HF 3276

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/04/2020 04:28pm

A bill for an act
relating to child welfare; modifying provisions governing out-of-home placement
cost of care, examination, and treatment; requiring an initial phone call between
the foster parent and child's parent or legal guardian; amending Minnesota Statutes
2018, sections 242.19, subdivision 2; 260B.331, subdivision 1; 260C.219;
260C.331, subdivision 1; 518A.43, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 242.19, subdivision 2, is amended to read:

Subd. 2.

Dispositions.

When a child has been committed to the commissioner of
corrections by a juvenile court, upon a finding of delinquency, the commissioner may for
the purposes of treatment and rehabilitation:

(1) order the child's confinement to the Minnesota Correctional Facility-Red Wing,
which shall accept the child, or to a group foster home under the control of the commissioner
of corrections, or to private facilities or facilities established by law or incorporated under
the laws of this state that may care for delinquent children;

(2) order the child's release on parole under such supervisions and conditions as the
commissioner believes conducive to law-abiding conduct, treatment and rehabilitation;

(3) order reconfinement or renewed parole as often as the commissioner believes to be
desirable;

(4) revoke or modify any order, except an order of discharge, as often as the commissioner
believes to be desirable;

(5) discharge the child when the commissioner is satisfied that the child has been
rehabilitated and that such discharge is consistent with the protection of the public;

(6) if the commissioner finds that the child is eligible for probation or parole and it
appears from the commissioner's investigation that conditions in the child's or the guardian's
home are not conducive to the child's treatment, rehabilitation, or law-abiding conduct, refer
the child, together with the commissioner's findings, to a local social services agency or a
licensed child-placing agency for placement in a foster care or, when appropriate, for
initiation of child in need of protection or services proceedings as provided in sections
260C.001 to 260C.421. The commissioner of corrections shall reimburse local social services
agencies for foster care costs they incur for the child while on probation or parole to the
extent that funds for this purpose are made available to the commissioner by the legislature.
The juvenile court shall order the parents of a child on probation or parole to pay the costs
of foster care under section 260B.331, subdivision 1, new text begin if the local social services agency has
determined that requiring reimbursement is in the child's best interest, new text end according to their
ability to pay, and to the extent that the commissioner of corrections has not reimbursed the
local social services agency.

Sec. 2.

Minnesota Statutes 2018, 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 deleted text begin shall deleted text end new text begin may new text end order, and the local social services agency deleted text begin shall deleted text end new text begin may new text end require,
the parents or custodian of a child, while the child is under the age of 18, to use deleted text begin the total deleted text end
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 deleted text begin shall deleted text end new text begin may new text end order, and the local social services agency deleted text begin shall deleted text end new text begin may new text end 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. new text begin The
local social services agency shall determine whether requiring reimbursement, 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 interest. In determining whether
to require reimbursement, the local social services agency shall consider:
new text end

new text begin (1) whether requiring reimbursement would compromise the parent's ability to meet the
child's treatment and rehabilitation needs prior to the child's return home;
new text end

new text begin (2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after the child returns home; and
new text end

new text begin (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.
new text end

(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, the court deleted text begin shall deleted text end new text begin may new text end inquire
into the ability of the parents to deleted text begin support the child deleted text end new text begin reimburse the county for the cost of care,
examination, or treatment new text end and, after giving the parents a reasonable opportunity to be heard,
the court deleted text begin shall deleted text end new text begin may new text end order, and the local social services agency deleted text begin shall deleted text end new text begin may new text end require, the parents
to contribute to the cost of care, examination, or treatment of the child. deleted text begin Except in delinquency
cases where the victim is a member of the child's immediate family, deleted text end 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. deleted text begin In delinquency cases where the victim is a member of the
child's immediate family, deleted text end The court shall deleted text begin use the fee schedule but may also deleted text end take into account
deleted text begin the seriousness of the offense and any expenses which the parents have incurred as a result
of the offense deleted text end new text begin any expenses the parents may have incurred as a result of the offense, including
but not limited to co-payments for mental health treatment and attorney's fees new text end . The income
of a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section. new text begin 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 interest. In determining whether to require reimbursement, the
local social services agency shall consider:
new text end

new text begin (1) whether requiring reimbursement would compromise the parent's ability to meet the
child's treatment and rehabilitation needs prior to the child's return home;
new text end

new text begin (2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after the child returns home; and
new text end

new text begin (3) whether requiring reimbursement would compromise the parent's ability to meet his
or her family's needs.
new text end

(d) new text begin If the local social services agency determines that requiring reimbursement is in the
child's best interest, new text end the court shall order the amount of reimbursement attributable to the
parents or custodian, or attributable to the child, or attributable to both sources, 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 2018, section 260C.219, is amended to read:

260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

new text begin Subdivision 1. new text end

new text begin Responsibilities for parents; noncustodial parents. new text end

(a) When a child
is in foster care, the responsible social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents of the child.

deleted text begin (1) deleted text end new text begin (b) new text end The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this deleted text begin clause deleted text end new text begin paragraph new text end may include,
but is not limited to, obtaining information under section 260C.209. If after assessment, the
responsible social services agency determines that a noncustodial or nonadjudicated parent
is willing and capable of providing day-to-day care of the child, the responsible social
services agency may seek authority from the custodial parent or the court to have that parent
assume day-to-day care of the child. If a parent is not an adjudicated parent, the responsible
social services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

deleted text begin (2) deleted text end new text begin (c) new text end If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:

deleted text begin (i) deleted text end new text begin (1) new text end prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

deleted text begin (ii) deleted text end new text begin (2) new text end provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the agency
to determine that the parent is incapable of providing day-to-day care of the child unless
the agency reasonably believes that placement of the child into the home of that parent
would endanger the child's health, safety, or welfare.

deleted text begin (3) deleted text end new text begin (d) new text end If, after the provision of services following an out-of-home placement plan under
this deleted text begin section deleted text end new text begin subdivision new text end , the child cannot return to the care of the parent from whom the
child was removed or who had legal custody at the time the child was placed in foster care,
the agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.515, subdivision 4. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for under
chapter 257.

deleted text begin (4) deleted text end new text begin (e) new text end The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.

new text begin Subd. 2. new text end

new text begin Notice to parent or guardian. new text end

deleted text begin (b) deleted text end The responsible social services agency shall
give notice to the parent or guardian of each child in foster care, other than a child in
voluntary foster care for treatment under chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

new text begin Subd. 3. new text end

new text begin Information for a parent considering voluntary placement. new text end

deleted text begin (c) deleted text end The
responsible social services agency shall inform a parent considering voluntary placement
of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

new text begin Subd. 4. new text end

new text begin Medical examinations. new text end

deleted text begin (d) deleted text end When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical examination by or under the
direction of a licensed physician within the 12 months immediately preceding the date when
the child came into the agency's care. If there is documentation that the child has had an
examination within the last 12 months, the agency is responsible for seeing that the child
has another physical examination within one year of the documented examination and
annually in subsequent years. If the agency determines that the child has not had a physical
examination within the 12 months immediately preceding placement, the agency shall ensure
that the child has an examination within 30 days of coming into the agency's care and once
a year in subsequent years.

new text begin Subd. 5. new text end

new text begin Children reaching age of majority; copies of records. new text end

deleted text begin (e) deleted text end Whether under
state guardianship or not, if a child leaves foster care by reason of having attained the age
of majority under state law, the child must be given at no cost a copy of the child's social
and medical history, as defined in section 259.43, and education report.

new text begin Subd. 6. new text end

new text begin Initial foster care phone call. new text end

new text begin (a) When a child enters foster care or moves to
a new foster care placement, the responsible social services agency shall:
new text end

new text begin (1) coordinate a phone call between the foster parent or facility and the child's parent or
legal guardian to establish a connection and encourage ongoing information sharing between
the child's parent or legal guardian and the foster parent or facility; and
new text end

new text begin (2) provide an opportunity to share any information regarding the child, the child's needs,
or the child's care that would facilitate the child's adjustment to the foster home, promote
stability, reduce the risk of trauma, or otherwise improve the quality of the child's care.
new text end

new text begin (b) The responsible social services agency shall coordinate the phone call in paragraph
(a) as soon as practicable after the child arrives at the placement but no later than 48 hours
after the child's placement. If the responsible social services agency determines that the
phone call is not in the child's best interests, or if the agency is unable to identify, locate,
or contact the child's parent or legal guardian despite reasonable efforts, or despite active
efforts if the child is an American Indian child, the agency may delay the phone call until
up to 48 hours after the agency determines that the phone call is in the child's best interests,
or up to 48 hours after the child's parent or legal guardian is located or becomes available
for the phone call.
new text end

new text begin (c) The responsible social services agency shall document: the date and time of the phone
call in paragraph (a); its efforts to coordinate the phone call; its efforts to identify, locate,
or find availability for the child's parent or legal guardian; any determination of whether
the phone call is in the child's best interests; and any reasons that the phone call did not
occur.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for children entering out-of-home
placement or moving between placements on or after November 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, 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 deleted text begin shall deleted text end new text begin may new text end order, and the responsible social services agency deleted text begin shall deleted text end new text begin may new text end
require, the parents or custodian of a child, while the child is under the age of 18, to use deleted text begin the
total deleted text end 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 deleted text begin shall deleted text end new text begin may new text end order, and the responsible social services agency deleted text begin shall deleted text end new text begin may new text end 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 deleted text begin from sources other than Supplemental Security Income
and child support deleted text end that are needed to complete the requirements listed in section 260C.203. new text begin
The responsible social services agency shall determine whether requiring reimbursement,
either through child support or parental fees, for the cost of care, examination, or treatment
from the parents or custodian of a child is in the child's best interest. In determining whether
to require reimbursement, the responsible social services agency shall consider:
new text end

new text begin (1) whether requiring reimbursement would compromise the parent's ability to meet the
requirements of the reunification plan;
new text end

new text begin (2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after reunification; and
new text end

new text begin (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 when reunification is sought.
new text end

(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, the court deleted text begin shall deleted text end new text begin may new text end inquire
into the ability of the parents to deleted text begin support the child deleted text end new text begin reimburse the county for the cost of care,
examination, or treatment new text end and, after giving the parents a reasonable opportunity to be heard,
the court deleted text begin shall deleted text end new text begin may new text end order, and the responsible social services agency deleted text begin shall deleted text end new text begin may new text end require, the
parents to contribute to the cost of care, examination, or treatment of the child. 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. new text begin
In determining whether to require reimbursement, the responsible social services agency
shall consider:
new text end

new text begin (1) whether requiring reimbursement would compromise the parent's ability to meet the
requirements of the reunification plan;
new text end

new text begin (2) whether requiring reimbursement would compromise the parent's ability to meet the
child's needs after reunification; and
new text end

new text begin (3) whether requiring reimbursement would compromise the parent's ability to meet his
or her family's needs.
new text end

(d) new text begin If the responsible social services agency determines that reimbursement is in the
child's best interest, new text end the court shall order the amount of reimbursement attributable to the
parents or custodian, or attributable to the child, or attributable to both sources, 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).

Sec. 5.

Minnesota Statutes 2018, section 518A.43, subdivision 1, is amended to read:

Subdivision 1.

General factors.

Among other reasons, deviation from the presumptive
child support obligation computed under section 518A.34 is intended to encourage prompt
and regular payments of child support and to prevent either parent or the joint children from
living in poverty. In addition to the child support guidelines and other factors used to calculate
the child support obligation under section 518A.34, the court must take into consideration
the following factors in setting or modifying child support or in determining whether to
deviate upward or downward from the presumptive child support obligation:

(1) all earnings, income, circumstances, and resources of each parent, including real and
personal property, but excluding income from excess employment of the obligor or obligee
that meets the criteria of section 518A.29, paragraph (b);

(2) the extraordinary financial needs and resources, physical and emotional condition,
and educational needs of the child to be supported;

(3) the standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;

(4) whether the child resides in a foreign country for more than one year that has a
substantially higher or lower cost of living than this country;

(5) which parent receives the income taxation dependency exemption and the financial
benefit the parent receives from it;

(6) the parents' debts as provided in subdivision 2; deleted text begin and
deleted text end

(7) the obligor's total payments for court-ordered child support exceed the limitations
set forth in section 571.922 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) in cases involving court-ordered out-of-home placement, whether ordering and
redirecting a child support obligation to reimburse the county for the cost of care,
examination, or treatment would compromise the parent's ability to meet the requirements
of a reunification plan or the parent's ability to meet the needs of the child after reunification.
new text end

Sec. 6. new text begin DIRECTION TO COMMISSIONER; INITIAL FOSTER CARE PHONE
CALL TRAINING.
new text end

new text begin By August 1, 2020, the commissioner of human services shall issue written guidance to
county social services agencies, foster parents, and facilities to fully implement the initial
foster care phone call procedures in Minnesota Statutes, section 260C.219, subdivision 6.
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