HF 3024

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/01/2025 11:25 a.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 foster youth have the right to receive at least the level of care in
which their nonfoster youth peers receive, and a higher level of care than the care they
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 under this section do not replace
or diminish other rights, liberties, and responsibilities that may exist regarding children and
youth in foster care or the extended foster care program, including any rights under 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.
new text end

new text begin (b) "Abuse" has the meaning given in section 260C.007, subdivision 5. For the purposes
of this section, abuse also includes name calling, derogatory statements about the foster
youth or the foster youth's family, insults, harassment, threats, shaming, humiliation, and
hate speech.
new text end

new text begin (c) "Age appropriate" means the activities, rights, and responsibilities that align with a
foster youth's chronological age and are common to their peers.
new text end

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

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

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

new text begin (g) "Clean" means a space that is free from accumulations of dirt, grease, garbage, peeling
paint, vermin, and insects. The area must also be free from animal feces and urine on carpets,
floors, or furniture. The conditions must not have a direct impact on the health and safety
of the foster youth.
new text end

new text begin (h) "Consent" means words or overt actions by a person indicating a freely given present
agreement. Consent does not mean the existence of a prior or current social relationship
between the actor and the complainant or that the complainant failed to resist a particular
act.
new text end

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

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

new text begin (l) "Discipline" means actions utilized to correct or deter negative or harmful behaviors.
Discipline must be aimed at fostering positive behavior, including teaching and modeling
skills to achieve those behaviors. Discipline must be constructive and supportive, and free
from physical punishment, confinement, restraint, or withholding of basic needs.
new text end

new text begin (m) "Discrimination" means the unfair treatment of a person or group of people differently
from other people, often because of age, race, sex, nationality, sexual orientation, gender
identity, gender expression, religion, or disability.
new text end

new text begin (n) "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 that
goes beyond prescribed limits, as determined by a licensed health care professional.
new text end

new text begin (o) "Foster youth" means an individual under 18 years of age and who is in foster care
as defined under section 260C.007, subdivision 18, or 260D.02, subdivision 10. For the
purposes of this section, foster youth also includes individuals under age 21 who are in
foster care pursuant to section 260C.451.
new text end

new text begin (p) "Group punishment" means collective punishment, given to one or more foster youth
regardless of whether their individual behavior warranted the punishment, except for the
imposition of restrictions on the foster youth's peer group as part of a recognized treatment
program.
new text end

new text begin (q) "Harassment" means words, behaviors, or actions that cause the person it is directed
at to feel scared, annoyed, or emotionally upset.
new text end

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

new text begin (s) "Medically prescribed diet" means a diet specifically recommended by a medical
professional to support a foster youth's health, which must be respected and adhered to in
all care settings.
new text end

new text begin (t) "Neglect" means the denial or omission of physical, emotional, mental, and
psychological needs when considering factors such as the child's age and physical and
mental ability. This can include the denial or omission of the rights enumerated in this
section.
new text end

new text begin (u) "Physical discipline" means physical harm acted upon a foster youth to punish or
correct the foster youth's behavior.
new text end

new text begin (v) "Physical restraint" means any manual method or physical or mechanical device,
material, or equipment attached or adjacent to someone's body that the individual cannot
remove easily which restricts freedom of movement or normal access to one's body.
Restraints should only be used for a small amount of time and used in the least restrictive
way possible.
new text end

new text begin (w) "Privacy" means to be free from the attention of others. This may include physical
privacy or verbal confidentiality.
new text end

new text begin (x) "Safety" means free from physical, mental, or emotional harm or potential harm.
new text end

new text begin (y) "Seclusion" has the meaning given in section 245.8261, subdivision 3j.
new text end

new text begin (z) "Sexualization" means treating someone as an object of sexual desire. This may
include but is not limited to sexual comments, gestures, body language, or difference in
treatment from others based on sexual reasonings.
new text end

new text begin (aa) "Sibling" means any individual who shares at least one biological or adoptive parent
with the foster youth or any individual that the child considers a sibling and has previously
lived with the child, regardless of whether a biological or legal relationship exists between
the foster youth and sibling.
new text end

new text begin (bb) "Trafficking" means labor trafficking as defined in section 609.281, subdivision 5,
and sex trafficking as defined in section 609.321, subdivision 7a.
new text end

new text begin Subd. 3. new text end

new text begin Physical and emotional safety. new text end

new text begin While in foster care, foster youth have a right
to be safe. This includes a foster youth's right to:
new text end

new text begin (1) appropriate discipline and caregiving that considers the foster youth's unique history
and needs. This includes the right to be free from all physical discipline;
new text end

new text begin (2) be free from physical, verbal, and sexual abuse, including exploitation and trafficking;
new text end

new text begin (3) the rights, protections, and services under section 260C.212, subdivision 13, and
Minnesota Rules, part 2960.3080;
new text end

new text begin (4) be free from group punishment;
new text end

new text begin (5) be free from seclusion, in accordance with the laws and policies governing secure
facilities;
new text end

new text begin (6) be free from physical or chemical restraint used for the purposes of discipline or
convenience. De-escalation tactics should be exhausted before these are considered, and
the least restrictive interventions should be prioritized. Any physical or chemical restraint
of the foster youth must be documented and shared with the court;
new text end

new text begin (7) be free from threats of placement disruption or law enforcement involvement. These
must not be used as a threat, retaliation, or discipline;
new text end

new text begin (8) appropriate supervision and to be free from neglect;
new text end

new text begin (9) be free from discrimination based on the foster youth's protected class status. This
includes but is not limited to the denial or delay of placement or services, more restrictive
placement options, physical or emotional isolation, abuse, neglect, or discipline based on
these identities;
new text end

new text begin (10) have appropriate actions taken to keep the foster youth safe and comfortable, if the
foster youth shares any information regarding previous or ongoing abuse or sexualization
to the foster youth's family and permanency team. This includes access to accommodations
so that the foster youth does not need to face a person who harmed the foster youth while
exercising their rights, including attending court;
new text end

new text begin (11) bodily autonomy. This includes being able to refuse physical touch or emotional
affection, including but not limited to hugs and kisses;
new text end

new text begin (12) an age and developmentally appropriate curfew and house rules that are clear and
consistent, and explained to the foster youth in a way the foster youth can understand. If
the 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 defined in section 260C.007, the foster youth
should have access to written rules or policies upon entering and at the foster youth's request;
and
new text end

new text begin (13) be provided with alternative pathways in juvenile delinquency court, if available,
which may include diversionary courts and restorative or transformative justice circles or
practices.
new text end

new text begin Subd. 4. new text end

new text begin Basic needs and normalcy. new text end

new text begin While in foster care, foster youth have a right to
have their basic needs met and experience childhood and adolescence in a way similar to
peers who are not in foster care. This includes a foster youth's right to:
new text end

new text begin (1) not have the foster youth's basic needs withheld as a form of discipline. This includes
but is not limited to the foster youth's usual diet, drinking water, clothing, shoes, hygiene
facilities, hygiene products, hair care products, medications, menstrual products, comfortable
and normal sleeping conditions, proper lighting, educational services, privacy, self-regulation
tools, exercise activities, ventilation and proper temperature, visitations, positive
reinforcement, nurturing, or health care;
new text end

new text begin (2) sufficient food and beverages that promote the foster youth's health and nutrition,
that are in accordance with the foster youth's religious, spiritual, and cultural observances,
that follow the foster youth's medically prescribed diet, and that align with any allergy needs
or food aversions. Food must be palatable, of adequate quantity and variety, served at
appropriate temperatures, and of the same quality as food others in the household eat;
new text end

new text begin (3) not be put on a diet to lose or gain weight unless under the direction of a health care
professional;
new text end

new text begin (4) clothing that fits comfortably, sufficiently protects against outside elements, is of
the same or similar quality as the clothes other children in the household wear, and is in
accordance with the foster youth's gender expression, and religious, cultural, and spiritual
identities and beliefs;
new text end

new text begin (5) dress themselves and pick out the foster youth's own clothing, as developmentally
appropriate;
new text end

new text begin (6) have access to a bedroom, whenever safe and appropriate, in the place where the
foster youth is living;
new text end

new text begin (7) have access to a clean home and safe methods and products for the foster youth to
clean themselves and the foster youth's belongings;
new text end

new text begin (8) have access to safe, appropriate, and sufficient menstrual products with consideration
of the foster youth's preferences;
new text end

new text begin (9) have access to a comfortable and clean place to sleep that is furnished to the same
or similar quality to other rooms;
new text end

new text begin (10) the foster youth's own personal belongings that the foster youth is not required to
share with others;
new text end

new text begin (11) acquire more belongings and bring the foster youth's belongings with if the foster
youth needs to move to a new placement;
new text end

new text begin (12) have the space to store personal belongings, including hygiene items, clothes,
sentimental belongings, and religious or spiritual altars, artifacts, books, or pieces. This
includes the right to have private access to those belongings, if reasonable;
new text end

new text begin (13) appropriate travel bags to pack the foster youth's belongings if the foster youth
needs to move that do not include trash or grocery bags;
new text end

new text begin (14) have access to a method of communication that is appropriate for the foster youth's
age and developmental level, which may include a cell phone;
new text end

new text begin (15) the foster youth's own money that the foster youth has earned or has been gifted,
and which should not be used to pay for the foster youth's basic needs;
new text end

new text begin (16) support to open and access the foster youth's own bank account, as developmentally
appropriate, which should not be accessed or borrowed from by others;
new text end

new text begin (17) have 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;
new text end

new text begin (18) receive a yearly credit report. If a foster youth's credit is being used fraudulently,
the responsible social service agency will support the foster youth by amending any
discrepancies; and
new text end

new text begin (19) have chores and tasks assigned to the foster youth to be typical for the foster youth's
age and development and comparable to other children in the home, if applicable, which
includes a consideration of the type, volume, and duration of the chores and tasks.
new text end

new text begin Subd. 5. new text end

new text begin Privacy. new text end

new text begin While in foster care, foster youth have a right to privacy. This includes
a foster youth's right to:
new text end

new text begin (1) communication privacy. A foster youth's communication can only be monitored due
to a safety concern and if a safety concern is determined, the monitoring of any
communication must be communicated to the foster youth and documented in the foster
youth's out-of-home placement plan. Communication may include but is not limited to
technology usage or personal belongings, including writings and artwork;
new text end

new text begin (2) change clothes, bathe, and use the bathroom privately, as developmentally appropriate
and safe;
new text end

new text begin (3) data privacy. Details of the foster youth's personal history must only be shared as
permitted by law and necessary to ensure the foster youth's safety and well-being;
new text end

new text begin (4) request for the court to make the foster youth's medical and therapeutic information
confidential from the public, as allowed by law;
new text end

new text begin (5) only have cameras in common areas and not to have cameras in areas such as
bathrooms, bedrooms, or areas in which the foster youth is expected to bathe and change
clothing; and
new text end

new text begin (6) be free from unreasonable searches of the foster youth's personal belongings, space,
or body. Searches must be based on an articulated and individualized need that must be as
minimally invasive as possible in relation to that need.
new text end

new text begin Subd. 6. new text end

new text begin Health and wellness. new text end

new text begin While in foster care, foster youth have a right to be
healthy and receive high quality health care. This includes a foster youth's right to:
new text end

new text begin (1) timely access and transportation to health care services, as recommended by the
foster youth's health care team and upon the foster youth's request;
new text end

new text begin (2) have the foster youth's health care explained in a manner the foster youth can
understand by the provider, social worker, or other professional, to have the foster youth's
concerns addressed, to meet with the foster youth's provider in private, and to have a trusted
adult present if the foster youth wants one;
new text end

new text begin (3) be free from excessive or unnecessary medication, procedures, or treatments.
Determinations for excessiveness can be made by a licensed health care professional;
new text end

new text begin (4) be free from consumption of drugs, alcohol, or medications which are not prescribed
to the foster youth;
new text end

new text begin (5) give input on the foster youth's health care providers, including selecting health care
providers or switching a provider for any reason;
new text end

new text begin (6) not have details of the foster youth's health care shared with anyone without the
foster youth's consent, unless it impacts the foster youth's safety or the care provided to the
foster youth, as developmentally appropriate and in accordance with the law;
new text end

new text begin (7) access or refuse contraceptives and abortion services, unless a health care professional
determines it to be medically necessary;
new text end

new text begin (8) be free from secondhand smoke exposure;
new text end

new text begin (9) have decisions made regarding the foster youth's health care be only between the
foster youth and a health care provider, as developmentally appropriate and in accordance
with the law, unless medically necessary circumstances arise;
new text end

new text begin (10) be free from drug testing as a condition of the foster youth's placement, unless
ordered by a judge or part of an evidence-based substance use treatment program;
new text end

new text begin (11) have support in accessing or refusing family therapy with anyone the foster youth
considers a relative, unless required by the foster youth's out-of-home placement plan;
new text end

new text begin (12) have support in accessing an alternative mental health treatment option of the foster
youth's preference;
new text end

new text begin (13) have support in accessing education and services regarding consent, healthy
relationships, and sexual and reproductive health and safety, as developmentally appropriate;
and
new text end

new text begin (14) be informed of and supported in accessing counseling and mental health support,
including resources at school.
new text end

new text begin Subd. 7. new text end

new text begin Family and relative connections. new text end

new text begin While in foster care, foster youth have a
right to be connected to family, relatives, and kin. This includes a foster youth's right to:
new text end

new text begin (1) be supported in having frequent, consistent, and quality contact with relatives,
including both in-person or virtual opportunities, with in-person visits being preferred. Other
communications such as letters, emails, texts, or phone calls should be supported;
new text end

new text begin (2) have contact or visits with relatives only be restricted in circumstances when the
foster youth's family and permanency team has collaboratively weighed factors, including
but not limited to the foster youth's physical and emotional safety; the input of the foster
youth's health care team, when applicable; the foster youth's own input; and whether
alternative forms of visits or contact may be appropriate;
new text end

new text begin (3) have the foster youth's caseworker notify the foster youth's relatives who responded
to the initial search, regardless of whether the relative indicated interest in being a placement
option, or relatives identified by the foster youth, when the foster youth moved to a new
placement, within five business days of the caseworker being informed of the placement
change;
new text end

new text begin (4) be told in a personal and confidential manner if a relative of the foster youth dies or
is experiencing life-threatening health issues when the agency is aware. When practicable,
to be supported in attending any death-related services if someone the foster youth knew
dies or to visit a person who is experiencing life-threatening health issues;
new text end

new text begin (5) have an updated relative search be completed, at minimum, every six months to
reevaluate relative and kinship placement and connection opportunities for the foster youth,
if the foster youth is not already placed in a relative or kinship placement;
new text end

new text begin (6) have the foster youth's caseworker update the courts regarding the caseworker's
efforts to support sibling relationships at each court hearing;
new text end

new text begin (7) have the foster youth's family and permanency team make every effort to support
relationships with all of the foster youth's siblings, including adult siblings, whether the
siblings are in foster care or not, unless the agency has documented a verifiable safety
concern. This support must include:
new text end

new text begin (i) having the foster youth's input prioritized regarding any sibling relationships. This
may include how often and the methods for communication, including phone calls, letters,
or in-person or virtual visits;
new text end

new text begin (ii) frequent contact and support in contacting the foster youth's siblings. This includes
weekly regular face-to-face visits, whenever possible, and weekly virtual contact. Virtual
contact includes, but is not limited to, telephone calls, text messaging, social media, other
internet use, and video calls;
new text end

new text begin (iii) not withholding or restricting sibling relationships as a consequence for behavior;
new text end

new text begin (iv) regular visits being ensured by members of the foster youth's family and permanency
team and the coordination of dates, times, transportation, and other accommodations as
necessary;
new text end

new text begin (v) the timing and regularity of visits to be outlined in each sibling's service plan; and
new text end

new text begin (vi) alternative ways to preserve relationships being supported, in the event of a
documented verifiable safety concern;
new text end

new text begin (8) at least quarterly, receive a telephone number, address, or email address for all the
foster youth's siblings, both those in foster care and not in foster care, and receive updated
photographs of siblings regularly, by regular mail or email;
new text end

new text begin (9) be actively involved in the lives of the foster youth siblings, including celebrations,
and to be provided with support in doing so. Celebrations may include but are not limited
to birthdays, holidays, graduations, school and extracurricular activities, cultural customs
in the foster youth's native language, and other milestones;
new text end

new text begin (10) be promptly informed about changes in a sibling's placement or circumstance,
including but not limited to new placements, discharge from placements, significant life
events, and discharge from foster care;
new text end

new text begin (11) be included in permanency planning decisions for any siblings;
new text end

new text begin (12) have the adult siblings of the foster youth be notified of the opportunity to become
a foster care provider, adoptive parent, or relative custodian;
new text end

new text begin (13) have the foster youth's siblings, if known, to be notified of their rights as a sibling,
through materials in a format specified by the Office of the Foster Youth Ombudsperson.
This includes adult siblings and siblings not in foster care; and
new text end

new text begin (14) have support in planning to maintain sibling relationships after the foster youth exit
foster care for any reason.
new text end

new text begin Subd. 8. new text end

new text begin Community and cultural connections. new text end

new text begin While in foster care, foster youth have
a right to be connected to the foster youth's community and culture. This includes a foster
youth's right to:
new text end

new text begin (1) have support in finding and maintaining regular contact with communities that reflect
the foster youth's culture, ethnicity, religion, sexual orientation, and gender identity, 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 (2) be cared for by people that have received training on understanding and validating
the foster youth's cultural, racial, and ethnic heritage in a trauma-informed manner;
new text end

new text begin (3) ethnically and culturally appropriate hygiene and hair care products and services,
which may include access to protective hairstyling services, bonnets, du rags, lotions,
shampoo, conditioner, and body wash;
new text end

new text begin (4) have support in accessing education in personal care, hygiene, and grooming that
reflects the foster youth's race, ethnicity, culture, and gender identity;
new text end

new text begin (5) have support to make and cultivate friendships, including connections made before
the foster youth's time in foster care or while in a previous placement. Connections should
be supported through in-person or virtual opportunities, with preference for in-person visits.
Letters, emails, texts, or phone calls should also be supported. The foster youth's
communications with friends must only be limited due to safety or well-being concerns of
the foster youth;
new text end

new text begin (6) speak and be spoken to in the foster youth's own language, which may include Braille
or sign language. If the foster youth's foster parent or caregiver does not know the foster
youth's language, the foster youth's caseworker will provide a plan to meet the foster youth's
needs to communicate; and
new text end

new text begin (7) have support in accessing online or in-person peer support groups that are
age-appropriate, and that may include support or affinity groups that align with the foster
youth's protected class status.
new text end

new text begin Subd. 9. new text end

new text begin Religious and spiritual practices. new text end

new text begin While in foster care, foster youth have rights
regarding religious and spiritual practices. This includes a foster youth's right to:
new text end

new text begin (1) participate in cultural, religious, and spiritual events and practices that are meaningful
to the foster youth. This may include private spaces and materials to practice the foster
youth's religion or spirituality, including but not limited to the ability to smudge, light
incense, or light candles, and a designated area to do this;
new text end

new text begin (2) choose not to participate in cultural, religious, and spiritual events and practices; and
new text end

new text begin (3) be in a placement that is informed and respectful of the foster youth's religious and
spiritual practices and needs.
new text end

new text begin Subd. 10. new text end

new text begin Sexual orientation and gender identity. new text end

new text begin While in foster care, foster youth
have rights regarding sexual orientation and gender identity. This includes a foster youth's
right to:
new text end

new text begin (1) have the foster youth's sexual orientation, gender identity, and gender expression
affirmed and supported. This includes the right for the foster youth to express themselves
in the way the foster youth decides, including but not limited to the foster youth's hair styles,
makeup choices, chosen pronouns, chosen name, and the way the foster youth dresses,
including gender-affirming undergarments;
new text end

new text begin (2) request and be supported in obtaining gender-affirming care including counseling,
medication, and other supportive services;
new text end

new text begin (3) privacy regarding the foster youth's sexual orientation and gender identity. Whenever
possible, to not have the foster youth's gender identity or sexual orientation disclosed without
consent; and
new text end

new text begin (4) not experience conversion or reparative therapies.
new text end

new text begin Subd. 11. new text end

new text begin Disability and accommodation. new text end

new text begin While in foster care, foster youth have rights
regarding disability status and accommodation. This includes a foster youth's right to:
new text end

new text begin (1) receive proper and reasonable accommodation and services to help the foster youth
thrive in the foster youth's placement and at school, which may include support in obtaining
full access to education;
new text end

new text begin (2) be in a placement that is educated about the foster youth's disability and the
accommodations the foster youth may need;
new text end

new text begin (3) the same access to age or developmentally appropriate activities and experiences as
the foster youth's peers and given accommodations to participate in such experiences; and
new text end

new text begin (4) not be excluded from participation in or be denied benefits of the services, programs,
or activities due to the foster youth's disability status.
new text end

new text begin Subd. 12. new text end

new text begin Education. new text end

new text begin While in foster care, foster youth have rights regarding school
and education. This includes a foster youth's right to:
new text end

new text begin (1) have support to attend school in a consistent setting, which may include staying in
the same school throughout the foster youth's time in foster care and attending the same
school as the foster youth's siblings, if possible. This includes timely transportation that is
free of cost to the foster youth;
new text end

new text begin (2) have support to ensure all credits, including partial credits, received in different
schools or placements be counted if the foster youth were to move schools;
new text end

new text begin (3) have support to ensure that the foster youth does not receive a reduction of a grade
due to the foster youth's foster care status and any foster care related absences and
circumstances;
new text end

new text begin (4) be provided with recovery options in the foster youth's classes during school hours,
if possible, when these circumstances occur;
new text end

new text begin (5) have support to be free from disciplinary action at school due to the foster youth's
foster care status. This can include but is not limited to detention or suspension regarding
lateness or absence from school due to foster care related circumstances;
new text end

new text begin (6) not have the foster youth's scheduled activities, including school, disrupted by foster
care-related meetings and events, if possible, in accordance with the foster youth's preferences
or if there is a safety need or necessity;
new text end

new text begin (7) only have the foster youth's foster care status or personal information disclosed to
necessary staff members at the foster youth's school;
new text end

new text begin (8) have support in accessing quality education that is equivalent or better than what the
foster youth would receive if the foster youth were not in foster care. This may include
access to the materials and time needed to complete the foster youth's homework;
new text end

new text begin (9) have support from the foster youth's family and permanency team to graduate high
school in a timely manner and in a similar timeframe to the foster youth's peers;
new text end

new text begin (10) have support in enrolling 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 (11) have support in accessing extra help and tutoring if needed;
new text end

new text begin (12) make choices about the foster youth's classes in accordance with the foster youth's
school's requirements and policies; and
new text end

new text begin (13) own or access to all necessary school supplies.
new text end

new text begin Subd. 13. new text end

new text begin Activities. new text end

new text begin While in foster care, foster youth have a right to participate in
various activities. This includes a foster youth's right to:
new text end

new text begin (1) be included in activities with the foster youth's placement, relatives, and friends.
This includes but is not limited to birthdays, special celebrations, holidays, and vacations;
new text end

new text begin (2) participate in age and developmentally appropriate activities that align with the foster
youth's preferences and to not be denied access to an activity based on the fact that the foster
youth is in foster care. This includes but is not limited to social activities, school events,
sports, arts programming, clubs, community activities, and other extracurriculars;
new text end

new text begin (3) have support in ensuring continuation of activities if the foster youth's foster care
status or related circumstances affects the foster youth's participation or attendance; and
new text end

new text begin (4) timely transportation to activities that is free of cost to the foster youth.
new text end

new text begin Subd. 14. new text end

new text begin Case management and planning. new text end

new text begin While in foster care, foster youth have
rights regarding case management and planning. This includes a foster youth's right to:
new text end

new text begin (1) a guardian ad litem and caseworker;
new text end

new text begin (2) be involved with case planning, including having a current out-of-home placement
plan, receiving a copy of the placement plan, having the contents of the placement plan
explained to the foster youth in a developmentally appropriate and accessible manner,
helping create and edit the plan, and having it updated every six months and upon request;
new text end

new text begin (3) receive contact information for the foster youth's caseworker and guardian ad litem,
to be able to contact them when desired and privately, and to receive a response that is
reasonably prompt;
new text end

new text begin (4) timely, quality, and private visits with the foster youth's caseworker and guardian
ad litem at least in-person every 30 days, including if the foster youth is out of state;
new text end

new text begin (5) be represented by and communicate with an attorney if the foster youth is ten years
of age or older, to have the right to an attorney be explained to the foster youth, to receive
contact information for the foster youth's attorney and contact them when desired and
confidentially, and to request and receive a new attorney, as available;
new text end

new text begin (6) be supported in seeking equitable relief within the underlying dependency case;
new text end

new text begin (7) know why the foster youth is in foster care and what will or might happen to the
foster youth while in foster care, explained to the foster youth by the agency in a
developmentally appropriate and accessible manner;
new text end

new text begin (8) translation support for all court hearings, foster care-related meetings, and materials
if needed or requested;
new text end

new text begin (9) participate in and attend all court hearings and receive transportation to court hearings.
This includes being told about the foster youth's right to attend court with as much advance
notice as possible for each hearing, both by court administration in writing and verbally by
the foster youth's caseworker;
new text end

new text begin (10) communicate with the court through the foster youth's family and permanency team
and attorney, if applicable, or directly in a court setting that is open to other parties;
new text end

new text begin (11) if the foster youth has an attorney, to have court processes and participation explained
to the foster youth in an age and developmentally appropriate way;
new text end

new text begin (12) have the foster youth's input prioritized in decision-making by the foster youth's
family and permanency team;
new text end

new text begin (13) select two people to be on the foster youth's family and permanency team. Upon
the foster youth's request, these two people may attend meetings instead of the foster youth;
new text end

new text begin (14) select one member of the foster youth's family and permanency team to be the foster
youth's advisor. This person can also advocate for the foster youth about how parenting
decisions will apply;
new text end

new text begin (15) give input on where the foster youth will live, including:
new text end

new text begin (i) being placed in the least restrictive placement possible. If the considerations regarding
the least restrictive placement change, other less restrictive placement options must be
evaluated;
new text end

new text begin (ii) being in a placement that affirms and supports the foster youth's identities;
new text end

new text begin (iii) requesting to have the placement changed if it is not affirming of the foster youth's
identities;
new text end

new text begin (iv) having placement with the foster youth's relatives prioritized over nonrelatives in
accordance with the foster youth's preferences, as developmentally appropriate;
new text end

new text begin (v) being in the same placement as any siblings, whenever possible;
new text end

new text begin (vi) asking the court to consider a relative as the foster youth's adoptive placement; and
new text end

new text begin (vii) not being placed in a juvenile detention facility for more than 24 hours due to foster
care status;
new text end

new text begin (16) be placed in close geographical distance to any siblings to facilitate frequent and
meaningful contact, if placement together is not possible;
new text end

new text begin (17) receive as much advance notice as possible before a transition to a new placement
and to 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;
new text end

new text begin (18) have support from the foster youth's caseworker to navigate how the foster youth
can obtain legal permanent residency or Tribal enrollment, if applicable; and
new text end

new text begin (19) have support from the foster youth's family and permanency team to advocate for
the foster youth's rights.
new text end

new text begin Subd. 15. new text end

new text begin Transition resources and support. new text end

new text begin While in foster care, foster youth have
rights regarding the transition to adulthood. This includes a foster youth's right to:
new text end

new text begin (1) request, receive, and give input on an independent living plan once the foster youth
is 14 years of age and to review the foster youth's independent living plan regularly and
upon request;
new text end

new text begin (2) receive appropriate resources to meet the objectives of the foster youth's independent
living plan, including but not limited to educational and vocational resources, mental and
physical health management, life skills, financial literacy, insurance, and social and
recreational skills;
new text end

new text begin (3) remain or enroll in extended foster care until the foster youth is 21 years of age if
the foster youth does not have a legally permanent family when the foster youth is 18 years
of age and meets eligibility requirements. This may include being exempted due to a medical
condition, which can include a medical emergency, disability, childbirth, or pregnancy. If
the foster youth is eligible, the foster youth must be notified in writing of the enrollment at
least six months prior to the foster youth's 18th birthday. The foster youth will be
automatically enrolled into extended foster care on the foster youth's 18th birthday and
receive all associated support and benefits, unless the foster youth otherwise notifies the
foster youth's caseworker with a signed form created by the commissioner of children,
youth, and families;
new text end

new text begin (4) receive notice at least 60 days before case management services end, or as soon as
the foster youth's caseworker or the court is aware, whichever is sooner, if the foster youth
is 18 years of age or older and under 24 years of age. The foster youth can appeal this
decision within the agency or the court to review the termination of case management
services;
new text end

new text begin (5) request, receive, and give input on a transition plan, at least six months before the
foster youth ages out of foster care or if the foster youth is 17 years and six months of age.
This plan may include but is not limited to housing options; health insurance, including
medical assistance; education options; mentoring opportunities; workforce supports and
employment services; a copy of the foster youth's consumer credit report; health care
directive; contact information if the foster youth needs help with a crisis situation before
the foster youth is 21 years old; and official documentation to show the foster youth was in
foster care. A foster youth has the right to receive support from the foster youth's caseworker
in accessing these services and resources;
new text end

new text begin (6) request and receive social and medical history and genetic health conditions of the
foster youth's biological family, if available, upon discharge from foster care. If the foster
youth is 18 years of age or older when exiting foster care, to receive these records from the
foster youth's caseworker;
new text end

new text begin (7) receive the foster youth's social security card; an official or certified copy of the
foster youth's birth certificate; a state identification card or driver's license; Tribal enrollment
identification card; green card or school visa; health insurance information; the foster youth's
health care records; a contact list of the foster youth's health care providers; social and
educational history and records; and contact information for the foster youth's siblings, if
they are in foster care, at no cost to the foster youth if the foster youth is 18 years of age or
older when exiting foster care;
new text end

new text begin (8) support in obtaining the foster youth's vital documents from the foster youth's
caseworker, as age-appropriate, at no cost to the foster youth;
new text end

new text begin (9) maintain employment or professional development opportunities, in accordance with
the law and to receive support in accessing transportation to and from these opportunities
that is free or low cost to the foster youth;
new text end

new text begin (10) have support to enroll in and attend a driver's education class and take a permit and
driver's license test, as many attempts as it may take, that is free of cost to the foster youth;
new text end

new text begin (11) own a car, in accordance with the law, and be provided with support by the agency
to obtain car insurance;
new text end

new text begin (12) 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 them. This includes but is not limited to fostering independence
grants, education training voucher, free application for federal student aid, fostering youth
independence voucher, medical assistance, and extended foster care;
new text end

new text begin (13) be notified in person by the legally responsible agency and the guardian ad litem,
and in a manner that best helps the foster youth understand the information, when a
financially responsible agency receives benefits on behalf of the foster youth if the foster
youth is 13 years of age or older;
new text end

new text begin (14) request and receive, in accordance with the law, 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, to receive official documentation that shows the foster youth
was in foster care;
new text end

new text begin (15) request and be notified if the foster youth has any personal effects that are in the
foster youth's file, which may include pictures, letters, notes, or other personal effects;
new text end

new text begin (16) have support from the foster youth's caseworker to ensure the foster youth has and
can maintain safe and stable housing while the foster youth is enrolled in extended foster
care; and
new text end

new text begin (17) be enrolled in medical assistance throughout the foster youth's time in foster care,
including extended foster care. If the foster youth is in the foster care system when the foster
youth turns 18 years of age, the foster youth has a right to maintain eligibility for medical
assistance until the foster youth turns 26 years of age.
new text end

new text begin Subd. 16. new text end

new text begin Pregnant and parenting. new text end

new text begin While in foster care, foster youth who are pregnant
or parenting have rights. This includes a foster youth's right to:
new text end

new text begin (1) legal and physical custody of the foster youth's child, unless otherwise determined
by a court order;
new text end

new text begin (2) receive clear and accurate information regarding the foster youth's parental rights
from the foster youth's caseworker;
new text end

new text begin (3) be informed of the foster youth's legal rights relating to paternity and child support,
and to receive support in engaging with related court processes upon request by the foster
youth;
new text end

new text begin (4) have support from the foster youth's family and permanency team in maintaining the
foster youth's parental rights through:
new text end

new text begin (i) accessing any resources needed to adequately and safely care for the foster youth's
child, including affordable child care;
new text end

new text begin (ii) ensuring that the foster youth's absence from school due to pregnancy, birth, or
parenting circumstances does not result in punishment or a delay in the foster youth's
educational development and progress; and
new text end

new text begin (iii) accessing health care appointments and services for the foster youth and the foster
youth's children, including transportation that is at no cost to the foster youth;
new text end

new text begin (5) access services to support the foster youth's birth plan and postpartum needs and
resources needed to ensure these services are free or low-cost to the foster youth;
new text end

new text begin (6) access resources to establish a health care directive and will for the foster youth and
the foster youth's children;
new text end

new text begin (7) access proper and reasonable accommodations in school and work if the foster youth
becomes pregnant or parenting while in foster care;
new text end

new text begin (8) determine the foster youth's own birth and parenting plans, in collaboration with the
foster youth's birth services provider, and that is aligned with the foster youth's religious,
spiritual, cultural, racial, and ethnic identities;
new text end

new text begin (9) certain rights if the foster youth is not the primary caregiver of the foster youth's
child, which include:
new text end

new text begin (i) support to coparent, if and when possible and safe;
new text end

new text begin (ii) 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
new text end

new text begin (iii) regular contact with the foster youth's child, which may include in-person and virtual
visits, phone calls, and letters;
new text end

new text begin (10) not be coerced into terminating the foster youth's parental rights. The foster youth
should 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;
new text end

new text begin (11) be placed with the foster youth's children in a setting as family-like as possible;
new text end

new text begin (12) provide recommendations of where the foster youth would like the foster youth's
children to live if the foster youth's children are removed from the foster youth's care or the
foster youth willingly chooses to release them from the foster youth's care;
new text end

new text begin (13) not have the foster youth or the foster youth's children drug tested solely due to the
foster youth's foster care status, in accordance with the law; and
new text end

new text begin (14) only be subjected to a paternity test as authorized by law.
new text end

new text begin Subd. 17. new text end

new text begin Feedback, complaints, and grievances. new text end

new text begin While in foster care, foster youth
have the right to information and to give feedback regarding the foster youth's rights. This
includes a foster youth's right to:
new text end

new text begin (1) confidentially provide feedback, share a concern, make a complaint, or file a grievance
and have that feedback be directed to the foster youth's placement, the agency, the Office
of the Foster Youth Ombudsperson, or another complaint body. These can be related to:
new text end

new text begin (i) the conduct of a person on the foster youth's family and permanency team;
new text end

new text begin (ii) the quality of care received in the foster youth's foster care placement;
new text end

new text begin (iii) services the foster youth is receiving or should be receiving;
new text end

new text begin (iv) if previously shared concerns, complaints, or feedback are unresolved; and
new text end

new text begin (v) a violation or confusion regarding the rights enumerated under this section;
new text end

new text begin (2) file a complaint or grievance regarding the foster youth's caseworker, guardian ad
litem, attorney, or placement. The foster youth may request instructions on submitting a
complaint or grievance from any person on this list or the Office of the Foster Youth
Ombudsperson. The instructions must include:
new text end

new text begin (i) who to address a complaint to;
new text end

new text begin (ii) the manner to bring a complaint forward;
new text end

new text begin (iii) the timeframe to expect to receive a response;
new text end

new text begin (iv) possible actions that may be taken as a result of the complaint; and
new text end

new text begin (v) that the foster youth cannot face any retaliation, punishment, or discrimination as a
result of exercising this right;
new text end

new text begin (3) receive materials related to the foster youth's rights, which must include:
new text end

new text begin (i) materials relating to the bill of rights under this section and the Office of the Foster
Youth Ombudsperson, in a format specified by the Office of the Foster Youth Ombudsperson;
new text end

new text begin (ii) receiving the materials under item (i) from the foster youth's caseworker when
entering or re-entering foster care and at least every six months, or upon the foster youth's
request;
new text end

new text begin (iii) signing a verification that the foster youth has received the materials under item (i)
every six months; and
new text end

new text begin (iv) a copy of the bill of rights under this section that is easily accessible to the foster
youth, either posted in a common area or the foster youth's own copy;
new text end

new text begin (4) have any person file a grievance with the Office of the Foster Youth Ombudsperson
on the foster youth's behalf;
new text end

new text begin (5) ask for anything the foster youth needs, including 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 taken away from
the foster youth as discipline or retaliation;
new text end

new text begin (6) receive intervention and remedy if the foster youth's rights are being violated. If a
person is in violation of 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 is in violation of the foster youth's rights,
the agency must intervene and remedy the violation of rights to the extent possible. The
foster youth may be present, at the foster youth's option, during meetings or hearings
regarding the violation of the foster youth's rights;
new text end

new text begin (7) if the foster youth reports any violation of rights to the foster youth's family and
permanency team, to have the family and permanency team to report the violation of the
foster youth's rights to the foster youth's caseworker, or if the caseworker is violating the
rights of the foster youth, to the agency. The foster youth's caseworker or the agency must
submit any reported violation to the court; and
new text end

new text begin (8) have the juvenile court issue any necessary orders to any party, including the agency,
any state agency, guardian ad litem, foster parents, or placement provider, upon appropriate
motion by any party, to ensure the foster youth is provided with the rights enumerated under
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end