Title Minnesota Statutes, Minnesota Statutes

256S.203 CUSTOMIZED LIVING SERVICES; MANAGED CARE RATES. § Subdivision 1.Capitation payments. The commissioner must adjust the elderly waiver capitation payment rates for managed care organizations paid to reflect the monthly service rate limits for customized living services and…

256S.204 ALTERNATIVE RATE SYSTEM FOR 24-HOUR CUSTOMIZED LIVING SERVICES. Notwithstanding the customized living monthly service rate limits under section 256S.202, subdivision 1, the 24-hour customized living monthly service rate limits under section 256S.202, subdivision 2, and t…

256S.205 CUSTOMIZED LIVING SERVICES; DISPROPORTIONATE SHARE RATE ADJUSTMENTS. § Subdivision 1.Definitions. (a) For the purposes of this section, the terms in this subdivision have the meanings given. (b) "Application year" means a year in which a facility submits an application f…

256S.21 RATE SETTING; APPLICATION; EVALUATION. § Subdivision 1.Application of rate setting. The rate methodologies in sections 256S.2101 to 256S.215 apply to: (1) elderly waiver, elderly waiver customized living, and elderly waiver foster care under this chapter; (2) alternative …

256S.2101 RATE SETTING; PHASE-IN. § Subdivision 1.Phase-in for disability waiver customized living rates. All rates and rate components for community access for disability inclusion customized living and brain injury customized living under section 256B.4914 must be the sum of 29…

256S.211 RATE SETTING; UPDATING RATES; SPENDING REQUIREMENTS. § Subdivision 1.Establishing base wages. When establishing and updating the base wages according to section 256S.212, the commissioner shall use standard occupational classification (SOC) codes from the Bureau of Labor…

256S.212 RATE SETTING; BASE WAGE INDEX. § Subdivision 1.Updating SOC codes. If any of the SOC codes and positions used in this section are no longer available, the commissioner shall, in consultation with stakeholders, select a new SOC code and position that is the closest match …

256S.213 RATE SETTING; FACTORS. § Subdivision 1.Payroll taxes and benefits factor. The payroll taxes and benefits factor is the sum of net payroll taxes and benefits, divided by the sum of all salaries for all nursing facilities on the most recent and available cost report. § Sub…

256S.214 RATE SETTING; ADJUSTED BASE WAGE. (a) For the purposes of section 256S.215, the adjusted base wage for each position equals the position's base wage under section 256S.212 plus: (1) the position's base wage multiplied by the payroll taxes and benefits factor under sectio…

256S.215 RATE SETTING; COMPONENT RATES. § Subdivision 1.Medication setups by licensed nurse component rate. The component rate for medication setups by a licensed nurse equals the medication setups by licensed nurse adjusted base wage. § Subd. 2.Home management and support servic…

257.01 RECORDS REQUIRED. Each person or authorized child-placing agency permitted by law to receive children, secure homes for children, or care for children, shall keep a record containing the name, age, former residence, legal status, health records, sex, race, and accumulated …

257.02 SURRENDER OF PARENTAL RIGHTS. No person other than the parents or relatives may assume the permanent care and custody of a child under 14 years of age unless authorized so to do by an order or decree of court. However, if a parent of a child who is being cared for by a rel…

257.025 CUSTODY AND PARENTING TIME DISPUTES. (a) In any custody or parenting time proceeding involving unmarried parents, the court shall consider section 518.175 and evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child. (b)…

257.026 NOTIFICATION OF RESIDENCE WITH CERTAIN CONVICTED PERSONS. A person who is granted or exercises custody of a child or parenting time with a child under this chapter or chapter 518 must notify the child's other parent, if any, the county social services agency, and the cour…

257.03 NOTICE TO COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES. Any person not exempted from the requirement for licensure under chapter 142B receiving a child in the person's home: (1) because of the death, injury, or illness of the child's parent if the person intends to keep t…

257.035 EMERGENCY. A relative who acts to protect a child in an emergency or when a parent dies is not a custodian as defined under section 260C.007. If the relative is unable or unwilling to provide for the ongoing care, custody, and control of the child, the child may be consid…

257.04 INVESTIGATION. Upon receipt of the notice provided for in section 257.03 the commissioner of children, youth, and families or a designated agent of the commissioner shall visit the child and the home and shall continue to visit and supervise the home and the child or take …

257.05 IMPORTATION. § Subdivision 1.Notification and duties of commissioner. No person, except as provided by subdivisions 2 and 3, shall bring or send into the state any child for the purpose of placing the child out or procuring the child's adoption without first obtaining the …

257.06 EXPORTATION. No person except a parent or guardian may take or send a child out of the state for purposes of placing the child in foster care without first obtaining the approval of the commissioner of children, youth, and families. History: (4565) Ex1919 c 51 s 6; 1955 c …

257.065 AUTHORIZED CHILD-PLACING AGENCY DEFINITION. For the purposes of this chapter and chapter 259, "authorized child-placing agency" means the local social service agency under the authority of the local social services agency or human service board, or any agency licensed by …

257.0651 COMPLIANCE WITH INDIAN CHILD WELFARE ACT. Sections 257.03 to 257.0725 and 260C.208 to 260C.215 must be construed consistently with the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963. History: 1993 c 291 s 1; 1999 c 139 art 4 s 2; 1S…

257.066 RULES. By December 31, 1989, the commissioner of children, youth, and families shall revise Minnesota Rules, parts 9545.0750 to 9545.0830, 9560.0010 to 9560.0180, and 9560.0500 to 9560.0670 to ensure that, as conditions of licensure, social services and child-placing agen…

257.0725 ANNUAL REPORT. (a) The commissioner of children, youth, and families shall publish an annual report on child maltreatment and on children in out-of-home placement. The commissioner shall confer with counties, child welfare organizations, child advocacy organizations, the…

257.0755 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS; FUNCTION. § Subdivision 1.Creation. Each ombudsperson shall operate independently from but in collaboration with the community-specific board that appointed the ombudsperson under section 257.0768: the Minnesota Council o…

257.076 DEFINITIONS. § Subdivision 1.Scope. For the purposes of sections 257.0755 to 257.0768, the following terms shall have the meanings given them in this section. § Subd. 2.Agency. "Agency" means the divisions, officials, or employees of the state Departments of Human Service…

257.0761 ORGANIZATION OF OFFICE OF OMBUDSPERSON. § Subdivision 1.Staff; unclassified status; retirement. The ombudsperson for each group specified in section 257.0755 may select, appoint, and compensate out of available funds the assistants and employees as deemed necessary to di…

257.0762 DUTIES AND POWERS. § Subdivision 1.Duties. (a) Each ombudsperson shall monitor agency compliance with all laws governing child protection and placement, as they impact on children of color. In particular, the ombudsperson shall monitor agency compliance with sections 260…

257.0763 MATTERS APPROPRIATE FOR REVIEW. (a) In selecting matters for review, an ombudsperson should give particular attention to actions of an agency, facility, or program that: (1) may be contrary to law or rule; (2) may be unreasonable, unfair, oppressive, or inconsistent with…

257.0764 COMPLAINTS. An ombudsperson may receive a complaint from any source concerning an action of an agency, facility, or program. After completing a review, the ombudsperson shall inform the complainant, agency, facility, or program. Services to a child shall not be unfavorab…

257.0765 RECOMMENDATIONS TO AGENCY. (a) If, after reviewing a complaint or conducting an investigation and considering the response of an agency, facility, or program and any other pertinent material, the ombudsperson determines that the complaint has merit or the investigation r…

257.0766 RECOMMENDATIONS AND PUBLIC REPORTS. § Subdivision 1.Specific reports. An ombudsperson may send conclusions and suggestions concerning any matter reviewed to the governor and shall provide copies of all reports to the advisory board and to the groups specified in section …

257.0767 CIVIL ACTIONS. The ombudsperson and designees are not civilly liable for any action taken under sections 257.0755 to 257.0768 if the action was taken in good faith, was within the scope of the ombudsperson's authority, and did not constitute willful or reckless misconduc…

257.0768 COMMUNITY-SPECIFIC BOARDS. § Subdivision 1.Membership. Three community-specific boards are created. Each board consists of five members. The chair of each of the following groups shall appoint the board for the community represented by the group: the Minnesota Council on…

257.0769 FUNDING FOR THE OMBUDSPERSON PROGRAM. § Subdivision 1.Appropriations. (a) $23,000 from the special account authorized by section 256.01, subdivision 2, paragraph (n), is annually appropriated to the Office of Ombudsperson for American Indian Families for the purpose of s…

257.34 DECLARATION OF PARENTAGE. § Subdivision 1.Acknowledgment by parents. The mother and father of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born may, in a writing signed by both of them before a notar…

257.51 CITATION. Sections 257.51 to 257.74 may be cited as the Parentage Act. History: 1980 c 589 s 1

257.52 PARENT AND CHILD RELATIONSHIP DEFINED. As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges…

257.53 RELATIONSHIP NOT DEPENDENT ON MARRIAGE. The parent and child relationship may exist regardless of the marital status of the parents. History: 1980 c 589 s 3

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED. The parent and child relationship between a child and: (a) the biological mother may be established by proof of her having given birth to the child, or under sections 257.51 to 257.74 or 257.75; (b) the biological father may b…

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE. § Subdivision 1.Mother's right to custody. The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when…

257.55 PRESUMPTION OF PATERNITY. § Subdivision 1.Presumption. A man is presumed to be the biological father of a child if: (a) he and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marri…

257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT. § Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c). A child, the child's biological mother, or a man presumed to be the child's father und…

257.58 LIMITATION OF ACTIONS; EXCEPTIONS. § Subdivision 1.Actions for children without a presumed father. Except as otherwise provided in section 259.52, an action to determine the existence of the father and child relationship as to a child who has no presumed father under secti…

257.59 JURISDICTION; VENUE. § Subdivision 1.Court jurisdiction. The district court has jurisdiction of an action brought under sections 257.51 to 257.74. The action may be joined with an action for dissolution, annulment, legal separation, custody under chapter 518, or reciprocal…

257.60 PARTIES. The child may be made a party to the action. If the child is a minor and is made a party, a general guardian or a guardian ad litem shall be appointed by the court to represent the child. The child's mother or father may not represent the child as guardian or othe…

257.61 PRETRIAL PROCEEDINGS. As soon as practicable, after an action to declare the existence or nonexistence of the father and child relationship has been brought, a pretrial hearing shall be held in accordance with the Rules of Civil Procedure. The public shall be barred from t…