HF 4217
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/12/2026 03:08 p.m.
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A bill for an act
relating to children, youth, and families; allowing medical assistance to be paid
for any person receiving foster care benefits past 18 years of age; modifying
terminology and definitions; modifying eligibility criteria and requirements related
to extended foster care; amending Minnesota Statutes 2024, sections 256B.055,
subdivision 17; 260C.451, subdivisions 1, 2, 3, 3a, 6, by adding a subdivision;
260C.452, subdivision 1; Minnesota Statutes 2025 Supplement, section 260C.451,
subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 256B.055, subdivision 17, is amended to read:
Subd. 17.
Adults who were in foster care at the age of 18, 19, or 20.
(a) Medical
assistance may be paid for a person under 26 years of age who was in foster care under the
commissioner's responsibility on the date of attaining 18, 19, or 20 years of agedeleted text begin ,deleted text end new text begin or receiving
foster care benefits past 18 years of age under section 260C.451new text end and who was enrolled in
medical assistance under the state plan or a waiver of the plan while in foster care, in
accordance with section 2004 of the Affordable Care Act.
(b) Medical assistance may be paid for a person under 26 years of age who was in foster
care and enrolled in any state's Medicaid program as provided by Public Law 115-271,
section 1002.
(c) The commissioner shall seek federal waiver approval under United States Code, title
42, section 1315, to include youth who were in a state's foster care program and who turned
age 18 prior to January 1, 2023, without regard to potential eligibility under a Medicaid
mandatory group.
Sec. 2.
Minnesota Statutes 2024, section 260C.451, subdivision 1, is amended to read:
Subdivision 1.
Notification.
Six months prior to the child's 18th birthday, the responsible
social services agency shall provide written notice on a form prescribed by the commissioner
of children, youth, and families to any child in foster care under this chapter who cannot
reasonably be expected to return home or deleted text begin have another legally permanent familydeleted text end new text begin be adoptednew text end
by the age of 18, the child's parents or legal guardian, if any, the child's guardian ad litem,
and the child's foster parents of the availability of foster care up to age 21, when the child
is eligible under subdivisions 3 and 3a.
Sec. 3.
Minnesota Statutes 2024, section 260C.451, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "child in foster care" means a child
in foster care, as defined under section 260C.007, subdivision 18, or a child for whom
permanent legal and physical custody is transferred to a relative under section 260C.515,
subdivision 4, after the child is ten years of age.
new text end
Sec. 4.
Minnesota Statutes 2024, section 260C.451, subdivision 2, is amended to read:
Subd. 2.
Independent living plan.
deleted text begin
Upon the request of
deleted text end
new text begin
(a) For any child in foster care
who is 14 years of age or older, the responsible social services agency must, in conjunction
with the child and other appropriate parties, develop and update the child's independent
living plan required under section 260C.212, subdivision 1, paragraph (c), clause (12).
new text end
new text begin (b) Fornew text end any child in foster care immediately prior to the child's 18th birthday deleted text begin and who
is in foster care at the time of the requestdeleted text end , the responsible social services agency shall, in
conjunction with the child and other appropriate parties, update the new text begin child's new text end independent
living plan required under section 260C.212, subdivision 1, paragraph (c), clause (12),
related to the child's employment, vocational, educational, social, or maturational needsnew text begin and
submit it to the court as part of the required review under section 260C.202, subdivision 3new text end .
The agency shall provide continued services and foster care for the child including those
services that are necessary to implement the independent living plan.
Sec. 5.
Minnesota Statutes 2024, section 260C.451, subdivision 3, is amended to read:
Subd. 3.
Eligibility to continue in foster care.
A child in foster care immediately prior
to the child's 18th birthday may continue in foster care past age 18 unless:
(1) the child can safely return home;new text begin or
new text end
deleted text begin
(2) the child is in placement pursuant to the agency's duties under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to a
developmental disability or related condition, and the child will be served as an adult under
section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end the child can be adopted or have permanent legal and physical custody transferred
to a relative prior to the child's 18th birthday.
Sec. 6.
Minnesota Statutes 2024, section 260C.451, subdivision 3a, is amended to read:
Subd. 3a.
Eligibility criteria.
The child must meet at least one of the following conditions
to be considered eligible to continue in or return to foster care and remain there to age 21.
The child must be:
(1) completing secondary education or a program leading to an equivalent credentialnew text begin ,
including transition programs through a public or private schoolnew text end ;
(2) enrolled in an institution that provides postsecondary or vocational education;
(3) participating in a program or activity designed to promote or remove barriers to
employment;
(4) employed for at least 80 hours per month; or
(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical
condition.
Sec. 7.
Minnesota Statutes 2024, section 260C.451, subdivision 6, is amended to read:
Subd. 6.
Reentering foster care and accessing services after 18 years of age and up
to 21 years of age.
(a) Upon request of an individual who had been under the guardianship
of the commissioner and who has left foster care without being adopted, the responsible
social services agency which had been the commissioner's agent for purposes of the
guardianship shall develop with the individual a plan to increase the individual's ability to
live safely and independently using the plan requirements of section 260C.212, subdivision
1, paragraph (c), clause (12), and to assist the individual to meet one or more of the eligibility
criteria in subdivision 4 if the individual wants to reenter foster care. The responsible social
services agency shall provide foster care as required to implement the plan. The responsible
social services agency shall enter into a voluntary placement agreement under section
260C.229 with the individual if the plan includes foster care.
(b) Individuals who had not been under the guardianship of the commissioner of children,
youth, and families prior to 18 years of age may ask to reenter foster care after age 18 and
the responsible social services agency that had responsibility for planning for the individual
before discharge from foster care shall provide foster care or other services to the individual
for the purpose of increasing the individual's ability to live safely and independently and to
meet the eligibility criteria in subdivision 3a, if the individual:
(1) was in foster care for the six consecutive months prior to the person's 18th birthday,
or left foster care within six months prior to the person's 18th birthday, and was not
discharged homedeleted text begin ,deleted text end new text begin ornew text end adopteddeleted text begin , or received into a relative's home under a transfer of permanent
legal and physical custody under section 260C.515, subdivision 4deleted text end ; or
(2) was discharged from foster care while on runaway status after age 15.
(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a specific
plan related to that individual's vocational, educational, social, or maturational needs and
provide foster care as required to implement the plan. The responsible social services agency
shall enter into a voluntary placement agreement with the individual if the plan includes
foster care.
(d) A child who left foster care while under guardianship of the commissioner of children,
youth, and families retains eligibility for foster care for placement at any time prior to 21
years of age.
Sec. 8.
Minnesota Statutes 2025 Supplement, section 260C.451, subdivision 8, is amended
to read:
Subd. 8.
Notice of termination of foster care.
When a child in foster care between the
ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the
responsible social services agency shall give the child written notice that foster care will
terminate 30 days from the date the notice is sent. new text begin The agency must send a copy of the
written notice to the commissioner of children, youth, and families. new text end The child or the child's
guardian ad litem may file a motion asking the court to review the agency's determination
within 15 days of receiving the notice. The child shall not be discharged from foster care
until the motion is heard. The agency shall deleted text begin workdeleted text end new text begin engagenew text end with the child tonew text begin develop anew text end transition
deleted text begin out of foster caredeleted text end new text begin plannew text end as required under new text begin section 260C.452, subdivision 4, paragraph (d),
that addresses the goals listed in new text end section 260C.203, subdivision 4, clause (2). The written
notice of termination of benefits shall be on a form prescribed by the commissioner and
shall also give notice of the right to have the agency's determination reviewed by the court
in the proceeding where the court conducts the reviews required under section 260C.203,
260C.317, or 260C.515, subdivision 5 or 6. A copy of the termination notice shall be sent
to the child deleted text begin anddeleted text end new text begin ;new text end the child's attorney, if anydeleted text begin ,deleted text end new text begin ;new text end the foster care providerdeleted text begin ,deleted text end new text begin ;new text end the child's guardian
ad litemdeleted text begin ,deleted text end new text begin ; the commissioner of children, youth, and families;new text end and the court. The agency is
not responsible for paying foster care benefits for any period of time after the child actually
leaves foster care.
Sec. 9.
Minnesota Statutes 2024, section 260C.452, subdivision 1, is amended to read:
Subdivision 1.
Scope; purpose.
(a) For purposes of this section, "youth" means a person
who is at least 14 years of age and under 23 years of age.
(b) This section pertains to a youth who:
(1) is in foster care and is 14 years of age or older, including a youth who is under the
guardianship of the commissioner of children, youth, and families;
(2) has a permanency disposition of permanent custody to the agency;
(3) will leave foster care when the youth is 18 years of age or older and under 21 years
of age;
(4) has left foster care due to adoption when the youth was 16 years of age or older;
(5) has left foster care due to a transfer of permanent legal and physical custody to a
relative, or Tribal equivalent, deleted text begin whendeleted text end new text begin afternew text end the youth was deleted text begin 16deleted text end new text begin tennew text end years of age deleted text begin or olderdeleted text end ; or
(6) was reunified with the youth's primary caretaker when the youth was 14 years of age
or older and under 18 years of age.
(c) The purpose of this section is to provide support to each youth who is transitioning
to adulthood by providing services to the youth in the areas of:
(1) education;
(2) employment;
(3) daily living skills such as financial literacy training and driving instruction, preventive
health activities including promoting abstinence from substance use and smoking, and
nutrition education and pregnancy prevention;
(4) forming meaningful, permanent connections with caring adults;
(5) engaging in age-appropriate and developmentally appropriate activities under section
260C.212, subdivision 14, and positive youth development;
(6) financial, housing, counseling, and other services to assist a youth over 18 years of
age in achieving self-sufficiency and accepting personal responsibility for the transition
from adolescence to adulthood; and
(7) making vouchers available for education and training.
(d) The responsible social services agency may provide support and case management
services to a youth as defined in paragraph (a) until the youth reaches 23 years of age.
According to section 260C.451, a youth's placement in a foster care setting will end when
the youth reaches 21 years of age.