A bill for an act
relating to human services; the Department of Human Services Office of Inspector
General executive bill on children's licensing issues; amending Minnesota Statutes
2022, sections 245A.04, subdivision 10, by adding a subdivision; 245A.09,
subdivision 7; 245A.16, by adding a subdivision; 245A.66, subdivision 2; 245E.08;
245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions
1, 4; 260E.30, subdivision 3; Minnesota Statutes 2023 Supplement, sections
245A.02, subdivision 2c; 245A.16, subdivision 11; 245C.02, subdivision 6a;
245H.06, subdivisions 1, 2; 245H.08, subdivisions 4, 5; proposing coding for new
law in Minnesota Statutes, chapter 245H; repealing Minnesota Rules, part
9545.0805, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2023 Supplement, section 245A.02, subdivision 2c, is
amended to read:
For
the purposes of new text begin family child care under new text end sections 245A.50 to 245A.53new text begin and family child foster
care trainingnew text end , "annual" or "annually" means each calendar year.
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 245A.04, subdivision 10, is amended to read:
In addition to the other
requirements of this section, an individual or organization applying for a license to place
children for adoption must:
(1) incorporate as a nonprofit corporation under chapter 317A;
(2) file with the application for licensure a copy of the disclosure form required under
section 259.37, subdivision 2;
(3) provide evidence that a bond has been obtained and will be continuously maintained
throughout the entire operating period of the agency, to cover the cost of transfer of records
to and storage of records by the agency which has agreed, according to rule established by
the commissioner, to receive the applicant agency's records if the applicant agency voluntarily
or involuntarily ceases operation and fails to provide for proper transfer of the records. The
bond must be made in favor of the agency which has agreed to receive the records; and
(4) submit a deleted text begin certified auditdeleted text end new text begin financial review completed by an accountantnew text end to the
commissioner each year the license is renewed as required under section 245A.03, subdivision
1.
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This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 245A.04, is amended by adding a subdivision to
read:
new text begin
Upon implementation
of a continuous license process for family child foster care, the annual program evaluation
required under Minnesota Rules, part 2960.3100, subpart 1, item G, must be conducted
utilizing the electronic licensing inspection checklist information and the provider licensing
and reporting hub in a manner prescribed by the commissioner.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 245A.09, subdivision 7, is amended to read:
(a) Where appropriate and feasible the commissioner
shall identify and implement alternative methods of regulation and enforcement to the extent
authorized in this subdivision. These methods shall include:
(1) expansion of the types and categories of licenses that may be granted;
(2) when the standards of another state or federal governmental agency or an independent
accreditation body have been shown to require the same standards, methods, or alternative
methods to achieve substantially the same intended outcomes as the licensing standards,
the commissioner shall consider compliance with the governmental or accreditation standards
to be equivalent to partial compliance with the licensing standards; and
(3) use of an abbreviated inspection that employs key standards that have been shown
to predict full compliance with the rules.
(b) If the commissioner accepts accreditation as documentation of compliance with a
licensing standard under paragraph (a), the commissioner shall continue to investigate
complaints related to noncompliance with all licensing standards. The commissioner may
take a licensing action for noncompliance under this chapter and shall recognize all existing
appeal rights regarding any licensing actions taken under this chapter.
(c) The commissioner shall work with the commissioners of health, public safety,
administration, and education in consolidating duplicative licensing and certification rules
and standards if the commissioner determines that consolidation is administratively feasible,
would significantly reduce the cost of licensing, and would not reduce the protection given
to persons receiving services in licensed programs. Where administratively feasible and
appropriate, the commissioner shall work with the commissioners of health, public safety,
administration, and education in conducting joint agency inspections of programs.
(d) The commissioner shall work with the commissioners of health, public safety,
administration, and education in establishing a single point of application for applicants
who are required to obtain concurrent licensure from more than one of the commissioners
listed in this clause.
(e) Unless otherwise specified in statute, the commissioner may conduct routine
inspections biennially.
(f) For a licensed child care center, the commissioner shall conduct one unannounced
licensing inspection at least deleted text begin annuallydeleted text end new text begin once each calendar yearnew text end .
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This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 11, is amended
to read:
County new text begin and private
agency new text end staff who perform deleted text begin family child caredeleted text end new text begin delegatednew text end licensing functions must use the
commissioner's electronic licensing checklist in the manner prescribed by the commissioner.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision to
read:
new text begin
(a) A licensed
child-placing agency must have an individual designated on staff or contract who supervises
the agency's casework. Supervising an agency's casework includes but is not limited to:
new text end
new text begin
(1) reviewing and approving each written home study the agency completes on
prospective foster parents or applicants to adopt;
new text end
new text begin
(2) ensuring ongoing compliance with licensing requirements; and
new text end
new text begin
(3) overseeing staff and ensuring they have the training and resources needed to perform
their responsibilities.