1.1.................... moves to amend H.F. No. 577 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [256N.01] CITATION.
1.4Sections 256N.01 to 256N.09 may be cited as the "Protecting Children and
1.5Strengthening Families Act," hereafter the "act." This act defines public child welfare
1.6policy, sets state priorities, creates accountability mechanisms for achieving improved
1.7outcomes for children and families, and establishes a fund to address the safety,
1.8permanency, and well-being needs of children and adolescents who come to the attention
1.9of the county as a result of a report of child maltreatment pursuant to section 626.556 or
1.10are otherwise the responsibility of the county.

1.11    Sec. 2. [256N.02] PUBLIC POLICY.
1.12    Subdivision 1. General. The legislature hereby declares that the public policy
1.13of the state is:
1.14(1) first and foremost, children should be safe from harm and protected from abuse
1.15and neglect;
1.16(2) children should be maintained safely in their homes whenever possible and
1.17appropriate;
1.18(3) when the ability of parents to keep their children safe is compromised it is in
1.19the public interest to intervene early and provide services that promote parents' protective
1.20capacities, mitigate risks of harm, and strengthen and support parents in their care giving
1.21roles;
1.22(4) children should grow up in safe, permanent and nurturing homes and, when it is
1.23not possible for their parents to provide safety and permanency, alternative permanency
1.24options must be made available to children as quickly as possible;
2.1(5) whenever possible, alternative permanency options should be with children's
2.2relatives or kin in order to maintain family relationships and preserve connections with
2.3their communities and culture; and
2.4(6) once permanency is achieved, children and their families should receive the
2.5services and supports necessary to maintain safe, stable, and permanent homes.
2.6    Subd. 2. Racial disparities in child welfare. It is further the policy of the state to
2.7reduce racial disparities and disproportionality that exists in the child welfare system by:
2.8(1) identifying and addressing structural factors contributing to inequities in
2.9outcomes;
2.10(2) identifying and implementing promising and evidence-based strategies to reduce
2.11racial disparities in treatment and outcomes;
2.12(3) using cultural values, beliefs and practices of families, communities and tribes to
2.13shape family assessment, case planning, case service design, and case decision making
2.14processes;
2.15(4) using placement and reunification strategies that maintain, honor, and support
2.16relationships and connections between parents, siblings, children, kin, and significant
2.17others, giving priority to kinship placements when placement is necessary; and
2.18(5) supporting families in the context of their communities and tribes so as to safely
2.19divert them away from the child welfare system, whenever possible.

2.20    Sec. 3. [256N.03] PUBLIC PRIORITIES.
2.21A broad continuum of services and a reform of practice are necessary across
2.22Minnesota to keep children safe from abuse and neglect, prevent the trauma associated
2.23with removing a child from their family home, and provide families with the necessary
2.24supports and services to protect and nurture their children. Successful implementation
2.25of state policy must result in improved outcomes for children and families and must be
2.26measured by:
2.27(1) improved timeliness to initial investigations;
2.28(2) increased monthly caseworker visits;
2.29(3) reduced out-of-home placements;
2.30(4) reduced re-entry;
2.31(5) reduced recidivism;
2.32(6) reduced number of children aging out of foster care without achieving
2.33permanency;
2.34(7) improved rate of relative care;
2.35(8) improved stability in foster care; and
3.1(9) reduced racial and ethnic disparities and disproportionality.

3.2    Sec. 4. [256N.04] DEFINITIONS.
3.3    Subdivision 1. Scope. For the purposes of sections 256N.01 to 256N.09, the terms
3.4defined in this section have the meanings given them.
3.5    Subd. 2. Adoptive care. "Adoptive care" means care to an adopted special needs
3.6child under section 259.67.
3.7    Subd. 3. Child protection investigation. "Child protection investigation" means
3.8fact gathering by the child welfare agency related to the current safety of the child and the
3.9risk of subsequent maltreatment that determines whether child maltreatment occurred and
3.10whether child protective services are needed.
3.11    Subd. 4. Children services. "Children services" means services provided or
3.12arranged for by county boards for infants, children, and adolescents and may include,
3.13but are not limited to: child protection investigation, family assessment response,
3.14family-based crisis services, family foster care, family preservation services, foster care,
3.15independent living services, permanency services, postpermanency support services,
3.16reunification services, subsidized guardianship, and support for at-risk families.
3.17    Subd. 5. Commissioner. "Commissioner" means the commissioner of human
3.18services or the commissioner's designee.
3.19    Subd. 6. County board. "County board" means the board of county commissioners
3.20in each county.
3.21    Subd. 7. Family assessment response. "Family assessment response" means a
3.22comprehensive assessment of child safety, risk of subsequent maltreatment, and family
3.23strengths and needs that is applied to a child maltreatment report that does not allege
3.24substantial child endangerment. Family assessment response includes assessing the need
3.25for services and may include the provision of time-limited services.
3.26    Subd. 8. Family-based crisis services. "Family-based crisis services" means
3.27services provided to a family in the home, within 24 hours of referral, to help the family
3.28resolve a relationship crisis to prevent placing a child outside of the home.
3.29    Subd. 9. Foster care. "Foster care" means 24-hour substitute care in a family home
3.30or facility licensed under Minnesota Rules, chapter 2960, for children placed away from
3.31their parents or guardian and for whom a responsible social services agency has placement
3.32and care responsibility pursuant to a court order or voluntary placement agreement. Foster
3.33care includes an emergency placement of a child in the home of a relative who has not yet
4.1completed the licensure process. Services are provided to children who are in immediate
4.2need of out of home placement until a plan of care is established.
4.3    Subd. 10. Family preservation services. "Family preservation services" means
4.4services designed to maintain children in the home or in an outside setting, if needed to
4.5help the family resolve personal, family, or situational problems. These services are
4.6provided to prevent placement of a child outside of the home or so that a child can be
4.7returned home from placement.
4.8    Subd. 11. Guardianship assistance. "Guardianship assistance" means financial
4.9support to relatives who accept permanent and legal custody of a related child as a result
4.10of a permanency proceeding under section 260C.317.
4.11    Subd. 12. Human services board. "Human services board" means a board
4.12established under section 402.02; Laws 1974, chapter 293; or Laws 1976, chapter 340.
4.13    Subd. 13. Independent living services. "Independent living services" means
4.14individual or group services designed to assist youth, ages 14 through 20, who are in
4.15out-of-home placement, to prepare them for independent living. Eligible youth can
4.16receive services until their 21st birthday. Services include an independent living skills
4.17assessment and the development of an independent living plan by a case manager.
4.18Services may include training in daily living skills, service coordination, educational and
4.19career assistance, driver's education or transportation use, and the funding of activities
4.20that promote self-reliance and self-esteem.
4.21    Subd. 14. Permanency services. "Permanency services" means services designed
4.22to plan for and finalize a safe and legally permanent alternative home for the child within
4.23the timelines of section 260C.201, subdivision 11, when a child cannot return to the parent
4.24or guardian from whom they were removed. It also includes considering other permanent
4.25alternative homes for a child, preferably through adoption or transfer of permanent legal
4.26and physical custody of the child. Concurrent permanency planning and family group
4.27decision-making are included as permanency services.
4.28    Subd. 15. Postpermanency support services. "Postpermanency support services"
4.29means services designed to improve the likelihood that a child who has been in
4.30out-of-home placement will be able to remain in their permanency situation, whether that
4.31is reunification with their families, transfer of permanent legal and physical custody to a
4.32relative, or in a finalized adoption.
4.33    Subd. 16. Reunification services. "Reunification services" means services,
4.34including family group decision-making, provided to a child and their legal caregiver to
4.35facilitate the safe return of the child to the home. Specific services are provided by the
5.1local agency with legal responsibility pursuant to a court order or voluntary placement
5.2agreement, and are in the out-of-home placement plan.
5.3    Subd. 17. Services for at-risk families. "Services for at-risk families" means
5.4voluntary services that are designed to reduce the likelihood of any future maltreatment
5.5for families who have a maltreatment report that is not accepted under section 626.556,
5.6are self referred or referred by a community provider, or who are on the Minnesota family
5.7investment program under chapter 256J.

5.8    Sec. 5. [256N.05] USE OF FUNDS.
5.9Funds under this act may be used to provide services under this act, or other services
5.10needed based on an individualized assessment of the child and family. Funds must be
5.11directed in the following order of priority:
5.12(1) family assessment response, time-limited targeted services and child protection
5.13investigations;
5.14(2) support for at-risk families;
5.15(3) postpermanency support services;
5.16(4) independent living services;
5.17(5) family support and family preservation services;
5.18(6) family-based crisis services;
5.19(7) reunification services;
5.20(8) permanency services; and
5.21(9) foster care.

5.22    Sec. 6. [256N.06] DUTIES OF COMMISSIONER OF HUMAN SERVICES.
5.23    Subdivision 1. General supervision. In order to achieve the goals of this act,
5.24the commissioner shall allocate funds, provide assistance, evaluate the performance of
5.25counties, and ensure accountability for achieving improved outcomes for children and
5.26families.
5.27    Subd. 2. Allocation of funds. Each year the commissioner shall allocate available
5.28funds to each county with an approved plan according to section 256N.07 and meeting the
5.29requirements under this act. Funds must be allocated according to section 256N.08.
5.30    Subd. 3. Assistance. The commissioner shall:
5.31(1) provide training, technical assistance, and other supports to each county to
5.32assist in needs assessment, planning, monitoring of outcomes and service quality, and
5.33implementation of program improvement plans;
5.34(2) request waivers from federal programs as necessary to implement this act; and
6.1(3) have authority under sections 14.055 and 14.056 to grant a variance to existing
6.2state rules as needed to eliminate barriers to achieving desired outcomes.
6.3    Subd. 4. Accountability. (a) The commissioner shall maintain a quality assurance
6.4system that measures county performance on federal and state outcome measures and
6.5performance items regarding child safety, permanency, and well being and determine the
6.6status of the public priorities identified in 256N.03. Performance measures may include:
6.7(1) timeliness to initial investigation;
6.8(2) monthly caseworker visits;
6.9(3) rate of entry into foster care;
6.10(4) rate of re-entry;
6.11(5) rate of recidivism;
6.12(6) number of children aging out of foster care without achieving permanency;
6.13(7) rate of relative care;
6.14(8) foster care stability; and
6.15(9) other federal or state performance measures.
6.16Performance measures may be modified by the federal Department of Health and
6.17Human Services or the commissioner. The quality assurance system must support
6.18and measure continuous quality improvement and work with counties to develop and
6.19implement program improvement plans in any areas in which the county is not in
6.20substantial conformity with federal and state performance standards.
6.21(b) The commissioner shall:
6.22(1) use data collection, evaluation of outcomes, and the review and approval of
6.23county plans to supervise county performance in the delivery of services to children
6.24and families;
6.25(2) specify requirements for reports, including fiscal reports to account for funds
6.26distributed; and
6.27(3) adjust allocations to a county based on the commissioner's determination
6.28regarding county performance under the act.
6.29(c) The following steps must be taken when the commissioner has determined that a
6.30county has failed to meet performance standards and address the priorities under this act,
6.31or failed to develop and implement a program improvement plan:
6.32(1) the commissioner shall notify the county, by mail, of the standards which the
6.33county has not achieved;
6.34(2) the county has 60 days from notification to develop a program improvement plan
6.35and submit it to the commissioner for approval; and
7.1(3) if the county fails to demonstrate achievement or fails to implement a program
7.2improvement plan approved by the commissioner, the commissioner may withhold the
7.3county's share of state or federal funds under this act. The commissioner may withhold
7.4future allocations until the county has achieved the standards applicable to the program
7.5or has developed and implemented a program improvement plan. If a county does not
7.6achieve standards to develop and implement a program improvement plan for more than
7.7six consecutive months, the commissioner may reallocate the withheld funds to counties
7.8that have achieved standards or are working to achieve them.

7.9    Sec. 7. [256N.07] PLAN.
7.10    Subdivision 1. Plan submitted to commissioner. Effective January 1, 2011, and
7.11each two-year period thereafter, each county shall have a biennial plan approved by the
7.12commissioner that addresses the public policy and priorities of this act in order to receive
7.13funds. The plan may be combined with other plans required by the commissioner and
7.14counties may submit multicounty or regional plans.
7.15    Subd. 2. Contents. The plan must be completed in a form prescribed by the
7.16commissioner. The plan must include:
7.17(1) strategies the county must implement to keep children safe in their own homes
7.18and support families in the context of their communities and tribes so as to safely divert
7.19them away from the child welfare system, whenever possible;
7.20(2) strategies the county must engage in to address each of the public priorities
7.21identified in section 256N.03;
7.22(3) strategies that the county must engage in to maintain connections between family
7.23members and significant others, giving priority to kinship placements, when placement is
7.24necessary;
7.25(4) strategies that address disparities in out-of-home placement for African-American
7.26and American Indian children in their county and other populations of children
7.27disproportionately represented, and when placement is necessary the strategies that must
7.28be employed to maintain children's familial and cultural connections;
7.29(5) performance targets on state and federal indicators measuring outcomes of child
7.30safety, permanency, and well-being;
7.31(6) strategies the county must implement to achieve the performance targets,
7.32including specification of how funds under this section and other community resources
7.33must be used to achieve desired performance targets; and
7.34(7) a description of the county's process to solicit public input and a summary of
7.35that input.
8.1    Subd. 3. Timelines. The preliminary plan must be submitted to the commissioner
8.2by October 15, 2010, and October 15 of every two years thereafter.
8.3    Subd. 4. Public comment. The county board shall determine how citizens in the
8.4county will participate in the development of the plan and provide opportunities for
8.5such participation. The county shall allow a period of no less than 30 days prior to the
8.6submission of the plan to the commissioner to solicit comments from the public on the
8.7contents of the plan.
8.8    Subd. 5. Commissioner's responsibilities. The commissioner shall, within 60
8.9days of receiving each county plan, inform the county if the plan has been approved.
8.10If the plan is not approved, the commissioner shall inform the county of any revisions
8.11needed for approval.

8.12    Sec. 8. [256N.08] GRANT ALLOCATION.
8.13    Subdivision 1. Determination. The commissioner shall annually determine whether
8.14a county has met the requirements under this act. In making this determination, the
8.15commissioner shall consider factors addressed by the county in its plan under section
8.16256N.07, whether the county fully participated in the state quality assurance process, and
8.17actual county performance on measures of child safety, permanency, and well-being. The
8.18commissioner shall continue to measure and monitor performance, and counties shall
8.19continue to develop and employ appropriate strategies and procedures to continuously
8.20improve their services and outcomes. Performance standards for these measures must be
8.21determined by the commissioner in consultation with counties, and must include those
8.22prescribed by the federal Department of Human Services and those unique to the state.
8.23    Subd. 2. Grant formula. (a) Beginning July 10, 2011, counties shall receive the
8.24same allocation as was received the previous year under chapter 256M proportionately
8.25to state Children and Community Services Act and federal Title XX funds that are
8.26attributable to children services as determined by the commissioner. Allocations must be
8.27comprised of both state appropriations under this act and federal Title XX funds, except
8.28for Title XX funds allocated for administrative purposes and migrant day care. Beginning
8.29July 10, 2012, the amount of money allocated to counties must first be allocated in
8.30amounts equal to each county's guaranteed floor according to subdivision 3 provided they
8.31meet the requirements under subdivision 1, and second, any remaining available funds
8.32must be allocated as provided in paragraphs (b) to (f).
8.33(b) Beginning July 10, 2012, ninety percent of remaining funds must be allocated
8.34proportionally to counties based on the previous year's allocation and ten percent must be
8.35allocated by the following formula:
9.1(1) 50 percent of the funds must be allocated based on the county's performance on
9.2the state and federal standards and the public priorities identified in section 256N.03 as
9.3determined by the commissioner for that county;
9.4(2) 30 percent of the funds must be allocated based on the county's percentage
9.5share of the number of accepted maltreatment reports in the most recent calendar year
9.6available as determined by the commissioner;
9.7(3) ten percent of the funds must be allocated based on the county's percentage share
9.8of the number of reports of family assessments and services to at-risk families, as defined
9.9by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
9.10as determined by the commissioner; and
9.11(4) ten percent of the funds must be allocated based on the average monthly
9.12caseloads in each county in the Minnesota family investment program in the most recent
9.13calendar year available as determined by the commissioner.
9.14(c) Beginning July 10, 2013, 70 percent of remaining funds must be allocated
9.15proportionally to counties based on the previous year's allocation and 30 percent must be
9.16allocated by the following formula:
9.17(1) 50 percent of the funds must be allocated based on the county's performance on
9.18the state and federal standards and the public priorities identified in section 256N.03 as
9.19determined by the commissioner for that county;
9.20(2) 30 percent of the funds must be allocated based on the county's percentage
9.21share of the number of accepted maltreatment reports in the most recent calendar year
9.22available as determined by the commissioner;
9.23(3) ten percent of the funds must be allocated based on the county's percentage share
9.24of the number of reports of family assessments and services to at-risk families, as defined
9.25by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
9.26as determined by the commissioner; and
9.27(4) ten percent of the funds must be allocated based on the average monthly
9.28caseloads in each county in the Minnesota family investment program in the most recent
9.29calendar year available as determined by the commissioner.
9.30(d) Beginning July 10, 2014, 40 percent of remaining funds must be allocated
9.31proportionally to counties based on the previous year's allocation and 60 percent must be
9.32allocated by the following formula:
9.33(1) 50 percent of the funds must be allocated based on the county's performance on
9.34the state and federal standards and the public priorities identified in section 256N.03 as
9.35determined by the commissioner for that county;
10.1(2) 30 percent of the funds must be allocated based on the county's percentage
10.2share of the number of accepted maltreatment reports in the most recent calendar year
10.3available as determined by the commissioner;
10.4(3) ten percent of the funds must be allocated based on the county's percentage share
10.5of the number of reports of family assessments and services to at-risk families, as defined
10.6by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
10.7as determined by the commissioner; and
10.8(4) ten percent of the funds must be allocated based on the average monthly
10.9caseloads in each county in the Minnesota family investment program in the most recent
10.10calendar year available as determined by the commissioner.
10.11(e) Beginning July 10, 2014, ten percent of remaining funds must be allocated
10.12proportionally to counties based on the previous year's allocation and 90 percent must be
10.13allocated by the following formula:
10.14(1) 50 percent of the funds must be allocated based on the county's performance on
10.15the state and federal standards and the public priorities identified in section 256N.03 as
10.16determined by the commissioner for that county;
10.17(2) 30 percent of the funds must be allocated based on the county's percentage
10.18share of the number of accepted maltreatment reports in the most recent calendar year
10.19available as determined by the commissioner;
10.20(3) ten percent of the funds must be allocated based on the county's percentage share
10.21of the number of reports of family assessments and services to at-risk families, as defined
10.22by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
10.23as determined by the commissioner; and
10.24(4) ten percent of the funds must be allocated based on the average monthly
10.25caseloads in each county in the Minnesota family investment program in the most recent
10.26calendar year available as determined by the commissioner.
10.27(f) Beginning July 10, 2015, 100 percent of remaining funds must be allocated
10.28by the following formula:
10.29(1) 50 percent of the funds must be allocated based on the county's performance on
10.30the state and federal standards and the public priorities identified in section 256N.03 as
10.31determined by the commissioner for that county;
10.32(2) 30 percent of the funds must be allocated based on the county's percentage
10.33share of the number of accepted maltreatment reports in the most recent calendar year
10.34available as determined by the commissioner;
10.35(3) ten percent of the funds shall be allocated based on the county's percentage share
10.36of the number of reports of family assessments and services to at-risk families, as defined
11.1by section 256N.04, subdivisions 7 and 17, in the most recent calendar year available
11.2as determined by the commissioner; and
11.3(4) ten percent of the funds must be allocated based on the average monthly
11.4caseloads in each county in the Minnesota family investment program in the most recent
11.5calendar year available as determined by the commissioner.
11.6    Subd. 3. Guaranteed floor. The guaranteed floor portion of funds must be 25
11.7percent of the total allocation. Each county must be allocated a guaranteed floor based on
11.8the population of the county under age 19 years as compared to the state as a whole as
11.9determined by the most recent data from the state demographer's office. When the amount
11.10of funds available for allocation is less than the amount available in the previous year,
11.11each county's allocation must be reduced in proportion to the reduction in the statewide
11.12funding, to establish each county's guaranteed floor.
11.13    Subd. 4. Payments. Calendar year state allocations under subdivision 1 must be
11.14paid to counties on or before July 10 of each year. Federal Title XX funds must be
11.15allocated as permissible under federal law and regulations.

11.16    Sec. 9. [256N.09] DUTIES OF COUNTY BOARDS.
11.17    Subdivision 1. Responsibilities. The county or human services board of each
11.18county are responsible for administration and funding of children services in order to
11.19achieve the public policy and priorities identified in sections 256N.02 and 256N.03. The
11.20county board shall use funds under this act to support the strategies identified in its plan
11.21under section 256N.07.
11.22    Subd. 2. Reports. The county shall provide necessary reports and data as required
11.23by the commissioner.
11.24    Subd. 3. Exemption from liability. The state of Minnesota and the county in
11.25the implementation and administration of services under this act must not be liable
11.26for damages, injuries, or liabilities sustained through the purchase of services by the
11.27individual, the individual's family, or the authorized representative under this section.
11.28    Subd. 4. Fees for services. The county may establish a schedule of fees based upon
11.29clients' ability to pay to be charged to recipients of children services. Payment, in whole or
11.30in part, for services may be accepted from any person except that no fee may be charged to
11.31persons or families whose adjusted gross household income is below the federal poverty
11.32level. When services are provided to any person, including a recipient of aid administered
11.33by the federal, state, or county government, payment of any charges due may be billed to
11.34and accepted from a public assistance agency or from any public or private corporation.
12.1    Subd. 5. Denial, reduction, or termination of services due to fiscal limitations.
12.2Before a county denies, reduces, or terminates services to an individual, the county shall
12.3notify the individual and the individual's guardian in writing of the reason for the denial,
12.4reduction, or termination of services and their right to a fair hearing under section 256.045
12.5and that the county will, upon request, meet to discuss alternatives before services are
12.6terminated or reduced.

12.7    Sec. 10. EFFECTIVE DATE.
12.8Sections 1 to 9 are effective January 1, 2011.

12.9    Sec. 11. REVISOR'S INSTRUCTION.
12.10The revisor shall renumber section 256M.20, subdivision 3, as 256.01, subdivision
12.1129, paragraph (a), and section 256M.20, subdivision 4, as section 256.01, subdivision 29,
12.12paragraph (b), and correct any internal cross references resulting from this renumbering.
12.13The revisor shall make any necessary technical, grammatical, or punctual changes to
12.14accomplish this renumbering."
12.15Renumber the sections in sequence and correct the internal references
12.16Amend the title accordingly