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Minnesota Legislature

Office of the Revisor of Statutes

HF 985

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Committee Engrossment

1.1A bill for an act
1.2relating to human services; modifying provisions related to children aging out of
1.3foster care;amending Minnesota Statutes 2008, section 260C.212, subdivision 7;
1.4proposing coding for new law in Minnesota Statutes, chapter 260C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to
1.7read:
1.8    Subd. 7. Administrative or court review of placements. (a) There shall be an
1.9administrative review of the out-of-home placement plan of each child placed in foster
1.10care no later than 180 days after the initial placement of the child in foster care and at least
1.11every six months thereafter if the child is not returned to the home of the parent or parents
1.12within that time. The out-of-home placement plan must be monitored and updated at each
1.13administrative review. The administrative review shall be conducted by the responsible
1.14social services agency using a panel of appropriate persons at least one of whom is not
1.15responsible for the case management of, or the delivery of services to, either the child or
1.16the parents who are the subject of the review. The administrative review shall be open to
1.17participation by the parent or guardian of the child and the child, as appropriate.
1.18    (b) As an alternative to the administrative review required in paragraph (a), the court
1.19may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
1.20Procedure, conduct a hearing to monitor and update the out-of-home placement plan
1.21pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
1.22The party requesting review of the out-of-home placement plan shall give parties to the
1.23proceeding notice of the request to review and update the out-of-home placement plan.
1.24A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
2.1260C.141, subdivision 2 or 2a, clause (2); or 260C.317 shall satisfy the requirement for
2.2the review so long as the other requirements of this section are met.
2.3    (c) As appropriate to the stage of the proceedings and relevant court orders, the
2.4responsible social services agency or the court shall review:
2.5    (1) the safety, permanency needs, and well-being of the child;
2.6    (2) the continuing necessity for and appropriateness of the placement;
2.7    (3) the extent of compliance with the out-of-home placement plan;
2.8    (4) the extent of progress which has been made toward alleviating or mitigating the
2.9causes necessitating placement in foster care;
2.10    (5) the projected date by which the child may be returned to and safely maintained in
2.11the home or placed permanently away from the care of the parent or parents or guardian;
2.12and
2.13    (6) the appropriateness of the services provided to the child.
2.14    (d) When a child is age 16 or older, in addition to any administrative review
2.15conducted by the agency, at the review required under section 260C.201, subdivision 11,
2.16paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
2.17review the independent living plan required under subdivision 1, paragraph (c), clause
2.18(8), and the provision of services to the child related to the well-being of the child as the
2.19child prepares to leave foster care. The review shall include the actual plans related to
2.20each item in the plan necessary to the child's future safety and well-being when the child is
2.21no longer in foster care.
2.22    (1) At the court review, the responsible social services agency shall establish that it
2.23has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
2.24to continued access to services for certain children in foster care past age 18 and of the
2.25right to appeal a denial of social services under section 256.245. If the agency is unable
2.26to establish that the notice, including the right to appeal a denial of social services, has
2.27been given, the court shall require the agency to give it.
2.28    (2) The court shall make findings regarding progress toward or accomplishment of
2.29the following goals:
2.30    (i) the child has obtained a high school diploma or its equivalent;
2.31    (ii) the child has completed a driver's education course or has demonstrated the
2.32ability to use public transportation in the child's community;
2.33    (iii) the child is employed or enrolled in postsecondary education;
2.34    (iv) the child has applied for and obtained postsecondary education financial aid for
2.35which the child is eligible;
3.1    (v) the child has health care coverage and health care providers to meet the child's
3.2physical and mental health needs;
3.3    (vi) the child has applied for and obtained disability income assistance for which
3.4the child is eligible;
3.5    (vii) the child has obtained affordable housing with necessary supports, which does
3.6not include a homeless shelter;
3.7    (viii) the child has saved sufficient funds to pay for the first month's rent and a
3.8damage deposit;
3.9    (ix) the child has an alternative affordable housing plan, which does not include a
3.10homeless shelter, if the original housing plan is unworkable;
3.11    (x) the child, if male, has registered for the Selective Service; and
3.12    (xi) the child has a permanent connection to a caring adult.
3.13    (3) The court shall ensure that the responsible agency in conjunction with the
3.14placement provider assists the child in obtaining the following documents prior to the
3.15child's leaving foster care: a Social Security card; the child's birth certificate; a state
3.16identification card or driver's license, green card, or school visa; the child's school,
3.17medical, and dental records; a contact list of the child's medical, dental, and mental health
3.18providers; and contact information for the child's siblings, if the siblings are in foster care.
3.19(e) When a child is age 17 or older, during the 90-day period immediately prior to
3.20the date the child is expected to be discharged from foster care, the responsible social
3.21services agency is required to provide the child with assistance and support in developing
3.22a transition plan that is personalized at the direction of the child. The transition plan
3.23must be as detailed as the child may elect and include specific options on housing, health
3.24insurance, education, local opportunities for mentors and continuing support services,
3.25and work force supports and employment services. The county shall also provide the
3.26individual with appropriate contact information if the individual needs more information
3.27or needs help dealing with a crisis situation through age 21.

3.28    Sec. 2. [260C.456] FOSTER CARE BENEFITS UNTIL AGE 21.
3.29Upon the request of a person, at any time, between the ages of 18 and 21 who had
3.30been receiving foster care benefits in the six consecutive months prior to the person's 18th
3.31birthday, or who was discharged while on runaway status after age 15, or who had been
3.32under the state guardianship as dependent or neglected, the local agency shall develop, in
3.33conjunction with the person and other appropriate parties, a specific plan related to that
3.34person's vocational, educational, social, or maturational needs and, to the extent funds
4.1are available, shall ensure that any foster care, housing, or counseling benefits are tied to
4.2that plan.