CHAPTER 119A. Department of children, families, and learning

     119A.01 Abolishment; establishment; purpose; and goals. 

    Subdivision 1.    Abolishment.  The position of 
 commissioner of education and the department of education are 
 abolished.  The employees of the department of education are 
 transferred to the department of children, families, and 
 learning under section 15.039, subdivision 7. 

    Subd. 2.    Establishment.  The department of children, 
 families, and learning is established. 

    Subd. 3.    Purpose.  The purpose in creating the 
 department is to increase the capacity of Minnesota communities 
 to measurably improve the well-being of children and families by:

    (1) coordinating and integrating state funded and locally 
 administered family and children programs; 

    (2) improving flexibility in the design, funding, and 
 delivery of programs affecting children and families; 

    (3) providing greater focus on strategies designed to 
 prevent problems affecting the well-being of children and 
 families; 

    (4) enhancing local decision making, collaboration, and the 
 development of new governance models; 

    (5) improving public accountability through the provision 
 of research, information, and the development of measurable 
 program outcomes; 

    (6) increasing the capacity of communities to respond to 
 the whole child by improving the ability of families to gain 
 access to services; 

    (7) encouraging all members of a community to nurture all 
 the children in the community; 

    (8) supporting parents in their dual roles as breadwinners 
 and parents; and 

    (9) reducing the condition of poverty for families and 
 children through comprehensive, community-based strategies. 

    HIST: 1Sp1995 c 3 art 16 s 1; 1997 c 162 art 3 s 1 

     119A.02 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to this chapter. 

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of children, families, and learning. 

    Subd. 3.    Department.  "Department" means the 
 department of children, families, and learning. 

    Subd. 4.    Local grantee.  "Local grantee" means a 
 local unit of government or an agency or organization that 
 receives funds under section 119A.04. 

    HIST: 1Sp1995 c 3 art 16 s 2 

     119A.03 Commissioner. 

    Subdivision 1.    General.  The department is under the 
 administrative control of the commissioner.  The commissioner is 
 appointed by the governor with the advice and consent of the 
 senate.  The commissioner must possess broad knowledge and 
 experience in strengthening children and families.  The 
 commissioner has the general powers as provided in section 
 15.06, subdivision 6. 

    The commissioner's salary must be established according to 
 the procedure in section 15A.0815, in the same range as that 
 specified for the commissioner of finance. 

    Subd. 2.    Duties of the commissioner.  The 
 commissioner shall:  

    (1) identify measurable outcomes by which programs 
 administered by the department will be evaluated at the state 
 and local level; 

    (2) develop linkages with other state departments to ensure 
 coordination and consistent state policies promoting healthy 
 development of children and families; 

    (3) prepare, in consultation with the children's cabinet, 
 the commission on children, youth, and their families, and 
 affected parties, prior to January 1, 1996, and prior to July 1 
 of each year thereafter, guidelines governing planning, 
 reporting, and other procedural requirements necessary to 
 administer this chapter; 

    (4) facilitate inclusive processes when designing or 
 implementing guidelines and strategies to achieve agency goals 
 for children and families listed in section 119A.01, subdivision 
 3; 

    (5) facilitate intergovernmental and public-private 
 partnership strategies necessary to implement this chapter; 

    (6) submit to the federal government, or provide assistance 
 to local governments and organizations in submitting, where 
 appropriate and feasible, requests for federal waivers or 
 recommendations for changes in federal law necessary to carry 
 out the purposes of this chapter; 

    (7) coordinate review of all plans and other documents 
 required under the guidelines provided for in clause (3); 

    (8) coordinate development of the management support system 
 components required for implementation of this chapter; 

    (9) review other programs serving children and families to 
 determine the feasibility for transfer to the department of 
 children, families, and learning or the feasibility of inclusion 
 in the funding consolidation process; and 

    (10) monitor local compliance with this chapter. 

    HIST: 1Sp1995 c 3 art 16 s 3; 2Sp1997 c 3 s 18 

     119A.04 Transfers from other agencies. 

    Subdivision 1.    Department of human services.  The 
 powers and duties of the department of human services with 
 respect to the following programs are transferred to the 
 department of children, families, and learning under section 
 15.039.  The programs needing federal approval to transfer shall 
 be transferred when the federal government grants transfer 
 authority to the commissioner: 

    (1) children's trust fund under sections 119A.10 to 
 119A.17; 

    (2) the family services and community-based collaboratives 
 under section 121.8355; 

    (3) the early childhood care and education council under 
 section 119B.17; 

    (4) the child care programs under sections 119B.01 to 
 119B.16; 

    (5) the migrant child care program under section 256.01; 

    (6) the child care resource and referral program under 
 sections 119B.18 and 119B.19; and 

    (7) the child care service development program under 
 sections 119B.20 to 119B.24. 

    Subd. 2.    Department of economic security.  The powers 
 and duties of the department of economic security with respect 
 to the following programs are transferred to the department of 
 children, families, and learning under section 15.039 on July 1, 
 1997:  (1) the Head Start program, including Project 
 Cornerstone, under sections 268.912 to 268.916; and (2) 
 community action agency programs and financial assistance under 
 sections 268.52 and 268.54. 

    Subd. 3.    Office of strategic and long-range planning. 
  The powers and duties of the office of strategic and 
 long-range planning with respect to the following programs are 
 transferred to the department of children, families, and 
 learning under section 15.039.  The programs needing federal 
 approval to transfer shall be transferred when the federal 
 government grants transfer authority to the commissioner: 

    (1) the information redesign project under section 4A.01; 

    (2) the action for children activity under section 4A.01; 

    (3) the teen pregnancy prevention program under section 
 4A.01; and 

    (4) the Minnesota children's initiative project under 
 section 4A.01. 

    Subd. 4.    Department of corrections.  The powers and 
 duties with respect to the following program is transferred to 
 the department of children, families, and learning under section 
 15.039:  child abuse and child victims services under chapter 
 611A. 

    Subd. 5.    Department of public safety.  The powers and 
 duties with respect to the following program is transferred to 
 the department of children, families, and learning under section 
 15.039:  drug policy and violence prevention and the community 
 advisory violence prevention councils under sections 119A.25 to 
 119A.33 and 119A.34. 

    Subd. 6.    Funding for transferred programs.  State 
 appropriations for programs transferred under this section may 
 not be used to replace appropriations for K-12 programs.  State 
 and federal appropriations for programs under section 119A.15, 
 subdivision 5a, transferred from the department of economic 
 security, may not be used to replace, supplement, or supplant 
 federal or state appropriations for any other program in the 
 department. 

    Subd. 7.    Grantees of transferred programs.  Except as 
 provided in Minnesota Rules, chapter 3350, the commissioner 
 shall not reduce the number of organizations or eliminate 
 specific types of organizations that are eligible to directly 
 apply for grants made by programs transferred from the 
 department of economic security after January 1, 1997. 

    HIST: 1Sp1995 c 3 art 16 s 4; 1997 c 7 art 1 s 42; 1997 c 162 
 art 3 s 2,3; 1Sp1997 c 5 s 30 

     119A.05 Funding consolidation. 

    Subdivision 1.    Authority for funding consolidation.  
 Notwithstanding existing law governing allocation of funds by 
 local grantees, mode of service delivery, grantee planning and 
 reporting requirements, and other procedural requirements for 
 the grant programs identified in this section, a local grantee 
 may elect to consolidate all or a portion of funding received 
 from the programs under subdivision 5 in a collaboration funding 
 plan, if all conditions specified in this section are 
 satisfied.  County boards, school boards, or governing boards of 
 other grantees may elect not to consolidate funding for a 
 program.  

    For grantees electing consolidation, the commissioner may, 
 with the approval of the board of government innovation and 
 cooperation, waive all provisions of rules inconsistent with the 
 intent of this section.  This waiver authority does not apply to 
 rules governing client protections, due process, or inclusion of 
 clients, parents, cultures, and ethnicities in decision making.  
 Funding to a local grantee must be determined according to the 
 funding formulas or allocation rules governing the individual 
 programs listed in section 119A.04.  

    Subd. 2.    Account.  A consolidated funding account is 
 established under the control of the commissioner of children, 
 families, and learning.  The purpose of this account is to 
 clearly identify and provide accountability for funds previously 
 distributed to local grantees through the individual categorical 
 grant programs in subdivision 5.  By direction of the 
 commissioner, after consultation with the partnership planning 
 team and, upon a finding that the conditions specified in this 
 section have been satisfied, funds must be transmitted to this 
 account and allocated to local grantees by the commissioner. 

    Subd. 3.    Eligibility; accountability.  To be eligible 
 to receive funding for local consolidation, as provided for in 
 this section, a grantee must meet the following requirements:  

    (1) demonstrate participation by counties and schools in a 
 local collaborative process as defined in section 121.8355 or in 
 a similar process of collaboration with other local governments 
 and community organizations which satisfies the governance and 
 planning guidelines published by the commissioner as provided 
 for in this section; 

    (2) document consultation by counties and schools with 
 community action agencies and other community groups; 

    (3) complete and document, according to guidelines 
 published by the commissioner, a collaborative planning process 
 which clearly identifies:  

    (i) allocation of resources in the collaboration annual 
 funding plan; 

    (ii) a description of the governance structure for the 
 execution of the funding plan; 

    (iii) outcomes consistent with the statewide goals 
 identified in this chapter and in statutes governing previous 
 categorical funding included in the collaboration funding plan; 
 and 

    (iv) indicators sufficient to measure improvement or 
 decline in specified outcomes compared to baseline performance; 

    (4) conduct a public hearing on the funding consolidation 
 plan under section 471.705; 

    (5) agree to periodically report information concerning 
 progress in addressing outcomes, as provided for in guidelines 
 to be published by the commissioner; and 

    (6) execute a written agreement between the commissioner 
 and the local grantees setting forth responsibilities, 
 obligations, and conditions consistent with this section.  The 
 agreement must state that the funds that are being locally 
 consolidated will be used collectively only to achieve the 
 objectives of the separate programs being locally consolidated.  

    Subd. 4.    Geographic area.  The geographic area for a 
 local consolidated funding process must be an entire county, a 
 multicounty area, or, with the approval of the county board and 
 commissioner, a subcounty area, if county funds are used.  The 
 process may provide for coordination of service delivery in 
 jurisdictions that extend across county boundaries. 

    Subd. 5.    Programs included.  Grant programs 
 transferred to the department of children, families, and 
 learning in section 119A.04 and programs transferred from the 
 abolished department of education are eligible for local funding 
 consolidation.  Eligibility of any federally funded programs for 
 local funding consolidation is conditioned upon obtaining 
 necessary federal waivers or changes in federal law. 

    Subd. 6.    Entry into program.  Grantees who meet all 
 requirements of this section may elect to begin using funding 
 for a local consolidated funding process beginning January 1, 
 1996, or at each six-month interval.  Other local grantees that 
 meet all requirements of this section may elect to begin using 
 funding for a local consolidation funding process beginning July 
 1, 1996, or at each six-month interval. 

    Subd. 7.    Sanctions.  If the commissioner finds that a 
 grantee has failed to comply with this section, the grantee 
 becomes subject to all requirements of individual grant programs 
 as specified in statutes and rules. 

    HIST: 1Sp1995 c 3 art 16 s 5 

     119A.08 Neighborhood-based services for children and 
  families. 

    Subdivision 1.    Pilot projects authorized.  The 
 commissioner may establish a pilot project for family services 
 collaboratives to deliver and broker services through 
 neighborhood-based community organizations. 

    Subd. 2.    Family service collaborative; pilot.  (a) A 
 family services collaborative under section 121.8355 may apply 
 to the commissioner to participate in the pilot project in 
 specified geographic areas.  The selected collaborative must 
 implement the program through family service centers and 
 eligible community groups that have strong ties to a local 
 neighborhood and represent the diversity of residents and that 
 have a history of providing services in the neighborhood. 

    (b) An eligible organization must submit an application to 
 the sponsoring family services collaborative with a description 
 of areas to be served, a neighborhood presence, the needs of the 
 area, the services to be provided with associated costs and 
 resources, the intended outcomes, and the proposed methods of 
 delivering service through volunteers, including any 
 reimbursement or incentive not to exceed $200 for any service.  
 Proposed services and amounts must be listed in an 
 outcomes-based format. 

    Subd. 3.    Eligible activities.  A participating center 
 or group may deliver, or arrange for the delivery of, needed 
 services listed in the application including assisting family 
 members to achieve the GED requirements; assisting with English 
 as a second language or citizenship classes and tests; assisting 
 with access to early childhood programs, childhood 
 immunizations, suitable child care, and home visits; and 
 assisting in crime prevention through after-school enrichment 
 activities, truancy prevention, and tutoring for academically 
 underachieving children. 

    A collaborative that receives a grant under this section 
 shall establish procedures to ensure the quality of the services 
 paid for with grant funds and to monitor the delivery of 
 services.  

    HIST: 1997 c 162 art 2 s 2 

     119A.10 Citation. 

    Sections 119A.11 to 119A.16 may be cited as the "children's 
 trust fund for the prevention of child abuse act." 

    HIST: 1986 c 423 s 1; 1991 c 292 art 8 s 25 

     119A.11 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to Laws 1986, chapter 423, sections 1 to 9. 

    Subd. 2.    Act.  "Act" means the children's trust fund 
 for the prevention of child abuse act. 

    Subd. 3.    Advisory council.  "Advisory council" means 
 the advisory council established under section 119A.13. 

    Subd. 4.    Child.  "Child" means a person under 18 
 years of age. 

    Subd. 5.    Child abuse.  "Child abuse" means sexual 
 abuse, neglect, or physical abuse as defined in section 626.556, 
 subdivision 2, paragraphs (a), (c), and (d). 

    Subd. 6.    Commissioner.  "Commissioner" means the 
 commissioner of children, families, and learning. 

    Subd. 7.    Local council.  "Local council" means a 
 child abuse prevention council established under section 119A.14.

    Subd. 8.    Prevention program.  "Prevention program" 
 means a system that directly provides primary or secondary child 
 abuse prevention services to a child, parent or prospective 
 parent, guardian, or professional who works regularly with 
 children, and may also include a research program related to the 
 prevention of child abuse. 

    Subd. 9.    Primary prevention.  "Primary prevention" 
 means a program or service designed to promote the general 
 welfare of children and families. 

    Subd. 10.    Secondary prevention.  "Secondary 
 prevention" means a program or service designed to prevent abuse 
 of children who are in circumstances where there is a high risk 
 that abuse will occur. 

    Subd. 11.    Tertiary prevention.  "Tertiary prevention" 
 means a program or service provided after child abuse has 
 occurred that is designed to prevent its recurrence. 

    Subd. 12.    Trust fund.  "Trust fund" means the 
 children's trust fund for the prevention of child abuse 
 established under section 119A.12. 

    HIST: 1986 c 423 s 2; 1991 c 292 art 8 s 8,25; 1Sp 1995 c 3 
 art 16 s 13 

     119A.12 Trust fund. 

    Subdivision 1.    Creation of trust fund.  A children's 
 trust fund for the prevention of child abuse is established as 
 an account in the state treasury.  The commissioner of finance 
 shall credit to the trust fund all amounts received under 
 sections 119A.16 and 144.226, subdivision 3, and shall ensure 
 that trust fund money is invested under section 11A.25.  All 
 money earned by the trust fund must be credited to the trust 
 fund.  The trust fund earns its proportionate share of the total 
 annual state investment income. 

    Subd. 2.    Availability of funds for disbursement.  
 Until the total amount of assets in the trust fund exceeds 
 $20,000,000, not more than 60 percent of the gross amount 
 contributed to the trust fund each year under section 144.226, 
 subdivision 3, plus 100 percent of all earnings credited to the 
 trust fund the previous fiscal year, are available for 
 disbursement.  When the commissioner of finance certifies that 
 the assets in the trust fund exceed $20,000,000, only the annual 
 earnings and the funds received under section 119A.16 that are 
 credited to the trust fund are available for disbursement.  

    Subd. 3.    Exception.  Notwithstanding subdivision 2, 
 money received under section 119A.16 may be disbursed in its 
 entirety.  This money must not be taken into account when 
 calculating the annual contributions to the trust fund under 
 this section. 

    HIST: 1986 c 423 s 3; 1991 c 292 art 8 s 25 

     119A.13 Disbursement of funds for child abuse prevention.

    Subdivision 1.    Authority to disburse funds.  The 
 commissioner, with the advice and consent of the advisory 
 council established under this section, may disburse trust fund 
 money to any public or private nonprofit agency to fund a child 
 abuse prevention program.  State funds appropriated for child 
 maltreatment prevention grants may be transferred to the 
 children's trust fund special revenue account and are available 
 to carry out this section. 

    Subd. 2.    Advisory council.  An advisory council of 17 
 members is established under section 15.059.  The commissioners 
 of human services, health, and children, families, and learning 
 shall each appoint one member.  The subcommittee on committees 
 of the senate and the speaker of the house of representatives 
 shall each appoint two members of their respective bodies, one 
 from each caucus.  The governor shall appoint an additional ten 
 members who shall demonstrate knowledge in the area of child 
 abuse prevention and shall represent the demographic and 
 geographic composition of the state, and to the extent possible, 
 represent the following groups:  local government, parents, 
 racial and ethnic minority communities, the religious community, 
 professional providers of child abuse prevention services, and 
 volunteers in child abuse prevention services.  The council 
 shall advise and assist the commissioner in carrying out 
 sections 119A.10 to 119A.16.  The council does not expire as 
 provided by section 15.059, subdivision 5. 

    Subd. 3.    Plan for disbursement of funds.  By June 1, 
 1987, the commissioner, assisted by the advisory council, shall 
 develop a plan to disburse money from the trust fund.  In 
 developing the plan, the commissioner shall review prevention 
 programs.  The plan must ensure that all geographic areas of the 
 state have an equal opportunity to establish prevention programs 
 and receive trust fund money.  

    Subd. 4.    Responsibilities of the commissioner.  (a) 
 The commissioner shall: 

    (1) provide for the coordination and exchange of 
 information on the establishment and maintenance of prevention 
 programs; 

    (2) develop and publish criteria for receiving trust fund 
 money by prevention programs; 

    (3) review, approve, and monitor the spending of trust fund 
 money by prevention programs; 

    (4) provide statewide educational and public informational 
 seminars to develop public awareness on preventing child abuse; 
 to encourage professional persons and groups to recognize 
 instances of child abuse and work to prevent them; to make 
 information on child abuse prevention available to the public 
 and to organizations and agencies; and to encourage the 
 development of prevention programs; 

    (5) establish a procedure for an annual, internal 
 evaluation of the functions, responsibilities, and performance 
 of the commissioner in carrying out Laws 1986, chapter 423; 

    (6) provide technical assistance to local councils and 
 agencies working in the area of child abuse prevention; and 

    (7) accept and review grant applications beginning June 1, 
 1987. 

    (b) The commissioner shall recommend to the governor 
 changes in state programs, statutes, policies, budgets, and 
 standards that will reduce the problems of child abuse, improve 
 coordination among state agencies that provide prevention 
 services, and improve the condition of children, parents, or 
 guardians in need of prevention program services. 

    HIST: 1986 c 423 s 4; 1987 c 358 s 113; 1Sp1987 c 4 art 2 s 6; 
 1988 c 629 s 57; 1989 c 119 s 1; 1991 c 292 art 8 s 9,25; 1992 c 
 515 s 2; 1Sp1993 c 1 art 3 s 31; 1Sp1995 c 3 art 16 s 13; 1997 c 
 7 art 2 s 8,9; 1997 c 162 art 2 s 3-5 

     119A.14 Local child abuse prevention councils. 

    Subdivision 1.    Establishment of council.  A child 
 abuse prevention council may be established in any county or 
 group of counties that was eligible to receive funds under 
 Minnesota Statutes 1986, section 145.917 as of January 1, 1986.  
 A council organized in such a county or group of counties shall 
 be authorized by the commissioner to review programs seeking 
 trust fund money on finding that the council meets the criteria 
 in this subdivision: 

    (a) The council has submitted a plan for the prevention of 
 child abuse that includes a rank ordering of needed programs and 
 services, assesses the need for additional programs or services, 
 and demonstrates that standards and procedures have been 
 established to ensure that funds will be distributed and used 
 according to Laws 1986, chapter 423. 

    (b) A single-county council shall consist of: 

    (1) a minimum of nine members with the majority consisting 
 of members from the community-at-large who do not represent 
 service-providing agencies.  These members shall represent the 
 demographic and geographic composition of the county and, to the 
 extent possible, represent the following groups:  parents, 
 businesses, racial and ethnic minority communities, and the 
 faith communities; and 

    (2) if necessary, enough additional members with knowledge 
 in the area of child abuse prevention so that a majority of the 
 council is composed of members who do not represent public 
 agencies. 

    (c) A multicounty council shall be composed of the combined 
 membership of persons in paragraph (b). 

    Subd. 2.    Review by council.  To be eligible to 
 receive a grant from the trust fund, an applicant must have had 
 its application reviewed by a child abuse prevention council 
 from the applicant's geographic area found by the commissioner 
 to meet the criteria in this section.  In reviewing all 
 applications, the council shall consider the extent to which the 
 applicant meets the criteria and standards in Laws 1986, chapter 
 423, and the degree to which the program meets the needs of the 
 geographic area.  The council shall provide to the advisory 
 council its comments and recommendations concerning each 
 application reviewed and shall provide the advisory council with 
 its prioritization by rank ordering of all applications reviewed.

    HIST: 1986 c 423 s 5; 1991 c 199 art 2 s 22; 1991 c 292 art 8 
 s 25; 1997 c 162 art 2 s 6 

     119A.15 Procedures and criteria for disbursement. 

    Subdivision 1.    Establishment.  The commissioner shall 
 establish in the plan for prevention of child abuse the criteria 
 for distribution of trust fund money.  All money shall be 
 distributed for programs and services involving primary or 
 secondary prevention, and no money shall be distributed for 
 programs and services involving tertiary prevention. 

    Subd. 2.    Matching and other requirements.  Trust fund 
 money shall only be distributed to applicants that demonstrate 
 an ability to match at least 40 percent of the amount of trust 
 fund money requested and whose proposals meet the other 
 criteria.  The matching requirement may be met through in-kind 
 donations.  In awarding grants, the commissioner shall consider 
 the extent to which the applicant has demonstrated a willingness 
 and ability to: 

    (1) continue the prevention program or service if trust 
 fund money is eliminated or reduced; and 

    (2) provide prevention program models and consultation to 
 other organizations and communities. 

    Subd. 3.    Use of funds.  Priority must be given to 
 applicants whose matching funds do not consist, in whole or in 
 part, of state or federal funds.  Any trust fund money received 
 must not be used to compensate for a decrease in previously 
 existing funding levels unless that decrease is attributable to 
 a decision made by state, federal, or other entities not 
 controlled by the applicant and the applicant demonstrates that 
 it has made reasonable efforts to retain all previously existing 
 funding. 

    Subd. 4.    Statewide or regional programs.  The 
 commissioner may fund programs that intend to serve the entire 
 state or a region larger than the area served by any local 
 council even if the program has not been reviewed by any local 
 council.  The commissioner may, however, solicit comments or 
 recommendations about the applicant or the program from a local 
 council covering any area to be served by the applicant's 
 proposed program. 

    Subd. 5.    Local council as recipient of funds.  The 
 commissioner may disburse funds to a local council for community 
 education purposes, or for administrative costs in carrying out 
 Laws 1986, chapter 423, if all criteria and standards are met.  

    Subd. 5a.    Excluded programs.  Programs transferred to 
 the department of children, families, and learning from the 
 department of economic security may not be included in the 
 consolidated funding account and are ineligible for local 
 consolidation.  The commissioner may not apply for federal 
 waivers to include these programs in funding consolidation 
 initiatives.  The programs include the following: 

    (1) programs for the homeless under sections 268.365, 
 268.38, and 268.39; 

    (2) emergency energy assistance and energy conservation 
 programs under sections 4.071 and 268.371; 

    (3) weatherization programs under section 268.37; 

    (4) foodshelf programs under section 268.55 and the 
 emergency food assistance program; and 

    (5) lead abatement programs under section 268.92. 

    Subd. 6.    Contracts.  The commissioner shall use state 
 or local resources and staff if practicable, but may enter into 
 contracts with public or nonprofit private agencies to fulfill 
 the requirements of Laws 1986, chapter 423. 

    Subd. 7.    Rules.  The commissioner may adopt rules to 
 carry out Laws 1986, chapter 423. 

    HIST: 1986 c 423 s 6; 1Sp1987 c 4 art 2 s 7; 1991 c 292 art 8 
 s 25; 1997 c 162 art 2 s 7,8; art 3 s 4 

     119A.16 Acceptance of federal funds and other donations. 

    The commissioner may accept federal money and gifts, 
 donations, and bequests for the purposes of Laws 1986, chapter 
 423.  Money so received and proceeds from the sale of 
 promotional items, minus sales promotional costs, must be 
 deposited in the trust fund and must be made available to the 
 commissioner. 

    HIST: 1986 c 423 s 7; 1987 c 358 s 114; 1991 c 292 art 8 s 25; 1997 
 c 162 art 2 s 9 

     119A.17 Annual appropriation. 

    All earnings from trust fund assets, all sums received 
 under section 119A.16, and 60 percent of the amount collected 
 under section 144.226, subdivision 3, are appropriated annually 
 from the children's trust fund for the prevention of child abuse 
 to the commissioner of children, families, and learning to carry 
 out sections 119A.10 to 119A.16.  In fiscal year 1987 only, the 
 first $75,000 collected under section 144.226, subdivision 3, is 
 appropriated from the children's trust fund for the prevention 
 of child abuse to the commissioner of children, families, and learning 
 to carry 
 out sections 119A.10 to 119A.16. 

    HIST: 1986 c 423 s 9; 1991 c 292 art 8 s 10,25; 1Sp1995 c art 
 16 s 13 

     119A.20 Abused child program. 

    Subdivision 1.    Definitions.  For the purposes of 
 sections 119A.20 to 119A.23, the following terms have the 
 meanings given.  

    Subd. 2.    Abused child.  "Abused child" means a child, 
 under the age of 18 years, who has suffered physical, emotional, 
 or mental injury, harmful neglect, sexual abuse or exploitation, 
 or negligent treatment.  

    Subd. 3.    Abused children services.  "Abused children 
 services" means any service or program designed to provide 
 advocacy, education, prevention, or direct service to or on 
 behalf of abused children, children at risk, and their families. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of the department of children, families, and 
 learning or a designee.  

    HIST: 1994 c 552 s 1; 1Sp1995 c 3 art 16 s 13 

     119A.21 Grants to service provider programs. 

    Subdivision 1.    Grants awarded.  The commissioner 
 shall award grants to programs which provide abused children 
 services.  Grants shall be awarded in a manner that ensures that 
 they are equitably distributed to programs serving metropolitan 
 and nonmetropolitan populations.  

    Subd. 2.    Applications.  Any public or private 
 nonprofit agency may apply to the commissioner for a grant to 
 provide abused children services.  The application shall be 
 submitted in a form approved by the commissioner after 
 consultation with the abused children advisory council and shall 
 include:  

    (1) a proposal for the provision of abused children 
 services to, or on behalf of, abused children, children at risk, 
 and their families; 

    (2) a proposed budget; 

    (3) evidence of ability to represent the interests of 
 abused children and their families to local law enforcement 
 agencies and courts, social services, and health agencies; 

    (4) evidence of ability to do outreach to unserved and 
 underserved populations and to provide culturally and 
 linguistically appropriate services; and 

    (5) any other information the commissioner may require by 
 policy or by rule adopted under chapter 14, after considering 
 the recommendations of the abused children advisory council.  

    Programs which have been approved for grants in prior years 
 may submit materials which indicate changes in items listed in 
 clauses (1) to (5), in order to qualify for renewal funding.  
 Nothing in this subdivision may be construed to require programs 
 to submit complete applications for each year of funding.  

    Subd. 3.    Duties.  Every public or private nonprofit 
 agency which receives a grant under this section to provide 
 abused children services shall comply with all requirements of 
 the commissioner related to the administration of the grants.  

    Subd. 4.    Classification of data collected by grantees. 
  Personal history information and other information collected, 
 used, or maintained by a grantee from which the identity of any 
 abused child or family members may be determined is private data 
 on individuals as defined in section 13.02, subdivision 12, and 
 the grantee shall maintain the data in accordance with 
 provisions of chapter 13. 

    HIST: 1994 c 552 s 2 

     119A.22 Duties of the commissioner. 

    The commissioner shall:  

    (1) review applications and award grants to programs 
 pursuant to section 119A.21 after considering the recommendation 
 of the abused children advisory council; 

    (2) appoint members of the abused children advisory council 
 created under section 119A.23 and provide consultative staff and 
 other administrative services to the council; 

    (3) after considering the recommendation of the abused 
 children advisory council, appoint a program director to perform 
 the duties set forth in this clause.  In appointing the program 
 director the commissioner shall give due consideration to the 
 list of applicants submitted to the commissioner pursuant to 
 this section.  The program director shall administer the funds 
 appropriated for sections 119A.20 to 119A.23, consult with and 
 provide staff to the advisory council and perform other duties 
 related to abused children's programs as the commissioner may 
 assign; 

    (4) design a uniform method of collecting data on abused 
 children's programs to be used to monitor and assure compliance 
 of the programs funded under section 119A.21; 

    (5) provide technical aid to applicants in the development 
 of grant requests and to programs in meeting the data collection 
 requirements established by the commissioner; and 

    (6) adopt, under chapter 14, all rules necessary to 
 implement the provisions of sections 119A.20 to 119A.23.  

    HIST: 1994 c 552 s 3 

     119A.23 Advisory council. 

    Subdivision 1.    Generally.  The commissioner shall 
 appoint a 12-member advisory council to advise the commissioner 
 on the implementation and continued operation of sections 
 119A.20 to 119A.23.  The abused children advisory council shall 
 also serve as a liaison between the commissioner and 
 organizations that provide abused children services.  The terms 
 of members of the advisory council shall be two years.  No 
 member may serve on the advisory council for more than two 
 consecutive terms.  Council members shall not receive per diem 
 but shall receive expense reimbursements as specified in section 
 15.059.  In other matters section 15.059 shall govern the 
 operation of the advisory council.  

    Subd. 2.    Membership.  Persons appointed shall be 
 knowledgeable about or have interests in issues concerning 
 abused children and the programs that serve them, including the 
 need for effective advocacy services.  The membership of the 
 council shall broadly represent the interests of abused children 
 throughout Minnesota, including representation of people of 
 color and other individuals from traditionally underserved 
 population, and must include one member from the department of 
 human services child protection unit.  No more than six members 
 of the council may be representatives of community or 
 governmental organizations that provide abused children 
 services.  One-half of the council's members shall reside in the 
 metropolitan area consisting of the counties of Anoka, Carver, 
 Dakota, Hennepin, Ramsey, Scott, and Washington, and one-half of 
 the members shall reside in the nonmetropolitan area.  To the 
 extent possible, nonmetropolitan members must be representative 
 of all nonmetropolitan regions of the state.  

    Subd. 3.    Duties.  The advisory council shall:  

    (1) advise the commissioner on all planning, development, 
 data collection, rulemaking, funding, and evaluation of abused 
 children programs under section 119A.22; 

    (2) advise the commissioner on the adoption of rules under 
 chapter 14 governing the award of grants to ensure that funded 
 programs are consistent with section 119A.21; 

    (3) recommend to the commissioner the names of five 
 applicants for the position of abused children program director; 

    (4) advise the commissioner on the rules adopted under 
 chapter 14; 

    (5) review applications received by the commissioner for 
 grants under section 119A.21 and make recommendations on the 
 awarding of grants; and 

    (6) advise the program director in the performance of 
 duties in the administration and coordination of the programs 
 funded under section 119A.21.  

    Subd. 4.    Conflict of interest.  A member of the 
 advisory council shall be excluded from participating in review 
 and recommendation concerning a grant allocation if the member: 

    (1) serves or has served any time during the last three 
 years as an employee, consultant, volunteer, or governing board 
 member of an organization whose application is being reviewed; 
 or 

    (2) has a financial interest in the funding of the 
 applicant organization. 

    Subd. 5.    Advisory council recommendations.  The 
 commissioner shall consider the advisory council's 
 recommendations before awarding grants or adopting policies 
 regarding the planning, development, data collection, 
 rulemaking, funding, and abused children services for programs 
 funded under section 119A.21.  Before taking action on matters 
 related to programs and abused children services, except 
 day-to-day administrative operations, the commissioner shall 
 notify the advisory council of the intended action.  
 Notification of grant award decisions shall be given to the 
 advisory council in time to allow the council to request 
 reconsideration. 

    HIST: 1994 c 552 s 4 

     119A.25 Definitions. 

    Subdivision 1.    Applicability.  For purposes of 
 sections 119A.25 to 119A.33, the following terms have the 
 meanings given them in this section. 

    Subd. 2.    Chemical abuse.  "Chemical abuse" means the 
 use of a controlled substance or the abuse of alcoholic 
 beverages. 

    Subd. 3.    Controlled substance.  "Controlled substance"
 has the meaning given in section 152.01, subdivision 4. 

    Subd. 4.    Prevention activity.  "Prevention activity" 
 means an activity carried on by a government agency that is 
 designed to reduce chemical abuse and dependency, including 
 education, prevention, treatment, and rehabilitation programs. 

    Subd. 5.    Supply reduction activity.  "Supply 
 reduction activity" means an activity carried on by a government 
 agency that is designed to reduce the supply or use of 
 controlled substances, including law enforcement, eradication, 
 and prosecutorial activities. 

    HIST: 1989 c 290 art 9 s 1; 1989 c 356 s 56; 1991 c 279 s 
 10-13 

     119A.26 Office of drug policy and violence prevention. 

    Subdivision 1.    Office; assistant commissioner.  The 
 office of drug policy and violence prevention is an office in 
 the department of children, families, and learning headed by an 
 assistant commissioner appointed by the commissioner to serve in 
 the unclassified service.  The assistant commissioner may 
 appoint other employees.  The assistant commissioner shall 
 coordinate the violence prevention activities and the prevention 
 and supply reduction activities of state and local agencies and 
 provide one professional staff member to assist on a full-time 
 basis the work of the chemical abuse prevention resource council.

    Subd. 2.    Duties.  (a) The assistant commissioner 
 shall: 

    (1) gather, develop, and make available throughout the 
 state information and educational materials on preventing and 
 reducing violence in the family and in the community, both 
 directly and by serving as a clearinghouse for information and 
 educational materials from schools, state and local agencies, 
 community service providers, and local organizations; 

    (2) foster collaboration among schools, state and local 
 agencies, community service providers, and local organizations 
 that assist in violence intervention or prevention; 

    (3) assist schools, state and local agencies, service 
 providers, and organizations, on request, with training and 
 other programs designed to educate individuals about violence 
 and reinforce values that contribute to ending violence; 

    (4) after consulting with all state agencies involved in 
 preventing or reducing violence within the family or community, 
 develop a statewide strategy for preventing and reducing 
 violence that encompasses the efforts of those agencies and 
 takes into account all money available for preventing or 
 reducing violence from any source; 

    (5) submit the strategy to the governor by January 15 of 
 each calendar year, along with a summary of activities occurring 
 during the previous year to prevent or reduce violence 
 experienced by children, young people, and their families; and 

    (6) assist appropriate professional and occupational 
 organizations, including organizations of law enforcement 
 officers, prosecutors, and educators, in developing and 
 operating informational and training programs to improve the 
 effectiveness of activities to prevent or reduce violence within 
 the family or community. 

    (b) The assistant commissioner shall gather and make 
 available information on prevention and supply reduction 
 activities throughout the state, foster cooperation among 
 involved state and local agencies, and assist agencies and 
 public officials in training and other programs designed to 
 improve the effectiveness of prevention and supply reduction 
 activities. 

    (c) The assistant commissioner shall coordinate the 
 distribution of funds received by the state of Minnesota through 
 the federal Anti-Drug Abuse Act.  The assistant commissioner 
 shall recommend to the commissioner recipients of grants under 
 sections 119A.30 and 299A.33, after consultation with the 
 chemical abuse prevention resource council. 

    (d) The assistant commissioner shall: 

    (1) after consultation with all state agencies involved in 
 prevention or supply reduction activities, develop a state 
 chemical abuse and dependency strategy encompassing the efforts 
 of those agencies and taking into account all money available 
 for prevention and supply reduction activities, from any source; 

    (2) submit the strategy to the governor by January 15 of 
 each year, along with a summary of prevention and supply 
 reduction activities during the preceding calendar year; 

    (3) assist appropriate professional and occupational 
 organizations, including organizations of law enforcement 
 officers, prosecutors, and educators, in developing and 
 operating informational and training programs to improve the 
 effectiveness of prevention and supply reduction activities; 

    (4) provide information, including information on drug 
 trends, and assistance to state and local agencies, both 
 directly and by functioning as a clearinghouse for information 
 from other agencies; 

    (5) facilitate cooperation among drug program agencies; and 

    (6) in coordination with the chemical abuse prevention 
 resource council, review, approve, and coordinate the 
 administration of prevention, criminal justice, and treatment 
 grants. 

    HIST: 1989 c 290 art 9 s 2; 1991 c 238 art 1 s 14; 1991 c 279 
 s 14; 1991 c 345 art 2 s 51; 1992 c 571 art 10 s 20; 1Sp1995 c 3 
 art 16 s 13; 1997 c 7 art 2 s 10 

     119A.27 Chemical abuse and violence prevention council. 

    Subdivision 1.    Establishment; membership.  A chemical 
 abuse and violence prevention council consisting of 19 members 
 is established.  The commissioners of public safety, children, 
 families, and learning, health, corrections, and human services, 
 the director of the office of strategic and long-range planning, 
 and the attorney general shall each appoint one member from 
 among their employees.  The speaker of the house of 
 representatives and the subcommittee on committees of the senate 
 shall each appoint a legislative member.  The governor shall 
 appoint an additional ten members who shall represent the 
 demographic and geographic composition of the state and, to the 
 extent possible, shall represent the following:  public health; 
 education including preschool, elementary, and higher education; 
 social services; financial aid services; chemical dependency 
 treatment; law enforcement; prosecution; defense; the judiciary; 
 corrections; treatment research professionals; drug abuse 
 prevention professionals; the business sector; religious 
 leaders; representatives of racial and ethnic minority 
 communities; and other community representatives.  The members 
 shall designate one of the governor's appointees as chair of the 
 council.  Compensation and removal of members are governed by 
 section 15.059.  

    Subd. 2.    Acceptance of funds and donations.  The 
 council may accept federal money, gifts, donations, and bequests 
 for the purpose of performing the duties set forth in this 
 section and section 119A.28.  The council shall use its best 
 efforts to solicit funds from private individuals and 
 organizations to match state appropriations. 

    HIST: 1989 c 290 art 9 s 3; 1991 c 279 s 15; 1991 c 345 art 2 
 s 52; 1992 c 571 art 10 s 21; 1994 c 636 art 9 s 2; 1Sp1995 c 3 
 art 16 s 13 

     119A.28 Responsibilities of council. 

    Subdivision 1.    Purpose of council.  The general 
 purpose of the council is to serve as an advisory body to the 
 governor and the legislature on all aspects of alcohol and drug 
 abuse. 

    Subd. 2.    Specific duties and responsibilities.  In 
 furtherance of the general purpose specified in subdivision 1, 
 the council shall: 

    (1) assist state agencies in the coordination of drug 
 policies and programs and in the provision of services to other 
 units of government, communities, and citizens; 

    (2) promote among state agencies policies to achieve 
 uniformity in state and federal grant programs and to streamline 
 those programs; 

    (3) oversee comprehensive data collection and research and 
 evaluation of alcohol and drug program activities; 

    (4) seek the advice and counsel of appropriate interest 
 groups and advise the assistant commissioner of the office of 
 drug policy and violence prevention; 

    (5) seek additional private funding for community-based 
 programs and research and evaluation; 

    (6) evaluate whether law enforcement narcotics task forces 
 should be reduced in number and increased in geographic size, 
 and whether new sources of funding are available for the task 
 forces; 

    (7) continue to promote clarity of roles among federal, 
 state, and local law enforcement activities; and 

    (8) establish criteria to evaluate law enforcement drug 
 programs. 

    Subd. 3.    Grant programs.  The council shall, in 
 coordination with the assistant commissioner of the office of 
 drug policy and violence prevention, review and approve state 
 agency plans regarding the use of federal funds for programs to 
 reduce chemical abuse or reduce the supply of controlled 
 substances.  The appropriate state agencies would have 
 responsibility for management of state and federal drug grant 
 programs. 

    Subd. 4.    Annual report.  By February 1 each year, the 
 council shall submit a written report to the governor and the 
 legislature describing its activities during the preceding year, 
 describing efforts that have been made to enhance and improve 
 utilization of existing resources and to identify deficits in 
 prevention efforts, and recommending appropriate changes, 
 including any legislative changes that it considers necessary or 
 advisable in the area of chemical abuse and violence prevention 
 policy, programs, and services. 

    HIST: 1989 c 290 art 9 s 4; 1991 c 279 s 16; 1992 c 571 art 10 
 s 22,23; 1994 c 636 art 9 s 3 

     119A.29 Youth neighborhood centers; pilot projects 
  established. 

    Subdivision 1.    Establishment; requirements.  The 
 commissioner of children, families, and learning may establish 
 pilot projects at neighborhood centers serving youths between 
 the ages of 11 to 21.  The centers may offer recreational 
 activities, social services, meals, job skills and career 
 services, and provide referrals for youths to other available 
 services outside the centers.  The commissioner may consult with 
 other appropriate agencies and, to the extent possible, use 
 existing resources and staff in creating the programs.  The 
 commissioner shall ensure that the programs, if offered, are 
 adequately staffed by specially trained personnel and outreach 
 street workers.  Each center may integrate community volunteers 
 into the program's activities and services and cooperate with 
 local law enforcement agencies.  The centers must be open during 
 hours convenient to youths including evenings, weekends, and 
 extended summer hours.  However, there may not be any conflicts 
 with truancy laws.  Each center must have a plan for evaluation 
 designed to measure the program's effectiveness in aiding youths.

    Subd. 2.    Advisory board.  The commissioner shall 
 establish an advisory board to help develop plans and programs 
 for the youth centers established in subdivision 1.  The 
 commissioner shall encourage both youths and their families to 
 participate on the board. 

    HIST: 1995 c 226 art 3 s 44; 1Sp1995 c 3 art 16 s 13; 1996 c 
 408 art 2 s 4 

  119A.30 Repealed, 1997 c 239 art 3 s 25 

     119A.31 Community crime prevention programs; grants. 

    Subdivision 1.    Programs.  The commissioner shall, in 
 consultation with the chemical abuse and violence prevention 
 council, administer a grant program to fund community-based 
 programs that are designed to enhance the community's sense of 
 personal security and to assist the community in its crime 
 control and prevention efforts.  Examples of qualifying programs 
 include, but are not limited to, the following: 

    (1) community-based programs designed to provide services 
 for children under 14 years of age who are juvenile offenders or 
 who are at risk of becoming juvenile offenders.  The programs 
 must give priority to: 

    (i) juvenile restitution; 

    (ii) prearrest or pretrial diversion, including through 
 mediation; 

    (iii) probation innovation; 

    (iv) teen courts, community service; or 

    (v) post incarceration alternatives to assist youth in 
 returning to their communities; 

    (2) community-based programs designed to provide at-risk 
 children and youth under 14 years of age with after-school and 
 summer enrichment activities; 

    (3) community-based programs designed to discourage young 
 people from involvement in unlawful drug or street gang 
 activities such as neighborhood youth centers; 

    (4) neighborhood block clubs and innovative community-based 
 crime prevention programs; 

    (5) community- and school-based programs designed to enrich 
 the educational, cultural, or recreational opportunities of 
 at-risk children and youth, including programs designed to keep 
 at-risk youth from dropping out of school and encourage school 
 dropouts to return to school; 

    (6) community-based programs designed to intervene with 
 juvenile offenders who are identified as likely to engage in 
 repeated criminal activity in the future unless intervention is 
 undertaken; 

    (7) community-based collaboratives that coordinate multiple 
 programs and funding sources to address the needs of at-risk 
 children and youth, including, but not limited to, 
 collaboratives that address the continuum of services for 
 juvenile offenders and those who are at risk of becoming 
 juvenile offenders; 

    (8) programs that are proven successful at increasing the 
 rate of school success or the rate of post-secondary education 
 attendance for high-risk students; 

    (9) community-based programs that provide services to 
 homeless youth; 

    (10) programs designed to reduce truancy; 

    (11) other community- and school-based crime prevention 
 programs that are innovative and encourage substantial 
 involvement by members of the community served by the program; 

    (12) community-based programs that attempt to prevent and 
 ameliorate the effects of teenage prostitution; 

    (13) programs for mentoring at-risk youth, including youth 
 at risk of gang involvement; and 

    (14) programs operated by community violence prevention 
 councils. 

    Subd. 2.    Grant procedure.  A local unit of government 
 or a nonprofit community-based entity may apply for a grant by 
 submitting an application with the commissioner.  The applicant 
 shall specify the following in its application: 

    (1) a description of each program for which funding is 
 sought; 

    (2) outcomes and performance indicators for the program; 

    (3) a description of the planning process that identifies 
 local community needs, surveys existing programs, provides for 
 coordination with existing programs, and involves all affected 
 sectors of the community; 

    (4) the geographical area to be served by the program; 

    (5) statistical information as to the number of arrests in 
 the geographical area for violent crimes and for crimes 
 involving schedule I and II controlled substances.  "Violent 
 crime" includes a violation of or an attempt or conspiracy to 
 violate any of the following laws:  sections 609.185; 609.19; 
 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 
 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 
 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 
 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 
 subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 
 609.687; or any provision of chapter 152 that is punishable by a 
 maximum sentence greater than ten years; and 

    (6) the number of economically disadvantaged youth in the 
 geographical areas to be served by the program. 

    The commissioner shall give priority to funding 
 community-based collaboratives, programs that demonstrate 
 substantial involvement by members of the community served by 
 the program and programs that either serve the geographical 
 areas that have the highest crime rates, as measured by the data 
 supplied under clause (4), or serve geographical areas that have 
 the largest concentrations of economically disadvantaged youth.  
 Up to 2.5 percent of the appropriation may be used by the 
 commissioner to administer the program. 

    Subd. 3.    Report.  The commissioner shall submit a 
 written report to the children's cabinet and chairs of the 
 committees of the senate and house of representatives with 
 jurisdiction over criminal justice policy and funding of crime 
 prevention programs, by February 1 each year, based on the 
 information provided by applicants under this subdivision. 

    HIST: 1989 c 290 art 9 s 7; 1990 c 499 s 4; 1991 c 279 s 18; 
 1993 c 326 art 12 s 4,5; art 13 s 18; 1994 c 576 s 38,39; 1994 c 
 636 art 6 s 22; art 9 s 5; 1995 c 226 art 4 s 4; 1996 c 408 art 
 2 s 5; 1997 c 2 s 5; 1997 c 162 art 2 s 10 

     119A.32 Other duties. 

    The assistant commissioner assigned to the office of drug 
 policy and violence prevention, in consultation with the 
 chemical abuse and violence prevention council, shall: 

    (1) provide information and assistance upon request to 
 school preassessment teams established under section 126.034 and 
 school and community advisory teams established under section 
 126.035; 

    (2) provide information and assistance upon request to the 
 state board of pharmacy with respect to the board's enforcement 
 of chapter 152; 

    (3) cooperate with and provide information and assistance 
 upon request to the alcohol and other drug abuse section in the 
 department of human services; 

    (4) assist in coordinating the policy of the office with 
 that of the narcotic enforcement unit in the bureau of criminal 
 apprehension; and 

    (5) coordinate the activities of the regional drug task 
 forces, provide assistance and information to them upon request, 
 and assist in the formation of task forces in areas of the state 
 in which no task force operates. 

    HIST: 1989 c 290 art 9 s 8; 1989 c 356 s 57; 1991 c 279 s 19; 
 1992 c 571 art 10 s 25; 1994 c 636 art 9 s 6 

     119A.33 Cooperation of other agencies. 

    State agencies, and agencies and governing bodies of 
 political subdivisions, shall cooperate with the assistant 
 commissioner assigned to the office of drug policy and shall 
 provide any public information requested by the assistant 
 commissioner assigned to the office of drug policy. 

    HIST: 1989 c 290 art 9 s 9 

     119A.34 Multidisciplinary chemical abuse prevention team.

    Subdivision 1.    Establishment of team.  A county, a 
 multicounty organization of counties formed by an agreement 
 under section 471.59, or a city with a population of no more 
 than 50,000, may establish a multidisciplinary chemical abuse 
 prevention team.  The chemical abuse prevention team may 
 include, but not be limited to, representatives of health, 
 mental health, public health, law enforcement, educational, 
 social service, court service, community education, religious, 
 and other appropriate agencies, and parent and youth groups.  
 For purposes of this section, "chemical abuse" has the meaning 
 given in Minnesota Rules, part 9530.6605, subpart 6.  When 
 possible the team must coordinate its activities with existing 
 local groups, organizations, and teams dealing with the same 
 issues the team is addressing. 

    Subd. 2.    Duties of team.  (a) A multidisciplinary 
 chemical abuse prevention team shall: 

    (1) assist in coordinating chemical abuse prevention and 
 treatment services provided by various groups, organizations, 
 and agencies in the community; 

    (2) disseminate information on the chemical abuse 
 prevention and treatment services that are available within the 
 community in which the team is established; 

    (3) develop and conduct educational programs on chemical 
 abuse prevention for adults and youth within the community in 
 which the team is established; 

    (4) conduct activities to address other high-risk behaviors 
 related to chemical abuse, including, but not limited to, 
 suicide, delinquency, and family violence; and 

    (5) conduct other appropriate chemical abuse prevention 
 activities. 

    (b) The team, in carrying out its duties under this 
 subdivision, must focus on chemical abuse issues and needs 
 unique to the community in which the team is established.  In 
 defining the needs and goals of the team, the team shall consult 
 with the governmental body of the city or county in which the 
 team is established.  When a team is established in a 
 multicounty area, the team shall consult with representatives of 
 the county boards of each county. 

    (c) The team, in carrying out its duties, shall comply with 
 the government data practices act in chapter 13, and 
 requirements for confidentiality of records under Code of 
 Federal Regulations, title 42, sections 2.1 to 2.67, as amended 
 through December 31, 1988, and section 254A.09. 

    Subd. 3.    Grants for demonstration program.  The 
 assistant commissioner of the office of drug policy may award a 
 grant to a county, multicounty organization, or city, as 
 described in subdivision 1, for establishing and operating a 
 multidisciplinary chemical abuse prevention team.  The assistant 
 commissioner may approve up to five applications for grants 
 under this subdivision.  The grant funds must be used to 
 establish a multidisciplinary chemical abuse prevention team to 
 carry out the duties in subdivision 2. 

    Subd. 4.    Assistant commissioner; administration of 
 grants.  The assistant commissioner shall develop a process 
 for administering grants under subdivision 3.  The process must 
 be compatible with the community grant program under the Drug 
 Free Schools and Communities Act, Public Law Number 100-690.  
 The process for administering the grants must include 
 establishing criteria the assistant commissioner shall apply in 
 awarding grants.  The assistant commissioner shall issue 
 requests for proposals for grants under subdivision 3.  The 
 request must be designed to obtain detailed information about 
 the applicant and other information the assistant commissioner 
 considers necessary to evaluate and select a grant recipient.  
 The applicant shall submit a proposal for a grant on a form and 
 in a manner prescribed by the assistant commissioner.  The 
 assistant commissioner shall award grants under this section so 
 that 50 percent of the funds appropriated for the grants go to 
 the metropolitan area comprised of Anoka, Carver, Dakota, 
 Hennepin, Ramsey, Scott, and Washington counties, and 50 percent 
 of the funds go to the area outside the metropolitan area.  The 
 process for administering the grants must also include 
 procedures for monitoring the recipients' use of grant funds and 
 reporting requirements for grant recipients. 

    HIST: 1989 c 290 art 12 s 1; 1991 c 345 art 2 s 53 

     119A.37 Grants for family visitation centers. 

    Subdivision 1.    Purpose.  The commissioner shall issue 
 a request for proposals from existing local nonprofit, 
 nongovernmental, or governmental organizations, to use existing 
 local facilities as family visitation centers which may also be 
 used for visitation exchanges.  The commissioner shall award 
 grants in amounts up to $50,000 for the purpose of creating or 
 maintaining family visitation centers in an effort to reduce 
 children's vulnerability to violence and trauma related to 
 family visitation, where there has been a history of domestic 
 violence or abuse within the family.  The commissioner shall 
 award the grants to provide the greatest possible number of 
 family visitation centers and to locate them to provide for the 
 broadest possible geographic distribution of the centers 
 throughout the state.  

    Each children's family visitation center must use existing 
 local facilities to provide a healthy interactive environment 
 for parents who are separated or divorced and for parents with 
 children in foster homes to visit with their children.  The 
 centers must be available for use by district courts who may 
 order visitation to occur at a family visitation center.  The 
 centers may also be used as drop-off sites, so that parents who 
 are under court order to have no contact with each other can 
 exchange children for visitation at a neutral site.  Each center 
 must provide sufficient security to ensure a safe visitation 
 environment for children and their parents.  A grantee must 
 demonstrate the ability to provide a 25 percent local match, 
 which may include in-kind contributions. 

    Subd. 2.    County involvement.  Each county or group of 
 counties is encouraged to provide supervised visitation services 
 in an effort to fill the gap in the court system that orders 
 supervised visitation but does not provide a center to 
 accomplish the supervised visitation as ordered.  Each county or 
 group of counties is encouraged to either financially contribute 
 to an existing family visitation center in the area, or 
 establish a new center if there is not one in the area, possibly 
 through county social services.  In creating a new center, the 
 county may collaborate with other counties, other family 
 visitation centers, family services collaboratives, court 
 services, and any other entity or organization.  The goal is to 
 provide family visitation centers statewide.  The county shall 
 apply for funding that may be available through the federal 
 government, specifically for family preservation or family 
 reunification purposes, or any other source of funding that will 
 aid in developing and maintaining this vital service. 

    Subd. 3.    Funding.  The commissioner may award grants 
 to create or maintain family visitation centers. 

    In awarding grants to maintain a family visitation center, 
 the commissioner may award a grant to a center that can 
 demonstrate a 35 percent local match, provided the center is 
 diligently exploring and pursuing all available funding options 
 in an effort to become self-sustaining, and those efforts are 
 reported to the commissioner. 

    In awarding grants to create a family visitation center, 
 the commissioner shall give priority to: 

    (1) areas of the state where no other family visitation 
 center or similar facility exists; 

    (2) applicants who demonstrate that private funding for the 
 center is available and will continue; and 

    (3) facilities that are adapted for use to care for 
 children, such as day care centers, religious institutions, 
 community centers, schools, technical colleges, parenting 
 resource centers, and child care referral services.  

    In awarding grants to create or maintain a family 
 visitation center, the commissioner shall require the proposed 
 center to meet standards developed by the commissioner to ensure 
 the safety of the custodial parent and children. 

    Subd. 4.    Additional services.  Each family visitation 
 center may provide parenting and child development classes, and 
 offer support groups to participating custodial parents and hold 
 regular classes designed to assist children who have experienced 
 domestic violence and abuse.  Each family visitation center must 
 have available an individual knowledgeable about or experienced 
 in the provision of services to battered women on its staff, its 
 board of directors, or otherwise available to it for 
 consultation. 

    Subd. 5.    Administration.  In administering the grants 
 authorized by this section, the commissioner shall ensure that 
 the term "family visitation center" is used in all future 
 applications, publicity releases, requests for proposals, and 
 other materials of like nature.  Materials published prior to 
 the enactment of this legislation which use different terms may 
 be distributed by the commissioner until supplies are gone. 

    HIST: 1992 c 571 art 10 s 17; 1995 c 207 art 4 s 21; 1997 c 
 203 art 5 s 37; 1997 c 239 art 7 s 2,3