HF 3024

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/07/2026 02:40 p.m.

A bill for an act
relating to children; establishing a foster youth bill of rights; proposing coding for new law in Minnesota Statutes, chapter 260C.

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

Section 1.

new text begin [260C.009] FOSTER YOUTH BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative intent. new text end

new text begin (a) It is the intent of the legislature and the purpose
of this section to ensure the right of foster youth to receive a level of care (1) comparable
to nonfoster youth, and (2) higher than the care foster youth would have received if not
placed in foster care, due to the state of Minnesota choosing to intervene in a foster youth's
life.
new text end

new text begin (b) The rights under this section are established for the benefit of children and youth in
foster care and the extended foster care program. The rights granted in this section do not
replace or diminish other rights, liberties, or responsibilities relating to children and youth
in foster care or the extended foster care program, including any rights under this chapter;
chapters 144, 241, 245, 253, and 260; section 363A.02; Minnesota Rules; the Indian Child
Welfare Act; the Minnesota Indian Family Preservation Act; and the African American
Family Preservation and Child Welfare Disproportionality Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
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new text begin (b) "Age appropriate" means the activities, rights, and responsibilities that align with a
foster youth's chronological age and are common to the foster youth's peers.
new text end

new text begin (c) "Appropriate" means in alignment with age and developmental ability of a foster
youth based on the reasonable treatment a foster youth would receive if not placed in the
foster care system.
new text end

new text begin (d) "Belongings" means personal effects or possessions as defined reasonably by the
foster youth.
new text end

new text begin (e) "Chemical restraint" means any psychopharmacologic drug used for discipline or
convenience and that is not required to treat medical symptoms.
new text end

new text begin (f) "Culturally appropriate" means in alignment with practices, resources, or services
that reflect, honor, and celebrate a foster youth's cultural background, including foods,
clothing, personal care products, traditions, values, and social norms.
new text end

new text begin (g) "Developmentally appropriate" means activities, resources, education, or information
suitable for the foster youth's age, cognitive level, and emotional maturity.
new text end

new text begin (h) "Disability" has the meaning given in section 363A.03, subdivision 12.
new text end

new text begin (i) "Discipline" means actions used to correct or deter negative or harmful behaviors.
new text end

new text begin (j) "Discrimination" means the unfair treatment of a person or group of people because
of an actual or perceived difference, including age, race, sex, nationality, sexual orientation,
gender identity, gender expression, religion, or disability.
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new text begin (k) "Excessive medication" means medication administered as a substitute for a behavioral
or therapeutic program, for punishment, for the convenience of any foster parents or care
providers, in quantities that interfere with learning or other social-emotional goals, or beyond
prescribed limits, as determined by a licensed health care professional.
new text end

new text begin (l) "Foster youth" means: (1) a child under 18 years of age who is under the placement
and care responsibility of a responsible social services agency and is placed away from the
child's parents or guardians; or (2) an individual under 21 years of age who is in foster care
pursuant to section 260C.451. Foster youth includes but is not limited to youth in out-of-home
placements pursuant to this chapter or chapter 260B or 260D.
new text end

new text begin (m) "Health care" or "health care services" means medical, dental, vision, and mental
health services, treatments, and procedures.
new text end

new text begin (n) "Maltreatment" has the meaning given in section 260E.03, subdivision 12.
new text end

new text begin (o) "Physical restraint" means any manual method or physical or mechanical device,
material, or equipment attached or adjacent to an individual's body that the individual cannot
remove easily that restricts freedom of movement or normal access to one's body.
new text end

new text begin (p) "Privacy" means freedom from the attention of others, including physical privacy or
verbal confidentiality.
new text end

new text begin (q) "Relative" has the meaning given in section 260C.007, subdivision 27.
new text end

new text begin Subd. 3. new text end

new text begin Rights. new text end

new text begin While in foster care, foster youth have a right to:
new text end

new text begin (1) be free from physical or chemical restraint used for the purposes of discipline or
convenience. Physical or chemical restraints must only be used in the case of immediate
threat to life or bodily harm to the foster youth or others and in accordance with applicable
laws. Any use of physical or chemical restraints must be documented. De-escalation tactics
should be exhausted before the use of physical or chemical restraints is considered and the
least restrictive interventions should be prioritized;
new text end

new text begin (2) be free from law enforcement intervention requested by adult caregivers, unless
requested as a last resort after other diversion and de-escalation tactics have been used, and
when there is an imminent threat to the health or safety of a person or when a crime may
have been committed. Law enforcement intervention or placement disruption must not be
used to threaten, discipline, or retaliate against a foster youth;
new text end

new text begin (3) have appropriate actions taken to keep the foster youth safe and comfortable, if the
foster youth shares any information regarding previous or ongoing maltreatment to the foster
youth's family and permanency team. Appropriate actions include but are not limited to:
new text end

new text begin (i) consideration of accommodations so that the foster youth, while exercising their
rights, does not need to encounter, address, or interact with a person who harmed the foster
youth; and
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new text begin (ii) allowing the foster youth to refuse physical touch or emotional affection, including,
but not limited to, hugs and kisses;
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new text begin (4) age and developmentally appropriate house rules, which may include a curfew, that
are clear, consistent, and explained to the foster youth in a way the foster youth can
understand. If a foster youth is living in a residential treatment facility, licensed residential
family-based substance use disorder treatment program, qualified residential treatment
program, secure detention facility, or shelter care facility as those terms are defined in
section 260C.007, the foster youth must have access to written rules or policies upon entering
the facility or setting and at the foster youth's request;
new text end

new text begin (5) have care for the foster youth's basic needs be of the same or similar quality of others
in the household, with consideration of the foster youth's preferences, and for care for those
basic needs not to be withheld as a form of discipline. In addition to the requirements under
Minnesota Rules, part 2960.3080, basic needs may include the provision of or access to:
new text end

new text begin (i) hygiene and hair care products;
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new text begin (ii) ethnically and culturally appropriate hygiene and hair care that may include tools
and services, oils, bonnets, du rags, lotions, shampoo, conditioner, and body wash;
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new text begin (iii) medications;
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new text begin (iv) menstrual products;
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new text begin (v) privacy;
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new text begin (vi) self-regulation tools;
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new text begin (vii) sentimental belongings; and
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new text begin (viii) religious or spiritual altars, artifacts, books, pieces, or visitations;
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new text begin (6) sufficient food and beverages that promote the foster youth's health and nutrition
and that:
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new text begin (i) are in accordance with the foster youth's religious, spiritual, and cultural observances;
new text end

new text begin (ii) account for the foster youth's allergies and sensitivities, if applicable;
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new text begin (iii) reasonably align with the foster youth's food aversions; and
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new text begin (iv) do not impose a diet or food restrictions to lose or gain weight, unless under the
direction of a health care professional;
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new text begin (7) dress themselves and choose their own clothing;
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new text begin (8) have access to a bedroom where the foster youth is living, whenever it is safe and
appropriate;
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new text begin (9) be provided with appropriate travel bags, not including trash bags or grocery bags,
to pack the foster youth's belongings if the foster youth moves;
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new text begin (10) engage in communication without monitoring, except if a safety concern is
determined. If a safety concern is determined and the foster youth's communication will be
monitored, the monitoring must be documented in the foster youth's out-of-home placement
plan and disclosed to the foster youth. For purposes of this clause, communication may
include, but not be limited to, the use of technology or other personal belongings, such as
writings and artwork;
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new text begin (11) have access to a method of communication that is appropriate for the foster youth's
age and developmental level, which may include a mobile phone;
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new text begin (12) financial services support, which includes but is not limited to:
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new text begin (i) support to open and access the foster youth's own bank account;
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new text begin (ii) assistance with having the foster youth's credit frozen upon entry into foster care at
any age and support in unfreezing and refreezing the foster youth's credit upon the foster
youth's request if the foster youth is 15 years of age or older;
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new text begin (iii) assistance with receiving and understanding the foster youth's yearly credit report,
if applicable; and
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new text begin (iv) if the foster youth's credit is being used fraudulently, the responsible social services
agency taking steps to amend any discrepancies in the foster youth's credit report;
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new text begin (13) be assigned chores or household tasks that are typical for the foster youth's age and
development and that are comparable to those of other children in the home, if applicable;
new text end

new text begin (14) have privacy when changing clothes, bathing, and using the bathroom, if safe and
age and developmentally appropriate;
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new text begin (15) be free from cameras in bedrooms, bathrooms, or any other room or area of the
residence in which the foster youth is expected to bathe or change clothing;
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new text begin (16) be informed that the foster youth may be recorded on camera, if cameras are in use
at the foster youth's residence, and to have their concerns about recording addressed by the
family and permanency team;
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new text begin (17) not be subjected to unreasonable searches of the foster youth's personal belongings,
space, or body. Any search of the foster youth's personal belongings, space, or body must
be based on an articulated and individualized need and must be as minimally invasive as
possible in relation to the need;
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new text begin (18) access health care in a timely manner, that the provider, caseworker, or other
qualified professional explains to the foster youth in a manner that is understandable to the
foster youth;
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new text begin (19) meet with the foster youth's health care providers in private, if age and
developmentally appropriate, or with a trusted adult present if requested by the foster youth
and have the foster youth's concerns addressed;
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new text begin (20) give input into the foster youth's health care, including but not limited to:
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new text begin (i) selecting or changing providers for any reason, as available; and
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new text begin (ii) receiving support in accessing family therapy or refusing family therapy, unless
required by the foster youth's out-of-home placement plan;
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new text begin (21) be free from excessive or unnecessary medication, procedures, or treatments, as
determined by a licensed health care professional;
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new text begin (22) receive support in accessing education and services, as age and developmentally
appropriate, related to consent, healthy relationships, sexual and reproductive health and
safety and personal care, hygiene, and grooming that reflects the foster youth's race, ethnicity,
culture, gender identity, and gender expression;
new text end

new text begin (23) receive support to have consistent and quality contact with relatives, including both
in-person or virtual opportunities, with a preference for in-person visits. A foster youth
should be supported in conducting other communications with relatives, such as letters,
emails, texts, or telephone calls and have contact or visits with relatives only be restricted
in circumstances when the foster youth's family and permanency team has collaborated to
weigh relevant factors including, but not limited to:
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new text begin (i) the foster youth's physical and emotional safety;
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new text begin (ii) input from the foster youth's health care team, if applicable;
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new text begin (iii) input from the foster youth; and
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new text begin (iv) the appropriateness of alternative forms of visits or contact;
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new text begin (24) be told in a personal and confidential manner if the responsible agency is aware
that a foster youth's relative has died or is experiencing life-threatening health issues and,
when practicable, be supported in visiting a person who is experiencing life-threatening
health issues or attending death-related services if someone the foster youth knows has died;
new text end

new text begin (25) have the foster youth's family and permanency team make every effort to support
the foster youth's relationships with all of the foster youth's siblings and relatives, including
adult siblings, whether the siblings are in foster care or not. If the responsible agency has
documented a verifiable safety concern in the foster youth's out-of-home placement plan,
the family and permanency team is not required to comply with this clause. Supportive
efforts include but are not limited to:
new text end

new text begin (i) prioritizing the foster youth's input regarding any sibling and relative relationships.
This may include the frequency and methods of communication, including telephone calls,
letters, or in-person or virtual visits;
new text end

new text begin (ii) supporting frequent contact with the foster youth's siblings, including weekly or
regular face-to-face visits, whenever possible, and weekly virtual contact; and
new text end

new text begin (iii) alternative ways to preserve sibling and relative relationships, if there is a
documented, verifiable safety concern that prevents contact with a sibling or relative;
new text end

new text begin (26) have the foster youth's siblings, if known, including adult siblings and siblings not
in foster care, be notified of their rights as a sibling through materials in a format specified
by the Office of the Foster Youth Ombudsperson;
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new text begin (27) receive support to plan to maintain sibling and relative relationships after the foster
youth exits foster care. Support may include the development of communication and contact
agreements;
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new text begin (28) receive support in seeking and maintaining regular contact with communities that
reflect the foster youth's culture, ethnicity, religion, sexual orientation, gender identity, and
gender expression, with specific attention paid to maintaining the community connections
the foster youth had prior to entering foster care. The foster youth's cultural and community
needs must be documented in the foster youth's out-of-home placement plan;
new text end

new text begin (29) be cared for by people who are trained on understanding and validating the foster
youth's cultural, racial, and ethnic heritage in a trauma-informed manner;
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new text begin (30) receive support to make and cultivate friendships, including with friends made
before the foster youth's time in foster care or while in a previous placement. Support
includes but is not limited to:
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new text begin (i) in-person or virtual opportunities to communicate or visit, with a preference for
in-person visits;
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new text begin (ii) facilitating letters, emails, text messages, or telephone calls; and
new text end

new text begin (iii) not restricting communication with friends, unless due to concerns for the foster
youth's safety or well-being;
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new text begin (31) mutual communication in the foster youth's preferred languages, which may include
Braille or sign language, and receive all necessary and requested translation services and
support for all foster-care-related meetings or materials. If the foster youth's foster parent
or caregiver is unable to communicate in the foster youth's language, the foster youth's
caseworker must provide a plan to meet the foster youth's communication needs;
new text end

new text begin (32) participate or choose not to participate in cultural, religious, and spiritual events
and practices. Participation in cultural, religious, and spiritual events and practices may
include access to spaces and materials to practice the foster youth's religion or spirituality
such as the ability to smudge, light incense, or light candles safely or under appropriate
supervision;
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new text begin (33) privacy regarding the foster youth's sexual orientation and gender identity, and
whenever possible, to protect the foster youth's gender identity or sexual orientation from
disclosure without the foster youth's consent;
new text end

new text begin (34) have support to ensure that the foster youth does not receive a reduction of a grade
or disciplinary action solely due to foster-care-related absences or lateness and be supported
in accessing and identifying recovery options in the foster youth's classes during school
hours, if possible, when these circumstances occur;
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new text begin (35) when possible, not have the foster youth's scheduled activities, including school,
disrupted by foster-care-related meetings and events in accordance with the foster youth's
preferences or if there is a safety need or necessity;
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new text begin (36) have meaningful efforts made by the responsible social services agency to ensure
the oversight and continuity of educational services for the foster youth, including support
to:
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new text begin (i) transfer credits, including partial credits;
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new text begin (ii) maximize credits obtained if the foster youth changes schools; and
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new text begin (iii) enroll in any accelerated and college-level courses and programs the foster youth
is qualified to enroll in, including timely support to prepare for postsecondary education;
new text end

new text begin (37) participate in age and developmentally appropriate activities that align with the
foster youth's preferences and not be excluded from participation in or be denied benefits
of services, programs, or activities due to the foster youth's disability status. Activities under
this clause include but are not limited to social activities, school events, sports, arts
programming, clubs, community activities, cultural customs, other extracurricular activities,
and activities with the foster youth's placement, relatives, and friends;
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new text begin (38) have support in ensuring continuation of activities if the foster youth's foster care
status or related circumstances affect the foster youth's participation or attendance, including
timely transportation that is free of cost to the foster youth;
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new text begin (39) receive contact information for the professionals on the foster youth's family and
permanency team and:
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new text begin (i) be able to privately contact the team when desired;
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new text begin (ii) receive a response that is reasonably prompt; and
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new text begin (iii) have timely, quality, and private visits, including if the foster youth is out of state;
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new text begin (40) have the foster youth's input prioritized in decision making by the foster youth's
family and permanency team, which may include requesting a placement change;
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new text begin (41) receive as much advance notice as possible before a transition to a new placement
and be informed about what the foster youth can expect, including but not limited to
placement location and type, where the foster youth will sleep, if the foster youth will have
roommates, and any changes in the foster youth's life that will result in this placement
change. Foster youth must not be subject to avoidable denial or delay of placement or
services;
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new text begin (42) receive appropriate resources to meet the objectives of the foster youth's independent
living plan, including but not limited to educational and vocational resources and resources
on mental and physical health management, life skills, financial literacy, insurance, and
social and recreational skills;
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new text begin (43) if the foster youth meets eligibility requirements, automatically remain or enroll in
extended foster care unless the foster youth notifies the foster youth's caseworker that the
foster youth does not want extended foster care with a signed form created by the
commissioner of children, youth, and families;
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new text begin (44) as reasonably known by the foster youth's caseworker, be notified by the agency
of all benefits that the foster youth is eligible to receive during the foster youth's time in
foster care at the point when the foster youth is eligible and every six months after and be
supported in accessing the benefits. This includes but is not limited to fostering independence
grants, education training vouchers, Free Application for Federal Student Aid (FAFSA),
fostering youth independence vouchers, medical assistance, and extended foster care;
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new text begin (45) as age appropriate, timely support from the foster youth's caseworker in obtaining
and providing the foster youth's vital records at no cost to the foster youth;
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new text begin (46) maintain employment or professional development opportunities in accordance
with the law and receive support in accessing transportation to and from these opportunities
that is free or low cost to the foster youth;
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new text begin (47) if the foster youth owns a motor vehicle, access the foster youth's motor vehicle in
accordance with the law and for access to only be restricted due to safety or well-being
concerns;
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new text begin (48) support from the agency to enroll in and attend a driver's education class, take a
permit and driver's license test, and obtain car insurance, which may include assistance in
gathering documents, enrolling in, and obtaining support from the agency to access available
financial supports;
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new text begin (49) in accordance with the law, request and receive the foster youth's foster care records
upon discharge from foster care or transition to extended foster care and, if the foster youth
is 13 years of age or older, receive official documentation that shows the foster youth was
in foster care and to request and be notified if the foster youth has any personal effects that
are in the foster youth's file, including pictures, letters, or notes;
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new text begin (50) receive clear and accurate information regarding the foster youth's parental rights
from the foster youth's caseworker and receive support from the foster youth's family and
permanency team in maintaining the foster youth's parental rights;
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new text begin (51) access any resources needed to adequately and safely care for the foster youth's
children, including:
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new text begin (i) affordable child care;
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new text begin (ii) health care appointments and services for the foster youth and the foster youth's
children, including transportation at no cost to the foster youth;
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new text begin (iii) services to support the foster youth's birth plan and postpartum needs, including
resources to ensure these services are free or low cost; and
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new text begin (iv) resources to establish end-of-life planning for the foster youth and the foster youth's
children;
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new text begin (52) determine the foster youth's own birth and parenting plans in collaboration with
the foster youth's birth services provider that are aligned with the foster youth's religious,
spiritual, cultural, racial, and ethnic identities;
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new text begin (53) if possible and safe, support to coparent the foster youth's child, including support
in attending regular visitations and overnights with the foster youth's children in the foster
youth's choice of location in accordance with custody orders and regular contact with the
foster youth's child, including in-person and virtual visits, telephone calls, and letters;
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new text begin (54) not be coerced into terminating the foster youth's parental rights. The foster youth
must not have to choose between staying in the foster youth's placement, receiving services,
or accessing basic needs and maintaining the foster youth's parental rights;
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new text begin (55) be placed with the foster youth's children in a setting that is as family-like as possible;
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new text begin (56) not have the foster youth or the foster youth's children drug tested solely due to the
foster youth's foster care status;
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new text begin (57) receive accessible materials, whether printed or digital, related to the foster youth's
rights from their caseworker upon entering or reentering foster care and at least every six
months thereafter or upon the foster youth's request. Materials under this clause must include:
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new text begin (i) a copy of the bill of rights under this section; and
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new text begin (ii) materials relating to the rights under this section and the Office of the Foster Youth
Ombudsperson in a format specified by the Office of the Foster Youth Ombudsperson;
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new text begin (58) ask for anything the foster youth needs, including things guaranteed by the rights
under this section or under any other law. The foster youth must not be retaliated against
or disciplined for asking for, accessing, reporting, or raising concern about accessing the
rights under this section or any other law. The rights under this section or any other law
must not be violated as discipline or retaliation; and
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new text begin (59) receive intervention and remedy if the foster youth's rights are violated, including
support from the foster youth's family and permanency team to advocate for the foster
youth's rights. If a person violates the foster youth's rights under this section or any other
law, and the caseworker is aware, the caseworker must intervene and remedy the violation
of rights to the extent possible. If the foster youth's caseworker violates the foster youth's
rights, the agency must intervene and remedy the violation of rights to the extent possible.
If the foster youth reports a violation of rights to any member of the foster youth's family
or permanency team, the team member must notify the remaining professional members of
the family and permanency team of the violation.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2026.
new text end