HF 1423

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/28/2011 03:10pm

A bill for an act
relating to human services; providing for adoption assistance reform; proposing
coding for new law as Minnesota Statutes, chapter 259A.

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

Section 1.

new text begin [259A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms defined in this
section have the meanings given them except as otherwise indicated by the context.
new text end

new text begin Subd. 2. new text end

new text begin Adoption assistance. new text end

new text begin "Adoption assistance" means medical coverage and
reimbursement of nonrecurring adoption expenses, and may also include financial support
and reimbursement for specific nonmedical expenses provided under agreement with the
parent of an adoptive child who would otherwise remain in foster care and whose special
needs would otherwise make it difficult to place the child for adoption. Financial support
may include a basic maintenance payment and a supplemental needs payment.
new text end

new text begin Subd. 3. new text end

new text begin Adoptive parent. new text end

new text begin "Adoptive parent" means the adult who has been
made the legal parent of a child through a court-ordered adoption decree or a customary
adoption through tribal court.
new text end

new text begin Subd. 4. new text end

new text begin AFDC. new text end

new text begin "AFDC" means the aid to families with dependent children
program under sections 256.741, 256.82, and 256.87.
new text end

new text begin Subd. 5. new text end

new text begin Assessment. new text end

new text begin "Assessment" means the process by which the child-placing
agency determines the benefits an eligible child may receive under this chapter.
new text end

new text begin Subd. 6. new text end

new text begin At-risk child. new text end

new text begin "At-risk child" means a child who does not have a
documented disability but who is at risk of developing a physical, mental, emotional, or
behavioral disability based on being related within the first or second degree to persons
who have an inheritable physical, mental, emotional, or behavioral disabling condition, or
from a background that has the potential to cause the child to develop a physical, mental,
emotional, or behavioral disability that the child is at risk of developing. The disability
must manifest during childhood.
new text end

new text begin Subd. 7. new text end

new text begin Basic maintenance payment. new text end

new text begin "Basic maintenance payment" means
the maintenance payment made on behalf of a child to support the costs an adoptive
parent incurs to meet a child's needs consistent with the care parents customarily provide,
including: food, clothing, shelter, daily supervision, school supplies, and child's personal
incidentals. It also supports reasonable travel to participate in face-to-face visitation
between child and birth relatives, including siblings.
new text end

new text begin Subd. 8. new text end

new text begin Child. new text end

new text begin "Child" means an individual under 18 years of age. For purposes
of this chapter, child also includes individuals up to age 21 who have approved adoption
assistance agreement extensions under section 259A.45, subdivision 1.
new text end

new text begin Subd. 9. new text end

new text begin Child-placing agency. new text end

new text begin "Child-placing agency" means a business,
organization, or department of government, including the responsible social services
agency or a federally recognized Minnesota tribe, designated or authorized by law
to place children for adoption and assigned legal responsibility for placement, care,
and supervision of the child through a court order, voluntary placement agreement, or
voluntary relinquishment.
new text end

new text begin Subd. 10. new text end

new text begin Child under guardianship of the commissioner of human services.
new text end

new text begin "Child under guardianship of the commissioner of human services" means a child the
court has ordered under the guardianship of the commissioner of human services pursuant
to section 260C.325.
new text end

new text begin Subd. 11. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or any employee of the Department of Human Services to whom the commissioner
has delegated authority regarding children under the commissioner's guardianship.
new text end

new text begin Subd. 12. new text end

new text begin Consent of parent to adoption under chapter 260C. new text end

new text begin "Consent of
parent to adoption under chapter 260C" means the consent executed pursuant to section
260C.515, subdivision 3.
new text end

new text begin Subd. 13. new text end

new text begin Department. new text end

new text begin "Department" means the Minnesota Department of Human
Services.
new text end

new text begin Subd. 14. new text end

new text begin Disability. new text end

new text begin "Disability" means a physical, mental, emotional, or
behavioral impairment that substantially limits one or more major life activities. Major
life activities include, but are not limited to: thinking, walking, hearing, breathing,
working, seeing, speaking, communicating, learning, developing and maintaining healthy
relationships, safely caring for oneself, and performing manual tasks. The nature, duration,
and severity of the impairment shall be used in determining if the limitation is substantial.
new text end

new text begin Subd. 15. new text end

new text begin Foster care. new text end

new text begin "Foster care" has the meaning given in section 260C.007,
subdivision 18.
new text end

new text begin Subd. 16. new text end

new text begin Guardian. new text end

new text begin "Guardian" means an adult who is appointed pursuant to
section 260C.325. For a child under guardianship of the commissioner, the child's
guardian is the commissioner of human services.
new text end

new text begin Subd. 17. new text end

new text begin Guardianship. new text end

new text begin "Guardianship" means the court-ordered rights and
responsibilities of the guardian of a child and includes legal custody of the child.
new text end

new text begin Subd. 18. new text end

new text begin Indian child. new text end

new text begin "Indian child" has the meaning given in section 260.755,
subdivision 8.
new text end

new text begin Subd. 19. new text end

new text begin Legal custodian. new text end

new text begin "Legal custodian" means a person to whom permanent
legal and physical custody of a child has been transferred under chapter 260C, or for
children under tribal court jurisdiction, a similar provision under tribal code which means
that the individual responsible for the child has responsibility for the protection, education,
care, and control of the child and decision making on behalf of the child.
new text end

new text begin Subd. 20. new text end

new text begin Medical assistance. new text end

new text begin "Medical assistance" means Minnesota's
implementation of the federal Medicaid program.
new text end

new text begin Subd. 21. new text end

new text begin Parent. new text end

new text begin "Parent" has the meaning given in section 257.52. Parent does
not mean a putative father of a child unless the putative father also meets the requirements
of section 257.55 or unless the putative father is entitled to notice under section 259.49,
subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any
Indian person who has adopted a child by tribal law or custom, as provided in section
260.755, subdivision 14, and does not include the unwed father where paternity has not
been acknowledged or established.
new text end

new text begin Subd. 22. new text end

new text begin Permanent legal and physical custody. new text end

new text begin "Permanent legal and physical
custody" means permanent legal and physical custody ordered by a Minnesota court under
section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar
provision under tribal code which means that the individual with permanent legal and
physical custody of the child has responsibility for the protection, education, care, and
control of the child and decision making on behalf of the child.
new text end

new text begin Subd. 23. new text end

new text begin Preadoptive parent. new text end

new text begin "Preadoptive parent" means an adult who is caring
for a child in an adoptive placement, but where the court has not yet ordered a final decree
of adoption making the adult the legal parent of the child.
new text end

new text begin Subd. 24. new text end

new text begin Reassessment. new text end

new text begin "Reassessment" means an update of a previous assessment
through the process under this chapter completed for a child who has been continuously
eligible for this benefit.
new text end

new text begin Subd. 25. new text end

new text begin Relative. new text end

new text begin "Relative" means a person related to the child by blood,
marriage, or adoption, or an individual who is an important friend with whom the child has
resided or had significant contact. For an Indian child, relative includes members of the
extended family as defined by law or custom of the Indian child's tribe, or, in the absence
of law or custom, shall be a person who has reached the age of 18 and who is the Indian
child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece
or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1903.
new text end

new text begin Subd. 26. new text end

new text begin Relative search. new text end

new text begin "Relative search" means the search that is required
under chapter 260C.212, subdivision 5.
new text end

new text begin Subd. 27. new text end

new text begin Sibling. new text end

new text begin "Sibling" has the meaning given in section 260C.007,
subdivision 31.
new text end

new text begin Subd. 28. new text end

new text begin Social and medical history. new text end

new text begin "Social and medical history" means the
document, on a form or forms prescribed by the commissioner, that contains a child's
genetic, medical, and family background as well as the history and current status of a
child's physical and mental health, behavior, demeanor, foster care placements, education,
and family relationships and has the same meaning as the history required under sections
259.43 and 260C.609.
new text end

new text begin Subd. 29. new text end

new text begin Supplemental needs payment. new text end

new text begin "Supplemental needs payment"
means the payment which is negotiated with the adoptive parent for a child who has a
documented physical, mental, emotional, or behavioral disability. The payment is made
based on the requirements associated with parenting duties to nurture the child, preserve
the child's connections, and support the child's functioning in the home.
new text end

new text begin Subd. 30. new text end

new text begin Termination of parental rights. new text end

new text begin "Termination of parental rights" means
a court order that severs all rights, powers, privileges, immunities, duties, and obligations,
including any rights to custody, control, visitation, or support, existing between a parent
and child. For an Indian child who is a ward of tribal court, termination of parental rights
means any action resulting in the termination or suspension of the parent-child relationship
when the tribe has made a judicial determination that the child cannot or should not be
returned to the home of the child's parent or parents.
new text end

Sec. 2.

new text begin [259A.05] PROGRAM ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Administration of title IV-E programs. new text end

new text begin The title IV-E Adoption
Assistance Program shall operate according to the requirements of United States Code,
title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
new text end

new text begin Subd. 2. new text end

new text begin Administration responsibilities. new text end

new text begin (a) AFDC relatedness is one eligibility
component of title IV-E adoption assistance. The AFDC relatedness determination shall be
made by an agency according to policies and procedures prescribed by the commissioner.
new text end

new text begin (b) Subject to commissioner approval, the child-placing agency shall certify a child's
eligibility for adoption assistance in writing on the forms prescribed by the commissioner
according to section 259A.15.
new text end

new text begin (c) Children who meet all eligibility criteria except those specific to title IV-E, shall
receive adoption assistance paid through state funds.
new text end

new text begin (d) The child-placing agency is responsible for assisting the commissioner with
the administration of the adoption assistance program by conducting assessments,
reassessments, negotiations, and other activities as specified by the requirements and
procedures prescribed by the commissioner.
new text end

new text begin (e) The child-placing agency shall notify an adoptive parent of a child's eligibility for
Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the
adoptive parent to the appropriate social service agency in the parent's county of residence
that administers medical assistance. The child-placing agency shall inform the adoptive
parent of the requirement to comply with the rules of the applicable Medicaid program.
new text end

new text begin Subd. 3. new text end

new text begin Procedures, requirements, and deadlines. new text end

new text begin The commissioner shall
specify procedures, requirements, and deadlines for the administration of adoption
assistance in accordance with this section.
new text end

new text begin Subd. 4. new text end

new text begin Promotion of programs. new text end

new text begin (a) Parents who adopt children with special
needs must be informed of the adoption tax credit.
new text end

new text begin (b) The commissioner shall actively seek ways to promote the adoption assistance
program, including informing prospective adoptive parents of eligible children under
guardianship of the commissioner and the availability of adoption assistance.
new text end

Sec. 3.

new text begin [259A.10] ELIGIBILITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General eligibility requirements. new text end

new text begin (a) To be eligible for adoption
assistance, a child must:
new text end

new text begin (1) be determined to be a child with special needs, according to subdivision 2;
new text end

new text begin (2) meet the applicable citizenship and immigration requirements in subdivision
3; and
new text end

new text begin (3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
new text end

new text begin (ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribal social service agency and be a child under the
guardianship of the commissioner or a ward of tribal court.
new text end

new text begin (b) In addition to the requirements in paragraph (a), the child's adoptive parents must
meet the applicable background study requirements outlined in subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Special needs determination. new text end

new text begin (a) A child is considered a child with
special needs under this section if all of the requirements in paragraphs (b) to (g) are met:
new text end

new text begin (b) There has been a determination that the child cannot or should not be returned to
the home of the child's parents as evidenced by:
new text end

new text begin (1) court-ordered termination of parental rights;
new text end

new text begin (2) petition to terminate parental rights;
new text end

new text begin (3) consent of parent to adoption accepted by the court under chapter 260C;
new text end

new text begin (4) in circumstances where tribal law permits the child to be adopted without a
termination of parental rights, a judicial determination by tribal court indicating the valid
reason why the child cannot or should not return home;
new text end

new text begin (5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment
occurred in another state, the applicable laws in that state; or
new text end

new text begin (6) death of the legal parent, or parents if the child has two legal parents.
new text end

new text begin (c) There exists a specific factor or condition because of which it is reasonable to
conclude that the child cannot be placed with adoptive parents without providing adoption
assistance as evidenced by:
new text end

new text begin (1) determination by the Social Security Administration that the child meets all
medical or disability requirements of title XVI of the Social Security Act with respect to
eligibility for Supplemental Security Income benefits;
new text end

new text begin (2) documented physical, mental, emotional, or behavioral disability not covered
under clause (1);
new text end

new text begin (3) member in a sibling group being adopted at the same time by the same parent;
new text end

new text begin (4) adoptive placement in the home of a parent who previously adopted a sibling for
whom they receive adoption assistance; or
new text end

new text begin (5) documentation that the child is an at-risk child.
new text end

new text begin (d) A reasonable but unsuccessful effort was made to place the child with adoptive
parents without providing adoption assistance as evidenced by:
new text end

new text begin (1) documented search for an appropriate adoptive placement; or
new text end

new text begin (2) determination by the commissioner that a search under clause (1) is not in the
best interests of the child.
new text end

new text begin (e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the State Adoption
Exchange and other recruitment methods under paragraph (f), must be waived if:
new text end

new text begin (1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;
new text end

new text begin (2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in their care as a foster child and it is determined by
the child-placing agency that adoption by the foster parent is in the best interests of the
child; or
new text end

new text begin (3) the child is being adopted by a parent that previously adopted a sibling of the
child, and it is determined by the child-placing agency that adoption by this parent is
in the best interests of the child.
new text end

new text begin When the Indian Child Welfare Act applies, a waiver must not be granted unless the
child-placing agency has complied with the placement preferences required by the Indian
Child Welfare Act according to United States Code, title 25, section 1915(a).
new text end

new text begin (f) To meet the requirement of a documented search for an appropriate adoptive
placement under paragraph (d), clause (1), the child-placing agency minimally must:
new text end

new text begin (1) conduct a relative search as required by section 260C.212, subdivision 5, and give
consideration to placement with a relative as required by section 260C.212, subdivision 2;
new text end

new text begin (2) comply with the adoptive placement preferences required under the Indian Child
Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section
1915(a), applies;
new text end

new text begin (3) locate prospective adoptive families by registering the child on the State
Adoption Exchange, as required under section 259.75; and
new text end

new text begin (4) if registration with the State Adoption Exchange does not result in the
identification of an appropriate adoptive placement, the agency must employ additional
recruitment methods, as outlined in requirements and procedures prescribed by the
commissioner.
new text end

new text begin (g) Once the child-placing agency has determined that placement with an identified
parent is in the child's best interest and has made full written disclosure about the child's
social and medical history, the agency must ask the prospective adoptive parent if they are
willing to adopt the child without adoption assistance. If the identified parent is either
unwilling or unable to adopt the child without adoption assistance, the child-placing
agency must provide documentation as prescribed by the commissioner to fulfill the
requirement to make a reasonable effort to place the child without adoption assistance. If
the identified parent desires to adopt the child without adoption assistance, the parent must
provide a written statement to this effect to the child-placing agency and the statement must
be maintained in the permanent adoption record of the child-placing agency. For children
under guardianship of the commissioner, the child-placing agency shall submit a copy of
this statement to the commissioner to be maintained in the permanent adoption record.
new text end

new text begin Subd. 3. new text end

new text begin Citizenship and immigration status. new text end

new text begin (a) A child must be a citizen of the
United States or otherwise eligible for federal public benefits according to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to
be eligible for title IV-E Adoption Assistance Program.
new text end

new text begin (b) A child must be a citizen of the United States or meet the qualified alien
requirements as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption
assistance.
new text end

new text begin Subd. 4. new text end

new text begin Background study. new text end

new text begin (a) A background study under section 259.41 must be
completed on each prospective adoptive parent. An adoptive parent is prohibited from
receiving adoption assistance on behalf of an otherwise eligible child if the background
study reveals:
new text end

new text begin (1) a felony conviction at any time for:
new text end

new text begin (i) child abuse or neglect;
new text end

new text begin (ii) spousal abuse;
new text end

new text begin (iii) a crime against children, including child pornography; or
new text end

new text begin (iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
new text end

new text begin (2) a felony conviction within the past five years for:
new text end

new text begin (i) physical assault;
new text end

new text begin (ii) battery; or
new text end

new text begin (iii) a drug-related offense.
new text end

new text begin Subd. 5. new text end

new text begin Responsibility for determining adoption assistance eligibility. new text end

new text begin The
state will determine eligibility for:
new text end

new text begin (1) a Minnesota child under the guardianship of the commissioner who would
otherwise remain in foster care;
new text end

new text begin (2) a child who is not under the guardianship of the commissioner who meets title
IV-E eligibility defined in section 473 of the Social Security Act and no state agency has
legal responsibility for placement and care of the child;
new text end

new text begin (3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster
care; and
new text end

new text begin (4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined
in section 473 of the Social Security Act. The agency or entity assuming responsibility for
the child is responsible for the nonfederal share of the adoption assistance payment.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin The commissioner shall not enter into an adoption assistance
agreement with:
new text end

new text begin (1) a child's biological parent or step parent;
new text end

new text begin (2) a child's relative, according to section 260C.007, subdivision 27, with whom the
child resided immediately prior to child welfare involvement unless:
new text end

new text begin (i) the child was in the custody of a Minnesota county or tribal agency pursuant to
an order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and
new text end

new text begin (ii) the child is under guardianship of the commissioner of human services according
to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or
subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
termination of parental rights, suspension of parental rights, or a finding by the tribal court
that the child cannot safely return to the care of the parent;
new text end

new text begin (3) a child's legal custodian or guardian who is now adopting the child;
new text end

new text begin (4) an individual adopting a child who is the subject of a direct adoptive placement
under section 259.47 or the equivalent in tribal code; or
new text end

new text begin (5) an individual who is adopting a child who is not a citizen or resident of the
United States and was either adopted in another country or brought to this country for
the purposes of adoption.
new text end

Sec. 4.

new text begin [259A.15] ESTABLISHMENT OF ADOPTION ASSISTANCE
ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption assistance certification. new text end

new text begin (a) The child-placing agency
shall certify a child as eligible for adoption assistance according to requirements and
procedures, and on forms prescribed by the commissioner. Documentation from a
qualified expert must be provided to verify that a child meets the special needs criteria in
section 259A.10, subdivision 2.
new text end

new text begin (b) Expert documentation of a disability is limited to evidence deemed appropriate
by the commissioner and must be submitted with the certification. Examples of appropriate
documentation include, but are not limited to, medical records, psychological assessments,
educational or early childhood evaluations, court findings, and social and medical history.
new text end

new text begin (c) Documentation that the child is an at-risk child must be submitted according to
requirements and procedures prescribed by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Adoption assistance agreement. new text end

new text begin (a) An adoption assistance agreement
is a binding contract between the adopting parent, the child-placing agency, and the
commissioner. The agreement outlines the benefits to be provided on behalf of an eligible
child.
new text end

new text begin (b) In order to receive adoption assistance benefits, a written agreement on a form
prescribed by the commissioner must be signed by the parent, an approved representative
from the child-placing agency, and the commissioner prior to the effective date of the
adoption decree. No later than 30 days after the parent is approved for the adoptive
placement, the agreement must be negotiated with the parent as required in section
259A.25, subdivision 1. Adoption assistance must be approved or denied by the
commissioner no later than 15 business days after the receipt of a complete adoption
assistance application prescribed by the commissioner. A fully executed copy of the
signed agreement must be given to each party. Termination or disruption of the adoptive
placement preceding adoption finalization makes the agreement with that parent void.
new text end

new text begin (c) The agreement must specify the following:
new text end

new text begin (1) duration of the agreement;
new text end

new text begin (2) the nature and amount of any payment, services, and assistance to be provided
under the agreement;
new text end

new text begin (3) the child's eligibility for Medicaid services;
new text end

new text begin (4) the terms of the payment;
new text end

new text begin (5) eligibility for reimbursement of nonrecurring expenses associated with adopting
the child, to the extent that the total cost does not exceed $2,000 per child;
new text end

new text begin (6) that the agreement will remain in effect regardless of the state in which the
adoptive parent resides at any given time;
new text end

new text begin (7) provisions for modification of the terms of the agreement; and
new text end

new text begin (8) the effective date of the agreement.
new text end

new text begin (d) The agreement is effective on the date of the adoption decree.
new text end

new text begin Subd. 3. new text end

new text begin Assessment tool. new text end

new text begin An assessment tool prescribed by the commissioner
must be completed for any child who has a documented disability that necessitates care,
supervision, and structure beyond that ordinarily provided in a family setting to children
of the same age. This assessment tool must be submitted with the adoption assistance
certification and establishes eligibility for the amount of assistance requested.
new text end

Sec. 5.

new text begin [259A.20] BENEFITS AND PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General information. new text end

new text begin (a) Payments to parents under adoption
assistance must be made monthly.
new text end

new text begin (b) Payments must commence when the commissioner receives the adoption decree
from the court, the child-placing agency, or the parent. Payments must be made according
to requirements and procedures prescribed by the commissioner.
new text end

new text begin (c) Payments shall only be made to the adoptive parent specified on the agreement.
If there is more than one adoptive parent, both parties must be listed as the payee unless
otherwise specified in writing according to requirements and procedures prescribed by
the commissioner.
new text end

new text begin (d) Payment must be considered income and resource attributable to the child.
Payment must not be assigned or transferred to another party. Payment is exempt from
garnishment, except as permissible under the laws of the state where the child resides.
new text end

new text begin Subd. 2. new text end

new text begin Medical assistance eligibility. new text end

new text begin Eligibility for medical assistance for
children receiving adoption assistance is as specified in section 256B.055.
new text end

new text begin Subd. 3. new text end

new text begin Payments. new text end

new text begin (a) The basic maintenance payments must be made according
to the following schedule for all children except those eligible for adoption assistance
based on being an at-risk child:
new text end

new text begin Birth through age five new text end	new text begin up to $247 per month new text end
new text begin Age six through age 11 new text end	new text begin up to $277 per month new text end
new text begin Age 12 through age 14 new text end	new text begin up to $307 per month new text end
new text begin Age 15 and older new text end	new text begin up to $337 per month new text end

new text begin A child must receive the maximum payment amount for the child's age, unless a
lesser amount is negotiated with and agreed to by the prospective adoptive parent.
new text end

new text begin (b) Supplemental needs payments, in addition to basic maintenance payments, are
available based on the severity of a child's disability and the level of parenting required to
care for the child, and must be made according to the following amounts:
new text end

new text begin Level I new text end	new text begin up to $150 per month new text end
new text begin Level II new text end	new text begin up to $275 per month new text end
new text begin Level III new text end	new text begin up to $400 per month new text end
new text begin Level IV new text end	new text begin up to $500 per month new text end

new text begin A child's level shall be assessed on an assessment tool prescribed by the
commissioner. A child must receive the maximum payment for the child's assessed level,
unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent.
new text end

new text begin Subd. 4. new text end

new text begin Reimbursement for special nonmedical expenses. new text end

new text begin (a) Reimbursement
for special nonmedical expenses is available to children, except those eligible for adoption
assistance based on being an at-risk child.
new text end

new text begin (b) Reimbursements under this paragraph shall be made only after the adoptive
parent documents that the requested service was denied by the local social service agency,
community agencies, local school district, local public health department, the parent's
insurance provider, or the child's program. The denial must be for an eligible service or
qualified item under the program requirements of the applicable agency or organization.
new text end

new text begin (c) Reimbursements must be previously authorized, adhere to the requirements and
procedures prescribed by the commissioner, and be limited to:
new text end

new text begin (1) child care for a child age 12 and younger, or for a child age 13 or 14 who has
a documented disability that requires special instruction for and services by the child
care provider. Child care reimbursements may be made if all available adult caregivers
are employed or attending educational or vocational training programs. If a parent is
attending an educational or vocational training program, child care reimbursement is
limited to no more than the time necessary to complete the credit requirements for an
associate or baccalaureate degree as determined by the educational institution. Child
care reimbursement is not limited for an adoptive parent completing basic or remedial
education programs needed to prepare for postsecondary education or employment;
new text end

new text begin (2) respite care provided for the relief of the child's parent up to 504 hours of respite
care annually;
new text end

new text begin (3) camping up to 14 days per state fiscal year for a child to attend a special needs
camp. The camp must be accredited by the American Camp Association as a special needs
camp in order to be eligible for camp reimbursement;
new text end

new text begin (4) postadoption counseling to promote the child's integration into the adoptive
family that is provided by the placing agency during the first year following the date of the
adoption decree. Reimbursement is limited to 12 sessions of postadoption counseling;
new text end

new text begin (5) family counseling that is required to meet the child's special needs.
Reimbursement is limited to the prorated portion of the counseling fees allotted to the
family when the adoptive parent's health insurance or Medicaid pays for the child's
counseling but does not cover counseling for the rest of the family members;
new text end

new text begin (6) home modifications to accommodate the child's special needs upon which
eligibility for adoption assistance was approved. Reimbursement is limited to once every
five years per child;
new text end

new text begin (7) vehicle modifications to accommodate the child's special needs upon which
eligibility for adoption assistance was approved. Reimbursement is limited to once every
five years per family; and
new text end

new text begin (8) burial expenses up to $1,000, if the special needs, upon which eligibility for
adoption assistance was approved, resulted in the death of the child.
new text end

new text begin (d) The adoptive parent shall submit statements for expenses incurred between July
1 and June 30 of a given fiscal year to the state adoption assistance unit within 60 days
after the end of the fiscal year in order for reimbursement to occur.
new text end

Sec. 6.

new text begin [259A.25] DETERMINATION OF ADOPTION ASSISTANCE BENEFITS
AND PAYMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Negotiation of adoption assistance agreement. new text end

new text begin (a) A monthly
payment is provided as part of the adoption assistance agreement to support the care of
a child who has manifested special needs. The amount of the payment made on behalf
of a child eligible for adoption assistance is determined through negotiation between
the adoptive parent and the child-placing agency on behalf of the commissioner. The
negotiation shall take into consideration the circumstances of the adopting parent and the
needs of the child being adopted. The income of the adoptive parent must not be taken
into consideration when determining eligibility for adoption assistance or the amount of
the payments under section 259A.20. At the written request of the adoptive parent, the
amount of the payment in the agreement may be renegotiated when there is a change in
the child's needs or the family's circumstances.
new text end

new text begin (b) The adoption assistance agreement of a child who is identified as an at-risk child
must not include a monthly payment unless and until the potential disability upon which
the eligibility for the agreement was based has manifested during childhood.
new text end

new text begin Subd. 2. new text end

new text begin Renegotiation of adoption assistance agreement. new text end

new text begin (a) An adoptive
parent of a child with an adoption assistance agreement may request renegotiation of the
agreement when there is a change in the needs of the child or in the family's circumstances.
When an adoptive parent requests renegotiation of the agreement, a reassessment of the
child must be completed by: (1) the responsible social services agency in the child's county
of residence; or (2) the child-placing agency that facilitated the adoption when the child's
residence is out of state. If the reassessment indicates that the child's needs have changed,
the child-placing agency, on behalf of the commissioner and the parent, shall renegotiate
the agreement to include a payment of the level determined appropriate through the
reassessment process using the assessment tool prescribed by the commissioner according
to section 259A.15, subdivision 3. The agreement must not be renegotiated unless the
commissioner and the parent mutually agree to the changes. The effective date of any
renegotiated agreement must be determined according to requirements and procedures
prescribed by the commissioner.
new text end

new text begin (b) An adoptive parent of a child with an adoption assistance agreement based on
the child being an at-risk child may request renegotiation of the agreement to include a
monthly payment. The parent must have written documentation from a qualified expert
that the potential disability upon which eligibility for adoption assistance was approved
has manifested. Documentation of the disability must be limited to evidence deemed
appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of
the child must be conducted using an assessment tool prescribed by the commissioner
according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate
the agreement to include an appropriate monthly payment. The agreement must not be
renegotiated unless the commissioner and the adoptive parent mutually agree to the
changes. The effective date of any renegotiated agreement must be determined according
to requirements and procedures prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Child income or income attributable to the child. new text end

new text begin No income received
by a child will be considered in determining a child's adoption assistance payment
amount. If a child for whom a parent is receiving adoption assistance is also receiving
Supplemental Security Income (SSI) or Retirement, Survivors, Disability Insurance
(RSDI), the certifying agency shall inform the adoptive parent that the child's adoption
assistance must be reported to the Social Security Administration.
new text end

Sec. 7.

new text begin [259A.30] REPORTING RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Notification of change. new text end

new text begin (a) An adoptive parent who has an adoption
assistance agreement shall keep the agency administering the program informed of
changes in status or circumstances that would make the child ineligible for the payments
or eligible for payments in a different amount.
new text end

new text begin (b) As long as the agreement is in effect, the adoptive parent agrees to notify the
agency administering the program in writing within 30 days of the following changes:
new text end

new text begin (1) the child's or adoptive parent's legal name;
new text end

new text begin (2) the family's address;
new text end

new text begin (3) the child's legal custody status;
new text end

new text begin (4) the child's completion of high school, if this occurs after the child attains age 18;
new text end

new text begin (5) the end of an adoptive parent's legal responsibility to support the child based on:
termination of parental rights of the adoptive parent, transfer of guardianship to another
person, or transfer of permanent legal and physical custody to another person;
new text end

new text begin (6) the end of an adoptive parent's financial support of the child;
new text end

new text begin (7) the death of the child;
new text end

new text begin (8) the death of the adoptive parent;
new text end

new text begin (9) the child enlists in the military;
new text end

new text begin (10) the child gets married;
new text end

new text begin (11) the child becomes an emancipated minor through legal action;
new text end

new text begin (12) the adoptive parents separate or divorce;
new text end

new text begin (13) the child is residing outside the adoptive home for a period of more than 30
consecutive days; and
new text end

new text begin (14) the child's status upon which eligibility for extension under section 259A.45,
subdivision 2 or 3, was based.
new text end

new text begin Subd. 2. new text end

new text begin Correct and true information. new text end

new text begin If the adoptive parent reports information
the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner
of changes that may affect eligibility, or the agency administering the program receives
information the adoptive parent did not report, the adoptive parent may be investigated for
theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision
3, clauses (1) to (5).
new text end

Sec. 8.

new text begin [259A.35] TERMINATION OF AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Reasons for termination. new text end

new text begin (a) An adoption assistance agreement
shall terminate in any of the following circumstances:
new text end

new text begin (1) the child has attained the age of 18, or up to age 21, when the child meets a
condition for extension as outlined in section 259A.45, subdivision 1;
new text end

new text begin (2) the child has not attained the age of 18, but the commissioner determines the
adoptive parent is no longer legally responsible for support of the child;
new text end

new text begin (3) the commissioner determines the adoptive parent is no longer providing financial
support to the child up to age 21;
new text end

new text begin (4) the death of the child; or
new text end

new text begin (5) the adoptive parent requests in writing termination of the adoption assistance
agreement.
new text end

new text begin (b) An adoptive parent is considered no longer legally responsible for support of the
child in any of the following circumstances:
new text end

new text begin (1) parental rights to the child are legally terminated or a court accepted the parent's
consent to adoption under chapter 260C;
new text end

new text begin (2) permanent legal and physical custody or guardianship of the child is transferred
to another individual;
new text end

new text begin (3) death of adoptive parent;
new text end

new text begin (4) child enlists in the military;
new text end

new text begin (5) child gets married; or
new text end

new text begin (6) child is determined an emancipated minor through legal action.
new text end

new text begin Subd. 2. new text end

new text begin Death of adoptive parent or adoption dissolution. new text end

new text begin The adoption
assistance agreement ends upon death or termination of parental rights of both adoptive
parents in the case of a two-parent adoption, or the sole adoptive parent in the case of
a single-parent adoption. The child's adoption assistance eligibility may be continued
according to section 259A.40.
new text end

new text begin Subd. 3. new text end

new text begin Termination notice for parent. new text end

new text begin The commissioner shall provide the
child's parent written notice of termination of payment. Termination notices must be sent
according to the requirements and procedures prescribed by the commissioner.
new text end

Sec. 9.

new text begin [259A.40] ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Continuing child's eligibility for title IV-E adoption assistance
in a subsequent adoption. new text end

new text begin (a) The child maintains eligibility for title IV-E adoption
assistance in a subsequent adoption if the following criteria are met:
new text end

new text begin (1) the child is determined to be a child with special needs as outlined in section
259A.10, subdivision 2; and
new text end

new text begin (2) the subsequent adoptive parent resides in Minnesota.
new text end

new text begin (b) If the child had a title IV-E adoption assistance agreement prior to the death of
the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent
resides outside of Minnesota, the state is not responsible for determining whether the child
meets the definition of special needs, entering into the adoption assistance agreement, and
making any adoption assistance payments outlined in the new agreement unless a state
agency in Minnesota has responsibility for placement and care of the child at the time of
the subsequent adoption. If there is no state agency in Minnesota that has responsibility
for placement and care of the child at the time of the subsequent adoption, it is the public
child welfare agency in the subsequent adoptive parent's residence that is responsible for
determining whether the child meets the definition of special needs and entering into the
adoption assistance agreement.
new text end

new text begin Subd. 2. new text end

new text begin Assigning a child's adoption assistance to a court-appointed guardian.
new text end

new text begin (a) State-funded adoption assistance may be continued with the written consent of the
commissioner to an individual who is a guardian appointed by a court for the child upon
the death of both the adoptive parents in the case of a two-parent adoption, or the sole
adoptive parent in the case of a single-parent adoption, unless the child is under the
custody of a child-placing agency.
new text end

new text begin (b) Temporary assignment of adoption assistance may be approved by the
commissioner for a maximum of six consecutive months from the death of the parent
or parents and must adhere to the requirements and procedures prescribed by the
commissioner. If, within six months, the child has not been adopted by a person agreed
upon by the commissioner, or if a court has not appointed a legal guardian under either
section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption
assistance shall terminate. Upon assignment of payments pursuant to this subdivision,
funding shall be from state funds only.
new text end

Sec. 10.

new text begin [259A.45] EXTENSION OF ADOPTION ASSISTANCE AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) Under certain limited circumstances a
child may qualify for extension of the adoption assistance agreement beyond the date the
child attains age 18, up to the date the child attains the age of 21.
new text end

new text begin (b) A request for extension of the adoption assistance agreement must be completed
in writing and submitted, including all supporting documentation, by the adoptive parent
at least 60 calendar days prior to the date that the current agreement will terminate.
new text end

new text begin (c) A signed amendment to the current adoption assistance agreement must be
fully executed between the adoptive parent and the commissioner at least ten business
days prior to the termination of the current agreement. The request for extension and the
fully executed amendment must be made according to the requirements and procedures
prescribed by the commissioner, including documentation of eligibility, and on forms
prescribed by the commissioner.
new text end

new text begin (d) If a child-placing agency is certifying a child for adoption assistance and
the child will attain the age of 18 within 60 calendar days of submission, the request
for extension must be completed in writing and submitted, including all supporting
documentation, with the adoption assistance application.
new text end

new text begin Subd. 2. new text end

new text begin Extension past age 18 for child adopted after 16th birthday. new text end

new text begin A child
who has attained the age of 16 prior to finalization of the child's adoption is eligible for
extension of the adoption assistance agreement up to the date the child attains age 21
if the child is:
new text end

new text begin (1) dependent on the adoptive parent for care and financial support; and
new text end

new text begin (2)(i) completing a secondary education program or a program leading to an
equivalent credential;
new text end

new text begin (ii) enrolled in an institution that provides postsecondary or vocational education;
new text end

new text begin (iii) participating in a program or activity designed to promote or remove barriers to
employment;
new text end

new text begin (iv) employed for at least 80 hours per month; or
new text end

new text begin (v) incapable of doing any of the activities described in clauses (i) to (iv) due to
a medical condition where incapability is supported by documentation from an expert
according to the requirements and procedures prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Extension past age 18 for child adopted prior to 16th birthday. new text end

new text begin A child
who has not attained the age of 16 prior to finalization of the child's adoption is eligible
for extension of the adoption assistance agreement up to the date the child attains the
age of 21 if the child is:
new text end

new text begin (1) dependent on the adoptive parent for care and financial support; and
new text end

new text begin (2)(i) enrolled in a secondary education program or a program leading to the
equivalent; or
new text end

new text begin (ii) incapable of sustaining employment because of the continuation of a physical or
mental disability, upon which eligibility for adoption assistance was approved.
new text end

Sec. 11.

new text begin [259A.50] OVERPAYMENTS OF ADOPTION ASSISTANCE.
new text end

new text begin An amount of adoption assistance paid to an adoptive parent in excess of the
payment that was actually due is recoverable by the commissioner, even when the
overpayment was caused by agency error or circumstances outside the responsibility and
control of the parent or provider. Adoption assistance amounts covered by this section
include basic maintenance needs payments, monthly supplemental maintenance needs
payments, reimbursement of nonrecurring adoption expenses, reimbursement of special
nonmedical costs, and reimbursement of medical costs.
new text end

Sec. 12.

new text begin [259A.55] APPEALS AND FAIR HEARINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Appeals for denials, modifications, or terminations. new text end

new text begin An adoptive
parent or a prospective adoptive parent has the right to appeal to the commissioner under
section 256.045, for reasons including, but not limited to: when eligibility for adoption
assistance is denied, when a specific payment or reimbursement is modified or denied,
and when the agreement for an eligible child is terminated. A prospective adoptive parent
who disagrees with a decision by the commissioner prior to finalization of the adoption
may request review of the decision by the commissioner, or may appeal the decision
under section 256.045.
new text end

new text begin Subd. 2. new text end

new text begin Extenuating circumstances. new text end

new text begin (a) An adoption assistance agreement must
be signed and fully executed prior to the court order that finalizes the adoption. An
adoptive parent who believes that extenuating circumstances exist, as to why the adoption
was finalized prior to fully executing an adoption assistance agreement, may request
a fair hearing. The parent has the responsibility to prove the existence of extenuating
circumstances, such as:
new text end

new text begin (1) relevant facts regarding the child were known by the child-placing agency and
not presented to the parent prior to finalization of the adoption; or
new text end

new text begin (2) the child-placing agency failed to advise a potential parent about the availability
of adoption assistance for a child in the county-paid foster care system.
new text end

new text begin (b) If an appeals judge finds through the fair hearing process that extenuating
circumstances existed and that the child met all eligibility criteria at the time the adoption
was finalized, the effective date and any associated federal financial participation shall
be retroactive to the date of the request for a fair hearing.
new text end

Sec. 13.

new text begin [259A.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL
ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin It is the purpose and policy of the state of Minnesota to:
new text end

new text begin (1) enter into interstate agreements with agencies of other states to safeguard and
protect the interests of children covered by an adoption assistance agreement when they
are adopted across state lines or move to another state after adoption finalization; and
new text end

new text begin (2) provide a framework for uniformity and consistency in administrative procedures
when a child with special needs is adopted by a family in another state and for children
adopted in Minnesota who move to another state.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms defined in this
subdivision have the meanings given them, unless the context clearly indicates otherwise.
new text end

new text begin (1) "Adoption assistance state" means the state that certifies eligibility for Medicaid
in an adoption assistance agreement.
new text end

new text begin (2) "Resident state" is the state where the adopted child is a resident.
new text end

new text begin (3) "State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or a territory or possession of the
United States.
new text end

new text begin Subd. 3. new text end

new text begin Compacts authorized. new text end

new text begin The commissioner is authorized to develop,
negotiate, and enter into one or more interstate compacts on behalf of this state with other
states to implement Medicaid for children with adoption assistance agreements.
new text end

new text begin Subd. 4. new text end

new text begin Contents of compacts. new text end

new text begin (a) A compact must include:
new text end

new text begin (1) a provision allowing all states to join the compact;
new text end

new text begin (2) a provision for withdrawal from the compact upon written notice to the parties,
effective one year after the notice is provided;
new text end

new text begin (3) a requirement that the protections afforded under the compact continue in force
for the duration of the adoption assistance from a party state other than the one in which
the adopted child is a resident;
new text end

new text begin (4) a requirement that each instance of adoption assistance to which the compact
applies be covered by an adoption assistance agreement in writing between the adoptive
parent and the state child welfare agency of the state that provides the adoption assistance,
and that the agreement be expressly for the benefit of the adopted child and enforceable by
the adoptive parent and the state agency providing the adoption assistance; and
new text end

new text begin (5) other provisions necessary and appropriate for the proper administration of the
compact.
new text end

new text begin (b) A compact may contain provisions establishing requirements and entitlements to
medical, developmental, child care, or other social services for the child under state law,
even though the child and the adoptive parent are in a state other than the one responsible
for or providing the services or funds to pay part or all of the costs.
new text end

new text begin Subd. 5. new text end

new text begin Duties of commissioner of human services regarding medical
assistance. new text end

new text begin (a) The commissioner of human services shall:
new text end

new text begin (1) provide Minnesota medical assistance for an adopted child who is title IV-E
eligible;
new text end

new text begin (2) provide Minnesota medical assistance for an adopted child who is not title IV-E
eligible who:
new text end

new text begin (i) was determined to have a special need for medical or rehabilitative care;
new text end

new text begin (ii) is living in another state; and
new text end

new text begin (iii) is covered by an adoption assistance agreement made by the commissioner for
medical coverage or benefits when the child is not eligible for Medicaid in the child's
residence state;
new text end

new text begin (3) consider the holder of a medical assistance identification card under this
subdivision as any other recipient of medical assistance under chapter 256B; and
new text end

new text begin (4) process and make payments on claims for the recipient in the same manner as
for other recipients of medical assistance.
new text end

new text begin (b) Coverage must be limited to providers authorized by Minnesota's medical
assistance program, and according to Minnesota's program requirements.
new text end

new text begin Subd. 6. new text end

new text begin Cooperation with Medicaid. new text end

new text begin The adoptive parent shall cooperate with
and abide by the Medicaid program requirements and procedures of the state which
provides medical coverage.
new text end

new text begin Subd. 7. new text end

new text begin Federal participation. new text end

new text begin The commissioner shall apply for and administer
all relevant aid in accordance with state and federal law.
new text end

Sec. 14.

new text begin [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION
EXPENSES.
new text end

new text begin (a) The commissioner of human services shall provide reimbursement to an adoptive
parent for costs incurred in an adoption of a child with special needs according to section
259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable
and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses
must directly relate to the legal adoption of the child, not be incurred in violation of state
or federal law, and must not have been reimbursed from other sources or funds.
new text end

new text begin (b) Children who have special needs but are not citizens or residents of the United
States and were either adopted in another country or brought to this country for the
purposes of adoption are categorically ineligible for this reimbursement program, except if
the child meets the eligibility criteria after the dissolution of the international adoption.
new text end

new text begin (c) An adoptive parent, in consultation with the responsible child-placing agency,
may request reimbursement of nonrecurring adoption expenses by submitting a complete
application, according to the requirements and procedures and on forms prescribed by
the commissioner.
new text end

new text begin (d) The commissioner shall determine the child's eligibility for adoption expense
reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
sections 670 to 676. If determined eligible, the commissioner of human services shall
sign the agreement for nonrecurring adoption expense reimbursement, making this a
fully executed agreement. To be eligible, the agreement must be fully executed prior to
the child's adoption finalization.
new text end

new text begin (e) An adoptive parent who has an adoption assistance agreement under section
259A.15, subdivision 2, is not required to make a separate application for reimbursement
of nonrecurring adoption expenses for the child who is the subject of that agreement.
new text end

new text begin (f) If determined eligible, the adoptive parent shall submit reimbursement requests
within 21 months of the date of the child's adoption decree, and according to requirements
and procedures prescribed by the commissioner.
new text end

Sec. 15.

new text begin [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS;
PURCHASE OF SERVICE CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin General information. new text end

new text begin (a) Subject to the procedures required by
the commissioner and the provisions of this section, a Minnesota county or tribal social
services agency shall receive a reimbursement from the commissioner equal to 100
percent of the reasonable and appropriate cost for contracted adoption placement services
identified for a specific child that are not reimbursed under other federal or state funding
sources.
new text end

new text begin (b) The commissioner may spend up to $16,000 for each purchase of service
contract. Only one contract per child per adoptive placement is permitted. Funds
encumbered and obligated under the contract for the child remain available until the terms
of the contract are fulfilled or the contract is terminated.
new text end

new text begin (c) The commissioner shall set aside an amount not to exceed five percent of the
total amount of the fiscal year appropriation from the state for the adoption assistance
program to reimburse placing agencies for child-specific adoption placement services.
When adoption assistance payments for children's needs exceed 95 percent of the total
amount of the fiscal year appropriation from the state for the adoption assistance program,
the amount of reimbursement available to placing agencies for adoption services is
reduced correspondingly.
new text end

new text begin Subd. 2. new text end

new text begin Child eligibility criteria. new text end

new text begin (a) A child who is the subject of a purchase
of service contract must:
new text end

new text begin (1) have the goal of adoption, which may include an adoption in accordance with
tribal law;
new text end

new text begin (2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and
new text end

new text begin (3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
new text end

new text begin (b) A child under the guardianship of the commissioner must have an identified
adoptive parent and a fully executed adoption placement agreement according to section
260C.613, subdivision 1, paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Agency eligibility criteria. new text end

new text begin (a) A Minnesota county or tribal social
services agency shall receive reimbursement for child-specific adoption placement
services for an eligible child that it purchases from a private adoption agency licensed in
Minnesota or any other state or tribal social services agency.
new text end

new text begin (b) Reimbursement for adoption services is available only for services provided
prior to the date of the adoption decree.
new text end

new text begin Subd. 4. new text end

new text begin Application and eligibility determination. new text end

new text begin (a) A county or tribal social
services agency may request reimbursement of costs for adoption placement services by
submitting a complete purchase of service application, according to the requirements and
procedures and on forms prescribed by the commissioner.
new text end

new text begin (b) The commissioner shall determine eligibility for reimbursement of adoption
placement services. If determined eligible, the commissioner of human services shall
sign the purchase of service agreement, making this a fully executed contract. No
reimbursement under this section shall be made to an agency for services provided prior to
the fully executed contract.
new text end

new text begin (c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is
permitted. For siblings who are placed together, services shall be planned and provided to
best maximize efficiency of the contracted hours.
new text end

new text begin Subd. 5. new text end

new text begin Reimbursement process. new text end

new text begin (a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on a form
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed.
new text end

new text begin (b) The commissioner shall make the final determination whether or not the
requested reimbursement costs are reasonable and appropriate and if the services have
been completed according to the terms of the purchase of service agreement.
new text end

new text begin Subd. 6. new text end

new text begin Retention of purchase of service records. new text end

new text begin Agencies entering into
purchase of service contracts shall keep a copy of the agreements, service records, and all
applicable billing and invoicing according to the department's record retention schedule.
Agency records shall be provided upon request by the commissioner.
new text end