1.1.................... moves to amend H.F. No. 739 as follows:
1.2Page 5, line 25, delete "
their family" and insert "
relatives of the child"
1.3Page 5, line 26, delete "
members"
1.4Page 7, after line 11, insert:
1.5 "Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision
1.6to read:
1.7 Subd. 9. Personal statement. If a county agency determines that an applicant is
1.8ineligible due to not meeting eligibility requirements of chapter 256D, a county agency
1.9may accept a signed personal statement from the applicant in lieu of documentation
1.10verifying ineligibility.
1.11 Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
1.12 Subdivision 1.
Verification. (a) The county agency shall request, and applicants
1.13and recipients shall provide and verify, all information necessary to determine initial and
1.14continuing eligibility and assistance payment amounts. If necessary, the county agency
1.15shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient
1.16refuses or fails without good cause to provide the information or verification, the county
1.17agency shall deny or terminate assistance.
1.18 (b) If a county agency determines that an applicant is ineligible due to not meeting
1.19eligibility requirements of chapter 256D, a county agency may accept a signed personal
1.20statement from the applicant in lieu of documentation verifying ineligibility."
1.21Page 7, after line 17, insert:
1.22 "Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
1.23 Subd. 1a.
County approval. (a) A county agency may not approve a group
1.24residential housing payment for an individual in any setting with a rate in excess of the
2.1MSA equivalent rate for more than 30 days in a calendar year unless the county agency
2.2has developed or approved a plan for the individual which specifies that:
2.3 (1) the individual has an illness or incapacity which prevents the person from living
2.4independently in the community; and
2.5 (2) the individual's illness or incapacity requires the services which are available in
2.6the group residence.
2.7 The plan must be signed or countersigned by any of the following employees of the
2.8county of financial responsibility: the director of human services or a designee of the
2.9director; a social worker; or a case aide.
2.10 (b) If a county agency determines that an applicant is ineligible due to not meeting
2.11eligibility requirements under this section, a county agency may accept a signed personal
2.12statement from the applicant in lieu of documentation verifying ineligibility."
2.13Page 16, line 7, delete "
as verification" and insert "
in lieu of documentation verifying
2.14ineligibility"
2.15Page 18, line 13, strike everything after the period
2.16Page 18 strike lines 14 and 15
2.17Page 18, line 16, strike everything before "Participants"
2.18Page 21, delete section 20
2.19Page 24, after line 2, insert:
2.20 "Sec. 24. Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read:
2.21 Subd. 5.
Innovation projects. Beginning January 1, 2005, no more than $3,000,000
2.22of the funds annually appropriated to the commissioner for use in the consolidated fund
2.23shall be available to the commissioner
for projects testing to reward high performing
2.24counties and tribes, support promising practices, and test innovative approaches to
2.25improving outcomes for MFIP participants, family stabilization services participants, and
2.26persons at risk of receiving MFIP as detailed in subdivision 3. Projects shall be targeted to
2.27geographic areas with poor outcomes as specified in section
256J.751, subdivision 5, or to
2.28subgroups within the MFIP case load who are experiencing poor outcomes.
2.29 Sec. 25. Minnesota Statutes 2012, section 256J.626, subdivision 6, is amended to read:
2.30 Subd. 6.
Base allocation to counties and tribes; definitions. (a) For purposes of
2.31this section, the following terms have the meanings given.
2.32 (1) "2002 historic spending base" means the commissioner's determination of
2.33the sum of the reimbursement related to fiscal year 2002 of county or tribal agency
2.34expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings
2.35related to calendar year 2002 in the base program listed in clause (6), item (v), and the
3.1amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi),
3.2issued to or on behalf of persons residing in the county or tribal service delivery area.
3.3 (2) "Adjusted caseload factor" means a factor weighted:
3.4 (i) 47 percent on the MFIP cases in each county at four points in time in the most
3.5recent 12-month period for which data is available multiplied by the county's caseload
3.6difficulty factor; and
3.7 (ii) 53 percent on the count of adults on MFIP in each county and tribe at four points
3.8in time in the most recent 12-month period for which data is available multiplied by the
3.9county or tribe's caseload difficulty factor.
3.10 (3) "Caseload difficulty factor" means a factor determined by the commissioner for
3.11each county and tribe based upon the self-support index described in section
256J.751,
3.12subdivision 2
, clause (6).
3.13 (4) "Initial allocation" means the amount potentially available to each county or tribe
3.14based on the formula in paragraphs (b) through (d).
3.15 (5) "Final allocation" means the amount available to each county or tribe based on
3.16the formula in paragraphs (b) through (d), after adjustment by subdivision 7.
3.17 (6) "Base programs" means the:
3.18 (i) MFIP employment and training services under Minnesota Statutes 2002, section
3.19256J.62, subdivision 1
, in effect June 30, 2002;
3.20 (ii) bilingual employment and training services to refugees under Minnesota Statutes
3.212002, section
256J.62, subdivision 6, in effect June 30, 2002;
3.22 (iii) work literacy language programs under Minnesota Statutes 2002, section
3.23256J.62, subdivision 7
, in effect June 30, 2002;
3.24 (iv) supported work program authorized in Laws 2001, First Special Session chapter
3.259, article 17, section 2, in effect June 30, 2002;
3.26 (v) administrative aid program under section
256J.76 in effect December 31, 2002;
3.27and
3.28 (vi) emergency assistance program under Minnesota Statutes 2002, section
256J.48,
3.29in effect June 30, 2002.
3.30 (b) The commissioner shall:
3.31 (1) beginning July 1, 2003, determine the initial allocation of funds available under
3.32this section according to clause (2);
3.33 (2) allocate all of the funds available for the period beginning July 1, 2003, and
3.34ending December 31, 2004, to each county or tribe in proportion to the county's or tribe's
3.35share of the statewide 2002 historic spending base;
4.1 (3) determine for calendar year 2005 the initial allocation of funds to be made
4.2available under this section in proportion to the county or tribe's initial allocation for the
4.3period of July 1, 2003, to December 31, 2004;
4.4 (4) determine for calendar year 2006 the initial allocation of funds to be made
4.5available under this section based 90 percent on the proportion of the county or tribe's
4.6share of the statewide 2002 historic spending base and ten percent on the proportion of
4.7the county or tribe's share of the adjusted caseload factor;
4.8 (5) determine for calendar year 2007 the initial allocation of funds to be made
4.9available under this section based 70 percent on the proportion of the county or tribe's
4.10share of the statewide 2002 historic spending base and 30 percent on the proportion of the
4.11county or tribe's share of the adjusted caseload factor; and
4.12 (6) determine for calendar year 2008 and subsequent years the initial allocation of
4.13funds to be made available under this section based 50 percent on the proportion of the
4.14county or tribe's share of the statewide 2002 historic spending base and 50 percent on the
4.15proportion of the county or tribe's share of the adjusted caseload factor.
4.16 (c) With the commencement of a new or expanded tribal TANF program
, or for
4.17tribes administering TANF as authorized under Laws 2011, First Special Session chapter
4.189, article 9, section 18, or an agreement under section
256.01, subdivision 2, paragraph
4.19(g), in which some or all of the responsibilities of particular counties under this section are
4.20transferred to a tribe, the commissioner shall:
4.21 (1) in the case where all responsibilities under this section are transferred to a
4.22 tribe or tribal program, determine the percentage of the county's current caseload that is
4.23transferring to a tribal program and adjust the affected county's
allocation and tribe's
4.24allocations accordingly; and
4.25 (2) in the case where a portion of the responsibilities under this section are
4.26transferred to a
tribe or tribal program, the commissioner shall consult with the affected
4.27county or counties to determine an appropriate adjustment to the allocation.
4.28 (d) Effective January 1, 2005, counties and tribes will have their final allocations
4.29adjusted based on the performance provisions of subdivision 7."
4.30Page 30, after line 24, insert:
4.31 "Sec. 36. Minnesota Statutes 2012, section 260C.503, subdivision 2, is amended to read:
4.32 Subd. 2.
Termination of parental rights. (a) The responsible social services
4.33agency must ask the county attorney to immediately file a termination of parental rights
4.34petition when:
4.35 (1) the child has been subjected to egregious harm as defined in section
260C.007,
4.36subdivision 14;
5.1 (2) the child is determined to be the sibling of a child who was subjected to
5.2egregious harm;
5.3 (3) the child is an abandoned infant as defined in section
260C.301, subdivision 3,
5.4paragraph (b), clause (2);
5.5 (4) the child's parent has lost parental rights to another child through an order
5.6involuntarily terminating the parent's rights;
5.7 (5) the parent has committed sexual abuse as defined in section
626.556, subdivision
5.82
, against the child or another child of the parent;
or
5.9 (6) the parent has committed an offense that requires registration as a predatory
5.10offender under section
243.166, subdivision 1b, paragraph (a) or (b); or
5.11 (7) (6) another child of the parent is the subject of an order involuntarily transferring
5.12permanent legal and physical custody of the child to a relative under this chapter or a
5.13similar law of another jurisdiction;
5.14The county attorney shall file a termination of parental rights petition unless the conditions
5.15of paragraph (d) are met.
5.16 (b) When the termination of parental rights petition is filed under this subdivision,
5.17the responsible social services agency shall identify, recruit, and approve an adoptive
5.18family for the child. If a termination of parental rights petition has been filed by another
5.19party, the responsible social services agency shall be joined as a party to the petition.
5.20 (c) If criminal charges have been filed against a parent arising out of the conduct
5.21alleged to constitute egregious harm, the county attorney shall determine which matter
5.22should proceed to trial first, consistent with the best interests of the child and subject
5.23to the defendant's right to a speedy trial.
5.24 (d) The requirement of paragraph (a) does not apply if the responsible social services
5.25agency and the county attorney determine and file with the court:
5.26 (1) a petition for transfer of permanent legal and physical custody to a relative under
5.27sections
260C.505 and
260C.515, subdivision 3, including a determination that adoption
5.28is not in the child's best interests and that transfer of permanent legal and physical custody
5.29is in the child's best interests; or
5.30 (2) a petition under section
260C.141 alleging the child, and where appropriate,
5.31the child's siblings, to be in need of protection or services accompanied by a case plan
5.32prepared by the responsible social services agency documenting a compelling reason why
5.33filing a termination of parental rights petition would not be in the best interests of the child.
5.34 Sec. 37. Minnesota Statutes 2012, section 260C.615, is amended to read:
5.35260C.615 DUTIES OF COMMISSIONER.
6.1 Subdivision 1.
Duties Exclusive right to consent. (a) For any child who is under
6.2the guardianship of the commissioner, the commissioner has the exclusive
rights right
6.3 to consent to:
6.4 (1) the medical care plan for the treatment of a child who is at imminent risk of death
6.5or who has a chronic disease that, in a physician's judgment, will result in the child's death
6.6in the near future including a physician's order not to resuscitate or intubate the child
; and:
6.7 (i) a responsible social service agency requesting the commissioner's consent for a
6.8physician's order not to resuscitate or intubate or for an order for other end-of-life care
6.9must submit the request according to procedures established by the commissioner;
6.10 (ii) the commissioner may require consultation regarding the child's medical care
6.11with an ethics expert prior to responding to the request;
6.12 (iii) an ethics expert is a staff member who provides consultation on ethics issues or
6.13coordinates ethics reviews, and is employed by or associated with a hospital designated
6.14by the commissioner; and
6.15 (iv) no individual or entity, including a hospital, providing ethics consultation to the
6.16commissioner under this subdivision incurs any civil or criminal liability for advice or
6.17opinions given regarding the care of the child, if the individual or entity acts in good faith
6.18and in accordance with applicable medical standards of care; and
6.19 (2) the child donating a part of the child's body to another person while the child is
6.20living; the decision to donate a body part under this clause shall take into consideration
6.21the child's wishes and the child's culture.
6.22 Subd. 1a. Other duties. (b) In addition to the exclusive rights under
paragraph (a)
6.23 subdivision 1, for children under guardianship of the commissioner, the commissioner
6.24has a duty to:
6.25 (1) process any complete and accurate request for home study and placement
6.26through the Interstate Compact on the Placement of Children under section
260.851;
6.27 (2) process any complete and accurate application for adoption assistance forwarded
6.28by the responsible social services agency according to chapter 259A;
6.29 (3) complete the execution of an adoption placement agreement forwarded to the
6.30commissioner by the responsible social services agency and return it to the agency in a
6.31timely fashion; and
6.32 (4) maintain records as required in chapter 259.
6.33 Subd. 2.
Duties not reserved. All duties, obligations, and consents not specifically
6.34reserved to the commissioner in this section are delegated to the responsible social
6.35services agency.
7.1 Sec. 38.
[260D.12] TRIBAL HOME VISITS; VOLUNTARY FOSTER CARE
7.2FOR TREATMENT.
7.3 When a child is in foster care for treatment under this chapter, the child's parent and
7.4the responsible social service agency may agree that the child is returned to the care of a
7.5parent on a trial home visit. The purpose of the trial home visit is to provide sufficient
7.6planning for supports and services to the child and family to meet the child's needs
7.7following treatment so that the child can return to and remain in the parent's home. During
7.8the period of the trial home visit, the agency has placement and care responsibility for the
7.9child. The trial home visit shall not exceed six months and may be terminated by either
7.10the parent or the agency within ten days' written notice."
7.11Page 32, line 6, strike "Sexual abuse includes"
7.12Page 32, strike lines 7 to 10
7.13Page 37, line 9, delete "
voluntary"
7.14Page 39, line 8, delete "
voluntary"
7.15Renumber the sections in sequence and correct the internal references
7.16Amend the title accordingly