serving children in early childhood and school age programs. New data classification provisions are included. Data collected under this section would be welfare data but not licensing data. Data on individuals who are licensed family child care providers would be private. The Commissioner may disclose nonpublic data under specified circumstances.
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