What is the remedies process with the Performance Management system?

The remedies process, as outlined in Minn. Stat. Sec. 402A.18, is the method for identifying opportunities for counties and Service Delivery Authorities (SDA) to improve their performance while also providing them support for their improvement efforts. It includes:

• Performance Improvement Plans (PIPs)
• Technical assistance
• Possible fiscal penalties
• Possible transfer of responsibility to another county/SDA, Department of Children, Youth, and Families (DCYF), or the Department of Human Services (DHS)

The remedies process begins when the Performance Management system notifies a county or SDA that it has not met a threshold for a particular measure. Agencies who do not meet a threshold are then required to develop and submit a PIP. DCYF and DHS will provide technical assistance to help counties/SDAs with their PIPs and to improve their performance. Technical assistance will also be provided at other times to support continuous improvement efforts.

Counties or SDAs that experience some extraordinary unforeseen event which they believe prevented them from meeting a threshold may file a claim for extenuating circumstances. If the claim is granted, the county/SDA will not have to develop a PIP.

A PIP is valid for two years or until the threshold is met, whichever comes first. PIPs may be continued beyond that time if counties/SDAs have not met the threshold but have met the performance targets outlined in the PIP. If an agency consistently fails to meet both the threshold and the PIP performance targets, the DCYF or DHS commissioner will evaluate the county/SDA to determine if fiscal penalties should be applied. Pursuant to Minn. Stat. Sec. 402A.18, after fiscal penalties are applied there is still no improvement in county/SDA performance, responsibility for the services to which the PIP applies may be given to another county, DCYF, or DHS.

Remedies Process Overview

• DCYF determines if county/SDA does not meet minimum threshold for each measure.
• DCYF notifies county/SDA that threshold was not met.
• Performance management team contacts county/SDA to provide an overview of the process and offers technical assistance.
• If a measure’s threshold was not met, the county/SDA prepares and implements a Performance Improvement Plan (PIP) or files a claim for extenuating circumstance.
• Claims for extenuating circumstance must be filed within 15 days.
• Requests for PIP development assistance must be submitted within 30 days.
• PIPs must be submitted within 60 days of notification.
• Performance management team contacts county/SDA periodically to monitor progress and offer technical assistance.
• The county/SDA is given up to two years to improve.
• If the threshold is met during the two-year period, the remedies process ends immediately.
• At the end of two years, DCYF determines if enough progress was made to avoid fiscal penalties.
• If sufficient progress is made but the minimum threshold has still not been met, the county/SDA continues with the PIP without fiscal penalties.
• If the county/SDA has neither met the threshold nor made sufficient progress, it must modify the PIP.
• The county/SDA collaborates with DCYF to monitor improvements.
• The county/SDA is given an additional year to show improvement.
• At the end of the additional year, DCYF determines if sufficient progress was made to avoid further remedies.
• If there is insufficient progress, fiscal penalties may be applied (and reinvested in the struggling program) or technical assistance that is targeted to address the specific performance issues may be provided to the county or service delivery authority.
• If there is continued lack of improvement DCYF may apply more stringent remedies.
• DCYF determines whether to reassign services to another county, SDA, tribe, DCYF or DHS.