2006 Minnesota Statutes

260B.331 COSTS OF CARE.
    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 shall order, and the local social services agency shall require, the parents or
custodian of a child, while the child is under the age of 18, to use the total 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 shall order, and the local social services agency
shall 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.
(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 shall inquire into the
ability of the parents to support the child and, after giving the parents a reasonable opportunity
to be heard, the court shall order, and the local social services agency shall require, the parents
to contribute to the cost of care, examination, or treatment of the child. Except in delinquency
cases where the victim is a member of the child's immediate family, 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. In delinquency cases where the victim is a member of the child's immediate
family, the court shall use the fee schedule but may also take into account the seriousness of
the offense and any expenses which the parents have incurred as a result of the offense. The
income of a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.
(d) 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.
    Subd. 2. Cost of group foster care. Whenever a child is placed in a group foster care facility
as provided in section 260B.198, subdivision 1, clause (b) or (c), item (5), the cost of providing
the care shall, upon certification by the juvenile court, be paid from the welfare fund of the county
in which the proceedings were held. To reimburse the counties for the costs of providing group
foster care for delinquent children and to promote the establishment of suitable group foster
homes, the state shall quarterly, from funds appropriated for that purpose, reimburse counties 50
percent of the costs not paid by federal and other available state aids and grants. Reimbursement
shall be prorated if the appropriation is insufficient.
The commissioner of corrections shall establish procedures for reimbursement and certify
to the commissioner of finance each county entitled to receive state aid under the provisions of
this subdivision. Upon receipt of a certificate the commissioner of finance shall issue a state
warrant to the county treasurer for the amount due, together with a copy of the certificate prepared
by the commissioner of corrections.
    Subd. 3. Court expenses. The following expenses are a charge upon the county in which
proceedings are held upon certification of the judge of juvenile court or upon such other
authorization provided by law:
(a) The fees and mileage of witnesses, and the expenses and mileage of officers serving
notices and subpoenas ordered by the court, as prescribed by law.
(b) The expense of transporting a child to a place designated by a child-placing agency for
the care of the child if the court transfers legal custody to a child-placing agency.
(c) The expense of transporting a minor to a place designated by the court.
(d) Reasonable compensation for an attorney appointed by the court to serve as counsel,
except in the Eighth Judicial District where the state courts shall pay for counsel to a guardian ad
litem until the recommendations of the task force created in Laws 1999, chapter 216, article 7,
section 42, are implemented.
The state courts shall pay for guardian ad litem expenses.
    Subd. 4. Legal settlement. The county charged with the costs and expenses under
subdivisions 1 and 2 may recover these costs and expenses from the county where the minor has
legal settlement for general assistance purposes by filing verified claims which shall be payable
as are other claims against the county. A detailed statement of the facts upon which the claim is
based shall accompany the claim. If a dispute relating to general assistance settlement arises, the
local social services agency of the county denying legal settlement shall send a detailed statement
of the facts upon which the claim is denied together with a copy of the detailed statement of the
facts upon which the claim is based to the commissioner of human services. The commissioner
shall immediately investigate and determine the question of general assistance settlement and
shall certify findings to the local social services agency of each county. The decision of the
commissioner is final and shall be complied with unless, within 30 days thereafter, action is taken
in district court as provided in section 256.045.
    Subd. 5. Attorneys fees. In proceedings in which the court has appointed counsel pursuant
to section 260B.163, subdivision 4, for a minor unable to employ counsel, the court may inquire
into the ability of the parents to pay for such counsel's services and, after giving the parents a
reasonable opportunity to be heard, may order the parents to pay attorneys fees.
    Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a guardian
ad litem pursuant to section 260B.163, subdivision 6, clause (a), the court may inquire into the
ability of the parents to pay for the guardian ad litem's services and, after giving the parents a
reasonable opportunity to be heard, may order the parents to pay guardian fees.
(b) In each fiscal year, the commissioner of finance shall deposit guardian ad litem
reimbursements in the general fund and credit them to a separate account with the trial courts.
The balance of this account is appropriated to the trial courts and does not cancel but is available
until expended. Expenditures by the state court administrator's office from this account must
be based on the amount of the guardian ad litem reimbursements received by the state from
the courts in each judicial district.
History: 1999 c 139 art 2 s 35; art 4 s 2; 1999 c 216 art 7 s 22,23; 2003 c 112 art 2 s 50;
2005 c 164 s 29; 1Sp 2005 c 7 s 28