Minnesota Statutes

Public Welfare and Related Activities

Chapter 256. Human Services

256.01. Commissioner of human services; powers, duties

Subd. 14b. American Indian child welfare projects. (a) The commissioner of human services may authorize projects to test tribal delivery of child welfare services to American Indian children and their parents and custodians living on the reservation. The commissioner has authority to solicit and determine which tribes may participate in a project. Grants may be issued to Minnesota Indian tribes to support the projects. The commissioner may waive existing state rules as needed to accomplish the projects. Notwithstanding section 626.556, the commissioner may authorize projects to use alternative methods of investigating and assessing reports of child maltreatment, provided that the projects comply with the provisions of section 626.556 dealing with the rights of individuals who are subjects of reports or investigations, including notice and appeal rights and data practices requirements. The commissioner may seek any federal approvals necessary to carry out the projects as well as seek and use any funds available to the commissioner, including use of federal funds, foundation funds, existing grant funds, and other funds. The commissioner is authorized to advance state funds as necessary to operate the projects. Federal reimbursement applicable to the projects is appropriated to the commissioner for the purposes of the projects. The projects must be required to address responsibility for safety, permanency, and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under 18 years of age who is a tribal member or eligible for membership in one of the tribes chosen for a project under this subdivision and who is residing on the reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment have occurred;

(4) have capacity to respond to reports of abuse and neglect under section 626.556;

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of providing child welfare services to American Indian children on the tribe's reservation, including costs associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective purposes; and

(5) other activities and services approved by the commissioner that further the goals of providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner to assume child welfare responsibilities for American Indian children of that tribe under this section, the affected county social service agency is relieved of responsibility for responding to reports of abuse and neglect under section 626.556 for those children during the time within which the tribal project is in effect and funded. The commissioner shall work with tribes and affected counties to develop procedures for data collection, evaluation, and clarification of ongoing role and financial responsibilities of the county and tribe for child welfare services prior to initiation of the project. Children who have not been identified by the tribe as participating in the project shall remain the responsibility of the county. Nothing in this section shall alter responsibilities of the county for law enforcement or court services.

(f) The commissioner shall collect information on outcomes relating to child safety, permanency, and well-being of American Indian children who are served in the projects. Participating tribes must provide information to the state in a format and completeness deemed acceptable by the state to meet state and federal reporting requirements.

CREDIT(S)

Amended by Laws 1949, c. 40, § 1; Laws 1949, c. 512, §§ 5, 6; Laws 1949, c. 618, § 1; Laws 1949, c. 704, § 1; Laws 1951, c. 330, § 1; Laws 1951, c. 403, § 1; Laws 1951, c. 713, § 27, eff. July 1, 1951; Laws 1953, c. 30, § 1; Laws 1953, c. 593, § 2; Laws 1955, c. 534, § 1; Laws 1955, c. 627, § 1; Laws 1955, c. 847, § 21; Laws 1957, c. 287, § 3; Laws 1957, c. 641, § 1; Laws 1957, c. 762, §§ 1, 2; Laws 1957, c. 791, § 1; Laws 1959, c. 43, § 1; Laws 1959, c. 609, § 2; Laws 1961, c. 466, §§ 3 to 6; Laws 1963, c. 794, § 1; Laws 1967, c. 122, § 1, eff. March 31, 1967; Laws 1967, c. 148, § 2; Laws 1969, c. 365, § 1, eff. May 13, 1969; Laws 1969, c. 493, § 2, eff. May 21, 1969; Laws 1969, c. 703, § 1, eff. May 25, 1969; Laws 1969, c. 1157, § 1, eff. June 10, 1969; Laws 1971, c. 24, § 26, eff. March 5, 1971; Laws 1973, c. 540, § 4; Laws 1973, c. 717, § 12, eff. Jan. 1, 1974; Laws 1974, c. 536, § 2; Laws 1975, c. 271, § 6; Laws 1975, c. 437, art. 2, § 1, eff. Jan. 1, 1976; Laws 1976, c. 2, § 89; Laws 1976, c. 107, § 1; Laws 1976, c. 149, § 52, eff. July 1, 1976; Laws 1976, c. 163, § 55, eff. July 1, 1976; Laws 1977, c. 400, § 1; Laws 1980, c. 357, § 21; Laws 1980, c. 618, § 8, eff. April 26, 1980; Laws 1983, c. 7, § 3; Laws 1983, c. 10, § 1; Laws 1983, c. 243, § 5, subd. 3, eff. June 2, 1983; Laws 1983, c. 312, art. 5, § 3, eff. June 10, 1983; Laws 1984, c. 654, art. 5, § 21, eff. May 3, 1984; Laws 1984, c. 654, art. 5, § 58; Laws 1985, c. 21, §§ 48, 49; Laws 1985, c. 248, § 70; Laws 1985, 1st Sp., c. 14, art. 9, § 15; Laws 1986, c. 444; Laws 1987, c. 270, § 1; Laws 1987, c. 343, § 1; Laws 1987, c. 403, art. 2, § 60; Laws 1987, c. 403, art. 3, § 2; Laws 1988, c. 689, art. 2, § 121, eff. April 29, 1988; Laws 1988, c. 719, art. 8, § 1; Laws 1989, c. 89, § 5; Laws 1989, c. 209, art. 1, § 22; Laws 1989, c. 282, art. 2, § 111; Laws 1989, c. 282, art. 2, § 112, eff. June 2, 1989; Laws 1990, c. 568, art. 4, § 84; Laws 1991, c. 292, art. 3, § 6; Laws 1991, c. 292, art. 5, §§ 6, 7; Laws 1994, c. 631, § 31; Laws 1995, c. 178, art. 2, §§ 1, 2; Laws 1995, 1st Sp., c. 3, art. 16, § 13, eff. Oct. 1, 1995; Laws 1997, c. 7, art. 2, § 40; Laws 1997, c. 85, art. 4, § 8, eff. July 1, 1997; Laws 1997, c. 85, art 5, § 2, eff. July 1, 1997; Laws 1997, c. 203, art. 5, §§ 4, 5; Laws 1997, c. 225, art. 4, § 1; Laws 1998, c. 406, art. 1, §§ 8, 9, eff. April 21, 1998; Laws 1998, c. 407, art. 4, § 5, eff. April 22, 1998; Laws 1998, c. 407, art. 6, § 7, eff. April 22, 1998; Laws 1998, c. 407, art. 9, §§ 8, 9, eff. April 22, 1998; Laws 1999, c. 159, §§ 33, 34; Laws 1999, c. 205, art. 1, § 48; Laws 1999, c. 216, art. 6, § 7; Laws 1999, c. 245, art. 1, §§ 16, 17; Laws 1999, c. 245, art. 5, § 19; Laws 2000, c. 488, art. 9, §§ 6, 36(a); Laws 2000, c. 488, art. 10, § 2; Laws 2001, c. 178, art. 1, § 2; Laws 2001, 1st Sp., c. 9, art. 2, § 6; Laws 2001, 1st Sp., c. 9, art. 3, § 8; Laws 2001, 1st Sp., c. 9, art. 10, §§ 1, 66; Laws 2002, c. 220, art. 15, § 4, eff. July 1, 2002; Laws 2002, c. 277, § 5; Laws 2002, c. 375, art. 2, §§ 10, 11; Laws 2003, c. 130, § 12; Laws 2003, 1st Sp., c. 14, art. 1, § 106; Laws 2003, 1st Sp., c. 14, art. 12, § 2; Laws 2004, c. 247, § 4; Laws 2004, c. 288, art. 3, § 19; Laws 2004, c. 288, art. 3, § 20, eff. May 29, 2004; Laws 2004, c. 288, art. 6, § 17; Laws 2005, c. 56, § 1; Laws 2005, 1st Sp., c. 4, art. 3, § 8, eff. Aug. 1, 2005; Laws 2005, 1st Sp., c. 4, art. 5, § 12, eff. Aug. 1, 2005; Laws 2005, 1st Sp., c. 4, art. 8, § 5, eff. Aug. 1, 2005; Laws 2005, 1st Sp., c. 4, art. 8, § 6; Laws 2006, c. 282, art. 16, § 5.