HF 1432

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:50am

A bill for an act
relating to human services; modifying provisions related to children aging out
of foster care; modifying the Runaway and Homeless Youth Act; appropriating
money; amending Minnesota Statutes 2008, sections 256B.055, by adding a
subdivision; 256K.45, subdivision 6; 260C.331, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapter 260C; repealing Laws 2007, chapter
147, article 2, section 60.

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

Section 1.

Minnesota Statutes 2008, section 256B.055, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Foster children age 18 to 21. new text end

new text begin Foster children for whom the commissioner
or counties have custody and financial responsibility on their 18th birthdays must be
enrolled in medical assistance upon the completion of an application and must be certified
eligible for medical assistance by the commissioner until their 21st birthdays. Once
certified eligible, reapplication is not required.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256K.45, subdivision 6, is amended to read:

Subd. 6.

Funding.

Any funds appropriated for this section may be expended on
programs described under subdivisions 3 to 5, technical assistance, and capacity building.
deleted text begin Up to four percent of funds appropriated may be used for the purpose of monitoring and
evaluating runaway and homeless youth programs receiving funding under this section. deleted text end
Funding shall be directed to meet the greatest need, with a significant share of the funding
focused on homeless youth providers in greater Minnesota.

Sec. 3.

Minnesota Statutes 2008, section 260C.331, subdivision 1, is amended to read:

Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights
are terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use the
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
256B.35, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, supplemental security income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible social services
agency shall require, reimbursement from the child for the cost of care, examination, or
treatment from the income and resources attributable to the child less the clothing and
personal needs allowance. Income does not include earnings from a child over the age
of 18 who is working as part of a plan under section 260C.212, subdivision 1, paragraph
(c), clause (8), to transition from foster care new text begin or income and resources from sources other
than supplemental security income (SSI) and child support necessary to complete the
requirements in 260C.212, subdivision 7, paragraph (d), clause (2), as determined by
the court new text end .

(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall inquire
into the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of
the child. When determining the amount to be contributed by the parents, the court shall
use a fee schedule based upon ability to pay that is established by the responsible social
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.

(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld under
chapter 518A from the income of the parents or the custodian of the child. A parent or
custodian who fails to pay without good reason may be proceeded against for contempt, or
the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.

(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of other
medically necessary services.

Sec. 4.

new text begin [260C.456] FOSTER CARE BENEFITS AGE 18 TO 21.
new text end

new text begin Upon the request at any time of a person between the ages of 18 and 21 who had
been receiving foster care benefits in the six consecutive months prior to the person's 18th
birthday, or who was discharged while on runaway status after age 15, or who had been
under the state guardianship as dependent or neglected, the local agency shall develop, in
conjunction with the person and other appropriate parties, a specific plan related to that
person's vocational, educational, social, or maturational needs and shall ensure that any
foster care, housing, or counseling benefits are tied to that plan.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $4,000,000 in fiscal year 2010 and $4,000,000 in fiscal year 2011 are appropriated
from the general fund to the commissioner of human services for the Runaway and
Homeless Youth Act under Minnesota Statutes, section 256K.45. Funds shall be spent in
each area of the continuum of care to ensure that programs are meeting the greatest need.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Laws 2007, chapter 147, article 2, section 60, new text end new text begin is repealed effective the day following
final enactment.
new text end