Minnesota Legislature
HF 3615
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/21/2022 02:50pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/21/2022 |
Current Version - as introduced
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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
2020, sections 242.19, subdivision 2; 260B.331, subdivision 1; 260C.219,
subdivision 6; 260C.331, subdivision 1; 518A.43, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, 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 interests,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 2020, 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 shalldeleted text end new text begin maynew text end order, and the local social services agency deleted text begin shalldeleted text end new text begin maynew 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 totaldeleted 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 shalldeleted text end new text begin maynew text end order, and the local social services agency deleted text begin shalldeleted text end new text begin maynew 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 interests. 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 a parent's ability to meet the
child's treatment and rehabilitation needs before the child returns to the parent's 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 shalldeleted text end new text begin maynew text end inquire
into the ability of the parents to deleted text begin support the childdeleted text end new text begin reimburse the county for the cost of care,
examination, or treatmentnew text end and, after giving the parents a reasonable opportunity to be heard,
the court deleted text begin shalldeleted text end new text begin maynew text end order, and the local social services agency deleted text begin shalldeleted text end new text begin maynew 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 alsodeleted 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 offensedeleted text end new text begin 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's feesnew 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 interests. 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 a parent's ability to meet the
child's treatment and rehabilitation needs before the child returns to the parent's 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 the
needs of the family.
new text end
(d)new text begin If the local social services agency determines that requiring reimbursement is in the
child's best interests,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 2020, section 260C.219, subdivision 6, is amended to read:
Subd. 6.
Initial foster care phone call.
(a) When a child enters foster care or moves to
a new foster care placement, the responsible social services agency deleted text begin should attempt todeleted text end new text begin shall:
new text end
new text begin (1)new text end 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 deleted text begin to
deleted text end
new text begin (2)new text end 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.
(b) The responsible social services agency deleted text begin should attempt todeleted text end new text begin shallnew text end coordinate the phone
call in paragraph (a) as soon as practicable after the child arrives at the placement but no
later than deleted text begin 72deleted text end new text begin 48new text end 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. The responsible social services agency is not
required to attempt to coordinate the phone call if placing the phone call poses a danger to
the mental or physical health of the child or foster parent.
(c) The responsible social services agency shall documentnew text begin :new text end the date and time of the phone
call in paragraph (a)deleted text begin ,deleted text end new text begin ;new text end its efforts to coordinate the phone calldeleted text begin ,deleted text end new text begin ;new text end its efforts to identify, locate,
or find availability for the child's parent or legal guardiandeleted text begin ,deleted text end new text begin ;new text end any determination of whether
the phone call is in the child's best interestsdeleted text begin ,deleted text end new text begin ;new text end and any reasons that the phone call did not
occur, including any danger to the child's or foster parent's mental or physical health.
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, 2022.
new text end
Sec. 4.
Minnesota Statutes 2020, 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 shalldeleted text end new text begin maynew text end order, and the responsible social services agency deleted text begin shalldeleted text end new text begin maynew 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
totaldeleted 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 shalldeleted text end new text begin maynew text end order, and the responsible social services agency deleted text begin shalldeleted text end new text begin maynew 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 supportdeleted 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 interests. 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.
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 shalldeleted text end new text begin maynew text end inquire
into the ability of the parents to deleted text begin support the childdeleted text end new text begin reimburse the county for the cost of care,
examination, or treatmentnew text end and, after giving the parents a reasonable opportunity to be heard,
the court deleted text begin shalldeleted text end new text begin maynew text end order, and the responsible social services agency deleted text begin shalldeleted text end new text begin maynew 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 the
needs of the family.
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 2020, 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 571.922deleted 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 child's needs after reunification.
new text end