1.1 	A bill for an act
1.2 	relating to human services; extending coverage of
1.3 	certain mental health services; amending Minnesota
1.4 	Statutes 2004, sections 148C.11, subdivision 1;
1.5 	245.4885, subdivisions 1, 2, by adding a subdivision;
1.6 	253B.02, subdivisions 7, 9; 253B.05, subdivision 2;
1.7 	256.9693; 256B.0622, by adding a subdivision;
1.8 	256B.0624, by adding a subdivision; 256B.0625, by
1.9 	adding subdivisions; 256D.03, subdivision 4; 256L.03,
1.10 	subdivision 1; 260C.141, subdivision 2; 260C.193,
1.11 	subdivision 2; 260C.201, subdivisions 1, 2; 260C.205;
1.12 	260C.212, subdivision 1; proposing coding for new law
1.13 	in Minnesota Statutes, chapter 256B; repealing Laws
1.14 	2001, First Special Session chapter 9, article 9,
1.15 	section 52; Laws 2002, chapter 335, section 4.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	ARTICLE 1
1.18 	MENTAL HEALTH SERVICES

1.19 	Section 1. Minnesota Statutes 2004, section 148C.11,
1.20 	subdivision 1, is amended to read:
1.21 		Subdivision 1.Other professionals.  (a) Nothing in this
1.22 	chapter prevents members of other professions or occupations
1.23 	from performing functions for which they are qualified or
1.24 	licensed.  This exception includes, but is not limited to,
1.25 	licensed physicians, registered nurses, licensed practical
1.26 	nurses, licensed psychological practitioners, members of the
1.27 	clergy, American Indian medicine men and women, licensed
1.28 	attorneys, probation officers, licensed marriage and family
1.29 	therapists, licensed social workers, licensed professional
1.30 	counselors, licensed school counselors, registered occupational
2.1 	therapists or occupational therapy assistants, and until July 1,
2.2 	2005 2007, individuals providing integrated dual-diagnosis
2.3 	treatment in adult mental health rehabilitative programs
2.4 	certified by the Department of Human Services under section
2.5 	256B.0622 or 256B.0623.
2.6 	(b) Nothing in this chapter prohibits technicians and
2.7 	resident managers in programs licensed by the Department of
2.8 	Human Services from discharging their duties as provided in
2.9 	Minnesota Rules, chapter 9530.
2.10 	(c) Any person who is exempt under this section but who
2.11 	elects to obtain a license under this chapter is subject to this
2.12 	chapter to the same extent as other licensees.
2.13 	(d) These persons must not, however, use a title
2.14 	incorporating the words "alcohol and drug counselor" or
2.15 	"licensed alcohol and drug counselor" or otherwise hold
2.16 	themselves out to the public by any title or description stating
2.17 	or implying that they are engaged in the practice of alcohol and
2.18 	drug counseling, or that they are licensed to engage in the
2.19 	practice of alcohol and drug counseling.  Persons engaged in the
2.20 	practice of alcohol and drug counseling are not exempt from the
2.21 	commissioner's jurisdiction solely by the use of one of the
2.22 	above titles.

2.23 	Sec. 2. Minnesota Statutes 2004, section 245.4885,
2.24 	subdivision 1, is amended to read:
2.25 		Subdivision 1.screening required admission criteria.
 2.26 	The county board shall, prior to admission, except in the case
2.27 	of emergency admission, screen determine the needed level of
2.28 	care for all children referred for treatment of severe emotional
2.29 	disturbance to in a treatment foster care setting,residential
2.30 	treatment facility,or informally admitted to a regional
2.31 	treatment center if public funds are used to pay for the
2.32 	services.  The county board shall also screen determine the
2.33 	needed level of care for all children admitted to an acute care
2.34 	hospital for treatment of severe emotional disturbance if public
2.35 	funds other than reimbursement under chapters 256B and 256D are
2.36 	used to pay for the services. If a child is admitted to a
3.1 	residential treatment facility or acute care hospital for
3.2 	emergency treatment or held for emergency care by a regional
3.3 	treatment center under section 253B.05, subdivision 1, screening
3.4 	must occur within three working days of admission.
3.5 	Screening The level of care determination shall determine
3.6 	whether the proposed treatment:
3.7 	(1) is necessary;
3.8 	(2) is appropriate to the child's individual treatment
3.9 	needs;
3.10 	(3) cannot be effectively provided in the child's home; and
3.11 	(4) provides a length of stay as short as possible
3.12 	consistent with the individual child's need.
3.13 	When a screening level of care determination is conducted,
3.14 	the county board may not determine that referral or admission to
3.15 	a treatment foster care setting,residential treatment facility,
3.16 	or acute care hospital is not appropriate solely because
3.17 	services were not first provided to the child in a less
3.18 	restrictive setting and the child failed to make progress toward
3.19 	or meet treatment goals in the less restrictive
3.20 	setting. Screening shall include both The level of care
3.21 	determination must be based on a diagnostic assessment and that
3.22 	includes a functional assessment which evaluates family, school,
3.23 	and community living situations; and an assessment of the
3.24 	child's need for care out of the home using a tool approved by
3.25 	the commissioner of human services.  If a diagnostic
3.26 	assessment or including a functional assessment has been
3.27 	completed by a mental health professional within the past 180
3.28 	days, a new diagnostic or functional assessment need not be
3.29 	completed unless in the opinion of the current treating mental
3.30 	health professional the child's mental health status has changed
3.31 	markedly since the assessment was completed.  The child's parent
3.32 	shall be notified if an assessment will not be completed and of
3.33 	the reasons.  A copy of the notice shall be placed in the
3.34 	child's file.  Recommendations developed as part of
3.35 	the screening level of care determination process shall include
3.36 	specific community services needed by the child and, if
4.1 	appropriate, the child's family, and shall indicate whether or
4.2 	not these services are available and accessible to the child and
4.3 	family.
4.4 	During the screening level of care determination process,
4.5 	the child, child's family, or child's legal representative, as
4.6 	appropriate, must be informed of the child's eligibility for
4.7 	case management services and family community support services
4.8 	and that an individual family community support plan is being
4.9 	developed by the case manager, if assigned.
4.10 	Screening The level of care determination shall be in
4.11 	compliance comply with section 260C.212.  Wherever possible, the
4.12 	parent shall be consulted in the screening process, unless
4.13 	clinically inappropriate.
4.14 	The screening process level of care determination, and
4.15 	placement decision, and recommendations for mental health
4.16 	services must be documented in the child's record.
4.17 	An alternate review process may be approved by the
4.18 	commissioner if the county board demonstrates that an alternate
4.19 	review process has been established by the county board and the
4.20 	times of review, persons responsible for the review, and review
4.21 	criteria are comparable to the standards in clauses (1) to (4).

4.22 	Sec. 3. Minnesota Statutes 2004, section 245.4885, is
4.23 	amended by adding a subdivision to read:
4.24 		Subd. 1a.Emergency admission. If a child is admitted to
4.25 	a treatment foster care setting, residential treatment facility,
4.26 	or acute care hospital for emergency treatment or held for
4.27 	emergency care by a regional treatment center under section
4.28 	253B.05, subdivision 1, the level of care determination must
4.29 	occur within three working days of admission.

4.30 	Sec. 4. Minnesota Statutes 2004, section 245.4885,
4.31 	subdivision 2, is amended to read:
4.32 		Subd. 2.Qualifications. No later than July 1, 1991,
4.33 	Screening Level of care determination of children for treatment
4.34 	foster care,residential,and inpatient services must be
4.35 	conducted by a mental health professional.  Where appropriate
4.36 	and available, culturally informed mental health consultants
5.1 	must participate in the screening level of care determination.
5.2 	Mental health professionals providing screening level of care
5.3 	determination for treatment foster care,inpatient,and
5.4 	residential services must not be financially affiliated with any
5.5 	acute care inpatient hospital, residential treatment facility,
5.6 	or regional treatment center nongovernment entity which may be
5.7 	providing those services. The commissioner may waive this
5.8 	requirement for mental health professional participation after
5.9 	July 1, 1991, if the county documents that:
5.10 	(1) mental health professionals or mental health
5.11 	practitioners are unavailable to provide this service; and 
5.12 	(2) services are provided by a designated person with
5.13 	training in human services who receives clinical supervision
5.14 	from a mental health professional.
5.15 	
EFFECTIVE DATE. This section is effective July 1, 2006.

5.16 	Sec. 5. Minnesota Statutes 2004, section 256.9693, is
5.17 	amended to read:
5.18 	256.9693 CONTINUING CARE PROGRAM FOR PERSONS WITH MENTAL
5.19 	ILLNESS.
5.20 	The commissioner shall establish a continuing care benefit
5.21 	program for persons with mental illness in which persons with
5.22 	mental illness may obtain acute care hospital inpatient
5.23 	treatment for mental illness for up to 45 days beyond that
5.24 	allowed by section 256.969. The commissioner may authorize
5.25 	additional days beyond 45 based on an individual review of
5.26 	medical necessity.Persons with mental illness who are eligible
5.27 	for medical assistance may obtain inpatient treatment under this
5.28 	program in hospital beds for which the commissioner contracts
5.29 	under this section.  The commissioner may selectively contract
5.30 	with hospitals to provide this benefit through competitive
5.31 	bidding when reasonable geographic access by recipients can be
5.32 	assured.  Payments under this section shall not affect payments
5.33 	under section 256.969.  The commissioner may contract externally
5.34 	with a utilization review organization to authorize persons with
5.35 	mental illness to access the continuing care benefit program.
5.36 	The commissioner, as part of the contracts with hospitals, shall
6.1 	establish admission criteria to allow persons with mental
6.2 	illness to access the continuing care benefit program.  If a
6.3 	court orders acute care hospital inpatient treatment for mental
6.4 	illness for a person, the person may obtain the treatment under
6.5 	the continuing care benefit program.  The commissioner shall not
6.6 	require, as part of the admission criteria, any commitment or
6.7 	petition under chapter 253B as a condition of accessing the
6.8 	program.  This benefit is not available for people who are also
6.9 	eligible for Medicare and who have not exhausted their annual or
6.10 	lifetime inpatient psychiatric benefit under Medicare.  If a
6.11 	recipient is enrolled in a prepaid plan, this program is
6.12 	included in the plan's coverage.

6.13 	Sec. 6. Minnesota Statutes 2004, section 256B.0622, is
6.14 	amended by adding a subdivision to read:
6.15 		Subd. 3a.Eligibility for transitional youth. An
6.16 	eligible recipient under the age of 18 is an individual who:
6.17 	(1) is age 16 or 17;
6.18 	(2) is diagnosed with a medical condition, such as an
6.19 	emotional disturbance or traumatic brain injury, for which
6.20 	intensive nonresidential rehabilitative mental health services
6.21 	are needed;
6.22 	(3) has substantial disability and functional impairment in
6.23 	three or more of the areas listed in section 245.462,
6.24 	subdivision 11a, so that self-sufficiency upon adulthood or
6.25 	emancipation is unlikely; and 
6.26 	(4) has had a recent diagnostic assessment by a qualified
6.27 	professional that documents that intensive nonresidential
6.28 	rehabilitative mental health services are medically necessary to
6.29 	address identified disability and functional impairments and
6.30 	individual recipient goals.
6.31 	
EFFECTIVE DATE. This section is effective July 1, 2006.

6.32 	Sec. 7. Minnesota Statutes 2004, section 256B.0624, is
6.33 	amended by adding a subdivision to read:
6.34 		Subd. 4a.Alternative provider standards for adult mental
6.35 	health crisis response services. If a county demonstrates that,
6.36 	due to geographic or other barriers, it is not feasible to
7.1 	provide mobile crisis intervention services according to the
7.2 	standards in subdivision 4, paragraph (b), clause (9), the
7.3 	commissioner may approve a crisis response provider based on an
7.4 	alternative plan proposed by a county or group of counties.  The
7.5 	alternative plan must:
7.6 	(1) result in increased access and a reduction in
7.7 	disparities in the availability of crisis services;
7.8 	(2) provide mobile services outside of the usual
7.9 	nine-to-five office hours and on weekends and holidays; and 
7.10 	(3) comply with standards for emergency mental health
7.11 	services in section 245.469.

7.12 	Sec. 8. Minnesota Statutes 2004, section 256B.0625, is
7.13 	amended by adding a subdivision to read:
7.14 		Subd. 46.Mental health telemedicine. Subject to federal
7.15 	approval, mental health services that are otherwise covered by
7.16 	medical assistance as direct face-to-face services may be
7.17 	provided via two-way interactive video.  Use of two-way
7.18 	interactive video must be medically appropriate to the condition
7.19 	and needs of the person being served.  Reimbursement is at the
7.20 	same rates and under the same conditions that would otherwise
7.21 	apply to the service.  The interactive video equipment and
7.22 	connection must comply with Medicare standards in effect at the
7.23 	time the service is provided.
7.24 	
EFFECTIVE DATE. This section is effective January 1, 2006.

7.25 	Sec. 9. Minnesota Statutes 2004, section 256B.0625, is
7.26 	amended by adding a subdivision to read:
7.27 		Subd. 47.Treatment foster care services. Subject to
7.28 	federal approval, medical assistance covers treatment foster
7.29 	care services according to section 256B.0946.
7.30 	
EFFECTIVE DATE. This section is effective July 1, 2006.

7.31 	Sec. 10. Minnesota Statutes 2004, section 256B.0625, is
7.32 	amended by adding a subdivision to read:
7.33 		Subd. 48.Psychiatric consultation to primary care
7.34 	practitioners. Medical assistance covers consultation provided
7.35 	by a psychiatrist via telephone, e-mail, facsimile, or other
7.36 	means of communication to primary care practitioners, including
8.1 	pediatricians.  The need for consultation and the receipt of the
8.2 	consultation must be documented in the patient record maintained
8.3 	by the primary care practitioner.  If the patient consents, and
8.4 	subject to federal limitations and data privacy provisions, the
8.5 	consultation may be provided without the patient present.
8.6 	
EFFECTIVE DATE. This section is effective January 1, 2006.

8.7 	Sec. 11. [256B.0946] TREATMENT FOSTER CARE.
8.8 		Subdivision 1.Covered service. (a) Subject to federal
8.9 	approval, medical assistance covers medically necessary services
8.10 	described under paragraph (b) that are provided by a provider
8.11 	entity eligible under subdivision 3 to a client eligible under
8.12 	subdivision 2 who is placed in a treatment foster home licensed
8.13 	under Minnesota Rules, parts 2960.3000 to 2960.3340.
8.14 	(b) Services to children with severe emotional disturbance
8.15 	residing in treatment foster care settings must meet the
8.16 	relevant standards for mental health services under sections
8.17 	245.487 to 245.4887.  In addition, specific service components
8.18 	reimbursed by medical assistance must meet the following
8.19 	standards:
8.20 	(1) case management service component must meet the
8.21 	standards in Minnesota Rules, parts 9520.0900 to 9520.0926 and
8.22 	9505.0322, excluding subparts 6 and 10;
8.23 	(2) psychotherapy and skills training components must meet
8.24 	the standards for children's therapeutic services and supports
8.25 	in section 256B.0943; and 
8.26 	(3) family psychoeducation services under supervision of a
8.27 	mental health professional.
8.28 		Subd. 2.Determination of client eligibility. A client's
8.29 	eligibility to receive treatment foster care under this section
8.30 	shall be determined by a diagnostic assessment, an evaluation of
8.31 	level of care needed, and development of an individual treatment
8.32 	plan, as defined in paragraphs (a) to (c).
8.33 	(a) The diagnostic assessment must:
8.34 	(1) be conducted by a psychiatrist, licensed psychologist,
8.35 	or licensed independent clinical social worker that is performed
8.36 	within 180 days prior to the start of service;
9.1 	(2) include current diagnoses on all five axes of the
9.2 	client's current mental health status;
9.3 	(3) determine whether or not a child meets the criteria for
9.4 	severe emotional disturbance in section 245.4871, subdivision 6,
9.5 	or for serious and persistent mental illness in section 245.462,
9.6 	subdivision 20; and 
9.7 	(4) be completed annually until age 18.  For individuals
9.8 	between age 18 and 21, unless a client's mental health condition
9.9 	has changed markedly since the client's most recent diagnostic
9.10 	assessment, annual updating is necessary.  For the purpose of
9.11 	this section, "updating" means a written summary, including
9.12 	current diagnoses on all five axes, by a mental health
9.13 	professional of the client's current mental status and service
9.14 	needs.
9.15 	(b) The evaluation of level of care must be conducted by
9.16 	the placing county with an instrument approved by the
9.17 	commissioner of human services.  The commissioner shall update
9.18 	the list of approved level of care instruments annually.
9.19 	(c) The individual treatment plan must be:
9.20 	(1) based on the information in the client's diagnostic
9.21 	assessment;
9.22 	(2) developed through a child-centered, family-driven
9.23 	planning process that identifies service needs and
9.24 	individualized, planned, and culturally appropriate
9.25 	interventions that contain specific measurable treatment goals
9.26 	and objectives for the client and treatment strategies for the
9.27 	client's family and foster family;
9.28 	(3) reviewed at least once every 90 days and revised; and 
9.29 	(4) signed by the client or, if appropriate, by the
9.30 	client's parent or other person authorized by statute to consent
9.31 	to mental health services for the client.
9.32 		Subd. 3.Eligible providers. For purposes of this
9.33 	section, a provider agency must have an individual placement
9.34 	agreement for each recipient and must be a licensed child
9.35 	placing agency, under Minnesota Rules, parts 9543.0010 to
9.36 	9543.0150, and either:
10.1 	(1) a county;
10.2 	(2) an Indian Health Services facility operated by a tribe
10.3 	or tribal organization under funding authorized by United States
10.4 	Code, title 25, sections 450f to 450n, or title 3 of the Indian
10.5 	Self-Determination Act, Public Law 93-638, section 638
10.6 	(facilities or providers); or 
10.7 	(3) a noncounty entity under contract with a county board.
10.8 		Subd. 4.Eligible provider responsibilities. (a) To be
10.9 	an eligible provider under this section, a provider must develop
10.10 	written policies and procedures for treatment foster care
10.11 	services consistent with subdivision 1, paragraph (b), clauses
10.12 	(1), (2), and (3).
10.13 	(b) In delivering services under this section, a treatment
10.14 	foster care provider must ensure that staff caseload size
10.15 	reasonably enables the provider to play an active role in
10.16 	service planning, monitoring, delivering, and reviewing for
10.17 	discharge planning to meet the needs of the client, the client's
10.18 	foster family, and the birth family, as specified in each
10.19 	client's individual treatment plan.
10.20 		Subd. 5.Service authorization. The commissioner will
10.21 	administer authorizations for services under this section in
10.22 	compliance with section 256B.0625, subdivision 25.
10.23 		Subd. 6.Excluded services. (a) Services in clauses (1)
10.24 	to (4) are not eligible as components of treatment foster care
10.25 	services:
10.26 	(1) treatment foster care services provided in violation of
10.27 	medical assistance policy in Minnesota Rules, part 9505.0220;
10.28 	(2) service components of children's therapeutic services
10.29 	and supports simultaneously provided by more than one treatment
10.30 	foster care provider;
10.31 	(3) home and community-based waiver services; and 
10.32 	(4) treatment foster care services provided to a child
10.33 	without a level of care determination according to section
10.34 	245.4885, subdivision 1.
10.35 	(b) Children receiving treatment foster care services are
10.36 	not eligible for medical assistance reimbursement for the
11.1 	following services while receiving treatment foster care:
11.2 	(1) mental health case management services under section
11.3 	256B.0625, subdivision 20; and 
11.4 	(2) psychotherapy and skill training components of
11.5 	children's therapeutic services and supports under section
11.6 	256B.0625, subdivision 35b.
11.7 	
EFFECTIVE DATE. This section is effective July 1, 2006.

11.8 	Sec. 12. Minnesota Statutes 2004, section 256D.03,
11.9 	subdivision 4, is amended to read:
11.10 		Subd. 4.General assistance medical care; services.
 11.11 	(a)(i) For a person who is eligible under subdivision 3,
11.12 	paragraph (a), clause (2), item (i), general assistance medical
11.13 	care covers, except as provided in paragraph (c):
11.14 	(1) inpatient hospital services;
11.15 	(2) outpatient hospital services;
11.16 	(3) services provided by Medicare certified rehabilitation
11.17 	agencies;
11.18 	(4) prescription drugs and other products recommended
11.19 	through the process established in section 256B.0625,
11.20 	subdivision 13;
11.21 	(5) equipment necessary to administer insulin and
11.22 	diagnostic supplies and equipment for diabetics to monitor blood
11.23 	sugar level;
11.24 	(6) eyeglasses and eye examinations provided by a physician
11.25 	or optometrist;
11.26 	(7) hearing aids;
11.27 	(8) prosthetic devices;
11.28 	(9) laboratory and X-ray services;
11.29 	(10) physician's services;
11.30 	(11) medical transportation except special transportation;
11.31 	(12) chiropractic services as covered under the medical
11.32 	assistance program;
11.33 	(13) podiatric services;
11.34 	(14) dental services and dentures, subject to the
11.35 	limitations specified in section 256B.0625, subdivision 9;
11.36 	(15) outpatient services provided by a mental health center
12.1 	or clinic that is under contract with the county board and is
12.2 	established under section 245.62;
12.3 	(16) day treatment services for mental illness provided
12.4 	under contract with the county board;
12.5 	(17) prescribed medications for persons who have been
12.6 	diagnosed as mentally ill as necessary to prevent more
12.7 	restrictive institutionalization;
12.8 	(18) psychological services, medical supplies and
12.9 	equipment, and Medicare premiums, coinsurance and deductible
12.10 	payments;
12.11 	(19) medical equipment not specifically listed in this
12.12 	paragraph when the use of the equipment will prevent the need
12.13 	for costlier services that are reimbursable under this
12.14 	subdivision;
12.15 	(20) services performed by a certified pediatric nurse
12.16 	practitioner, a certified family nurse practitioner, a certified
12.17 	adult nurse practitioner, a certified obstetric/gynecological
12.18 	nurse practitioner, a certified neonatal nurse practitioner, or
12.19 	a certified geriatric nurse practitioner in independent
12.20 	practice, if (1) the service is otherwise covered under this
12.21 	chapter as a physician service, (2) the service provided on an
12.22 	inpatient basis is not included as part of the cost for
12.23 	inpatient services included in the operating payment rate, and
12.24 	(3) the service is within the scope of practice of the nurse
12.25 	practitioner's license as a registered nurse, as defined in
12.26 	section 148.171;
12.27 	(21) services of a certified public health nurse or a
12.28 	registered nurse practicing in a public health nursing clinic
12.29 	that is a department of, or that operates under the direct
12.30 	authority of, a unit of government, if the service is within the
12.31 	scope of practice of the public health nurse's license as a
12.32 	registered nurse, as defined in section 148.171; and 
12.33 	(22) telemedicine consultations, to the extent they are
12.34 	covered under section 256B.0625, subdivision 3b; and 
12.35 	(23) mental health telemedicine and psychiatric
12.36 	consultation as covered under section 256B.0625, subdivisions 46
13.1 	and 48.
13.2 	(ii) Effective October 1, 2003, for a person who is
13.3 	eligible under subdivision 3, paragraph (a), clause (2), item
13.4 	(ii), general assistance medical care coverage is limited to
13.5 	inpatient hospital services, including physician services
13.6 	provided during the inpatient hospital stay.  A $1,000
13.7 	deductible is required for each inpatient hospitalization.
13.8 	(b) Gender reassignment surgery and related services are
13.9 	not covered services under this subdivision unless the
13.10 	individual began receiving gender reassignment services prior to
13.11 	July 1, 1995.
13.12 	(c) In order to contain costs, the commissioner of human
13.13 	services shall select vendors of medical care who can provide
13.14 	the most economical care consistent with high medical standards
13.15 	and shall where possible contract with organizations on a
13.16 	prepaid capitation basis to provide these services.  The
13.17 	commissioner shall consider proposals by counties and vendors
13.18 	for prepaid health plans, competitive bidding programs, block
13.19 	grants, or other vendor payment mechanisms designed to provide
13.20 	services in an economical manner or to control utilization, with
13.21 	safeguards to ensure that necessary services are provided.
13.22 	Before implementing prepaid programs in counties with a county
13.23 	operated or affiliated public teaching hospital or a hospital or
13.24 	clinic operated by the University of Minnesota, the commissioner
13.25 	shall consider the risks the prepaid program creates for the
13.26 	hospital and allow the county or hospital the opportunity to
13.27 	participate in the program in a manner that reflects the risk of
13.28 	adverse selection and the nature of the patients served by the
13.29 	hospital, provided the terms of participation in the program are
13.30 	competitive with the terms of other participants considering the
13.31 	nature of the population served.  Payment for services provided
13.32 	pursuant to this subdivision shall be as provided to medical
13.33 	assistance vendors of these services under sections 256B.02,
13.34 	subdivision 8, and 256B.0625.  For payments made during fiscal
13.35 	year 1990 and later years, the commissioner shall consult with
13.36 	an independent actuary in establishing prepayment rates, but
14.1 	shall retain final control over the rate methodology.
14.2 	(d) Recipients eligible under subdivision 3, paragraph (a),
14.3 	clause (2), item (i), shall pay the following co-payments for
14.4 	services provided on or after October 1, 2003:
14.5 	(1) $3 per nonpreventive visit.  For purposes of this
14.6 	subdivision, a visit means an episode of service which is
14.7 	required because of a recipient's symptoms, diagnosis, or
14.8 	established illness, and which is delivered in an ambulatory
14.9 	setting by a physician or physician ancillary, chiropractor,
14.10 	podiatrist, nurse midwife, advanced practice nurse, audiologist,
14.11 	optician, or optometrist;
14.12 	(2) $25 for eyeglasses;
14.13 	(3) $25 for nonemergency visits to a hospital-based
14.14 	emergency room;
14.15 	(4) $3 per brand-name drug prescription and $1 per generic
14.16 	drug prescription, subject to a $20 per month maximum for
14.17 	prescription drug co-payments.  No co-payments shall apply to
14.18 	antipsychotic drugs when used for the treatment of mental
14.19 	illness; and
14.20 	(5) 50 percent coinsurance on restorative dental services.
14.21 	(e) Co-payments shall be limited to one per day per
14.22 	provider for nonpreventive visits, eyeglasses, and nonemergency
14.23 	visits to a hospital-based emergency room.  Recipients of
14.24 	general assistance medical care are responsible for all
14.25 	co-payments in this subdivision.  The general assistance medical
14.26 	care reimbursement to the provider shall be reduced by the
14.27 	amount of the co-payment, except that reimbursement for
14.28 	prescription drugs shall not be reduced once a recipient has
14.29 	reached the $20 per month maximum for prescription drug
14.30 	co-payments.  The provider collects the co-payment from the
14.31 	recipient.  Providers may not deny services to recipients who
14.32 	are unable to pay the co-payment, except as provided in
14.33 	paragraph (f).
14.34 	(f) If it is the routine business practice of a provider to
14.35 	refuse service to an individual with uncollected debt, the
14.36 	provider may include uncollected co-payments under this
15.1 	section.  A provider must give advance notice to a recipient
15.2 	with uncollected debt before services can be denied.
15.3 	(g) Any county may, from its own resources, provide medical
15.4 	payments for which state payments are not made.
15.5 	(h) Chemical dependency services that are reimbursed under
15.6 	chapter 254B must not be reimbursed under general assistance
15.7 	medical care.
15.8 	(i) The maximum payment for new vendors enrolled in the
15.9 	general assistance medical care program after the base year
15.10 	shall be determined from the average usual and customary charge
15.11 	of the same vendor type enrolled in the base year.
15.12 	(j) The conditions of payment for services under this
15.13 	subdivision are the same as the conditions specified in rules
15.14 	adopted under chapter 256B governing the medical assistance
15.15 	program, unless otherwise provided by statute or rule.
15.16 	(k) Inpatient and outpatient payments shall be reduced by
15.17 	five percent, effective July 1, 2003.  This reduction is in
15.18 	addition to the five percent reduction effective July 1, 2003,
15.19 	and incorporated by reference in paragraph (i).
15.20 	(l) Payments for all other health services except
15.21 	inpatient, outpatient, and pharmacy services shall be reduced by
15.22 	five percent, effective July 1, 2003.
15.23 	(m) Payments to managed care plans shall be reduced by five
15.24 	percent for services provided on or after October 1, 2003.
15.25 	(n) A hospital receiving a reduced payment as a result of
15.26 	this section may apply the unpaid balance toward satisfaction of
15.27 	the hospital's bad debts.
15.28 	
EFFECTIVE DATE. This section is effective January 1, 2006.

15.29 	Sec. 13. Minnesota Statutes 2004, section 256L.03,
15.30 	subdivision 1, is amended to read:
15.31 		Subdivision 1.Covered health services.  For individuals
15.32 	under section 256L.04, subdivision 7, with income no greater
15.33 	than 75 percent of the federal poverty guidelines or for
15.34 	families with children under section 256L.04, subdivision 1, all
15.35 	subdivisions of this section apply.  "Covered health services"
15.36 	means the health services reimbursed under chapter 256B, with
16.1 	the exception of inpatient hospital services, special education
16.2 	services, private duty nursing services, adult dental care
16.3 	services other than services covered under section 256B.0625,
16.4 	subdivision 9, paragraph (b), orthodontic services, nonemergency
16.5 	medical transportation services, personal care assistant and
16.6 	case management services, nursing home or intermediate care
16.7 	facilities services, inpatient mental health services, and
16.8 	chemical dependency services.  Outpatient mental health services
16.9 	covered under the MinnesotaCare program are limited to
16.10 	diagnostic assessments, psychological testing, explanation of
16.11 	findings, mental health telemedicine, psychiatric consultation,
16.12 	medication management by a physician, day treatment, partial
16.13 	hospitalization, and individual, family, and group psychotherapy.
16.14 	No public funds shall be used for coverage of abortion
16.15 	under MinnesotaCare except where the life of the female would be
16.16 	endangered or substantial and irreversible impairment of a major
16.17 	bodily function would result if the fetus were carried to term;
16.18 	or where the pregnancy is the result of rape or incest.
16.19 	Covered health services shall be expanded as provided in
16.20 	this section.
16.21 	
EFFECTIVE DATE. This section is effective January 1, 2006.

16.22 	Sec. 14. REPEALER.
 16.23 	Laws 2001, First Special Session chapter 9, article 9,
16.24 	section 52; and Laws 2002, chapter 335, section 4, are repealed
16.25 	effective the day following final enactment.

16.26 	ARTICLE 2
16.27 	CHILDREN'S MENTAL HEALTH

16.28 	Section 1. Minnesota Statutes 2004, section 260C.141,
16.29 	subdivision 2, is amended to read:
16.30 		Subd. 2.Review of foster care status. The social
16.31 	services agency responsible for the placement of a child in a
16.32 	residential facility, as defined in section 260C.212,
16.33 	subdivision 1, pursuant to a voluntary release by the child's
16.34 	parent or parents must proceed in juvenile court to review the
16.35 	foster care status of the child in the manner provided in this
16.36 	section.
17.1 	(a) Except for a child in placement foster care due solely
17.2 	to the child's developmental disability or emotional
17.3 	disturbance, when a child continues in voluntary placement
17.4 	according to section 260C.212, subdivision 8, a petition shall
17.5 	be filed alleging the child to be in need of protection or
17.6 	services or seeking termination of parental rights or other
17.7 	permanent placement of the child away from the parent within 90
17.8 	days of the date of the voluntary placement agreement.  The
17.9 	petition shall state the reasons why the child is in placement,
17.10 	the progress on the out-of-home placement plan required under
17.11 	section 260C.212, subdivision 1, and the statutory basis for the
17.12 	petition under section 260C.007, subdivision 6, 260C.201,
17.13 	subdivision 11, or 260C.301.
17.14 	(1) In the case of a petition alleging the child to be in
17.15 	need of protection or services filed under this paragraph, if
17.16 	all parties agree and the court finds it is in the best
17.17 	interests of the child, the court may find the petition states a
17.18 	prima facie case that:
17.19 	(i) the child's needs are being met;
17.20 	(ii) the placement of the child in foster care is in the
17.21 	best interests of the child;
17.22 	(iii) reasonable efforts to reunify the child and the
17.23 	parent or guardian are being made; and
17.24 	(iv) the child will be returned home in the next three
17.25 	months.
17.26 	(2) If the court makes findings under paragraph (1), the
17.27 	court shall approve the voluntary arrangement and continue the
17.28 	matter for up to three more months to ensure the child returns
17.29 	to the parents' home.  The responsible social services agency
17.30 	shall:
17.31 	(i) report to the court when the child returns home and the
17.32 	progress made by the parent on the out-of-home placement plan
17.33 	required under section 260C.212, in which case the court shall
17.34 	dismiss jurisdiction;
17.35 	(ii) report to the court that the child has not returned
17.36 	home, in which case the matter shall be returned to the court
18.1 	for further proceedings under section 260C.163; or
18.2 	(iii) if any party does not agree to continue the matter
18.3 	under this paragraph and paragraph (1) and this paragraph, the
18.4 	matter shall proceed under section 260C.163.
18.5 	(b) Subd. 2a.[VOLUNTARY FOSTER CARE PLACEMENT.] In the
18.6 	case of a child in voluntary placement due solely to the child's
18.7 	developmental disability or emotional disturbance according to
18.8 	section 260C.212, subdivision 9, the following procedures apply:
18.9 	a petition under subdivision 1 shall not be filed unless a child
18.10 	continues in foster care for 13 consecutive months from the date
18.11 	of the voluntary placement, in which case, the responsible
18.12 	social services agency shall proceed under clause (2).  In lieu
18.13 	of filing a petition to obtain judicial review of a child's
18.14 	voluntary placement due solely to disability and within 165 days
18.15 	of the placement, the responsible social services agency must
18.16 	report to the court as follows:
18.17 	(1)  [REPORT TO COURT.] (i) Unless the county attorney
18.18 	determines that a petition under subdivision 1 is appropriate,
18.19 	without filing a petition,A written report shall be forwarded
18.20 	to the court within 165 days of the date of the voluntary
18.21 	placement agreement.  The written report shall contain necessary
18.22 	identifying information for the court to proceed, a copy of the
18.23 	out-of-home placement plan required under section 260C.212,
18.24 	subdivision 1, a written summary of the proceedings of any
18.25 	administrative review required under section 260C.212,
18.26 	subdivision 7, and any other information the responsible social
18.27 	services agency, parent or guardian, the child or the foster
18.28 	parent or other residential facility wants the court to
18.29 	consider. In the case of a child in placement due solely to an
18.30 	emotional disturbance, the written report shall include as an
18.31 	attachment the child's individual treatment plan developed by
18.32 	the child's treatment professional, as provided in section
18.33 	245.4871, subdivision 21, or the child's individual interagency
18.34 	intervention plan, as provided in section 125A.023, subdivision
18.35 	3, paragraph (c).  In the case of a child in placement due
18.36 	solely to a developmental disability, the written report shall
19.1 	include as an attachment the child's individual service plan, as
19.2 	provided in section 256B.092, subdivision 1b; the child's
19.3 	individual program plan, as provided in Minnesota Rules, part
19.4 	9525.0004, subpart 11; the child's waiver care plan; or the
19.5 	child's individual interagency intervention plan, as provided in
19.6 	section 125A.023, subdivision 3, paragraph (c).
19.7 	(ii) The responsible social services agency, where
19.8 	appropriate, must advise the child, parent or guardian, the
19.9 	foster parent, or representative of the residential facility of
19.10 	the requirements of this section and of their right to submit
19.11 	information to the court.  If the child, parent or guardian,
19.12 	foster parent, or representative of the residential facility
19.13 	wants to send information to the court, the responsible social
19.14 	services agency shall advise those persons of the reporting date
19.15 	and the identifying information necessary for the court
19.16 	administrator to accept the information and submit it to a judge
19.17 	with the agency's report.  The responsible social services
19.18 	agency must also notify those persons that they have the right
19.19 	to be heard in person by the court and how to exercise that
19.20 	right.  The responsible social services agency must also provide
19.21 	notice that an in-court hearing will not be held unless
19.22 	requested by a parent or guardian, foster parent, or the child.
19.23 	(iii) After receiving the required report, the court has
19.24 	jurisdiction to make the following determinations and must do so
19.25 	within ten days of receiving the forwarded report:  (A) whether
19.26 	or not the placement of the child is in the child's best
19.27 	interests; and (B) whether the parent and agency are
19.28 	appropriately planning for the child.  Unless requested by a
19.29 	parent or guardian, foster parent, or child, no in-court hearing
19.30 	need shall be held in order for the court to make findings and
19.31 	issue an order under this paragraph.
19.32 	(iv) If the court finds the placement is in the child's
19.33 	best interests and that the agency and parent are appropriately
19.34 	planning for the child, the court shall issue an order
19.35 	containing explicit, individualized findings to support its
19.36 	determination.  The court shall send a copy of the order to the
20.1 	county attorney, the responsible social services agency, the
20.2 	parent or guardian, the child, and the foster parents.  The
20.3 	court shall also send the parent or guardian, the child, and the
20.4 	foster parent notice of the required review under clause (2).
20.5 	(v) If the court finds continuing the placement not to be
20.6 	in the child's best interests or that the agency or the parent
20.7 	or guardian is not appropriately planning for the child, the
20.8 	court shall notify the county attorney, the responsible social
20.9 	services agency, the parent or guardian, the foster parent, the
20.10 	child, and the county attorney of the court's determinations and
20.11 	the basis for the court's determinations.
20.12 	(2)  [PERMANENCY REVIEW BY PETITION.] If a child with a
20.13 	developmental disability or an emotional disturbance continues
20.14 	in out-of-home placement for 13 months from the date of a
20.15 	voluntary placement, a petition alleging the child to be in need
20.16 	of protection or services, for termination of parental rights,
20.17 	or for permanent placement of the child away from the parent
20.18 	under section 260C.201 shall be filed.  The court shall conduct
20.19 	a permanency hearing on the petition no later than 14 months
20.20 	after the date of the voluntary placement.  At the permanency
20.21 	hearing, the court shall determine the need for an order
20.22 	permanently placing the child away from the parent or determine
20.23 	whether there are compelling reasons that continued voluntary
20.24 	placement is in the child's best interests.  A petition alleging
20.25 	the child to be in need of protection or services shall state
20.26 	the date of the voluntary placement agreement, the nature of the
20.27 	child's developmental disability or emotional disturbance, the
20.28 	plan for the ongoing care of the child, the parents'
20.29 	participation in the plan, the responsible social services
20.30 	agency's efforts to finalize a plan for the permanent placement
20.31 	of the child, and the statutory basis for the petition.
20.32 	(i) If a petition alleging the child to be in need of
20.33 	protection or services is filed under this paragraph, the court
20.34 	may find, based on the contents of the sworn petition, and the
20.35 	agreement of all parties, including the child, where
20.36 	appropriate, that there are compelling reasons that the
21.1 	voluntary arrangement is in the best interests of the child and
21.2 	that the responsible social services agency has made reasonable
21.3 	efforts to finalize a plan for the permanent placement of the
21.4 	child, approve the continued voluntary placement, and continue
21.5 	the matter under the court's jurisdiction for the purpose of
21.6 	reviewing the child's placement as a continued voluntary
21.7 	arrangement every 12 months as long as the child continues in
21.8 	out-of-home placement.
21.9 	(ii) When the court finds compelling reasons and approves
21.10 	the continued voluntary placement under this subdivision, the
21.11 	court shall not adjudicate the child in need of protection or
21.12 	services and shall not order the child placed in foster care or
21.13 	transfer legal custody of the child to the responsible social
21.14 	services agency.  A finding that the court approves the
21.15 	continued voluntary placement means the responsible social
21.16 	services agency has continued legal responsibility for the
21.17 	child's placement due to the voluntary placement agreement and
21.18 	that the parent may terminate the voluntary agreement as
21.19 	provided in section 260C.212, subdivision 4, paragraph (c),
21.20 	clause (2), or, in the case of an Indian child, as provided in
21.21 	section 260.765, subdivision 4.
21.22 	(iii) The matter must be returned to the court for further
21.23 	review every 12 months as long as the child remains in
21.24 	placement.  The court shall give notice to the parent or
21.25 	guardian of the continued review requirements under this
21.26 	section.  Nothing in this paragraph shall be construed to mean
21.27 	the court must order permanent placement for the child under
21.28 	section 260C.201, subdivision 11, as long as the court finds
21.29 	compelling reasons at the first review required under this
21.30 	section.
21.31 	(iv) If a child diagnosed with developmental disability or
21.32 	emotional disturbance has been ordered into foster care under
21.33 	section 260C.178 or 260C.201 and the conditions which led to the
21.34 	court's order have been corrected so that the child could safely
21.35 	return to the care of the parent or guardian except for the
21.36 	child's need for continued placement to access necessary
22.1 	treatment or services, the responsible social services agency
22.2 	may file a motion with the court in the child in need of
22.3 	protection or services matter to vacate the finding that the
22.4 	child is in need of protection or services and to vacate the
22.5 	award of custody to the responsible agency.  The motion shall be
22.6 	supported by affidavit setting forth:  (A) the agency's
22.7 	reasonable efforts to finalize a permanent plan for the child
22.8 	including returning the child home; (B) the agency's compelling
22.9 	reasons why a permanent placement need not be ordered under
22.10 	section 260C.201, subdivision 11; and (C) why the voluntary
22.11 	placement is in the child's best interests.  This motion must be
22.12 	filed no later than the time a permanency placement
22.13 	determination hearing is required under section 260C.201,
22.14 	subdivision 11.  At the time scheduled for the court to hear the
22.15 	agency's motion, the parent or guardian and agency may execute a
22.16 	voluntary placement agreement when the court approves the
22.17 	child's continued foster care placement as a voluntary
22.18 	arrangement.  The court may approve the continued foster care
22.19 	placement as a voluntary arrangement if it finds there are
22.20 	compelling reasons why continued placement on a voluntary basis
22.21 	is in the child's best interests and that the responsible social
22.22 	services agency has made reasonable efforts to finalize a plan
22.23 	for the permanent placement of the child.  The matter shall
22.24 	continue under the court's jurisdiction for the purpose of
22.25 	reviewing the child's placement as a continued voluntary
22.26 	arrangement every 12 months as long as the child continues in
22.27 	out-of-home placement due solely to the child's disability.  A
22.28 	finding that the court approves the continued voluntary
22.29 	placement means the responsible social services agency has
22.30 	continued legal responsibility for the child's placement due to
22.31 	the voluntary placement agreement and that the parent may
22.32 	terminate the voluntary agreement as provided in section
22.33 	260C.212, subdivision 4, paragraph (c), clause (2), or, in the
22.34 	case of an Indian child, as provided in section 260.765,
22.35 	subdivision 4.
22.36 	(ii) (v) If a petition for termination of parental rights,
23.1 	for transfer of permanent legal and physical custody to a
23.2 	relative, for long-term foster care, or for foster care for a
23.3 	specified period of time is filed, the court must proceed under
23.4 	section 260C.201, subdivision 11.
23.5 	(3) If any party, including the child, disagrees with the
23.6 	voluntary arrangement, the court shall proceed under section
23.7 	260C.163.

23.8 	Sec. 2. Minnesota Statutes 2004, section 260C.193,
23.9 	subdivision 2, is amended to read:
23.10 		Subd. 2.Consideration of reports.  Before making a
23.11 	disposition in a case, terminating parental rights, or
23.12 	appointing a guardian for a child, the court may consider any
23.13 	report or recommendation made by the responsible social services
23.14 	agency, probation officer, licensed child-placing agency, foster
23.15 	parent, guardian ad litem, tribal representative, the child's
23.16 	health or mental health care provider,or other authorized
23.17 	advocate for the child or child's family, a school district
23.18 	concerning the effect on student transportation of placing a
23.19 	child in a school district in which the child is not a resident,
23.20 	or any other information deemed material by the court.

23.21 	Sec. 3. Minnesota Statutes 2004, section 260C.201,
23.22 	subdivision 1, is amended to read:
23.23 		Subdivision 1.Dispositions.  (a) If the court finds that
23.24 	the child is in need of protection or services or neglected and
23.25 	in foster care, it shall enter an order making any of the
23.26 	following dispositions of the case:
23.27 	(1) place the child under the protective supervision of the
23.28 	responsible social services agency or child-placing agency in
23.29 	the home of a parent of the child under conditions prescribed by
23.30 	the court directed to the correction of the child's need for
23.31 	protection or services:
23.32 	(i) the court may order the child into the home of a parent
23.33 	who does not otherwise have legal custody of the child, however,
23.34 	an order under this section does not confer legal custody on
23.35 	that parent;
23.36 	(ii) if the court orders the child into the home of a
24.1 	father who is not adjudicated, he must cooperate with paternity
24.2 	establishment proceedings regarding the child in the appropriate
24.3 	jurisdiction as one of the conditions prescribed by the court
24.4 	for the child to continue in his home;
24.5 	(iii) the court may order the child into the home of a
24.6 	noncustodial parent with conditions and may also order both the
24.7 	noncustodial and the custodial parent to comply with the
24.8 	requirements of a case plan under subdivision 2; or
24.9 	(2) transfer legal custody to one of the following:
24.10 	(i) a child-placing agency; or
24.11 	(ii) the responsible social services agency.  In placing a
24.12 	child whose custody has been transferred under this paragraph,
24.13 	the agencies shall make an individualized determination of how
24.14 	the placement is in the child's best interests using the
24.15 	consideration for relatives and the best interest factors in
24.16 	section 260C.212, subdivision 2, paragraph (b); or
24.17 	(3) if the child has been adjudicated as a child in need of
24.18 	protection or services because the child is in need of special
24.19 	services or care to treat or ameliorate a physical or mental
24.20 	disability or emotional disturbance as defined in section
24.21 	245.4871, subdivision 15, the court may order the child's
24.22 	parent, guardian, or custodian to provide it.  The court may
24.23 	order the child's health plan company to provide mental health
24.24 	services to the child.  Section 62Q.535 applies to an order for
24.25 	mental health services directed to the child's health plan
24.26 	company.  If the health plan, parent, guardian, or custodian
24.27 	fails or is unable to provide this treatment or care, the court
24.28 	may order it provided.  Absent specific written findings by the
24.29 	court that the child's disability is the result of abuse or
24.30 	neglect by the child's parent or guardian, the court shall not
24.31 	transfer legal custody of the child for the purpose of obtaining
24.32 	special treatment or care solely because the parent is unable to
24.33 	provide the treatment or care.  If the court's order for mental
24.34 	health treatment is based on a diagnosis made by a treatment
24.35 	professional, the court may order that the diagnosing
24.36 	professional not provide the treatment to the child if it finds
25.1 	that such an order is in the child's best interests; or
25.2 	(4) if the court believes that the child has sufficient
25.3 	maturity and judgment and that it is in the best interests of
25.4 	the child, the court may order a child 16 years old or older to
25.5 	be allowed to live independently, either alone or with others as
25.6 	approved by the court under supervision the court considers
25.7 	appropriate, if the county board, after consultation with the
25.8 	court, has specifically authorized this dispositional
25.9 	alternative for a child.
25.10 	(b) If the child was adjudicated in need of protection or
25.11 	services because the child is a runaway or habitual truant, the
25.12 	court may order any of the following dispositions in addition to
25.13 	or as alternatives to the dispositions authorized under
25.14 	paragraph (a):
25.15 	(1) counsel the child or the child's parents, guardian, or
25.16 	custodian;
25.17 	(2) place the child under the supervision of a probation
25.18 	officer or other suitable person in the child's own home under
25.19 	conditions prescribed by the court, including reasonable rules
25.20 	for the child's conduct and the conduct of the parents,
25.21 	guardian, or custodian, designed for the physical, mental, and
25.22 	moral well-being and behavior of the child; or with the consent
25.23 	of the commissioner of corrections, place the child in a group
25.24 	foster care facility which is under the commissioner's
25.25 	management and supervision;
25.26 	(3) subject to the court's supervision, transfer legal
25.27 	custody of the child to one of the following:
25.28 	(i) a reputable person of good moral character.  No person
25.29 	may receive custody of two or more unrelated children unless
25.30 	licensed to operate a residential program under sections 245A.01
25.31 	to 245A.16; or
25.32 	(ii) a county probation officer for placement in a group
25.33 	foster home established under the direction of the juvenile
25.34 	court and licensed pursuant to section 241.021;
25.35 	(4) require the child to pay a fine of up to $100.  The
25.36 	court shall order payment of the fine in a manner that will not
26.1 	impose undue financial hardship upon the child;
26.2 	(5) require the child to participate in a community service
26.3 	project;
26.4 	(6) order the child to undergo a chemical dependency
26.5 	evaluation and, if warranted by the evaluation, order
26.6 	participation by the child in a drug awareness program or an
26.7 	inpatient or outpatient chemical dependency treatment program;
26.8 	(7) if the court believes that it is in the best interests
26.9 	of the child and of public safety that the child's driver's
26.10 	license or instruction permit be canceled, the court may order
26.11 	the commissioner of public safety to cancel the child's license
26.12 	or permit for any period up to the child's 18th birthday.  If
26.13 	the child does not have a driver's license or permit, the court
26.14 	may order a denial of driving privileges for any period up to
26.15 	the child's 18th birthday.  The court shall forward an order
26.16 	issued under this clause to the commissioner, who shall cancel
26.17 	the license or permit or deny driving privileges without a
26.18 	hearing for the period specified by the court.  At any time
26.19 	before the expiration of the period of cancellation or denial,
26.20 	the court may, for good cause, order the commissioner of public
26.21 	safety to allow the child to apply for a license or permit, and
26.22 	the commissioner shall so authorize;
26.23 	(8) order that the child's parent or legal guardian deliver
26.24 	the child to school at the beginning of each school day for a
26.25 	period of time specified by the court; or
26.26 	(9) require the child to perform any other activities or
26.27 	participate in any other treatment programs deemed appropriate
26.28 	by the court.
26.29 	To the extent practicable, the court shall enter a
26.30 	disposition order the same day it makes a finding that a child
26.31 	is in need of protection or services or neglected and in foster
26.32 	care, but in no event more than 15 days after the finding unless
26.33 	the court finds that the best interests of the child will be
26.34 	served by granting a delay.  If the child was under eight years
26.35 	of age at the time the petition was filed, the disposition order
26.36 	must be entered within ten days of the finding and the court may
27.1 	not grant a delay unless good cause is shown and the court finds
27.2 	the best interests of the child will be served by the delay.
27.3 	(c) If a child who is 14 years of age or older is
27.4 	adjudicated in need of protection or services because the child
27.5 	is a habitual truant and truancy procedures involving the child
27.6 	were previously dealt with by a school attendance review board
27.7 	or county attorney mediation program under section 260A.06 or
27.8 	260A.07, the court shall order a cancellation or denial of
27.9 	driving privileges under paragraph (b), clause (7), for any
27.10 	period up to the child's 18th birthday.
27.11 	(d) In the case of a child adjudicated in need of
27.12 	protection or services because the child has committed domestic
27.13 	abuse and been ordered excluded from the child's parent's home,
27.14 	the court shall dismiss jurisdiction if the court, at any time,
27.15 	finds the parent is able or willing to provide an alternative
27.16 	safe living arrangement for the child, as defined in Laws 1997,
27.17 	chapter 239, article 10, section 2.
27.18 	(e) When a parent has complied with a case plan ordered
27.19 	under subdivision 6 and the child is in the care of the parent,
27.20 	the court may order the responsible social services agency to
27.21 	monitor the parent's continued ability to maintain the child
27.22 	safely in the home under such terms and conditions as the court
27.23 	determines appropriate under the circumstances.

27.24 	Sec. 4. Minnesota Statutes 2004, section 260C.201,
27.25 	subdivision 2, is amended to read:
27.26 		Subd. 2.Written findings.  (a) Any order for a
27.27 	disposition authorized under this section shall contain written
27.28 	findings of fact to support the disposition and case plan
27.29 	ordered and shall also set forth in writing the following
27.30 	information:
27.31 	(1) Why the best interests and safety of the child are
27.32 	served by the disposition and case plan ordered;
27.33 	(2) What alternative dispositions or services under the
27.34 	case plan were considered by the court and why such dispositions
27.35 	or services were not appropriate in the instant case;
27.36 	(3) When legal custody of the child is transferred, the
28.1 	appropriateness of the particular placement made or to be made
28.2 	by the placing agency using the factors in section 260C.212,
28.3 	subdivision 2, paragraph (b); and 
28.4 	(4) Whether reasonable efforts consistent with section
28.5 	260.012 were made to prevent or eliminate the necessity of the
28.6 	child's removal and to reunify the family after removal.  The
28.7 	court's findings must include a brief description of what
28.8 	preventive and reunification efforts were made and why further
28.9 	efforts could not have prevented or eliminated the necessity of
28.10 	removal or that reasonable efforts were not required under
28.11 	section 260.012 or 260C.178, subdivision 1; and 
28.12 	(5) If the child has been adjudicated as a child in need of
28.13 	protection or services because the child is in need of special
28.14 	services or care to treat or ameliorate a mental disability or
28.15 	emotional disturbance as defined in section 245.4871,
28.16 	subdivision 15, the written findings shall also set forth:
28.17 	(i) whether the child has mental health needs that must be
28.18 	addressed by the case plan;
28.19 	(ii) what consideration was given to the diagnostic and
28.20 	functional assessments performed by the child's mental health
28.21 	professional and to health and mental health care professionals'
28.22 	treatment recommendations;
28.23 	(iii) what consideration was given to the requests or
28.24 	preferences of the child's parent or guardian with regard to the
28.25 	child's interventions, services, or treatment; and 
28.26 	(iv) what consideration was given to the cultural
28.27 	appropriateness of the child's treatment or services.
28.28 	(b) If the court finds that the social services agency's
28.29 	preventive or reunification efforts have not been reasonable but
28.30 	that further preventive or reunification efforts could not
28.31 	permit the child to safely remain at home, the court may
28.32 	nevertheless authorize or continue the removal of the child.
28.33 	(c) If the child has been identified by the responsible
28.34 	social services agency as the subject of concurrent permanency
28.35 	planning, the court shall review the reasonable efforts of the
28.36 	agency to recruit, identify, and make a placement in a home
29.1 	where the foster parent or relative that has committed to being
29.2 	the legally permanent home for the child in the event
29.3 	reunification efforts are not successful.

29.4 	Sec. 5. Minnesota Statutes 2004, section 260C.205, is
29.5 	amended to read:
29.6 	260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.
29.7 	Unless the court disposes of the petition under section
29.8 	260C.141, subdivision 2, upon a petition for review of the
29.9 	foster care status of a child, the court may:
29.10 	(a) Find that the child's needs are not being met, in which
29.11 	case the court shall order the social services agency or the
29.12 	parents to take whatever action is necessary and feasible to
29.13 	meet the child's needs, including, when appropriate, the
29.14 	provision by the social services agency of services to the
29.15 	parents which would enable the child to live at home, and order
29.16 	a disposition under section 260C.201.
29.17 	(b) Find that the child has been abandoned by parents
29.18 	financially or emotionally, or that the developmentally disabled
29.19 	child does not require out-of-home care because of the
29.20 	handicapping condition, in which case the court shall order the
29.21 	social services agency to file an appropriate petition pursuant
29.22 	to section 260C.141, subdivision 1, or 260C.307.
29.23 	(c) When a child is in placement due solely to the child's
29.24 	developmental disability or emotional disturbance and the court
29.25 	finds that there are compelling reasons which permit the court
29.26 	to approve the continued voluntary placement of the child and
29.27 	retain jurisdiction to conduct reviews as required under section
29.28 	260C.141, subdivision 2, the court shall give the parent notice
29.29 	by registered United States mail of the review requirements of
29.30 	section 260C.141, subdivision 2, in the event the child
29.31 	continues in placement 12 months or longer.
29.32 	Nothing in this section shall be construed to prohibit
29.33 	bringing a petition pursuant to section 260C.141, subdivision 1
29.34 	or 4, sooner than required by court order pursuant to this
29.35 	section.

29.36 	Sec. 6. Minnesota Statutes 2004, section 260C.212,
30.1 	subdivision 1, is amended to read:
30.2 		Subdivision 1.Out-of-home placement; plan.  (a) An
30.3 	out-of-home placement plan shall be prepared within 30 days
30.4 	after any child is placed in a residential facility by court
30.5 	order or by the voluntary release of the child by the parent or
30.6 	parents.
30.7 	For purposes of this section, a residential facility means
30.8 	any group home, family foster home or other publicly supported
30.9 	out-of-home residential facility, including any out-of-home
30.10 	residential facility under contract with the state, county or
30.11 	other political subdivision, or any agency thereof, to provide
30.12 	those services or foster care as defined in section 260C.007,
30.13 	subdivision 18.
30.14 	(b) An out-of-home placement plan means a written document
30.15 	which is prepared by the responsible social services agency
30.16 	jointly with the parent or parents or guardian of the child and
30.17 	in consultation with the child's guardian ad litem, the child's
30.18 	tribe, if the child is an Indian child, the child's foster
30.19 	parent or representative of the residential facility, and, where
30.20 	appropriate, the child. For a child in placement due solely or
30.21 	in part to the child's emotional disturbance, preparation of the
30.22 	out-of-home placement plan shall additionally include the
30.23 	child's mental health treatment provider.As appropriate, the
30.24 	plan shall be:
30.25 	(1) submitted to the court for approval under section
30.26 	260C.178, subdivision 7;
30.27 	(2) ordered by the court, either as presented or modified
30.28 	after hearing, under section 260C.178, subdivision 7, or
30.29 	260C.201, subdivision 6; and
30.30 	(3) signed by the parent or parents or guardian of the
30.31 	child, the child's guardian ad litem, a representative of the
30.32 	child's tribe, the responsible social services agency, and, if
30.33 	possible, the child.
30.34 	(c) The out-of-home placement plan shall be explained to
30.35 	all persons involved in its implementation, including the child
30.36 	who has signed the plan, and shall set forth:
31.1 	(1) a description of the residential facility including how
31.2 	the out-of-home placement plan is designed to achieve a safe
31.3 	placement for the child in the least restrictive, most
31.4 	family-like, setting available which is in close proximity to
31.5 	the home of the parent or parents or guardian of the child when
31.6 	the case plan goal is reunification, and how the placement is
31.7 	consistent with the best interests and special needs of the
31.8 	child according to the factors under subdivision 2, paragraph
31.9 	(b);
31.10 	(2) the specific reasons for the placement of the child in
31.11 	a residential facility, and when reunification is the plan, a
31.12 	description of the problems or conditions in the home of the
31.13 	parent or parents which necessitated removal of the child from
31.14 	home and the changes the parent or parents must make in order
31.15 	for the child to safely return home;
31.16 	(3) a description of the services offered and provided to
31.17 	prevent removal of the child from the home and to reunify the
31.18 	family including:
31.19 	(i) the specific actions to be taken by the parent or
31.20 	parents of the child to eliminate or correct the problems or
31.21 	conditions identified in clause (2), and the time period during
31.22 	which the actions are to be taken; and
31.23 	(ii) the reasonable efforts, or in the case of an Indian
31.24 	child, active efforts to be made to achieve a safe and stable
31.25 	home for the child including social and other supportive
31.26 	services to be provided or offered to the parent or parents or
31.27 	guardian of the child, the child, and the residential facility
31.28 	during the period the child is in the residential facility;
31.29 	(4) a description of any services or resources that were
31.30 	requested by the child or the child's parent, guardian, foster
31.31 	parent, or custodian since the date of the child's placement in
31.32 	the residential facility, and whether those services or
31.33 	resources were provided and if not, the basis for the denial of
31.34 	the services or resources;
31.35 	(5) the visitation plan for the parent or parents or
31.36 	guardian, other relatives as defined in section 260C.007,
32.1 	subdivision 27, and siblings of the child if the siblings are
32.2 	not placed together in the residential facility, and whether
32.3 	visitation is consistent with the best interest of the child,
32.4 	during the period the child is in the residential facility;
32.5 	(6) documentation of steps to finalize the adoption or
32.6 	legal guardianship of the child if the court has issued an order
32.7 	terminating the rights of both parents of the child or of the
32.8 	only known, living parent of the child, and a copy of this
32.9 	documentation shall be provided to the court in the review
32.10 	required under section 260C.317, subdivision 3, paragraph (b);
32.11 	(7) to the extent available and accessible, the health and
32.12 	educational records of the child including:
32.13 	(i) the names and addresses of the child's health and
32.14 	educational providers;
32.15 	(ii) the child's grade level performance;
32.16 	(iii) the child's school record;
32.17 	(iv) assurances that the child's placement in foster care
32.18 	takes into account proximity to the school in which the child is
32.19 	enrolled at the time of placement;
32.20 	(v) a record of the child's immunizations;
32.21 	(vi) the child's known medical problems, including any
32.22 	known communicable diseases, as defined in section 144.4172,
32.23 	subdivision 2;
32.24 	(vii) the child's medications; and
32.25 	(viii) any other relevant health and education information;
32.26 	and 
32.27 	(8) an independent living plan for a child age 16 or older
32.28 	who is in placement as a result of a permanency disposition.
32.29 	The plan should include, but not be limited to, the following
32.30 	objectives:
32.31 	(i) educational, vocational, or employment planning;
32.32 	(ii) health care planning and medical coverage;
32.33 	(iii) transportation including, where appropriate,
32.34 	assisting the child in obtaining a driver's license;
32.35 	(iv) money management;
32.36 	(v) planning for housing;
33.1 	(vi) social and recreational skills; and
33.2 	(vii) establishing and maintaining connections with the
33.3 	child's family and community; and 
33.4 	(9) for a child in placement due solely or in part to the
33.5 	child's emotional disturbance, diagnostic and assessment
33.6 	information, specific services relating to meeting the mental
33.7 	health care needs of the child, and treatment outcomes.
33.8 	(d) The parent or parents or guardian and the child each
33.9 	shall have the right to legal counsel in the preparation of the
33.10 	case plan and shall be informed of the right at the time of
33.11 	placement of the child.  The child shall also have the right to
33.12 	a guardian ad litem.  If unable to employ counsel from their own
33.13 	resources, the court shall appoint counsel upon the request of
33.14 	the parent or parents or the child or the child's legal
33.15 	guardian.  The parent or parents may also receive assistance
33.16 	from any person or social services agency in preparation of the
33.17 	case plan.
33.18 	After the plan has been agreed upon by the parties involved
33.19 	or approved or ordered by the court, the foster parents shall be
33.20 	fully informed of the provisions of the case plan and shall be
33.21 	provided a copy of the plan.

33.22 	Sec. 7. EFFECTIVE DATE.
 33.23 	Sections 1 to 6 shall be effective the day following final
33.24 	enactment.

33.25 	ARTICLE 3
33.26 	CIVIL COMMITMENT

33.27 	Section 1. Minnesota Statutes 2004, section 253B.02,
33.28 	subdivision 7, is amended to read:
33.29 		Subd. 7.Examiner.  "Examiner" means a person who is
33.30 	knowledgeable, trained, and practicing in the diagnosis and
33.31 	assessment or in the treatment of the alleged impairment, and
33.32 	who is:
33.33 	(1) a licensed physician; or 
33.34 	(2) a licensed psychologist who has a doctoral degree in
33.35 	psychology or who became a licensed consulting psychologist
33.36 	before July 2, 1975; or 
34.1 	(3) an advanced practice registered nurse (APRN) certified
34.2 	in mental health.

34.3 	Sec. 2. Minnesota Statutes 2004, section 253B.02,
34.4 	subdivision 9, is amended to read:
34.5 		Subd. 9.Health officer.  "Health officer" means a
34.6 	licensed physician, licensed psychologist, licensed social
34.7 	worker, registered nurse working in an emergency room of a
34.8 	hospital, or psychiatric or public health nurse as defined in
34.9 	section 145A.02, subdivision 18, or an advanced practice
34.10 	registered nurse (APRN) as defined in section 148.171,
34.11 	subdivision 3,and formally designated members of a prepetition
34.12 	screening unit established by section 253B.07.

34.13 	Sec. 3. Minnesota Statutes 2004, section 253B.05,
34.14 	subdivision 2, is amended to read:
34.15 		Subd. 2.Peace or health officer authority.  (a) A peace
34.16 	or health officer may take a person into custody and transport
34.17 	the person to a licensed physician or treatment facility if the
34.18 	officer has reason to believe, either through direct observation
34.19 	of the person's behavior, or upon reliable information of the
34.20 	person's recent behavior and knowledge of the person's past
34.21 	behavior or psychiatric treatment, that the person is mentally
34.22 	ill or mentally retarded and in danger of injuring self or
34.23 	others if not immediately detained.  A peace or health officer
34.24 	or a person working under such officer's supervision, may take a
34.25 	person who is believed to be chemically dependent or is
34.26 	intoxicated in public into custody and transport the person to a
34.27 	treatment facility.  If the person is intoxicated in public or
34.28 	is believed to be chemically dependent and is not in danger of
34.29 	causing self-harm or harm to any person or property, the peace
34.30 	or health officer may transport the person home.  The peace or
34.31 	health officer shall make written application for admission of
34.32 	the person to the treatment facility.  The application shall
34.33 	contain the peace or health officer's statement specifying the
34.34 	reasons for and circumstances under which the person was taken
34.35 	into custody.  If danger to specific individuals is a basis for
34.36 	the emergency hold, the statement must include identifying
35.1 	information on those individuals, to the extent practicable.  A
35.2 	copy of the statement shall be made available to the person
35.3 	taken into custody.
35.4 	(b) As far as is practicable, a peace officer who provides
35.5 	transportation for a person placed in a facility under this
35.6 	subdivision may not be in uniform and may not use a vehicle
35.7 	visibly marked as a law enforcement vehicle.
35.8 	(c) A person may be admitted to a treatment facility for
35.9 	emergency care and treatment under this subdivision with the
35.10 	consent of the head of the facility under the following
35.11 	circumstances:  (1) a written statement is made by shall only be
35.12 	made by the following individuals who are knowledgeable,
35.13 	trained, and practicing in the diagnosis and treatment of mental
35.14 	illness or mental retardation;the medical officer, or the
35.15 	officer's designee on duty at the facility, if the designee is 
35.16 	including a licensed physician, a registered physician
35.17 	assistant, or an advanced practice registered nurse who is
35.18 	knowledgeable, trained, and practicing in the diagnosis and
35.19 	treatment of mental illness or mental retardation, that after
35.20 	preliminary examination has determined that the person has
35.21 	symptoms of mental illness or mental retardation and appears to
35.22 	be in danger of harming self or others if not immediately
35.23 	detained; or (2) a written statement is made by the institution
35.24 	program director or the director's designee on duty at the
35.25 	facility after preliminary examination that the person has
35.26 	symptoms of chemical dependency and appears to be in danger of
35.27 	harming self or others if not immediately detained or is
35.28 	intoxicated in public.