Minnesota Legislature
HF 5021
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 02:06pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/18/2024 |
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17 1.18 1.19 1.20 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4
A bill for an act
relating to human services; eliminating parental fees for out-of-home placements;
amending Minnesota Statutes 2022, sections 252.27, subdivision 2; 260B.331,
subdivision 1; 260C.331, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 252.27, subdivision 2, is amended to read:
Subd. 2.
Parental responsibility.
new text begin (a) new text end Responsibility of the parents for the cost of services
shall be based upon ability to pay. The state agency shall adopt rules to determine
responsibility of the parents for the cost of services when:
(1) insurance or other health care benefits pay some but not all of the cost of services;
and
(2) no insurance or other health care benefits are available.
new text begin
(b) A child's parents or guardians are not responsible for the cost of care for children
under this section and sections 246.511, 251.012, 254B.04, and 256B.14, if the child's
parents or guardians reside in this state.
new text end
Sec. 2.
Minnesota Statutes 2022, section 260B.331, subdivision 1, is amended to read:
Subdivision 1.
Care, examination, or treatment.
(a)(1) Whenever legal custody of a
child is transferred by the court to a local social services agency, or
(2) whenever legal custody is transferred to a person other than the local social services
agency, but under the supervision of the local social services agency, and
(3) whenever a child is given physical or mental examinations or treatment under order
of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.
(b) The court may order, and the local social services agency may require, the parents
or custodian of a child, while the child is under the age of 18, to use income and resources
attributable to the child for the period of care, examination, or treatment, except for clothing
and personal needs allowance as provided in section 256B.35, to reimburse the county for
the cost of care, examination, or treatment. Income and resources attributable to the child
include, but are not limited to, Social Security benefits, Supplemental Security Income
(SSI), veterans benefits, railroad retirement benefits and child support. When the child is
over the age of 18, and continues to receive care, examination, or treatment, the court may
order, and the local social services agency may require, reimbursement from the child for
the cost of care, examination, or treatment from the income and resources attributable to
the child less the clothing and personal needs allowance. The local social services agency
shall determine whether requiring reimbursementdeleted text begin , either through child support or parental
fees,deleted text end for the cost of care, examination, or treatment from income and resources attributable
to the child is in the child's best interests. In determining whether to require reimbursement,
the local social services agency shall consider:
(1) whether requiring reimbursement would compromise a parent's ability to meet the
child's treatment and rehabilitation needs before the child returns to the parent's home;
(2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after the child returns home; and
(3) whether redirecting existing child support payments or changing the representative
payee of social security benefits to the local social services agency would limit the parent's
ability to maintain financial stability for the child upon the child's return home.
(c) If the income and resources attributable to the child are not enough to reimburse the
county for the full cost of the care, examination, or treatment, deleted text begin the court may inquire into
the ability of the parents to reimburse the county for the cost of care, examination, or
treatment and, after giving the parents a reasonable opportunity to be heard,deleted text end the court deleted text begin maydeleted text end new text begin
must notnew text end order, and the local social services agency deleted text begin maydeleted text end new text begin must notnew text end require, the parents to
contribute to the cost of care, examination, or treatment of the child. deleted text begin When determining the
amount to be contributed by the parents, the court shall use a fee schedule based upon ability
to pay that is established by the local social services agency and approved by the
commissioner of human services. The court shall take into account any expenses that the
parents may have incurred as a result of the offense, including but not limited to co-payments
for mental health treatment and attorney fees. The income of a stepparent who has not
adopted a child shall be excluded in calculating the parental contribution under this section.
The local social services agency shall determine whether requiring reimbursement from the
parents, either through child support or parental fees, for the cost of care, examination, or
treatment from income and resources attributable to the child is in the child's best interests.
In determining whether to require reimbursement, the local social services agency shall
consider:
deleted text end
deleted text begin
(1) whether requiring reimbursement would compromise a parent's ability to meet the
child's treatment and rehabilitation needs before the child returns to the parent's home;
deleted text end
deleted text begin
(2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after the child returns home; and
deleted text end
deleted text begin
(3) whether requiring reimbursement would compromise the parent's ability to meet the
needs of the family.
deleted text end
(d) If the local social services agency determines that requiring reimbursement is in the
child's best interests, the court shall order the amount of reimbursement attributable to deleted text begin the
parents or custodian, or attributable todeleted text end the childdeleted text begin , or attributable to both sources,deleted text end withheld
under chapter 518A from the income of the parents or the custodian of the child. A parent
or custodian who fails to pay without good reason may be proceeded against for contempt,
or the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.
(e) If the court orders a physical or mental examination for a child, the examination is
a medically necessary service for purposes of determining whether the service is covered
by a health insurance policy, health maintenance contract, or other health coverage plan.
Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of
coverage, co-payments or deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other medically necessary services.
Sec. 3.
Minnesota Statutes 2022, section 260C.331, subdivision 1, is amended to read:
Subdivision 1.
Care, examination, or treatment.
(a) Except where parental rights are
terminated,
(1) whenever legal custody of a child is transferred by the court to a responsible social
services agency,
(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or
(3) whenever a child is given physical or mental examinations or treatment under order
of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.
(b) The court may order, and the responsible social services agency may require, the
parents or custodian of a child, while the child is under the age of 18, to use income and
resources attributable to the child for the period of care, examination, or treatment, except
for clothing and personal needs allowance as provided in section 256B.35, to reimburse the
county for the cost of care, examination, or treatment. Income and resources attributable to
the child include, but are not limited to, Social Security benefits, Supplemental Security
Income (SSI), veterans benefits, railroad retirement benefits and child support. When the
child is over the age of 18, and continues to receive care, examination, or treatment, the
court may order, and the responsible social services agency may require, reimbursement
from the child for the cost of care, examination, or treatment from the income and resources
attributable to the child less the clothing and personal needs allowance. Income does not
include earnings from a child over the age of 18 who is working as part of a plan under
section 260C.212, subdivision 1, paragraph (c), clause (12), to transition from foster care,
or the income and resources that are needed to complete the requirements listed in section
260C.203. The responsible social services agency shall determine whether requiring
reimbursementdeleted text begin , either through child support or parental fees,deleted text end for the cost of care, examination,
or treatment from the parents or custodian of a child is in the child's best interests. In
determining whether to require reimbursement, the responsible social services agency shall
consider:
(1) whether requiring reimbursement would compromise the parent's ability to meet the
requirements of the reunification plan;
(2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after reunification; and
(3) whether redirecting existing child support payments or changing the representative
payee of social security benefits to the responsible social services agency would limit the
parent's ability to maintain financial stability for the child.
(c) If the income and resources attributable to the child are not enough to reimburse the
county for the full cost of the care, examination, or treatment, deleted text begin the court may inquire into
the ability of the parents to reimburse the county for the cost of care, examination, or
treatment and, after giving the parents a reasonable opportunity to be heard,deleted text end the court deleted text begin maydeleted text end new text begin
must notnew text end order, and the responsible social services agency deleted text begin maydeleted text end new text begin must notnew text end require, the parents
to contribute to the cost of care, examination, or treatment of the child. deleted text begin When determining
the amount to be contributed by the parents, the court shall use a fee schedule based upon
ability to pay that is established by the responsible social services agency and approved by
the commissioner of human services. The income of a stepparent who has not adopted a
child shall be excluded in calculating the parental contribution under this section. In
determining whether to require reimbursement, the responsible social services agency shall
consider:
deleted text end
deleted text begin
(1) whether requiring reimbursement would compromise the parent's ability to meet the
requirements of the reunification plan;
deleted text end
deleted text begin
(2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after reunification; and
deleted text end
deleted text begin
(3) whether requiring reimbursement would compromise the parent's ability to meet the
needs of the family.
deleted text end
(d) If the responsible social services agency determines that reimbursement is in the
child's best interests, the court shall order the amount of reimbursement attributable to deleted text begin the
parents or custodian, or attributable todeleted text end the childdeleted text begin , or attributable to both sources,deleted text end withheld
under chapter 518A from the income of the parents or the custodian of the child. A parent
or custodian who fails to pay without good reason may be proceeded against for contempt,
or the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.
(e) If the court orders a physical or mental examination for a child, the examination is
a medically necessary service for purposes of determining whether the service is covered
by a health insurance policy, health maintenance contract, or other health coverage plan.
Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of
coverage, co-payments or deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other medically necessary services.
(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the
child is not required to use income and resources attributable to the child to reimburse the
county for costs of care and is not required to contribute to the cost of care of the child
during any period of time when the child is returned to the home of that parent, custodian,
or guardian pursuant to a trial home visit under section 260C.201, subdivision 1, paragraph
(a).