Minnesota Legislature
HF 1290
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to human services; establishing a child safety system and child safety
fund; requiring reports; appropriating money; amending Minnesota Statutes
2006, section 256M.30, subdivisions 1, 2; proposing coding for new law as
Minnesota Statutes, chapter 256N.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end
new text begin
The legislature finds that it is the public policy of the state to ensure that all children
are safe from abuse and neglect, live in permanent and stable homes where they are
nurtured, and have the opportunity to reach their full potential. To further this public
policy, it is the intent of the legislature to establish a child safety system that has, as its
goal, three performance-based standards: child safety, permanency, and well-being. A
child safety fund is created to implement, maintain, and provide incentives to counties for
the continuous improvement of the child safety system.
new text end
Sec. 2.
Minnesota Statutes 2006, section 256M.30, subdivision 1, is amended to read:
Subdivision 1.
Service plan submitted to commissioner.
Effective January 1,
2004, and each two-year period thereafter, each county must have a biennial service plan
approved by the commissioner in order to receive funds. new text begin Only one biennial service plan
is required under this chapter, regardless of whether counties receive funding under this
chapter or chapter 256N. new text end Counties may submit multicounty or regional service plans.
Sec. 3.
Minnesota Statutes 2006, section 256M.30, subdivision 2, is amended to read:
Subd. 2.
Contents.
The service plan shall be completed in a form prescribed by
the commissioner. The plan must include:
(1) a statement of the needs of the children, adolescents, and adults who experience
the conditions defined in section 256M.10, subdivision 2, paragraph (a), and strengths and
resources available in the community to address those needs;
new text begin
(2) strategies the county will implement to meet the performance requirements in the
child safety system under chapter 256N;
new text end
deleted text begin (2)deleted text end new text begin (3) new text end strategies the county will pursue to achieve the performance targets.
Strategies must include specification of how funds under this section and other community
resources will be used to achieve desired performance targets;
deleted text begin (3)deleted text end new text begin (4)new text end a description of the county's process to solicit public input and a summary
of that input;
deleted text begin (4)deleted text end new text begin (5)new text end beginning with the service plans submitted for the period from January 1,
2006, through December 31, 2007, performance targets on statewide indicators for each
county to measure outcomes of children's mental health, and child safety, permanency,
and well-being. The commissioner shall consult with counties and other stakeholders to
develop these indicators and collect baseline data to inform the establishment of individual
county performance targets for the 2006-2007 biennium and subsequent plans; and
deleted text begin (5)deleted text end new text begin (6)new text end a budget for services to be provided with funds under this section. The
county must budget at least 40 percent of funds appropriated under sections 256M.01 to
256M.80 for services to ensure the mental health, safety, permanency, and well-being of
children from low-income families. The commissioner may reduce the portion of child
and community services funds that must be budgeted by a county for services to children
in low-income families if:
(i) the incidence of children in low-income families within the county's population is
significantly below the statewide median; or
(ii) the county has successfully achieved past performance targets for children's
mental health, and child safety, permanency, and well-being and its proposed service plan
is judged by the commissioner to provide an adequate level of service to the population
with less funding.
Sec. 4.
new text begin
[256N.01] CITATION.
new text end
new text begin
Sections 256N.01 to 256N.50 may be cited as "The Child Protection and Safety
Act." This act creates a child safety system to establish performance-based accountability
for the safety, permanency, and well-being of children and establishes a child safety fund
to address the needs of children within each county.
new text end
Sec. 5.
new text begin
[256N.10] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of sections 256N.01 to 256N.50, the terms
defined in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Child safety system. new text end
new text begin
"Child safety system" means a performance-based
system that ensures the safety, permanency, and well-being of children and is accountable
to federal and state performance standards and is funded by the child safety fund.
new text end
new text begin Subd. 3. new text end
new text begin Child safety fund. new text end
new text begin
"Child safety fund" means funds distributed to the
counties under the formula specified in section 256N.30 for the purpose of implementing
the child safety system.
new text end
new text begin Subd. 4. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of human
services.
new text end
new text begin Subd. 5. new text end
new text begin County board. new text end
new text begin
"County board" means the board of county commissioners
in each county.
new text end
Sec. 6.
new text begin
[256N.20] DUTIES OF COMMISSIONER.
new text end
new text begin Subdivision 1. new text end
new text begin General supervision. new text end
new text begin
Each year the commissioner shall allocate
funds to each county according to the formula defined in section 256N.30. The
commissioner, in consultation with counties, shall provide technical assistance and
evaluate county performance in achieving outcomes.
new text end
new text begin Subd. 2. new text end
new text begin Additional duties. new text end
new text begin
The commissioner shall:
new text end
new text begin
(1) provide necessary information and assistance to each county for establishing
performance baselines and desired improvements on safety, permanency, and well-being
for children and adolescents;
new text end
new text begin
(2) provide training, technical assistance, and other supports to each county to assist
in planning, implementing services, and monitoring outcomes;
new text end
new text begin
(3) use data collection and evaluation of outcomes to determine county compliance
with performance standards;
new text end
new text begin
(4) specify requirements for reports, including fiscal reports, to account for funds
distributed;
new text end
new text begin
(5) establish child welfare performance standards under section 256N.40,
subdivision 1, and review the standards every two years to ensure compliance with the
federal outcome procedures in Code of Federal Regulations, title 45, section 1355.34;
new text end
new text begin
(6) work with counties to correct deficits that are identified in the performance
review under section 256N.50; and
new text end
new text begin
(7) allocate performance-based funding under section 256N.30 according to county
compliance with the performance standards in section 256N.40.
new text end
Sec. 7.
new text begin
[256N.30] CHILD SAFETY ACT GRANT ALLOCATION.
new text end
new text begin Subdivision 1. new text end
new text begin Child safety fund. new text end
new text begin
The child safety fund is created for the purposes
of sections 256N.01 to 256N.60.
new text end
new text begin Subd. 2. new text end
new text begin Formula. new text end
new text begin
The commissioner shall allocate funds annually from the child
safety fund to each county board on a calendar basis in an amount determined according
to this subdivision. Ninety-five percent of available funds must be allocated according to
the formula in paragraphs (a) to (e). The remaining five percent of available funds must be
allocated to counties as grants for projects to meet specific county needs.
new text end
new text begin
(a) On January 1, 2008, the commissioner shall allocate available funds according
to the following criteria:
new text end
new text begin
(1) 90 percent must be based on the county's federal child welfare targeted case
management (CWTCM) revenue under section 256F.10 for the average of years 2004,
2005, and 2006; and
new text end
new text begin
(2) ten percent must be based on need as determined by the county's proportional
share of children in poverty as compared to the rest of the state.
new text end
new text begin
(b) On January 1, 2009, the commissioner shall allocate available funds according
to the following criteria:
new text end
new text begin
(1) 70 percent must be based on the average of the county's federal CWTCM
revenue under section 256F.10 for years 2004, 2005, and 2006;
new text end
new text begin
(2) 25 percent must be based on need as determined by the county's proportional
share of children in poverty as compared to the rest of the state; and
new text end
new text begin
(3) five percent must be based on the county's ability to meet the performance
standards in section 256N.40.
new text end
new text begin
(c) On January 1, 2010, the commissioner shall allocate available funds according
to the following criteria:
new text end
new text begin
(1) 50 percent must be based on the average of the county's federal CWTCM
revenue under section 256F.10 for years 2004, 2005, and 2006;
new text end
new text begin
(2) 35 percent must be based on need as determined by the county's proportional
share of children in poverty as compared to the rest of the state; and
new text end
new text begin
(3) 15 percent must be based on the county's ability to meet the performance
standards in section 256N.40.
new text end
new text begin
(d) On January 1, 2011, the commissioner shall allocate available funds according
to the following criteria:
new text end
new text begin
(1) 25 percent must be based on the average of the county's federal CWTCM
revenue under section 256F.10 for years 2004, 2005, and 2006;
new text end
new text begin
(2) 55 percent must be based on need as determined by the county's proportional
share of children in poverty as compared to the rest of the state; and
new text end
new text begin
(3) 20 percent must be based on the county's ability to meet the performance
standards in section 256N.40.
new text end
new text begin
(e) On January 1, 2012, the commissioner shall allocate available funds according
to the following criteria:
new text end
new text begin
(1) 70 percent must be based on need as determined by the county's proportional
share of children in poverty as compared to the rest of the state; and
new text end
new text begin
(2) 30 percent must be based on the county's ability to meet the performance
standards in section 256N.40.
new text end
new text begin Subd. 3. new text end
new text begin Compliance work group; report. new text end
new text begin
(a) The commissioner shall convene a
work group to establish a procedure by which the commissioner can measure compliance
with the performance standards in section 256N.40 and the seven federal outcome
procedures in Code of Federal Regulations, title 45, section 1355.34. The work group
shall also address how a county's compliance with the performance standards should affect
the performance-based funding in subdivision 1.
new text end
new text begin
(b) The work group shall examine whether sanctions or corrective action procedures
should be implemented to enhance the county's ability to meet the three performance-based
standards identified in this chapter.
new text end
new text begin
(c) The work group shall report back to the chairs of house and senate committees
having jurisdiction by January 1, 2008, with recommendations for potential legislation to
be offered in the 2008 legislative session.
new text end
new text begin
(d) The commissioner shall consult with county associations to determine the
representatives to the work group.
new text end
new text begin Subd. 4. new text end
new text begin Tribal participation work group; report. new text end
new text begin
The commissioner shall
convene a work group comprised of tribes, counties, and the Department of Human
Services to establish opportunities and mechanisms for tribes to participate in the child
safety system to ensure the safety, permanency, and well-being of American Indian
children. The work group shall report back to the chairs of house and senate committees
having jurisdiction by January 1, 2008, with recommendations for potential legislation to
be offered in the 2008 legislative session.
new text end
Sec. 8.
new text begin
[256N.40] COUNTY DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Performance outcomes. new text end
new text begin
Counties shall use allocated funds from the
child safety fund to meet three performance outcomes as follows:
new text end
new text begin
(1) protecting children from abuse and neglect, including maintaining a safe
environment for children in their homes whenever possible;
new text end
new text begin
(2) maintaining permanency and stability in children's living situations, including
preserving continuity of family relationships; and
new text end
new text begin
(3) ensuring that families have the capacity to provide for their children's
educational, physical, and mental health needs.
new text end
new text begin Subd. 2. new text end
new text begin Duties of county boards. new text end
new text begin
The county board of each county is responsible
for administering and funding children services under subdivision 1.
new text end
Sec. 9.
new text begin
[256N.50] EVALUATION OF COUNTY PERFORMANCE.
new text end
new text begin Subdivision 1. new text end
new text begin County evaluation. new text end
new text begin
The commissioner shall evaluate the
performance of each county in the state to measure compliance with the outcomes listed
in section 256N.20 and federal child and family service outcomes in Code of Federal
Regulations, title 45, section 1355.34. The commissioner shall: conduct individual county
performance reviews periodically; require sanctions or corrective action procedures
as determined by the work group in section 256N.30, subdivision 3; and utilize the
performance reviews to determine the county's eligibility for all or part of the child safety
fund performance allocation under section 256N.30.
new text end
new text begin Subd. 2. new text end
new text begin Statewide evaluation. new text end
new text begin
Beginning January 1, 2010, and every two years
thereafter, the commissioner shall prepare a report on the counties' progress in achieving
compliance with the outcomes listed in section 256N.20 and federal child and family
service outcomes in Code of Federal Regulations, title 45, section 1355.34. As part of
this report, the commissioner shall evaluate and make changes necessary to amend the
performance outcomes in section 256N.40. This report must be disseminated to county
agencies statewide.
new text end
Sec. 10. new text begin APPROPRIATION.
new text end
new text begin
$....... is appropriated from the general fund to the commissioner of human services
for the biennium beginning July 1, 2007, to develop the child safety system in sections 4
to 9.
new text end