piers109uk/MN-Statutes huggingface dataset:
142A.413 LOCAL CHILD ABUSE PREVENTION COUNCILS.
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 section:
(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 sections 142A.41 to 142A.416 and 144.226, subdivision 3.
(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).
142C.05 MONITORING AND INSPECTIONS.
(a) The commissioner must conduct an on-site inspection of a certified license-exempt child care center at least once each calendar year to determine compliance with the health, safety, and fire standards specific to a certified license-exempt child care center.
(b) The commissioner shall make publicly available on the department's website the results of inspection reports for all certified centers including the number of deaths, serious injuries, and instances of substantiated child maltreatment that occurred in certified centers each year.
142A.414 PROCEDURES AND CRITERIA FOR DISBURSEMENT.
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.
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.
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.
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.
The commissioner may disburse funds to a local council for community education purposes, or for administrative costs in carrying out sections 142A.41 to 142A.416 and 144.226, subdivision 3, if all criteria and standards are met.
Programs transferred to the Department of Education from the Department of Employment and Economic Development 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 116L.365 and 256K.48;
(2) emergency energy assistance under section 216C.265;
(3) weatherization programs under section 216C.264;
(4) food shelf programs under section 142F.14 and the emergency food assistance program; and
(5) lead abatement programs under section 142A.46.
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 sections 142A.41 to 142A.416 and 144.226, subdivision 3.
The commissioner may adopt rules to carry out sections 142A.41 to 142A.416 and 144.226, subdivision 3.
142B.78 REGULATION OF FAMILY DAY CARE BY LOCAL GOVERNMENT.
The authority of local units of government to establish requirements for family day care programs is limited by section 299F.011, subdivision 4a, clauses (1) and (2).
142A.415 ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.
The commissioner may accept federal money and gifts, donations, and bequests for the purposes of sections 142A.41 to 142A.416 and 144.226, subdivision 3. 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.
142B.77 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S OWN CHILD.
(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, and with the license holder's consent, an individual may be present in the licensed space, may supervise the family child care license holder's own child both inside and outside of the licensed space, and is exempt from the training and supervision requirements of this chapter and Minnesota Rules, chapter 9502, if the individual:
(1) is related to the license holder or to the license holder's child, as defined in section 142B.01, subdivision 15, or is a household member who the license holder has reported to the county agency;
(2) is not a designated caregiver, helper, or substitute for the licensed program;
(3) is involved only in the care of the license holder's own child; and
(4) does not have direct, unsupervised contact with any nonrelative children receiving services.
(b) If the individual in paragraph (a) is not a household member, the individual is also exempt from background study requirements under chapter 245C.
142C.07 DECERTIFICATION.
(a) The commissioner may decertify a center if a certification holder:
(1) failed to comply with an applicable law or rule;
(2) knowingly withheld relevant information from or gave false or misleading information to the commissioner in connection with an application for certification, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws or rules; or
(3) has authorization to receive child care assistance payments revoked pursuant to chapter 142E.
(b) When considering decertification, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule.
(c) When a center is decertified, the center is ineligible to receive a child care assistance payment under chapter 142E.
(d) The commissioner may issue a decertification order to a certification holder through the provider licensing and reporting hub.
(a) The certification holder may request reconsideration of the decertification by notifying the commissioner by certified mail, by personal service, or through the provider licensing and reporting hub. The request must be made in writing. If sent by certified mail, the request must be postmarked and sent to the commissioner within 20 calendar days after the certification holder received the order. If a request is made by personal service, it must be received by the commissioner within 20 calendar days after the certification holder received the order. If the order is issued through the provider hub, the request must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub. With the request for reconsideration, the certification holder may submit a written argument or evidence in support of the request for reconsideration.
(b) The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.
If the commissioner decertifies a center pursuant to subdivision 1, paragraph (a), clause (1), based on a determination that the center was responsible for maltreatment, and if the center requests reconsideration of the decertification according to subdivision 2, paragraph (a), and appeals the maltreatment determination under section 260E.33, the final decertification determination is stayed until the commissioner issues a final decision regarding the maltreatment appeal.
If the commissioner decertifies a center that had payments revoked pursuant to chapter 142E, and if the center appeals the revocation of the center's authorization to receive child care assistance payments, the final decertification determination is stayed until the appeal of the center's authorization under chapter 142E is resolved. If the center also requests reconsideration of the decertification, the center must do so according to subdivision 2, paragraph (a). The final decision on reconsideration is stayed until the appeal of the center's authorization under chapter 142E is resolved.
142B.79 CONTRACTORS SERVING MULTIPLE FAMILY CHILD CARE LICENSE HOLDERS.
Contractors who serve multiple family child care license holders may request that the county agency maintain a record of:
(1) the contractor's background study results as required in section 245C.04, subdivision 8, to verify that the contractor does not have a disqualification or a disqualification that has not been set aside, and is eligible to provide direct contact services in a licensed program; and
(2) the contractor's compliance with training requirements.
142A.416 ANNUAL APPROPRIATION.
All earnings from trust fund assets, all sums received under section 142A.415, 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, youth, and families to carry out sections 142A.41 to 142A.415.
142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.
Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of children, youth, and families.
142C.08 STAFFING REQUIREMENTS.
(a) Except as provided in paragraph (b), during hours of operation, a certified center must have a director on site who is responsible for overseeing implementation of written policies relating to the management and control of the daily activities of the program, ensuring the health and safety of program participants, and supervising staff and volunteers.
(b) When the director is absent, a certified center must designate a staff person who is at least 18 years old to fulfill the director's responsibilities under this subdivision to ensure continuity of program oversight. The designee does not have to meet the director qualifications in subdivision 2 but must be aware of their designation and responsibilities under this subdivision.
The director must be 18 years of age or older and have completed at least 16 hours of training in any of the following topic areas: child development and learning; developmentally appropriate learning experiences; relationships with families; assessment, evaluation, and individualization; historical and contemporary development of early childhood education; professionalism; and health, safety, and nutrition.
A staff person must be 16 years of age or older before providing direct, unsupervised care to a child.
(a) For an infant, the maximum group size is eight children.
(b) For a toddler, the maximum group size is 14 children.
(c) For a preschooler, the maximum group size is 20 children.
(d) For a school-age child, the maximum group size is 30 children.
(e) The maximum group size applies at all times except during group activity coordination time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and special activity including a film, guest speaker, indoor large muscle activity, or holiday program.
(a) The minimally acceptable staff-to-child ratios are:
(b) For mixed-age groups, the ratio for the age group of the youngest child applies.
142E.31 GRANTS FOR SCHOOL AGE CHILD CARE PROGRAMS AND CHILD CARE RESOURCE AND REFERRAL PROGRAMS.
The commissioner of children, youth, and families shall distribute funds to public or private nonprofit organizations for the planning, establishment, expansion, improvement, or operation of child care resource and referral programs under this section. The commissioner must adopt rules for programs under this section and sections 142E.30 and 142E.32. The commissioner must develop a process to fund organizations to operate child care resource and referral programs that includes application forms, timelines, and standards for renewal.
The commissioner shall designate an organization to administer a child care resource and referral program to serve a region.
(a) The commissioner shall distribute funds for the administration of child care resource and referral programs based on the following factors for each region:
(1) the region served by the program;
(2) the number of children under the age of 13 years needing child care;
(3) the ratio of children under the age of 13 years needing child care to the number of licensed spaces;
(4) the number of licensed child care providers and school-age care programs; and
(5) other related factors determined by the commissioner.
(b) The commissioner may provide ongoing funding to a designated organization for a child care resource and referral program that continues to meet state standards.
A local match of 25 percent is required.
Within each region, a child care resource and referral program must:
(1) maintain one database of all existing child care resources and services and one database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of families;
(4) increase the capacity to provide culturally responsive child care services;
(5) coordinate professional development opportunities for child care and school-age care providers;
(6) administer and award child care services grants;
(7) cooperate with the Minnesota Child Care Resource and Referral Network and its member programs to develop effective child care services and child care resources;
(8) assist in fostering coordination, collaboration, and planning among child care programs and community programs such as school readiness, Head Start, early childhood family education, local interagency early intervention committees, early childhood screening, special education services, and other early childhood care and education services and programs that provide flexible, family-focused services to families with young children to the extent possible;
(9) administer the child care one-stop regional assistance network to assist child care providers and individuals interested in becoming child care providers with establishing and sustaining a licensed family child care or group family child care program or a child care center; and
(10) provide supports that enable economically challenged individuals to obtain the job skills training, career counseling, and job placement assistance necessary to begin a career path in child care.
142A.418 PAYMENTS BY STATE.
(a) For the purpose of foster care maintenance payments under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 676, the county or American Indian child welfare initiative Tribes under section 142A.03, subdivision 9, paying the maintenance costs must be reimbursed for the costs from the federal money available for the purpose. For the purposes of determining a child's eligibility under title IV-E of the Social Security Act, the placing agency shall use AFDC requirements in effect on July 16, 1996.
(b) For the purpose of foster care maintenance payments under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 676, the state is responsible for approving of child care institutions for the county paying the facility's maintenance costs to be reimbursed from the federal money available for the purpose. The facility must be licensed by the state or approved or licensed by a Tribe.
(a) The commissioner shall annually establish minimum rates for foster care maintenance including supplemental difficulty of care payments for all children eligible for Northstar Care for Children under sections 142A.60 to 142A.612.
(b) All children entering foster care on or after January 1, 2015, are eligible for Northstar Care for Children under sections 142A.60 to 142A.612. Any increase in rates shall in no case exceed three percent per annum.
(c) All children in foster care on December 31, 2014, must remain in the pre-Northstar Care for Children foster care program under sections 142A.604, subdivision 6, and 260C.4411, subdivision 1. The rates for the pre-Northstar Care for Children foster care program shall remain those in effect on January 1, 2013.
(d) The commissioner of children, youth, and families may promulgate rules as necessary to implement this section.
142C.09 BACKGROUND STUDIES.
(a) The applicant or certification holder must submit a completed background study for each child care background study subject as defined in section 245C.02, subdivision 6a.
(b) To be accepted for certification, a background study on every individual applying for certification must be completed under chapter 245C and result in a not disqualified determination under section 245C.14 or a disqualification that was set aside under section 245C.22.
142A.42 DIAPER DISTRIBUTION GRANT PROGRAM.
The commissioner of children, youth, and families shall establish a diaper distribution program to award competitive grants to eligible applicants to provide diapers to underresourced families statewide.
To be eligible for a grant under this section, an applicant must demonstrate its capacity to distribute diapers statewide by having:
(1) a network of well-established partners for diaper distribution;
(2) the infrastructure needed to efficiently manage diaper procurement and distribution statewide;
(3) relationships with national organizations that support and enhance the work of addressing diaper need;
(4) the ability to engage in building community awareness of diaper need and advocate for diaper need at local, state, and federal levels;
(5) a commitment to and demonstration of working with organizations across ideological and political spectrums;
(6) the ability to address diaper need for children from birth through early childhood; and
(7) a commitment to working within an equity framework by ensuring access to organizations that provide culturally specific services or are located in communities with high concentrations of poverty.
Applicants must apply to the commissioner in a form and manner prescribed by the commissioner. Applications must be filed at the times and for the periods determined by the commissioner.
An eligible applicant that receives grant money under this section shall use the money to purchase diapers and wipes and may use up to ten percent of the money for administrative costs.
(a) An eligible applicant that receives grant money under this section must:
(1) retain records documenting expenditure of the grant money;
(2) report to the commissioner on the use of the grant money; and
(3) comply with any additional requirements imposed by the commissioner.
(b) The commissioner may require that a report submitted under this subdivision include an independent audit.
142C.10 REPORTING.
(a) The certification holder must comply and must have written policies for staff to comply with the reporting requirements for abuse and neglect specified in chapter 260E. A person mandated to report physical or sexual child abuse or neglect occurring within a certified center shall report the information to the commissioner.
(b) The certification holder must inform the commissioner within 24 hours of:
(1) the death of a child in the program; and
(2) any injury to a child in the program that required treatment by a physician, advanced practice registered nurse, or physician assistant.
142E.50 DEFINITIONS.
For purposes of this chapter, the terms defined in this section have the meanings given them.
"Applicant" has the meaning given in section 142E.01, subdivision 2.
"Child care assistance program" means any of the assistance programs under this chapter.
"Commissioner" means the commissioner of children, youth, and families.
"Controlling individual" has the meaning given in section 142B.01, subdivision 8.
"County" means a local county child care assistance program staff or subcontracted staff, or a county investigator acting on behalf of the commissioner.
"Department" means the Department of Children, Youth, and Families.
"Financial misconduct" or "misconduct" means an entity's or individual's acts or omissions that result in fraud and abuse or error against the Department of Children, Youth, and Families. Financial misconduct includes acting as a recruiter offering conditional employment on behalf of a provider that has received funds from the child care assistance program.
"Identify" means to furnish the full name, current or last known address, phone number, and email address of the individual or business entity.
"License holder" has the meaning given in section 142B.01, subdivision 17.
"Mail" means the use of any mail service with proof of delivery and receipt.
"Provider" means either a provider as defined in section 142E.01, subdivision 22, or a legal unlicensed provider as defined in section 142E.01, subdivision 19.
"Recipient" means a family receiving assistance as defined under section 142E.01, subdivision 14.
"Recruiter offering conditional employment" means a child care provider, center owner, director, manager, license holder, or other controlling individual or agent who, for pecuniary gain, directly procures or solicits an applicant or a prospective employee and requires as a condition of employment that the applicant or prospective employee has one or more children who are eligible for or receive child care assistance.
"Terminate" means revocation of participation in the child care assistance program.
142A.45 FAMILY FIRST PREVENTION SERVICES ACT SUPPORT AND DEVELOPMENT GRANT PROGRAM.
The commissioner shall establish a grant program to support prevention and early intervention services in order to implement and build upon Minnesota's Family First Prevention Services Act Title IV-E prevention services plan.
Grant funds must be used to:
(1) implement or expand any Family First Prevention Services Act service or program that is included in Minnesota's prevention services plan;
(2) implement or expand any proposed future Family First Prevention Services Act service or program;
(3) implement or expand any prevention or family preservation service or programming; or
(4) evaluate any of the programs or services listed in this subdivision.
(a) Funds appropriated under this section shall be transferred to a special revenue account. The commissioner shall retain federal reimbursement generated under this section. Federal reimbursement shall be transferred to the special revenue account and is appropriated to the commissioner for the purposes of this section.
(b) The commissioner must provide an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance that identifies the amount of funds appropriated and transferred to this account under paragraph (a) and how the funds were used.
142E.52 DUTY TO PROVIDE ACCESS.
A provider, license holder, controlling individual, employee, staff person, or recipient has an affirmative duty to provide access upon request to information specified under section 142E.54 or the program facility.
Failure to provide access may result in denial or termination of authorizations for or payments to a recipient, provider, license holder, or controlling individual in the child care assistance program.
When a provider fails to provide access, a 15-day notice of denial or termination must be issued to the provider, which prohibits the provider from participating in the child care assistance program. Notice must be sent to recipients whose children are under the provider's care pursuant to Minnesota Rules, part 3400.0185.
If the provider continues to fail to provide access at the expiration of the 15-day notice period, child care assistance program payments to the provider must be denied beginning the 16th day following notice of the initial failure or refusal to provide access. The department may rescind the denial based upon good cause if the provider submits in writing a good cause basis for having failed or refused to provide access. The writing must be postmarked no later than the 15th day following the provider's notice of initial failure to provide access. Additionally, the provider, license holder, or controlling individual must immediately provide complete, ongoing access to the department. Repeated failures to provide access must, after the initial failure or for any subsequent failure, result in termination from participation in the child care assistance program.
The department, at its own expense, may photocopy or otherwise duplicate records referenced in section 142E.54. Photocopying must be done on the provider's premises on the day of the request or other mutually agreeable time, unless removal of records is specifically permitted by the provider. If requested, a provider, license holder, or controlling individual, or a designee, must assist the investigator in duplicating any record, including a hard copy or electronically stored data, on the day of the request.
A provider, license holder, controlling individual, employee, or staff person must grant the department access during the department's normal business hours, and any hours that the program is operated, to examine the provider's program or the records listed in section 142E.54. A provider shall make records available at the provider's place of business on the day for which access is requested, unless the provider and the department both agree otherwise. The department's normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays as defined in section 645.44, subdivision 5.
142C.13 EMERGENCY PREPAREDNESS.
(a) A certified center must have a written emergency plan for emergencies that require evacuation, sheltering, or other protection of children, such as fire, natural disaster, intruder, or other threatening situation that may pose a health or safety hazard to children. The plan must be written on a form developed by the commissioner and reviewed and updated at least once each calendar year. The annual review of the emergency plan must be documented.
(b) The plan must include:
(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
(2) a designated relocation site and evacuation route;
(3) procedures for notifying a child's parent or legal guardian of the relocation and reunification with families;
(4) accommodations for a child with a disability or a chronic medical condition;
(5) procedures for storing a child's medically necessary medicine that facilitates easy removal during an evacuation or relocation;
(6) procedures for continuing operations in the period during and after a crisis;
(7) procedures for communicating with local emergency management officials, law enforcement officials, or other appropriate state or local authorities; and
(8) accommodations for infants and toddlers.
(c) The certification holder must have an emergency plan available for review upon request by the child's parent or legal guardian.
The certification holder must train a staff person at orientation and at least once each calendar year on the emergency plan and document training in each personnel file. The certified center must conduct at least quarterly one evacuation drill and one shelter-in-place drill. The date and time of the drills must be documented.
142A.451 FAMILY FIRST PREVENTION SERVICES ACT KINSHIP NAVIGATOR PROGRAM.
The commissioner shall establish a grant program for Kinship Navigator programs as outlined by the federal Family First Prevention Services Act.
Eligible grantees must use funds to assess kinship caregiver needs, provide connections to local and statewide resources, provide case management to assist with complex cases, and provide support to meet caregiver needs.
(a) Funds appropriated under this section shall be transferred to a special revenue account. The commissioner shall retain federal reimbursement generated under this section. Federal reimbursement shall be transferred to the special revenue account and is appropriated to the commissioner for the purposes of this section.
(b) The commissioner must provide an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance that identifies the amount of funds appropriated and transferred to this account under paragraph (a) and how the funds were used.
142E.53 HONEST AND TRUTHFUL STATEMENTS.
It shall be unlawful for a provider, license holder, controlling individual, or recipient to:
(1) falsify, conceal, or cover up by any trick, scheme, or device a material fact;
(2) make any materially false, fictitious, or fraudulent statement or representation; or
(3) make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry related to any child care assistance program services that the provider, license holder, or controlling individual supplies or in relation to any child care assistance payments received by a provider, license holder, or controlling individual or to any fraud investigator or law enforcement officer conducting a financial misconduct investigation.
142C.14 PERSONNEL RECORD.
The certification holder must maintain a personnel record for each staff person at the program that must contain:
(1) the staff person's name, home address, telephone number, and date of birth;
(2) documentation that the staff person completed training required by section 142C.12;
(3) documentation of the date the program initiated a background study for the staff person; and
(4) documentation of the date the staff person first had direct contact and access to a child while supervised, and the date the staff person first had direct contact and access to a child while unsupervised.
142A.452 FAMILY FIRST PREVENTION AND EARLY INTERVENTION ALLOCATION PROGRAM.
The commissioner shall establish a program that allocates money to counties and federally recognized Tribes in Minnesota to provide prevention and early intervention services under the Family First Prevention Services Act.
(a) Money allocated to counties and Tribes may be used for the following purposes:
(1) to implement or expand any service or program that is included in the state's prevention plan;
(2) to implement or expand any proposed service or program;
(3) to implement or expand any existing service or program; and
(4) any other use approved by the commissioner.
A county or a Tribe must use at least ten percent of the allocation to provide services and supports directly to families.
(a) The commissioner shall allocate state money appropriated under this section to each county board or Tribe on a calendar-year basis using a formula established by the commissioner.
(b) A county agency or an initiative Tribe must submit a plan and report the use of money as determined by the commissioner.
(c) The commissioner may distribute money under this section for a two-year period.
Money received under this section must be used to address prevention and early intervention staffing, programming, and other activities as determined by the commissioner. Money must not be used to supplant current county or Tribal expenditures for these purposes.
142C.15 CERTIFICATION STANDARDS.
The commissioner shall regularly consult with stakeholders for input related to implementing the standards in this chapter.
142A.46 EARLY CHILDHOOD LEARNING AND CHILD PROTECTION FACILITIES.
The commissioner may make grants to state agencies and political subdivisions to construct or rehabilitate facilities for early childhood programs, crisis nurseries, or parenting time centers. The following requirements apply:
(1) The facilities must be owned by the state or a political subdivision, but may be leased under section 16A.695 to organizations that operate the programs. The commissioner must prescribe the terms and conditions of the leases.
(2) A grant for an individual facility must not exceed $500,000 for each program that is housed in the facility, up to a maximum of $2,000,000 for a facility that houses three programs or more. Programs include Head Start, School Readiness, Early Childhood Family Education, licensed child care, and other early childhood intervention programs.
(3) State appropriations must be matched on a 50 percent basis with nonstate funds. The matching requirement must apply program wide and not to individual grants.
(a) The commissioner must give priority to:
(1) projects in counties or municipalities with the highest percentage of children living in poverty;
(2) grants that involve collaboration among sponsors of programs under this section; and
(3) where feasible, grants for programs that utilize Youthbuild under sections 116L.361 to 116L.366 for at least 25 percent of each grant awarded or $50,000 of the labor portion of the construction, whichever is less, if:
(i) the work is appropriate for Youthbuild, as mutually agreed upon by the grantee and the local Youthbuild program, considering safety and skills needed;
(ii) it is demonstrated by Youthbuild that using Youthbuild will not increase the overall cost of the project; and
(iii) eligible programs consult with appropriate labor organizations to deliver education and training.
(b) The commissioner may give priority to:
(1) projects that collaborate with child care providers, including all-day and school-age child care programs, special needs care, sick child care, nontraditional hour care, and programs that include services to refugee and immigrant families;
(2) grants for programs that will increase their child care workers' wages as a result of the grant; and
(3) projects that will improve the quality of early childhood programs.
142E.55 ADMINISTRATIVE SANCTIONS.
(a) The department shall consider the following factors in determining the administrative sanctions to be imposed:
(1) nature and extent of financial misconduct;
(2) history of financial misconduct;
(3) actions taken or recommended by other state agencies, other divisions of the department, and court and administrative decisions;
(4) prior imposition of sanctions;
(5) size and type of provider;
(6) information obtained through an investigation from any source;
(7) convictions or pending criminal charges; and
(8) any other information relevant to the acts or omissions related to the financial misconduct.
(b) Any single factor under paragraph (a) may be determinative of the department's decision of whether and what sanctions are imposed.
A provider's rights related to the department's action taken under this chapter against a provider are established in sections 142A.12, 142E.18, 142E.19, and142E.20.
142C.16 PARENTAL ACCESS.
An enrolled child's parent or legal guardian must be allowed access to the parent's or legal guardian's child at any time while the child is in care.
142E.56 MONETARY RECOVERY.
(a) The department may obtain monetary recovery from a provider who has been improperly paid by the child care assistance program, regardless of whether the error was intentional. Overpayments designated solely as agency error, and not the result of acts or omissions on the part of a provider or recipient, must not be established or collected. The department does not need to establish a pattern as a precondition of monetary recovery of erroneous or false billing claims, duplicate billing claims, or billing claims based on false statements or financial misconduct.
(b) The department shall obtain monetary recovery from providers by the following means:
(1) permitting voluntary repayment of money, either in lump-sum payment or installment payments;
(2) using any legal collection process;
(3) deducting or withholding program payments; or
(4) utilizing the means set forth in chapter 16D.
The department is authorized to calculate the amount of monetary recovery from a provider, license holder, or controlling individual based upon extrapolation from a statistical random sample of claims submitted by the provider, license holder, or controlling individual and paid by the child care assistance program. The department's random sample extrapolation shall constitute a rebuttable presumption of the accuracy of the calculation of monetary recovery. If the presumption is not rebutted by the provider, license holder, or controlling individual in the appeal process, the department shall use the extrapolation as the monetary recovery figure. The department may use sampling and extrapolation to calculate the amount of monetary recovery if the claims to be reviewed represent services to 50 or more children in care.
[Repealed, 2015 c 78 art 4 s 62]
142C.17 PRONE RESTRAINT PROHIBITION.
Programs certified under this chapter must comply with the requirements of section 245A.211.
142A.60 CITATION.
Sections 142A.60 to 142A.612 may be cited as the "Northstar Care for Children Act." Sections 142A.60 to 142A.612 establish Northstar Care for Children, which authorizes certain benefits to support a child in need who is served by the Minnesota child welfare system and who is the responsibility of the state, local county social service agencies, or tribal social service agencies authorized under section 142A.03, subdivision 9, or are otherwise eligible for federal adoption assistance. A child eligible under this chapter has experienced a child welfare intervention that has resulted in the child being placed away from the child's parents' care and is receiving foster care services consistent with chapter 260B, 260C, or 260D, or is in the permanent care of relatives through a transfer of permanent legal and physical custody, or in the permanent care of adoptive parents.
142A.601 PUBLIC POLICY.
(a) The legislature declares that the public policy of this state is to keep children safe from harm and to ensure that when children suffer harmful or injurious experiences in their lives, appropriate services are immediately available to keep them safe.
(b) Children do best in permanent, safe, nurturing homes where they can maintain lifelong relationships with adults. Whenever safely possible, children are best served when they can be nurtured and raised by their parents. Where services cannot be provided to allow a child to remain safely at home, an out-of-home placement may be required. When this occurs, reunification should be sought if it can be accomplished safely. When it is not possible for parents to provide safety and permanency for their children, an alternative permanent home must quickly be made available to the child, drawing from kinship sources whenever possible.
(c) Minnesota understands the importance of having a comprehensive approach to temporary out-of-home care and to permanent homes for children who cannot be reunited with their families. It is critical that stable benefits be available to caregivers to ensure that the child's needs can be met whether the child's situation and best interests call for temporary foster care, transfer of permanent legal and physical custody to a relative, or adoption. Northstar Care for Children focuses on the child's needs and strengths, and the actual level of care provided by the caregiver, without consideration for the type of placement setting. In this way caregivers are not faced with the burden of making specific long-term decisions based upon competing financial incentives.
142E.57 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.
(a) A person who, in good faith, makes a report of or testifies in any action or proceeding in which financial misconduct is alleged, and who is not involved in, has not participated in, or has not aided and abetted, conspired, or colluded in the financial misconduct, shall have immunity from any liability, civil or criminal, that results by reason of the person's report or testimony. For the purpose of any proceeding, the good faith of any person reporting or testifying under this provision shall be presumed.
(b) If a person that is or has been involved in, participated in, aided and abetted, conspired, or colluded in the financial misconduct reports the financial misconduct, the department may consider that person's report and assistance in investigating the misconduct as a mitigating factor in the department's pursuit of civil, criminal, or administrative remedies.
(c) After an investigation is complete, the reporter's name must be kept confidential. The subject of the report may compel disclosure of the reporter's name only with the consent of the reporter or upon a written finding by a district court that the report was false and there is evidence that the report was made in bad faith. This paragraph does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure, except that when the identity of the reporter is relevant to a criminal prosecution the district court shall conduct an in-camera review before determining whether to order disclosure of the reporter's identity.
142C.18 CHILDREN'S RECORDS.
(a) A certification holder must maintain a record for each child enrolled in the certification holder's program. The record must contain:
(1) the child's full name, birth date, and home address;
(2) the name and telephone number of the child's parents or legal guardians;
(3) the name and telephone number of at least one emergency contact person other than the child's parents who can be reached in an emergency or when there is an injury requiring medical attention and who is authorized to pick up the child; and
(4) the names and telephone numbers of any additional persons authorized by the parents or legal guardians to pick up the child from the center.
(b) The certification holder must maintain in the child's record and ensure that during all hours of operation staff can access the following information:
(1) immunization information as required under section 121A.15 and Minnesota Rules, chapter 4604;
(2) medication administration documentation as required under section 142C.11, subdivision 3; and
(3) documentation of any known allergy as required under section 142C.11, subdivision 4.
142E.58 DATA PRIVACY.
Data of any kind obtained or created in relation to a provider or recipient investigation under this chapter is defined, classified, and protected the same as all other data under section 13.46, and this data has the same classification as licensing data.
142G.01 ESTABLISHING MINNESOTA FAMILY INVESTMENT PROGRAM.
This chapter and chapter 256K may be cited as the Minnesota family investment program (MFIP). MFIP is the statewide implementation of components of the Minnesota family investment plan (MFIP) authorized and formerly codified in section 256.031 and Minnesota family investment plan-Ramsey County (MFIP-R) formerly codified in section 256.047.
[See Note.]
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, eliminates the entitlement program of aid to families with dependent children (AFDC) and replaces it with block grants to states for temporary assistance for needy families (TANF). TANF provides cash assistance for a limited time to families with children and to pregnant women. Minnesota's TANF assistance will be provided through a statewide expansion of MFIP. The modifications specified in this chapter are necessary to comply with the new federal law and to improve MFIP. Eligible applicants and recipients of AFDC, family general assistance, and the Supplemental Nutrition Assistance Program (SNAP) benefits will be converted to the MFIP program. Any new application received for family cash assistance will be processed under the rules of this chapter.
MFIP-S replaces eligibility for families with children and pregnant women under the general assistance program, governed by sections 256D.01 to 256D.21 and Minnesota Rules, parts 9500.1200 to 9500.1261.
The commissioner of children, youth, and families may negotiate and obtain changes in the federal waivers and terms and conditions contained in MFIP, MFIP-R, and MFIP-S. The commissioner may also terminate federal waivers by directing so in the applicable state plan.
The commissioner shall not move programs or activities funded with MFIP or TANF maintenance of effort funds to other funding sources without legislative approval.
The MFIP program must be administered in a way that, in addition to the county agency, other sectors in the community such as employers from the public and private sectors, not-for-profit organizations, educational and social service agencies, program participants, labor unions, and neighborhood associations are involved.
The county agency must cooperate with tribal governments in the implementation of MFIP to ensure that the program meets the special needs of persons living on Indian reservations. This cooperation must include, but is not limited to, the sharing of MFIP duties including initial screening, orientation, assessments, and provision of employment and training services. The county agency shall encourage tribal governments to assume duties related to MFIP and shall work cooperatively with tribes that have assumed responsibility for a portion of the MFIP program to expand tribal responsibilities, if that expansion is requested by the tribe.
Children who receive assistance under this chapter, in which the assistance unit does not include a caregiver, but only includes a minor child, shall become part of the program established under this chapter.