HF 1521

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/01/2023 10:45am

A bill for an act
relating to human services; making technical changes to Northstar Care for Children
assessment rate effective dates, relative search requirements, and termination of
parental rights; making technical corrections to child support provision; amending
Minnesota Statutes 2022, sections 256N.24, subdivision 12; 260C.221, subdivision
1; 260C.317, subdivision 3; 518A.43, subdivision 1b; repealing Minnesota Statutes
2022, sections 256D.63, subdivision 1; 518A.59.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 256N.24, subdivision 12, is amended to read:

Subd. 12.

Approval of initial assessments, special assessments, and reassessments.

(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.

(b) In cases where a special assessment or reassessment for Northstar kinship assistance
and adoption assistance is required under subdivision 8 or 11, the commissioner shall review
and approve the assessment as part of the eligibility determination process outlined in section
256N.22, subdivision 7, for Northstar kinship assistance, or section 256N.23, subdivision
7, for adoption assistance. The assessment determines the maximum of the negotiated
agreement amount under section 256N.25.

(c) The new text begin effective date of the new text end new rate is deleted text begin effective the calendar month that the assessment
is approved, or the effective date of the agreement, whichever is later. deleted text end new text begin determined as follows:
new text end

new text begin (1) for initial assessments of children in foster care, the new rate is effective based on
the emergency foster care rate for initial placement pursuant to section 256N.26, subdivision
6;
new text end

new text begin (2) for special assessments, the new rate is effective the date of the finalized adoption
decree or the date of the court order that transfers permanent legal and physical custody to
a relative;
new text end

new text begin (3) for postpermanency reassessments, the new rate is effective the date that the
commissioner signs the amendment to the Northstar Adoption Assistance or Northstar
Kinship Assistance benefit agreement.
new text end

Sec. 2.

Minnesota Statutes 2022, section 260C.221, subdivision 1, is amended to read:

Subdivision 1.

Relative search requirements.

(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relatives new text begin , as defined in section
260C.007, subdivision 27, new text end and current caregivers of a child's sibling, prior to placement or
within 30 days after the child's removal from the parent, regardless of whether a child is
placed in a relative's home, as required under subdivision 2. The relative search required
by this section shall be comprehensive in scope.

(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in subdivision 5, paragraph (b). The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.

(c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).

Sec. 3.

Minnesota Statutes 2022, section 260C.317, subdivision 3, is amended to read:

Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and the
order terminating parental rights, and a summary of the court's information concerning the
child shall be furnished by the court to the commissioner or the agency to which guardianship
is transferred.

(b) The orders shall be on a document separate from the findings. The court shall furnish
the guardian a copy of the order terminating parental rights.

(c) When the court orders guardianship pursuant to this section, the guardian ad litem
and counsel for the child shall continue on the case until an adoption decree is entered. An
in-court appearance hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family for the child and to
finalize the adoption or other permanency plan. Review of the progress toward adoption of
a child under guardianship of the commissioner of human services shall be conducted
according to section 260C.607.

(d) Upon terminating parental rights or upon a parent's consent to adoption under
deleted text begin Minnesota Statutes 2010, section 260C.201, subdivision 11, or deleted text end section 260C.515, subdivision
deleted text begin 5 deleted text end new text begin 3 new text end , resulting in an order for guardianship to the commissioner of human services, the court
shall retain jurisdiction:

(1) until the child is adopted;

(2) through the child's minority; or

(3) as long as the child continues in or reenters foster care, until the individual becomes
21 years of age according to sections 260C.193, subdivision 6, and 260C.451.

Sec. 4.

Minnesota Statutes 2022, section 518A.43, subdivision 1b, is amended to read:

Subd. 1b.

Increase in income of custodial parent.

In a modification of support under
section 518A.39, the court may deviate from the presumptive child support obligation under
section 518A.34 when the only change in circumstances is an increase to the custodial
parent's income and deleted text begin :
deleted text end

deleted text begin (1) deleted text end the basic support increases deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) deleted text end deleted text begin the parties' combined gross income is $6,000 or less; or
deleted text end

deleted text begin (3) deleted text end deleted text begin the obligor's income is $2,000 or less.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 256D.63, subdivision 1; and 518A.59, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: H1521-1

256D.63 EXPIRATION OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS AND REPORTING REQUIREMENTS.

Subdivision 1.

Expiration of SNAP benefits.

Supplemental Nutrition Assistance Program (SNAP) benefits shall not be stored off line or expunged from a recipient's account unless the benefits have not been accessed for 12 months after the month they were issued.

518A.59 NOTICE OF INTEREST ON LATE CHILD SUPPORT.

Any judgment or decree of dissolution or legal separation containing a requirement of child support and any determination of parentage, order under chapter 518C, order under section 256.87, or order under section 260B.331 or 260C.331 must include a notice to the parties that section 548.091, subdivision 1a, provides for interest to begin accruing on a payment or installment of child support whenever the unpaid amount due is greater than the current support due.