# Minnesota Department of Children, Youth, and Families *State agency; subject of Minn. Stat. ch. 142A* The Minnesota Department of Children, Youth, and Families is a [[Minnesota]] state agency whose commissioner's powers and duties are set out in section 142A.03 of Minnesota Statutes. The section was created in 2023 by 2023 c 70 art 12 s 15.[^1] It places the department "under the administrative control of the commissioner". The commissioner is appointed by the [[governor]] with the advice and consent of the [[Minnesota Senate]].[^2] The section assigns the commissioner several duties. These include administering public assistance, supervising county agencies, running child welfare activities, and licensing and supervising child care and child-placing agencies.[^3] The commissioner is also responsible for detecting, preventing, investigating and resolving fraud by applicants, recipients and other program participants.[^4] The legislature amended the section's text in each year from 2024 through 2026.[^1] The statute lists six objectives that the commissioner's biennial performance report must include "when possible". That report is due to legislative committee chairs and ranking minority members by January 15 of each even-numbered year.[^5] ## Who - The commissioner holds the general powers provided in section 15.06, subdivision 6.[^2] - The Compensation Council sets the commissioner's salary under section 15A.082. The salary falls in the same range as that of the commissioner of management and budget.[^2] - The statute directs the commissioner to work with the commissioner of human services on public assistance administration "when necessary and feasible". It also directs coordination with that commissioner on activities affecting children overseen by the Department of Human Services, including disability services, behavioral health and substance use disorder treatment.[^3] - The commissioner must cooperate with the commissioner of education on program integrity and fraud prevention for child care assistance under chapter 142E.[^4] - The commissioner must consult with the commissioner of management and budget to create, review and revise grant program performance measures.[^6] - The commissioner may appoint advisory task forces. Task forces expire, and members' terms and removal are governed, as provided in section 15.059.[^7] ## What - The commissioner administers and supervises the forms of public assistance vested in the office. The commissioner may require county agencies to take part in training and technical assistance, and may monitor county performance on an ongoing basis.[^3] - The commissioner may develop a quality control program to review county accuracy in benefit determinations. The commissioner may also delay or deny payment of the state and federal share of benefits and administrative reimbursement under section 142A.10.[^3] - The commissioner administers child welfare activities. These include promoting enforcement of laws preventing child maltreatment, licensing and supervising child care and child-placing agencies, and supervising the care of children in foster care.[^3] - The commissioner serves as designated guardian of children under chapter 260C. The commissioner may contract with licensed child-placing agencies or Minnesota Tribal social services agencies for adoption and permanency services. Such contracts must supplement, not replace, county programs, subject to stated exceptions.[^8] - The commissioner must cooperate with the federal government as needed to qualify for federal aid for temporary assistance for needy families. That cooperation must conform with Title I of Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.[^9] ## When - The commissioner reports to legislative committee chairs and ranking minority members by January 15 of each even-numbered year. Separate reports cover grants and gifts received and progress on program objectives and performance measures.[^5] - The commissioner makes a biennial report to the governor on agency activities on or before January 15 of each even-numbered year.[^9] - County boards' monthly reports are due within 15 working days after the month ends. Quarterly reports are due within 30 calendar days after the quarter ends. The commissioner may shorten the quarterly deadline to 20 calendar days to protect federal compliance or funding.[^4] - A county board that is noncompliant must submit a corrective action plan within 45 days of receiving notice. The final deadline for fiscal reports is one year after the original due date; after that, the county forfeits the associated funding.[^4] - The Revisor's version history shows the following changes:[^1] - 2023: the section created (2023 c 70 art 12 s 15). - 2024: subdivision 2 amended (2024 c 80 art 1 s 2), with new subdivisions added by 2024 c 80 art 1 and 2024 c 127 art 66 s 4. - 2025: subdivisions 1 and 2 amended (2025 c 20 s 105; 2025 c 3 art 11 s 1) and subdivision 35 added (2025 c 3 art 9 s 1). - 2026: subdivision 32 amended (2026 c 88 art 1 s 42) and subdivisions 36 and 37 added (2026 c 92 art 2 s 9; 2026 c 122 s 6). - Subdivisions 7 and 8 are shown as repealed by 2024 c 115 art 12 s 35.[^1] ## Where - The statute directs the commissioner's supervision at county agencies and [[County Board]]s across the state.[^3] - The commissioner may contract with federally recognized Indian Tribes that have a reservation in Minnesota so that a Tribe can operate a federally approved family assistance program. Affected counties are consulted if they wish to be included.[^3] - American Indian child welfare projects cover children "living on the reservation". The statute defines an "American Indian child" as a person under 21 who is a member of, or eligible for membership in, a participating Tribe and who resides on that Tribe's reservation.[^10] - The statute directs the commissioner, in consultation with the White Earth Band, to develop a plan. The plan would transfer legal responsibility for child protective services for White Earth Band member children living in Hennepin County to the Band. The plan goes to the legislative committees with jurisdiction over health and human services.[^10] ## Why The statute lists six objectives for the commissioner's biennial performance report.[^5] Two of them are: - "centering and including the lived experiences of children and youth" - "increasing the effectiveness of the department's programs in addressing the needs of children and youth facing racial, economic, or geographic inequities" The other four objectives address four areas: program coordination, access to child care and early learning, connection to the kindergarten-through-grade-12 and higher education systems, and reducing the effort families must spend to receive services.[^5] The report must identify the objectives, the performance measures, and the current status of achieving them.[^5] Those biennial reports are not among this article's sources. The record shows the objectives as statutory text; it does not establish what status the department has reported against them. ## How - **Grants and contracts.** The commissioner may apply for and accept grants, bequests, gifts and contributions; money received is appropriated for the purpose granted. The commissioner may contract with and make grants to Tribal Nations, public and private agencies, for-profit and nonprofit organizations, and individuals.[^5] - **Subpoenas.** The commissioner may administer oaths, take depositions and issue subpoenas, enforceable through the district court. A subpoena must state that its recipient may not disclose that it was issued or that records were given to law enforcement or the commissioner's agents. Disclosure is allowed only as agreed by the commissioner to locate records, or under court order.[^11] - **Fraud and overpayments.** The commissioner must require county agencies to identify overpayments, establish claims, and use cost-beneficial methods to recover them.[^4] - **Withholding from counties.** If county reports are late, the commissioner may delay payments and withhold funds. Counties so penalized may not reduce benefits or services to clients to cover the resulting costs.[^4] - **Experimental projects.** The commissioner may waive specific statutory program requirements in one or more counties to test methods of administering assistance. No order takes effect until two conditions are met. First, the United States Secretary of Health and Human Services must agree to waive statewide-uniformity requirements. Second, the Legislative Advisory Commission must approve a comprehensive plan.[^8] - **Citizen review panels.** Panels examine whether state and local agencies meet the requirements of the federal [[Child Abuse Prevention and Treatment Act]] and the Reporting of Maltreatment of Minors Act. Membership must include child protection advocates and representatives of the councils of color and ombudsperson for families.[^12] - **Panel access to records.** Panels may obtain police investigative data and autopsy and [[medical examiner]] data for case review. Data a panel acquires are not subject to subpoena or discovery.[^12] ## How much - Recoveries from the commissioner's reimbursement-maximizing projects go into a special account until the balance reaches $1,000,000. Any excess is transferred to the general fund.[^4] - County boards bear one-half of any federal disallowance based on quality control error rates for the former AFDC program or SNAP. Each county's SNAP share is set half by its share of statewide SNAP administrative costs and half by its share of SNAP benefits issued.[^4] - The commissioner may pay a per diem of $35 to consumers and family members on legislatively authorized state-level task forces who do not serve as paid representatives of an organization.[^7] ## How many - The commissioner must establish at least three citizen review panels.[^12] - The performance report lists six objectives.[^5] - No experimental project may exceed four years.[^8] - To qualify for an American Indian child welfare project, a Tribe must meet seven listed conditions. These include having a Tribal court with jurisdiction over child custody proceedings and having a Tribal-state title IV-E agreement in effect.[^10] - The version history lists 26 subdivisions as new in 2024: subdivision 2a under 2024 c 127, and 25 others under 2024 c 80 art 1.[^1] ## See also - [[Minnesota Legislature]] - [[Revisor of Statutes]] - [[Child Abuse Prevention and Treatment Act]] ## Notes [^1]: [[Revisor of Statutes|Office of the Revisor of Statutes]], *Minnesota Statutes 2026, section 142A.03, Recent History* (2026) — establishes the creation of the section by 2023 c 70 art 12 s 15, the 2024–2026 amendments and new subdivisions, and the repeal of subdivisions 7 and 8. https://www.revisor.mn.gov/statutes/cite/142A.03 [^2]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 1* (2026) — establishes the commissioner's administrative control, appointment, general powers and salary. https://www.revisor.mn.gov/statutes/cite/142A.03 [^3]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 2, paragraphs (e)–(g)* (2026) — establishes public assistance administration, county supervision, Tribal contracting and child welfare duties. https://www.revisor.mn.gov/statutes/cite/142A.03 [^4]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 2, paragraphs (m)–(r)* (2026) — establishes disallowance allocation, the recovery account, county reporting deadlines and penalties, and fraud and overpayment duties. https://www.revisor.mn.gov/statutes/cite/142A.03 [^5]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 2, paragraphs (a)–(d)* (2026) — establishes grant authority, the biennial legislative reports and the six stated objectives. https://www.revisor.mn.gov/statutes/cite/142A.03 [^6]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 2a* (2026) — establishes grant consultation with the commissioner of management and budget. https://www.revisor.mn.gov/statutes/cite/142A.03 [^7]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 4* (2026) — establishes advisory task forces and the $35 per diem. https://www.revisor.mn.gov/statutes/cite/142A.03 [^8]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 2, paragraphs (j)–(k)* (2026) — establishes guardianship and contracting for adoption and permanency services, and experimental projects and their conditions. https://www.revisor.mn.gov/statutes/cite/142A.03 [^9]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 2, paragraphs (v)–(w)* (2026) — establishes federal TANF cooperation and the biennial report to the governor. https://www.revisor.mn.gov/statutes/cite/142A.03 [^10]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 9* (2026) — establishes American Indian child welfare projects, the definition of "American Indian child", Tribal qualifications and the White Earth Band plan. https://www.revisor.mn.gov/statutes/cite/142A.03 [^11]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 3* (2026) — establishes subpoena power and the nondisclosure requirement. https://www.revisor.mn.gov/statutes/cite/142A.03 [^12]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, section 142A.03, subdivision 10* (2026) — establishes citizen review panels, their membership, data access and data protections. https://www.revisor.mn.gov/statutes/cite/142A.03