1.1                          A bill for an act 
  1.2             relating to human services; changing provisions for 
  1.3             relative custody assistance payment and adoption 
  1.4             assistance; requiring equalization of 
  1.5             difficulty-of-care rates; amending Minnesota Statutes 
  1.6             2000, sections 257.85, by adding a subdivision; 
  1.7             259.67, subdivision 4; repealing Minnesota Rules, part 
  1.8             9560.0082, subpart 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 257.85, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 7a.  [REIMBURSEMENT OF DAY CARE AND RESPITE 
  1.13  CARE.] Relative custody assistance payment is available for the 
  1.14  cost of day care and respite care for a child with documented 
  1.15  special needs and who meets the eligibility criteria under 
  1.16  subdivision 6.  Payment for nonmedical services, items, or 
  1.17  equipment under this subdivision is limited to: 
  1.18     (1) child care during the relative custodian's employment, 
  1.19  training, or education hours if the child requires a caregiver 
  1.20  trained to meet the child's special needs.  The amount of 
  1.21  payment for child care is limited to: 
  1.22     (i) the amount the local social service agency would pay 
  1.23  for a trained caregiver in the home or in a licensed day care 
  1.24  facility; or 
  1.25     (ii) the amount the relative custodian would pay under the 
  1.26  child care sliding fee program under section 119B.03; and 
  1.27     (2) respite care provided in or out of the relative 
  2.1   custodian's family residence for the relief of the relative 
  2.2   custodian's family.  Payment is limited to payment for 504 hours 
  2.3   of respite care annually.  If respite care is provided by the 
  2.4   local social service agency, that amount of time is subtracted 
  2.5   from the 504-hour annual total.  Payment shall be no more than 
  2.6   the respite care rate paid by the local social service agency. 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 259.67, 
  2.8   subdivision 4, is amended to read: 
  2.9      Subd. 4.  [ELIGIBILITY CONDITIONS.] (a) The placing agency 
  2.10  shall use the AFDC requirements as specified in federal law as 
  2.11  of July 16, 1996, when determining the child's eligibility for 
  2.12  adoption assistance under title IV-E of the Social Security 
  2.13  Act.  If the child does not qualify, the placing agency shall 
  2.14  certify a child as eligible for state funded adoption assistance 
  2.15  only if the following criteria are met:  
  2.16     (1) Due to the child's characteristics or circumstances it 
  2.17  would be difficult to provide the child an adoptive home without 
  2.18  adoption assistance.  
  2.19     (2)(i) A placement agency has made reasonable efforts to 
  2.20  place the child for adoption without adoption assistance, but 
  2.21  has been unsuccessful; or 
  2.22     (ii) the child's licensed foster parents desire to adopt 
  2.23  the child and it is determined by the placing agency that the 
  2.24  adoption is in the best interest of the child. 
  2.25     (3) The child has been a ward of the commissioner or a 
  2.26  Minnesota-licensed child-placing agency.  
  2.27     (b) For purposes of this subdivision, the characteristics 
  2.28  or circumstances that may be considered in determining whether a 
  2.29  child is a child with special needs under United States Code, 
  2.30  title 42, chapter 7, subchapter IV, part E, or meets the 
  2.31  requirements of paragraph (a), clause (1), are the following: 
  2.32     (1) The child is a member of a sibling group to be placed 
  2.33  as one unit in which at least one sibling is older than 15 
  2.34  months of age or is described in clause (2) or (3). 
  2.35     (2) The child has documented physical, mental, emotional, 
  2.36  or behavioral disabilities. 
  3.1      (3) The child has a high risk of developing physical, 
  3.2   mental, emotional, or behavioral disabilities. 
  3.3      (c) When a child's eligibility for adoption assistance is 
  3.4   based upon the high risk of developing physical, mental, 
  3.5   emotional, or behavioral disabilities, payments shall not be 
  3.6   made under the adoption assistance agreement unless and until 
  3.7   the potential disability manifests itself as documented by an 
  3.8   appropriate health care professional. 
  3.9      (d) Adoption assistance is available when an adoptive 
  3.10  placement from foster care is first made. 
  3.11     Sec. 3.  [EQUALIZING DIFFICULTY-OF-CARE RATES.] 
  3.12     The commissioner of human services shall equalize the 
  3.13  difficulty-of-care rates for foster care assistance, relative 
  3.14  custody assistance, and supplemental adoption assistance by 
  3.15  October 1, 2001. 
  3.16     Sec. 4.  [REPEALER.] 
  3.17     Minnesota Rules, part 9560.0082, subpart 3, is repealed.