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and Fiscal Analysis
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Tom Bottern
State of Minnesota
S.F. No. 3334 - Judiciary Provisions in DHS and MDH Budget Bill
Author: Senator Tony Lourey
Prepared By: Joan White, Senate Counsel (651/296-3814)
Katie Cavanor, Senate Counsel (651/296-3801)
Liam Monahan, Senate Analyst (651/296-1791)
Date: March 31, 2016


Article 1 - Continuing Care

Section 6 (256B.4912, subdivision 11 – Annual data submission) requires home and community based service providers to submit and the commissioner of human services to analyze wage and staffing data for certain HCBS services.

Article 2 – Children and Families

Section 1 (119B.127) establishes the certification process for license-exempt child care centers, including application procedures, monitoring and inspections, staffing, background studies, fees, and health and safety requirements.

Sections 2 and 3 (245C.03, subd. 6a, 245C.04, subd. 1) require the commissioner to conduct background studies on legal, nonlicensed family child care providers and family child care license holders, beginning October 1, 2017.

Section 4 (245C.05, subd. 2b) requires the county agencies to provide to the commissioner background study information from family child care and legal nonlicensed child care providers authorized under section 119B, effective October 1, 2017.

Section 5 (245C.05, subd. 4) requires the commissioner to electronically transmit background study results for family child care and legal nonlicensed child care authorized under section 119B, effective October 1, 2017.

Sections 6 (245C.05, subd. 7) exempts from this subdivision family child care programs for individuals whose background study was completed in NETStudy 2.0.

Section 7 (245C.08, subd. 2) clarifies county agency background study responsibilities prior to the implementation of NETStudy 2.0.

Section 8 (245C.08, subd. 4) clarifies that the commissioner shall review records from juvenile courts for a background study for family child care providers conducted by the county prior to the implementation of NETStudy 2.0.

Section 9 (245C.11, subd. 3) clarifies county agency access to criminal history data for purposes of background studies prior to the implementation of NETStudy 2.0.

Section 10 (245C.17, subd. 6) requires the commissioner to provide a notice of the background study results to the county for family child care and legal nonlicensed child care, effective October 1, 2017.

Section 11 (245C.23, subd. 2) requires the commissioner to notify the county that initiated the background study of the results of the reconsideration related to family child care.

Section 12 (260C.203) strikes language that is consolidated in a new section of law, section 260C.452.

Section 13 (260C.212, subd. 1) allows a child 14 years or older to select one member of the case planning team to be designated as the child’s adviser and to advocate for reasonable and prudent parenting standards.  For a child 18 years or older, this section requires, when appropriate, that the social services agency involve the child’s parents in the child’s case planning. This section also provides more detail related to educational stability requirements for foster children, clarifies the child’s role in the development of the independent living plan, and requires that the child receives notice of rights.

Section 14 (260C.212, subd. 14) defines the term “developmentally appropriate,” and modifies the definition of “reasonable and prudent parenting.”  This section also requires the commissioner to provide guidance as to what activities a foster parent must consider when applying reasonable and prudent standards.

Section 15 (260C.215, subd. 4) requires the curriculum for foster parents to include, as necessary, knowledge and skills related to reasonable and prudent parenting standards.

Section 16 (260C.451, subd. 6) clarifies that a child may reenter foster care prior to 21 years of age.

Section 17 (260C.451, subd. 9) adds a new subdivision clarifying requirements of administrative or court reviews to ensure the social services agency is making reasonable efforts to finalize the permanency plan for the child.

Section 18 (260C.452) creates a new section of law consolidating provisions related to the successful transition to adulthood for children under the guardianship of the commissioner, which includes independent living plan, notification of right to continued access to services, administrative or court review of placements, and notification of termination of foster care.

Section 19 (260C.521, subd. 1) modifies the purpose of the court review hearing of an order for permanent custody by specifying requirements of the responsible social services agency.

Section 20 (260D.14) establishes a new section of law related to the successful transition to adulthood for children in voluntary placement, which includes case planning, notification of continued right to access services, and administrate or court reviews.

Section 21 (626.556, subd. 2) amends the definition of sexual abuse in the Maltreatment of Minors Act.  Effective May 29, 2017, the term sexual abuse includes a child who is a victim of sex trafficking.

Section 22 (626.556, subd. 3c) requires the commissioner to investigate maltreatment in certified centers and updates references to new language in chapter 119B.

Section 23 (626.556, subd. 3e) provides that the local welfare agency is responsible for investigating when a child is identified as a victim of sex trafficking, effective May 29, 2017.

 Article 3 - Health Department

Section 1 (13.3806, subd. 22) adds a reference in chapter 13 and the classification of data collected under the medical cannabis registry program to include registry information accessed under section 152.27, subdivision 8.

Section 2 (152.27, subd. 2) permits health care practitioners who meet the definition of a health care practitioner in the medical cannabis registry program and who request access for a permissible purpose to have limited access to a patient’s registry information.

Section 3 (152.27, subd. 8) paragraph (a) authorizes a health care practitioner to access a patient’s registry information in the medical cannabis registry program to the extent the information relates to a current patient for whom the health care practitioner is (1) prescribing or considering prescribing a controlled substance; (2) providing emergency medical treatment for which data may be necessary; or (3) providing other medical treatment for which access to the data may be necessary and the patient has consented to access to the registry information and with the condition that the practitioner remains responsible  for the use or misuse of the data.

Paragraph (b) authorizes a practitioner who is authorized to access the patient registry to electronically access the data.  Requires the practitioner to implement and maintain a comprehensive information security program that contains appropriate safeguards.

Paragraph (c) states that if the practitioner is accessing the data on a patient’s consent the practitioner must warrant that the request (1) contains no information known to the practitioner to be false; (2) accurately states the patient’s desire to have health records disclosed or that there is specific authorization in law; and (3) does not exceed any limits imposed by the patient in the consent.

Paragraph (d) requires the commissioner to maintain a log of all persons who access the data for at least three years and shall ensure that any practitioner agrees to comply with the requirements of paragraph (b) before attaining access to the data.

Section 4 (152.33, subd. 7) states that any person who intentionally makes a false statement or misrepresentation to gain access to the patient registry or otherwise accesses the patient registry under false pretenses is guilty of a misdemeanor.

 Article 4 – Direct Care and Treatment

Section 1 (246.701) allows the commissioner to establish the Office of Special Investigations Law Enforcement Division in the Department of Human Services.  The commissioner may appoint peace officers to the new law enforcement division, and the peace officers must meet all applicable training and licensing requirements under chapter 626.  The jurisdiction is limited, and allows the peace officers to arrest individuals who reside at a state-operated facility and are committed to the commissioner.

Section 2 (253B.18, subd. 4b) amends the Commitment Act by modifying the pass eligible status review process due to the elimination of the special review board for commitments of sexually dangerous persons.  Objections to pass eligibility for sexually dangerous persons go to the judicial appeal panel for review.   

Sections 3, 4 to 11 (253D.27, subd. 2, 253D.28, 253D.29, subds. 2 and 3, 253D.30, subds. 3, 4, 5, and 6, 253D.31) amend the civil commitment and treatment of sex offenders chapter of law by eliminating the special review board’s role with regard to commitments of sexually dangerous persons and sexual psychopathic personalities, and transferring the role to or retaining the role of the judicial appeal panel.

Sections 12 and 13 (626.05, subd. 2, 626.84, subd. 1) amend the chapter of law related to peace officers by modifying the definition of “peace officer” to include Department of Human Services Office of Special Investigations Law Enforcement Division officers.


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