HF 3687

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child placement; reimbursing the cost of 
  1.3             placing an American Indian child in certain 
  1.4             circumstances; amending Minnesota Statutes 1999 
  1.5             Supplement, sections 260.771, subdivision 4; 260B.331, 
  1.6             by adding a subdivision; and 260C.331, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.10  260.771, subdivision 4, is amended to read: 
  1.11     Subd. 4.  [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the 
  1.12  extent that any child subject to sections 260.755 to 260.835 is 
  1.13  otherwise eligible for social services, orders of a tribal court 
  1.14  concerning placement of such child shall have the same force and 
  1.15  effect as orders of a court of this state.  In any case where 
  1.16  the tribal court orders placement through a local social 
  1.17  services agency, the court shall provide to the local agency 
  1.18  notice and an opportunity to be heard regarding the placement, 
  1.19  the costs will be reimbursed by the commissioner of human 
  1.20  services.  Determination of county of financial responsibility 
  1.21  for the placement shall be determined by the local social 
  1.22  services agency in accordance with section 256G.02, subdivision 
  1.23  4.  Disputes concerning the county of financial responsibility 
  1.24  shall be settled in the manner prescribed in section 256G.09.  
  1.25     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.26  260B.331, is amended by adding a subdivision to read: 
  2.1      Subd. 1a.  [PLACEMENT COSTS FOR AMERICAN INDIAN 
  2.2   CHILDREN.] (a) When an American Indian child is placed by a 
  2.3   local social services agency, and that placement is in 
  2.4   compliance with United States Code, title 25, chapter 21, 
  2.5   sections 1903 to 1923, the costs will be reimbursed by the 
  2.6   commissioner of human services. 
  2.7      (b) If the American Indian child is placed as provided by 
  2.8   section 260B.198, subdivision 1, paragraphs (c) and (d), 5, 8, 
  2.9   or 9, and meets the definition of United States Code, title 25, 
  2.10  chapter 21, section 1903, paragraph 4, the costs will be 
  2.11  reimbursed by the commissioner of human services. 
  2.12     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.13  260C.331, is amended by adding a subdivision to read: 
  2.14     Subd. 1b.  [PLACEMENT COSTS FOR AMERICAN INDIAN 
  2.15  CHILDREN.] (a) When an American Indian child is placed by a 
  2.16  local social services agency, and that placement is in 
  2.17  compliance with United States Code, title 25, chapter 21, 
  2.18  sections 1903 to 1923, the costs will be reimbursed by the 
  2.19  commissioner of human services. 
  2.20     (b) If the American Indian child is placed as provided by 
  2.21  section 260B.198, subdivision 1, paragraphs (c) and (d), 5, 8, 
  2.22  or 9, and meets the definition of United States Code, title 25, 
  2.23  chapter 21, section 1903, paragraph 4, the costs will be 
  2.24  reimbursed by the commissioner of human services.