Article 28, Children and Families; Licensing



Bill Summary Comparison ofHealth and Human ServicesSenate File 3656-2House File 3138-3Article 28, Children and Families; Licensing Article 7, Children and FamiliesPrepared by:Senate Counsel, Research and Fiscal Analysis and House ResearchMay 7, 2018This publication can be made available in alternative format upon request. Please call 651-296-6753 (voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance.Article 28, Children and Families; Licensing Article 7, Children and FamiliesSections 1 to 3, 5, 6, and 8 to 10, are provisions necessary to comply with the federal Child Care and Development Block Grant (CCDBG) requirements.Sections 1, 2, and 4 to 7 are provisions related to compliance with the federal Child Care and Development Block Grant Act of 2014.Section 1 (119B.011, subd 13b) defines the term “homeless.”Effective date is August 12, 2019. The Senate includes a special effective date and the House does not. Section 1. Homeless. Amends § 119B.011, by adding subd. 13b. Defines “homeless” under the child care assistance program statutes.See also sections 4 and 6.Section 2 (119B.011, subd. 19) requires all providers, including out of state providers receiving CCAP, meet federal health and safety requirements as certified by the licensing state or tribe, or as determined by receipt of CCDBG funds in the licensing state. Senate onlySection 3 (119B.011, subd. 20) modifies assistance for transition year families to ensure that families who received MFIP for at least one, instead of three, of the last six months, will quality for transition year child care. The Senate includes an October 8, 2018, effective date and the House does not.Section 2. Transition year families. Amends § 119B.011, subd. 20. Modifies the definition of “transition year families” by modifying the eligibility of families who have received Diversionary Work Program (DWP) assistance for transition year assistance.Section 4 (119B.02, subd. 7) requires that the commissioner conduct the child care market survey every three years, instead of biennially, and conduct the next survey of prices charged by child care providers in Minnesota in fiscal year 2021.The House and the Senate both change the frequency of the child care market rate survey from every two years to every three years. The House makes this effective retroactively from 2016 and the Senate makes it effective in fiscal year 2021.Section 3. Child care market rate survey. Amends § 119B.02, subd. 7. Changes the frequency of the child care market rate survey from once every two years to once every three years effective retroactively from the market rate survey conducted in calendar year 2016.Section 5 (119B.025, subd. 1) establishes an expedited application process for homeless families applying for the child care assistance program (CCAP). Proof of eligibility must be submitted within three months of the application date.IdenticalSection 4. Applications. Amends § 119B.025, subd. 1. Specifies the process counties must follow when handling applications of families who meet the definition of homeless.Section 6 (119B.03, subd. 9) eliminates the six-month limit on the portability pool assistance. The portability pool is funded with up to five percent of the annual appropriation for basic sliding fee, and provides continuous child care assistance for eligible families who move to a different county in Minnesota.The Senate includes an October 8, 2018, effective date and the House does not. Section 5. Portability pool. Amends § 119B.03, subd. 9. Modifies the portability pool by requiring families who are receiving basic sliding fee child care assistance and move from one county to another to notify the family’s previous county of residence of the move (under current law, families must notify the new county of residence within 60 days of moving and submit information to the new county of residence to verify eligibility for the basic sliding fee program). Removes the six-month time limit on receipt of portability pool assistance.Section 7 (119B.06, subd. 1) modifies the administration of the child care block grant, specifically the discretionary amounts provided for federal fiscal year 2018 and reserved for quality activities. The commissioner must ensure that funds are prioritized to increase the availability of training and business planning assistance for child care providers. Senate onlySections 8 and 9 (119B.09, subd.1 and 119B.095, subd. 2) modify provisions to allow families to remain eligible for CCAP until the redetermination, when a child turns 13 years old or a child with a disability turns 15 years old. Senate onlyHouse onlySection 6. Assistance for persons who are experiencing homelessness. Amends § 119B.095, by adding subd. 3. Makes homeless applicants for child care assistance eligible for 60 hours of child care assistance per service period for three months from the date the county receives the application. Allows additional hours to be authorized as needed based on the applicant’s participation in employment, education, or MFIP or DWP employment plan. Requires the parent to verify that the parent meets eligibility and activity requirements for child care assistance to continue receiving assistance after the initial three months.Section 10 (119B.13, subd. 1) amends the child care assistance provider rates.? The maximum rate is the greater of the percentile calculated by the commissioner of the most recent rate survey or the rates in effect at the time of the update.? For the first update on February 22, 2019, the commissioner is required to determine the percentile of the most recent survey, not to exceed the 25th percentile, that can be funded using the CCDBG and any subsequent federal appropriation for FY2019, after complying with other federal CCDBG requirements enacted in 2018.? Beginning in fiscal year 2022, the commissioner, in consultation with the Commissioner of Management and Budget, shall determine the amount of federal funding for child care assistance rates, not to exceed the 25th percentile, so the rates are paid only with federal CCDBG funds.? If federal funds are not sufficient to maintain the enacted compliance requirements, the commissioner must adjust maximum rates to remain within the limits of available funds. The Senate modifies the maximum child care provider reimbursement rates by basing rates on the most recent market rate survey and limits future reimbursement rate updates to increases in federal CCDF money. The House modifies the maximum child care provider reimbursement rates by basing rates on the 2016 market rate survey beginning on July 1, 2019, and allocating the additional BSF funds for calendar year 2019 due to updated rates to counties based on relative need to cover the rate increases.Senate section is effective February 22, 2019.Section 7. Subsidy restrictions. Amends § 119B.13, subd. 1. Beginning July 1, 2019, modifies the child care assistance program maximum rates to be based on the 2016 child care provider rate survey. Adds paragraph (j), which requires the commissioner to allocate the additional basic sliding fee child care funds for calendar year 2019 due to the updated provider rate survey to counties based on relative need to cover the maximum rate increases. Lists factors the commissioner must consider in distributing the additional funds.Section 11 (245A.06, subd. 8) amends the Department of Human Services Licensing Act, specifically Minnesota Statutes, section 245A.06, by eliminating the requirement that a child care provider or child care center post a correction order in a conspicuous place.IdenticalSection 8. Requirement to post correction order. Amends § 245A.06, subd. 8. Removes requirement for licensed child care providers and centers to post correction orders, and removes paragraphs (b) and (c), which apply to the posting of correction orders. Does not remove posting requirements for conditional licenses.Section 12 (245A.175) amends the Department of Human Services Licensing Act, specifically the child foster care training requirements related to fetal alcohol spectrum disorders (FASD).? This section requires that, except for providers and services under Minnesota Statutes, chapter 245D, the annual training include at least one hour of training on FASD, which must be counted towards the 12 hours training required per year.H.F. 3265, section 1, passed House. Identical.House onlySection 9. Emergency preparedness. Amends § 245A.41, subd. 3. Requires a licensed child care center to have a separate written emergency plan for an intruder emergency that complies with the requirements of the subdivision. Requires the license holder to inform parents or legal guardians that such a plan is in place, but prohibits the license holder from distributing or displaying the intruder emergency preparedness plan. Allows the license holder to make the plan available to law enforcement and the licensing agency, but prohibits the licensing agency from retaining a copy of the plan.House onlySection 10. Training requirements for family and group family child care. Amends § 245A.50, subd. 7. Modifies family and group family child care training requirements by allowing approved trainers who teach training courses through the Minnesota Center for Professional Development in the required topic areas to count the hours spent conducting training toward their annual child care training hour requirements. Makes the section effective the day following final enactment.House onlySection 11. Emergency preparedness plan. Amends §245A.51, subd. 3. Requires a licensed family child care provider to have a separate written emergency plan for an intruder emergency that complies with the requirements of the subdivision. Requires the license holder to inform parents or legal guardians that such a plan is in place, but prohibits the license holder from distributing or displaying the intruder emergency preparedness plan. Allows the license holder to make the plan available to law enforcement and county licensing staff, but prohibits county licensing staff from retaining a copy of the plan.Section 13 (245C.14) prohibits the commissioner from disqualifying an individual from direct contact or access to a person receiving services from a license holder based on a record of conviction that was expunged or any underlying fact or element from an expunged record of arrest, criminal charge, or conviction and the order was directed specifically to the commissioner.Senate onlySection 14 (245C.15, subd. 6) adds a new subdivision in the section of law listing the disqualifying crimes in the background study chapter of law.? The new language states that the commissioner shall not disqualify an individual subject to a background study based on a record of conviction that was expunged or any underlying fact of an element of the expunged conviction.Senate onlySection 15 (245C.16, subd. 1) modifies the law in which the commissioner determines immediate risk of harm to persons served by a program.? The new language provides that this section does not apply to a background study subject who has a conviction that was expunged and the order was directed specifically to the commissioner.Senate onlySections 16 and 17 (245C.22, subd. 8 and 245C.24, subd. 5) add a new subdivision to the section of law relating to the review and action on a reconsideration request and the section of law setting aside a disqualification or requesting a variance, respectively.? The new subdivisions state that the commissioner shall not disqualify an individual subject to a background study based on a record of conviction that was expunged and the order was directed specifically to the commissioner, or any underlying fact or element from an expunged record directed specifically to the commissioner.Senate onlySection 18 (254A.035, subd. 2) extends from June 30, 2018, to June 30, 2023, the American Indian Advisory Council.Senate onlySection 19 (256.01, subd. 14b) modifies the? subdivision related to American Indian child welfare projects, by requiring the commissioner and the Red Lake Nation, in consultation with Beltrami, Clearwater, and Lake of the Woods Counties, to develop a proposal to transfer responsibility to the tribe for child welfare and child protection services provided to tribal members.? The proposal is due by January 15, 2019.Senate onlySection 20?(256K.45, subd. 2) exempts the commissioner from preparing the required report under this section of law, and instead update the 2007 report on homeless?youth under section 27. Technical difference in a cross-reference to the report on homeless youth section.Section 12. Homeless youth report. Amends § 256K.45, subd. 2. Exempts the commissioner from preparing the biennial homeless youth report in 2019 and requires the commissioner to update the 2007 report on homeless youth.House onlySection 13. Stable housing and support services for vulnerable youth. Proposes coding for § 256K.46. Subd. 1. Definitions. Defines the following terms, for the purposes of this section:(a) “Eligible applicant”(b) “Living essentials”(c) “Support services”(d) “Transitional housing”(e) “Vulnerable youth” Subd. 2. Grants authorized. Allows the commissioner of human services to award grants to programs licensed to provide transitional housing and supportive services to vulnerable youth, for two-year periods. Specifies that the commissioner shall determine the number of grants awarded and that the commissioner may reallocate underspending. Subd. 3. Program variance. Specifies that the commissioner may grant a variance allowing a program licensed to provide transitional housing and support services to 16- and 17-year-olds, to serve 13- to 17-year-olds under this grant program. Subd. 4. Allocation of grants. (a) Specifies the information that must be included in the grant applications.(b) Specifies the purposes of the grants, including, but not limited to, the following:(1) transitional housing, meals, and living essentials to vulnerable youth and their children;(2) support services;(3) mental health and substance use disorder counseling;(4) staff training;(5) case management and referral services;(6) aftercare and follow-up services.(c) Requires the commissioner to establish criteria for grants; specifies some criteria. Allows commissioner to request additional information. Subd. 5. Awarding of grants. Establishes dates by which the commissioner must notify grantees and disburse funds. Subd. 6. Update. Requires the commissioner to consult with providers serving vulnerable youth and older youth, to make recommendations to resolve conflicting licensing and program requirements and foster best practices. Specifies that recommendations may include the development of additional certifications. Requires the commissioner to provide an update on these tasks to the legislature by January 15, 2019.Section 21 (256M.41, subd. 3) modifies the subdivision that distributes funds to counties for child protection services. This section eliminates the 20 percent withhold, so the counties receive 100 percent of the allocation when funds are distributed. Under current law, 20 percent of the?funds are withheld, and?distributed to counties after the commissioner determines the county’s compliance with performance standards.Senate discontinues 20 percent withhold. House does not. House requires that withheld funds for counties that do not meet requirements be transferred to support the Child Welfare Training Academy.Section 14. Payments based on performance. Amends § 256M.41, subd. 3. Requires that funds withheld from counties that do not meet child protection performance outcome thresholds for face-to-face contact and visits be transferred to be used for the Child Welfare Training Academy.Section 22 (256M.41, subd. 4) requires the commissioner to set child protection measures and standards.? An underperforming county must demonstrate that the county has designated sufficient funds and implemented a reasonable strategy to improve child protection performance. The commissioner may redirect up to 20 percent of a county’s funds toward the performance improvement plan for a county not demonstrating significant improvement, or impose sanctions.Senate onlySection 23 (256N.24, subd. 2a) requires the Commissioner of Human Services, in consultation with representatives from communities of color and others, to review and revise the Minnesota assessment of parenting for children and youth (MAPCY) tool that is used to assess children to determine eligibility for benefits?under Northstar Care for Children, and incorporate changes that take into consideration different cultures and the diverse needs of communities of color.Senate onlySection 24 (260.835, subd. 2) extends from June 30, 2018, to June 30, 2023, the American Indian Child Welfare Advisory Council.Senate onlySection 25 (260C.008, subd. 1) lists the rights of?siblings who are placed in foster care.Subdivision 2 provides the interpretation of the rights, which are established for the benefit of siblings in foster care, and the rights do not replace or diminish other rights, liberties, and responsibilities that may exist relative to children in foster care.Subdivision 3 requires that a copy of the rights be provided to a child who has a sibling at the time the child enters foster care, and the foster care provider.? The copy must contain the contact information for the Office of Ombudsman for Families and a statement explaining how to file a complaint with the office.This section is effective for children entering foster care on or after August 1, 2018. Subdivision 3 is effective?August 1, 2018, for all children in foster care.H.F. 3265, section 2, passed House. Identical except for technical difference. Staff recommends Senate language.Section 26 (260C.81) establishes the Child Welfare Training Academy.? The academy must be administered through five regional hubs, and each hub shall deliver training targeted to the needs to of the region.? Each child welfare worker and supervisor shall be required to complete a certification including a competency-based knowledge test and a skills demonstration after initial training, and biennially thereafter. The commissioner shall develop ongoing training requirements and a method for tracking certifications. The commissioner shall enter into a partnership with the U of M to collaborate in the administration of the workforce training, and enter into a partnership with one or more agencies to provide consultation, subject matter expertise, and capacity building in organizational resilience and child welfare workforce well-being. Senate codifies the section; House does not. Technical differences; Senate headnote is “Child Welfare Training System,” and House headnote is “Child Welfare Training Academy.” Technical differences in structure. Section 20. Child Welfare Training Academy. Subd. 1. Modifications. (a) Requires the commissioner of human services to modify the Child Welfare Training System and rename it as the Child Welfare Training Academy. (b) Specifies that the Academy will be administered through five regional hubs, each of which will provide training targeted to the needs of the region.(c) Specifies that the Academy will use training methods best suited to the training content, employing national best practices in adult learning. Lists methodologies to be used.(d) Requires each child welfare worker and supervisor to complete a certification, including a test and skills demonstration, at the end of initial training and biennially thereafter. Requires the commissioner of human services to develop ongoing training requirements and way to track certifications.(e) Requires each regional hub to have a regional organizational effectiveness specialist trained in continuous quality improvement strategies, who will provide organizational change assistance to counties and tribes.(f) Specifies that the Academy must include training and resources that address worker well-being and secondary traumatic stress.(g) Specifies that the Academy will serve county and tribal child welfare workers and supervisors, and staff at private child placement agencies that partner with counties. Subd. 2. Partners. Requires the commissioner of human services to partner with the University of Minnesota to administer the workforce trainings. Requires the commissioner of human services to partner with one or more other agencies for consultation, subject matter expertise, and capacity building in organizational resilience and workforce well-being.Subdivision 2 allows the commissioner to adopt rules necessary to establish the child welfare training academy. If the commissioner does not adopt rules by December 31, 2020, rulemaking authority is repealed. Rulemaking authority under this section is not continuing authority to amend or repeal rules. Any additional action on rules after adoption must be under specific statutory authority.Different. Senate rulemaking provision is in statute, House is not. Senate repeals rulemaking authority December 31, 2020, and imposes other requirements.Section 22. Rulemaking. Allows the commissioner of human services to adopt necessary rules to establish the Child Welfare Training Academy.House onlySection 15. Minn-LInK study. Proposes coding for § 260C.81. (a) Requires the commissioner of human services to partner with the University of Minnesota’s Minn-LInK statewide data project to conduct an annual study on characteristics, experiences, and outcomes of children and families in the child welfare system. Requires Minn-LInK researchers to provide research and consultation to the Child Welfare Training Academy each year.(b) Requires the commissioner to submit a report of the research results to the governor and relevant legislative committees annually by December 15.House onlySection 16. Parent not considered voluntarily unemployed, underemployed, or employed on a less than full-time basis. Amends § 518A.32, subd. 3. Modifies the circumstances in which a parent is not considered to be voluntarily unemployed, underemployed, or employed on a less than full-time basis for child support calculation purposes. Makes this subdivision applicable to all incarcerated parents by removing the exception for parents incarcerated due to nonpayment of child support.Makes this subdivision applicable to a parent who has been determined to be eligible for general assistance or Supplemental Security Income payments. Specifies that any income that is not from public assistance payments may be considered in calculating child support.House onlySection 17. Consumer reporting agency; reporting arrears. Amends § 518A.685. Removes the requirement that the public authority inform the consumer reporting agency if an obligor is currently paying child support, if an obligor has paid the arrears in full or is making the obligated monthly payments with added arrearage payments.Section 27 (626.556, subd. 17) requires the commissioner to partner with select Minnesota counties and tribal child welfare agencies, including Hennepin County and at least one rural county, and other counties must represent a balance around the state, to make recommendations for the creation of a safety and risk-based framework that will improve appropriate, timely, and adequate responses to a child’s safety needs using a trauma-informed lens. The commissioner, county, and tribal child welfare agencies shall review the child maltreatment statutes, administrative rules, guidelines, and practice, and make recommendations on modifications needed to implement a safety and risk-based framework and a response system that enhances the protection of children. In forming the recommendations, the commissioner shall consult with county attorneys, law enforcement and others.? Under paragraph (b), the commissioner is required to make the recommendations by January 31, 2019.Senate onlySection 28?requires the Commissioner of Human Services to update the information in the 2007 Legislative Report on homeless youth in lieu of the biennial homeless youth report under chapter 256K.? In developing the updated report, the commissioner may use existing data, studies, and analysis provided by the state, county, and other entities, including the different sources listed in the bill. The report may include three key elements, which are listed in subdivision 2. The report is due February 15, 2018.Subd. 1 is identical.Subd. 2, paragraphs (a) and (c) are identical. In paragraph (b), the Senate allows certain data to be included in the report and the House requires the data to be included in the report.Section 18. 2018 Report to the legislature on homeless youth. Subd. 1. Report development. In lieu of the biennial homeless youth report under the Homeless Youth Act, requires the commissioner of human services to update the information in the 2007 legislative report on runaway and homeless youth. Allows the commissioner to use existing data, studies, and analysis provided by state, county, and other listed entities. Subd. 2. Key elements; due date. Paragraph (a) allows the commissioner to include in the report three key elements where significant learning has occurred in the state since the 2007 report.Paragraph (b) lists information the report must include.Paragraph (c) allows the commissioner of human services to consult with community-based providers of homeless youth services and other expert stakeholders to complete the report; and requires the commissioner to submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over youth homelessness by February 15, 2019.Section 29?requires the commissioner to form an African American child welfare work group within the implementation work group for the Governor’s Child Protection Task Force to help formulate policies and procedures relating to African American child welfare services. The work group shall report its findings and recommendations by February 1, 2019.Senate onlySection 30?requires the commissioner to work with six counties, which must include Hennepin County and at least one rural county, and other counties must represent a balance around the state, to review the background study and licensing processes for relative foster care, and report recommendations by January 31, 2019.Senate onlySection 31?requires the Commissioners of Human Services and Health, and the Revisor of Statutes to draft legislation to consolidate into one new state agency the licensing, background study, and related oversight functions that are currently in DHS and MDH.? This would include the Office of Inspector General, the Minnesota Adult Abuse Reporting Center, and the Office of Health Facility Complaints.? The legislation is due to the chairs and ranking minority members of the committees having jurisdiction over human services issues by December 15, 2018, with the new agency beginning operations on July 1, 2019.Both sections relate to restructuring DHS. Senate requires the commissioners of human services and health and the Revisor to draft legislation to consolidate into one new state agency the licensing, background study, and related oversight functions. House creates a working group to consider restructuring DHS.Article 9, section 6. Human Services Department Restructuring Working Group. Subd. 1. Establishment; membership. Paragraph (a) establishes a working group to consider restructuring DHS.Paragraph (b) lists the membership of the working group.Paragraph (c) requires the appointing authorities to complete their appointments no later than July 1, 2018. Subd. 2. Duties. Requires the working group to review the current structure of DHS and programs administered by DHS and propose a restructuring of the agency to provide for better coordination and control of programs, accountability, and continuity. Lists issues the working group must consider in making recommendations. Subd. 3. Meetings. Requires the legislative auditor or a designee to: (1) convene the first meeting of the working group no later than August 1, 2018; and (2) serve as the chair of the working group. Specifies that meetings of the working group are open to the public. Subd. 4. Compensation. Requires members of the working group to serve without compensation or reimbursement for expenses. Subd. 5. Administrative support. Requires the Legislative Coordinating Commission to provide administrative support for the working group and arrange for meeting space. Subd. 6. Report. Requires the working group to submit a report with findings, recommendations, and draft legislation to the chairs and ranking minority members of the legislative committees with jurisdiction over human services policy and finance. Requires the report to include a discussion of costs and benefits associated with any proposed restructuring. Subd. 7. Expiration. Makes the working group expire on a blank date or the day after the working group submits the report required under subdivision 6, whichever is earlier.Makes this section effective the day following final enactment.House onlySection 19. Task force on childhood trauma-informed policy and practices. Subd. 1. Establishment. Requires the commissioner of human services to establish and appoint a task force on trauma-informed policy and practice, and reduce children’s exposure to ACEs. Lists the members of the task force. Subd. 2. Staff. Requires the commissioner of human services to provide meeting space, support staff, and administrative services. Subd. 3. Duties. Requires the task force to: (1) engage the human services, education, public health, and justice systems to create trauma-informed policy and practices, prevent and reduce ACEs, and support family health and well-being; and (2) identify social determinants of family health and well-being, and recommend solutions to eliminate racial and ethnic disparities in Minnesota. Subd. 4. Report. Requires the task force to submit a report on its results and policy recommendations to the relevant legislative committees, by January 15, 2019. Subd. 5. Expiration. Specifies that the task force expires when the report is submitted.Makes this section effective the day following final enactment.House onlySection 21. Child welfare caseload study. (a) Requires the commissioner of human services to conduct a child welfare caseload study by July 1, 2019, collecting data on the number of child welfare workers in the state and the amount of time they spend on different aspects of their work. (b) Requires the commissioner of human services to submit a report on the results of the study by December 1, 2019.(c) Requires the commissioner to work with counties and other stakeholders to develop a method to monitor child welfare caseloads on an ongoing basis.House onlyArticle 9, section 8. Commissioner of human services child care licensing rulemaking authority. Prohibits the commissioner of human services from adopting rules under Minnesota Statutes, chapter 14, related to family child care, group family child care, or child care centers, unless otherwise expressly authorized by law enacted on or after the effective date. Makes the section effective the day following final enactment.House onlySection 23. Revisor’s Instruction. Instructs the Revisor of Statutes, in consultation with the Department of Human Services, House Research Department, and Senate Counsel, Research and Fiscal Analysis to change the terms “food support” and “food stamps” to “Supplemental Nutrition Assistance Program” or “SNAP” in Minnesota Statutes and Rules when appropriate. Allows the revisor to make technical and other necessary changes to sentence structure to preserve the meaning of the text.House onlySection 24. Effective date. Paragraph (a) makes sections 1, 2, and 4 to 7 effective contingent upon: (1) receipt of federal child care and development funds in an amount sufficient to cover the cost associated with the amendments to those sections; and (2) satisfactory completion of the Legislative Advisory Commission review of federal funds. Paragraph (b) lists priorities for implementation of the child care assistance program changes if the additional federal funds are not sufficient to cover the cost of all of those changes. Paragraph (c) requires the commissioner of human services to determine if the additional federal funds are sufficient by June 30, 2018, and to notify the revisor of statutes when sections 1, 2, and 4 to 7 are effective. ................
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