HF 1522

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am

A bill for an act
relating to human services; establishing public policies and priorities for child
welfare; establishing Northstar Care for Children; making changes to adoption
assistance; amending Minnesota Statutes 2008, sections 256.991; 256J.21,
subdivision 2; 256J.24, subdivisions 3, 4; 257.85, subdivisions 2, 5, 6; 259.67, by
adding subdivisions; 260B.441; 260C.331, subdivision 1; 260C.441; proposing
coding for new law as Minnesota Statutes, chapters 256N; 256O; repealing
Minnesota Statutes 2008, sections 256.82, subdivision 5; 257.85; 259.67,
subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, 8, 9, 10; Minnesota Rules, parts 9560.0071;
9560.0081; 9560.0082; 9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4;
9560.0101; 9560.0102; 9560.0665, subparts 2, 3, 4, 5, 6, 7, 8, 9.

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

Section 1.

Minnesota Statutes 2008, section 256.991, is amended to read:

256.991 RULES.

The commissioner of human services may promulgate rules as necessary to
implement sections 256.01, subdivision 2; deleted text begin 256.82, subdivision 3; deleted text end 256.966, subdivision 1;
256D.03, subdivisions 3, 4, 6, and 7; and 261.23. The commissioner shall promulgate
rules to establish standards and criteria for deciding which medical assistance services
require prior authorization and for deciding whether a second medical opinion is required
for an elective surgery. The commissioner shall promulgate rules as necessary to establish
the methods and standards for determining inappropriate utilization of medical assistance
services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256J.21, subdivision 2, is amended to read:

Subd. 2.

Income exclusions.

The following must be excluded in determining a
family's available income:

(1) payments for basic care, difficulty of care, and clothing allowances received for
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and used
for care and maintenance of a third-party beneficiary who is not a household member;

(2) reimbursements for employment training received through the Workforce
Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;

(3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related to
employment;

(4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary educational expenses, shall
count scholarships or grants awarded to graduate students that do not require teaching
or research as unearned income;

(5) loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;

(6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;

(7)(i) state income tax refunds; and

(ii) federal income tax refunds;

(8)(i) federal earned income credits;

(ii) Minnesota working family credits;

(iii) state homeowners and renters credits under chapter 290A; and

(iv) federal or state tax rebates;

(9) funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court, solicited
through public appeal, or made as a grant by a federal agency, state or local government,
or disaster assistance organizations, subsequent to a presidential declaration of disaster;

(10) the portion of an insurance settlement that is used to pay medical, funeral, and
burial expenses, or to repair or replace insured property;

(11) reimbursements for medical expenses that cannot be paid by medical assistance;

(12) payments by a vocational rehabilitation program administered by the state
under chapter 268A, except those payments that are for current living expenses;

(13) in-kind income, including any payments directly made by a third party to a
provider of goods and services;

(14) assistance payments to correct underpayments, but only for the month in which
the payment is received;

(15) payments for short-term emergency needs under section 256J.626, subdivision
2;

(16) funeral and cemetery payments as provided by section 256.935;

(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
a calendar month;

(18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;

(19) Supplemental Security Income (SSI), including retroactive SSI payments and
other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;

(20) Minnesota supplemental aid, including retroactive payments;

(21) proceeds from the sale of real or personal property;

(22) state adoption assistance payments under section 259.67, new text begin adoption assistance
payments under chapter 256O, new text end and up to an equal amount of county adoption assistance
payments;

(23) state-funded family subsidy program payments made under section 252.32
to help families care for children with developmental disabilities, consumer support
grant funds under section 256.476, and resources and services for a disabled household
member under one of the home and community-based waiver services programs under
chapter 256B;

(24) interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;

(25) rent rebates;

(26) income earned by a minor caregiver, minor child through age 6, or a minor
child who is at least a half-time student in an approved elementary or secondary education
program;

(27) income earned by a caregiver under age 20 who is at least a half-time student in
an approved elementary or secondary education program;

(28) MFIP child care payments under section 119B.05;

(29) all other payments made through MFIP to support a caregiver's pursuit of
greater economic stability;

(30) income a participant receives related to shared living expenses;

(31) reverse mortgages;

(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
42, chapter 13A, sections 1771 to 1790;

(33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;

(34) benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;

(35) relocation assistance for displaced persons under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
Code, title 12, chapter 13, sections 1701 to 1750jj;

(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12, part 2, sections 2271 to 2322;

(37) war reparations payments to Japanese Americans and Aleuts under United
States Code, title 50, sections 1989 to 1989d;

(38) payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239, section
10405, paragraph (a)(2)(E);

(39) income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;

(40) security and utility deposit refunds;

(41) American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;

(42) all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living with parents or
stepparents on MFIP with other children;

(43) income of the minor parent's parents and stepparents equal to 200 percent of the
federal poverty guideline for a family size not including the minor parent and the minor
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income is
deemed as specified in section 256J.37, subdivision 1b;

(44) payments made to children eligible for deleted text begin relative custody deleted text end new text begin guardianship new text end assistance
under deleted text begin section 257.85 deleted text end new text begin chapter 256O new text end ;

(45) vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash;

(46) the principal portion of a contract for deed payment; and

(47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2008, section 256J.24, subdivision 3, is amended to read:

Subd. 3.

Individuals who must be excluded from an assistance unit.

(a) The
following individuals who are part of the assistance unit determined under subdivision 2
are ineligible to receive MFIP:

(1) individuals who are recipients of Supplemental Security Income or Minnesota
supplemental aid;

(2) individuals disqualified from the food stamp or food support program or MFIP,
until the disqualification ends;

(3) children deleted text begin on whose behalf deleted text end new text begin eligible for Northstar Care for Children under chapter
256O when the caregiver receives new text end federal, state or local foster care new text begin ; guardianship
assistance; or adoption assistance new text end payments deleted text begin are made deleted text end new text begin for them new text end , except as provided in
sections 256J.13, subdivision 2, and 256J.74, subdivision 2; and

(4) children receiving ongoing monthly adoption assistance payments under section
259.67.

(b) The exclusion of a person under this subdivision does not alter the mandatory
assistance unit composition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2008, section 256J.24, subdivision 4, is amended to read:

Subd. 4.

Individuals who may elect to be included in the assistance unit.

(a) The
minor child's eligible caregiver may choose to be in the assistance unit, if the caregiver
is not required to be in the assistance unit under subdivision 2. If the eligible caregiver
chooses to be in the assistance unit, that person's spouse must also be in the unit.

(b) Any minor child not related as a sibling, stepsibling, or adopted sibling to the
minor child in the unit, but for whom there is an eligible caregiver may elect to be in
the unit.

(c) A foster care provider of a minor child who is receiving federal, state, or local
foster care maintenance payments new text begin or a provider receiving benefits for a child eligible for
Northstar Care for Children under chapter 256O new text end may elect to receive MFIP if the provider
meets the definition of caregiver under section 256J.08, subdivision 11. If the provider
chooses to receive MFIP, the spouse of the provider must also be included in the assistance
unit with the provider. The provider and spouse are eligible for deleted text begin assistance deleted text end new text begin MFIP new text end even if
the only minor child living in the provider's home is receiving foster care maintenance
payments new text begin or new text end new text begin benefits from Northstar Care for Children new text end .

(d) The adult caregiver or caregivers of a minor parent are eligible to be a separate
assistance unit from the minor parent and the minor parent's child when:

(1) the adult caregiver or caregivers have no other minor children in the household;

(2) the minor parent and the minor parent's child are living together with the adult
caregiver or caregivers; and

(3) the minor parent and the minor parent's child receive MFIP, or would be eligible
to receive MFIP, if they were not receiving SSI benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 5.

new text begin [256N.01] PUBLIC POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The legislature hereby declares that the public policy
of the state is:
new text end

new text begin (1) first and foremost, children should be safe from harm and protected from abuse
and neglect;
new text end

new text begin (2) children should be maintained safely in their homes whenever possible and
appropriate;
new text end

new text begin (3) when the ability of parents to keep their children safe is compromised it is in
the public interest to intervene early and provide services that promote parents' protective
capacities, mitigate risks of harm, and strengthen and support parents in their caregiving
roles;
new text end

new text begin (4) children should grow up in safe, permanent, and nurturing homes and, when it is
not possible for their parents to provide safety and permanency, alternative permanency
options must be made available to children as quickly as possible;
new text end

new text begin (5) whenever possible, alternative permanency options should be with children's
relatives or kin in order to maintain family relationships and preserve connections with
their communities and culture; and
new text end

new text begin (6) once permanency is achieved, children and their families should receive the
services and supports necessary to maintain safe, stable, and permanent homes.
new text end

new text begin Subd. 2. new text end

new text begin Racial disparities in child welfare. new text end

new text begin It is further the policy of the state to
reduce racial disparities and disproportionality that exists in the child welfare system by:
new text end

new text begin (1) identifying and addressing structural factors contributing to inequities in
outcomes;
new text end

new text begin (2) identifying and implementing promising and evidence-based strategies to reduce
racial disparities in treatment and outcomes;
new text end

new text begin (3) using cultural values, beliefs, and practices of families, communities, and tribes
to shape family assessment, case planning, case service design, and case decision-making
processes;
new text end

new text begin (4) using placement and reunification strategies that maintain, honor, and support
relationships and connections between parents, siblings, children, kin, and significant
others, giving priority to kinship placements when placement is necessary; and
new text end

new text begin (5) supporting families in the context of their communities and tribes so as to safely
divert them away from the child welfare system, whenever possible.
new text end

Sec. 6.

new text begin [256N.02] PUBLIC PRIORITIES.
new text end

new text begin A broad continuum of services and a reform of practice are necessary across
Minnesota to keep children safe from abuse and neglect, prevent the trauma associated
with removing a child from their family home, and provide families with the necessary
supports and services to protect and nurture their children. Successful implementation
of state policy must result in improved outcomes for children and families and must be
measured by:
new text end

new text begin (1) improved timeliness to initial investigations;
new text end

new text begin (2) increased monthly caseworker visits with children in out-of-home placement;
new text end

new text begin (3) reduced out-of-home placements;
new text end

new text begin (4) reduced re-entry;
new text end

new text begin (5) reduced recidivism;
new text end

new text begin (6) reduced number of children aging out of foster care without achieving
permanency;
new text end

new text begin (7) improved rate of relative care;
new text end

new text begin (8) improved stability in foster care; and
new text end

new text begin (9) reduced racial and ethnic disparities and disproportionality.
new text end

Sec. 7.

new text begin [256O.001] CITATION.
new text end

new text begin Sections 256O.001 to 256O.270 may be cited as the "Northstar Care for Children
Act." Sections 256O.001 to 256O.270 establish Northstar Care for Children, which
authorizes certain benefits to support children in need who are served by the Minnesota
child welfare system and who are the responsibility of the state of Minnesota, local county
social service agencies, or tribal social service agencies under section 256.01, subdivision
14b. A child eligible for the benefit has experienced a child welfare intervention that
has resulted in the child being placed away from the child's parents' care and is in the
permanent care of relatives through a transfer of permanent legal and physical custody, or
in the permanent care of adoptive parents.
new text end

Sec. 8.

new text begin [256O.01] PUBLIC POLICY.
new text end

new text begin (a) The legislature hereby declares that the public policy of this state is to keep
children safe from harm and to ensure that when children suffer harmful or injurious
experiences in their lives, appropriate services are immediately available to keep them safe.
new text end

new text begin (b) Children do best in permanent, safe, nurturing homes with long-term
relationships with adults. Whenever safely possible, children are best served when they
can be nurtured and raised by their parents. Where services cannot be provided to allow a
child to remain safely at home, an out-of-home placement may be required. When this
occurs, reunification should be sought if it can be accomplished safely. When it is not
possible for parents to provide safety and permanency for their children, an alternative
permanent home must quickly be made available to the child, drawing from kinship
sources whenever possible.
new text end

new text begin (c) Minnesota understands the importance of having a comprehensive approach to
temporary out-of-home care and to permanent homes for children who cannot be reunited
with their families. It is critical that stable benefits be available to caregivers to ensure
that the child's needs can be met whether the child's situation and best interests call for
transfer of permanent legal and physical custody to a relative or adoption. Northstar
Care for Children focuses on the child's needs and strengths, and the actual level of care
provided by the caregiver, without consideration for the type of placement setting. In this
way, caregivers are not faced with the burden of making specific long-term decisions
based upon competing financial incentives.
new text end

Sec. 9.

new text begin [256O.02] 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 sections 256O.001 to 256O.270, the
terms defined in this section have the meanings given them.
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 financial support,
medical coverage, or both, provided under agreement with the legally responsible agency
and the commissioner to the parents of an adoptive child whose special needs would
otherwise make it difficult to place the child for adoption, to assist with the cost of caring
for the child.
new text end

new text begin Subd. 3. new text end

new text begin Assessment. new text end

new text begin "Assessment" means the process under section 256O.240 by
which is determined the benefits an eligible child may receive under section 256O.250.
new text end

new text begin Subd. 4. 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 which has the potential to cause the child to develop a physical,
mental, emotional, or behavioral disability. The disability that the child is at risk of
developing must be likely to manifest during childhood. A high-risk child under section
259.67 is considered an at-risk child.
new text end

new text begin Subd. 5. new text end

new text begin Basic rate. new text end

new text begin "Basic rate" means the maintenance payment made on behalf
of a child to support the costs caregivers incur to meet a child's needs consistent with the
care parents customarily provide, including: food, clothing, shelter, daily supervision,
school supplies, child's personal incidentals, reasonable travel to the child's home for
visitation, and transportation needs associated with providing the listed items.
new text end

new text begin Subd. 6. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" means the tribe, relative custodian, or the adoptive
parent who has legally adopted a child.
new text end

new text begin Subd. 7. new text end

new text begin Child-placing agency. new text end

new text begin "Child-placing agency" means an agency licensed
under section 245A.03, subdivision 1, clauses (2) and (3).
new text end

new text begin Subd. 8. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services.
new text end

new text begin Subd. 9. new text end

new text begin County board. new text end

new text begin "County board" means the board of county commissioners
in each county.
new text end

new text begin Subd. 10. new text end

new text begin Disability. new text end

new text begin "Disability" means a professionally documented physical,
mental, emotional, or behavioral impairment that substantially limits one or more major
life activity. 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 must be used in determining if the
limitation is substantial.
new text end

new text begin Subd. 11. new text end

new text begin Foster care. new text end

new text begin "Foster care" means foster care as described either in section
260B.007, subdivision 7, or 260C.007, subdivision 18.
new text end

new text begin Subd. 12. new text end

new text begin Guardianship assistance. new text end

new text begin "Guardianship assistance" means financial
support, medical coverage, or both, provided under agreement with the legally responsible
agency and the commissioner to a relative who has received permanent legal and physical
custody of a child, to assist with the cost of caring for the child.
new text end

new text begin Subd. 13. new text end

new text begin Human services board. new text end

new text begin "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976, chapter 340.
new text end

new text begin Subd. 14. new text end

new text begin Legally responsible agency. new text end

new text begin "Legally responsible agency" means the
Minnesota agency that is assigned responsibility for placement, care, and supervision
of the child through a court order, voluntary placement agreement, or voluntary
relinquishment. These agencies include both local social service agencies under section
393.07 and tribal social service agencies authorized in section 256.01, subdivision 14b,
and Minnesota tribes when legal responsibility is transferred to the tribal social service
agency through a Minnesota district court order.
new text end

new text begin Subd. 15. new text end

new text begin Maintenance payments. new text end

new text begin "Maintenance payments" means the basic
rate plus any supplemental difficulty of care rate under Northstar Care for Children. It
specifically does not include the cost of initial clothing allowance, payment for social
services, or administrative payments to a child-placing agency.
new text end

new text begin Subd. 16. 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
juvenile court under section 260C.201, subdivision 11, or for children under tribal
court jurisdiction, 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. 17. new text end

new text begin Reassessment. new text end

new text begin "Reassessment" means an update of the previous
assessment through the process under section 256O.240 for a child who has been
continuously eligible for this benefit.
new text end

new text begin Subd. 18. new text end

new text begin Relative. new text end

new text begin "Relative" as described in section 260C.007, subdivision 27,
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 the law or
custom of the Indian child's tribe or, in the absence of law or custom, nieces, nephews,
or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1903.
new text end

new text begin Subd. 19. new text end

new text begin Relative custodian. new text end

new text begin "Relative custodian" means a person to whom
permanent legal and physical custody of a child has been transferred under section
260C.201, subdivision 11, 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 Supplemental difficulty of care rate. new text end

new text begin "Supplemental difficulty of care
rate" means the supplemental rating, if any, as determined by the legally responsible
agency or the state, based upon an assessment under section 256O.240. The supplemental
rate supports activities consistent with the care a parent would provide a child with special
needs and not the equivalent of a purchased service. The rate considers the capacity
and intensity of the activities associated with parenting duties provided in the home to
nurture the child, preserve the child's connections, and support the child's functioning in
the home and community.
new text end

Sec. 10.

new text begin [256O.200] NORTHSTAR CARE FOR CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin A child is eligible for Northstar Care for Children if
the child is eligible for:
new text end

new text begin (1) guardianship assistance under section 256O.220; or
new text end

new text begin (2) adoption assistance under section 256O.230.
new text end

new text begin Subd. 2. new text end

new text begin Assessments and agreements. new text end

new text begin A child eligible for Northstar Care for
Children shall receive an assessment under section 256O.240. For a child eligible for
guardianship assistance or adoption assistance, negotiations with caregivers and the
development of a written, binding agreement must be conducted under section 256O.240.
new text end

new text begin Subd. 3. new text end

new text begin Benefits and payments. new text end

new text begin A child eligible for Northstar Care for Children
is entitled to benefits specified in section 256O.250, based primarily on assessments,
negotiations, and agreements under section 256O.240. Although paid to the caregiver,
these benefits are considered benefits of the child rather than of the caregiver.
new text end

new text begin Subd. 4. new text end

new text begin Shared cost of care. new text end

new text begin The cost of Northstar Care for Children must be
shared among the federal government, state, counties of financial responsibility, and
certain tribes as specified in section 256O.260.
new text end

new text begin Subd. 5. new text end

new text begin Administration and appeals. new text end

new text begin The commissioner and legally responsible
agency shall administer Northstar Care for Children according to section 256O.270. The
notification and fair hearing process is defined in section 256O.270.
new text end

new text begin Subd. 6. new text end

new text begin Transition. new text end

new text begin Provisions for the transition to Northstar Care for Children are
specified in sections 256O.240, subdivision 13, and 256O.270, subdivisions 2 and 7 to 10.
Additional provisions for children in relative custody assistance under section 257.85 are
specified in section 256O.220, subdivision 8; and for children in adoption assistance under
section 259.67 are specified in section 256O.230, subdivision 14.
new text end

Sec. 11.

new text begin [256O.220] GUARDIANSHIP ASSISTANCE ELIGIBILITY.
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 guardianship
assistance, there must be a judicial determination under section 260C.201, subdivision 11,
paragraph (c), that a transfer of permanent legal and physical custody to a relative or, for
a child under tribal 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, is in the child's
best interest. Additionally, a child must:
new text end

new text begin (1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;
new text end

new text begin (2)(i) have resided in foster care for at least six consecutive months in the home
of the prospective relative custodian; or
new text end

new text begin (ii) have received an exemption from the requirement in item (i) from the court based
on a determination that an expedited move to permanency is in the child's best interest;
new text end

new text begin (3) meet the judicial determination regarding permanency requirements in
subdivision 2;
new text end

new text begin (4) meet the applicable citizenship and immigration requirements in subdivision
3; and
new text end

new text begin (5) have been consulted regarding the proposed transfer of permanent legal and
physical custody to a relative, if the child has attained 14 years of age or is expected to
attain 14 years of age prior to the transfer of permanent legal and physical custody.
new text end

new text begin (b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.
new text end

new text begin (c) The legally responsible agency shall make a title IV-E guardianship assistance
eligibility determination for each child. To be eligible for title IV-E guardianship
assistance, a child must also meet any additional criteria specified in section 473(d) of
the Social Security Act. A child who meets all eligibility criteria, except those specific
to title IV-E guardianship assistance, is entitled to guardianship assistance paid through
state funds.
new text end

new text begin Subd. 2. new text end

new text begin Judicial determinations regarding permanency. new text end

new text begin To be eligible for
guardianship assistance, the following judicial determinations regarding permanency must
be made for the child prior to the transfer of permanent legal and physical custody:
new text end

new text begin (1) a judicial determination that reunification and adoption are not appropriate
permanency options for the child; and
new text end

new text begin (2) a judicial determination that the child demonstrates a strong attachment to the
prospective relative custodian and the relative custodian has a strong commitment to
caring permanently for the child.
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 guardianship assistance.
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
guardianship 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 must be completed on each
prospective relative custodian. If a background study on the prospective relative custodian
was previously completed under section 245A.04 for the purposes of foster care licensure,
that background study may be used for the purposes of this section, provided that the
background study is current at the time of the application for guardianship assistance.
If the background study reveals:
new text end

new text begin (1) a felony conviction at any time for child abuse or neglect;
new text end

new text begin (2) spousal abuse;
new text end

new text begin (3) a crime against children, including child pornography;
new text end

new text begin (4) 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 (5) a felony conviction within the past five years for physical assault, battery, or a
drug-related offense,
new text end

new text begin the prospective relative custodian is prohibited from receiving title IV-E guardianship
assistance payments on behalf of an otherwise eligible child.
new text end

new text begin (b) An otherwise eligible prospective relative custodian who possesses one of the
felony convictions in paragraph (a) may receive state-funded guardianship assistance
payments on behalf of an otherwise eligible child if the court has made a judicial
determination that:
new text end

new text begin (1) the legally responsible agency has thoroughly reviewed the felony conviction
and has considered the impact, if any, that the conviction may have on the child's safety,
well-being, and permanency;
new text end

new text begin (2) the conviction likely does not pose a current or future safety risk to the child;
new text end

new text begin (3) there is no other available permanency resource that is appropriate for the
child; and
new text end

new text begin (4) the proposed transfer of permanent legal and physical custody is in the child's
best interest.
new text end

new text begin Subd. 5. new text end

new text begin Residency. new text end

new text begin A child placed in the state from another state or a tribe outside
the state is not eligible for state-funded guardianship assistance through the state. A child
placed in the state from another state or a tribe outside of the state may be eligible for title
IV-E guardianship assistance through the state if all eligibility factors are met and there is
no state agency that has responsibility for placement and care of the child.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin A child with a guardianship assistance agreement under
Northstar Care for Children is not eligible for the MFIP child-only grant under section
256J.88.
new text end

new text begin Subd. 7. new text end

new text begin Termination. new text end

new text begin (a) A guardianship assistance agreement terminates in any
of the following circumstances:
new text end

new text begin (1) the child reaches the age of 18;
new text end

new text begin (2) the commissioner determines that the relative custodian is no longer legally
responsible for support of the child;
new text end

new text begin (3) the commissioner determines that the relative custodian is no longer providing
financial support to the child;
new text end

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

new text begin (5) the relative custodian requests termination of the guardianship assistance
agreement in writing.
new text end

new text begin (b) A relative custodian is considered no longer legally responsible for support of
the child in any of the following circumstances:
new text end

new text begin (1) permanent legal and physical custody of the child is transferred to another
individual;
new text end

new text begin (2) death of the relative custodian;
new text end

new text begin (3) enlistment of the child in the military;
new text end

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

new text begin (5) emancipation of the child through legal action of another state.
new text end

new text begin Subd. 8. new text end

new text begin Transitioning in from pre-2011. new text end

new text begin Effective December 31, 2010, all relative
custody assistance agreements under section 257.85 must terminate. A child who has a
relative custody assistance agreement executed on the child's behalf under section 257.85
on or before November 24, 2010, is eligible for Northstar Care for Children beginning
January 1, 2011, provided that all parties have signed the guardianship assistance
agreement on or before that date. All eligible children shall be assessed according to
section 256O.240 and transitioned into Northstar Care for Children according to the
process in section 256O.270. Effective November 25, 2010, a child who meets the
eligibility criteria for guardianship assistance in subdivision 1, may have a guardianship
assistance agreement negotiated on the child's behalf according to section 256O.240,
and the effective date of the agreement is January 1, 2011, or the date of the court order
transferring permanent legal and physical custody, whichever is later.
new text end

Sec. 12.

new text begin [256O.230] ADOPTION ASSISTANCE ELIGIBILITY.
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 tribe, and be either under the guardianship of the
commissioner or under the jurisdiction of a Minnesota tribe and adoption according to
tribal law is the child's documented permanency plan.
new text end

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

new text begin (c) The legally responsible agency shall make a title IV-E adoption assistance
eligibility determination for each child. A child who meets all eligibility criteria, except
those specific to title IV-E adoption assistance, shall receive adoption assistance paid
through state funds.
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 following criteria in paragraphs (b) to (d) 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) a court-ordered termination of parental rights;
new text end

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

new text begin (3) a consent to adopt accepted by the court under sections 260C.201, subdivision
11, and 259.24;
new text end

new text begin (4) in circumstances when 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) a 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) the death of the legal parent.
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) a 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) a documented physical, mental, emotional, or behavioral disability not covered
under clause (1);
new text end

new text begin (3) membership 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 another child
born of the same mother or father for whom they receive adoption assistance; or
new text end

new text begin (5) documentation that the child is an at-risk child according to subdivision 7.
new text end

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

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

new text begin (ii) a determination by the commissioner that such a search would not be in the best
interests of the child; and
new text end

new text begin (2) a written statement from the identified prospective adoptive parents that they are
either unwilling or unable to adopt the child without adoption assistance.
new text end

new text begin (e) To meet the requirement of a documented search for an appropriate adoptive
placement under paragraph (d), clause (1), item (i), the placing agency minimally shall:
new text end

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

new text begin (2) for an Indian child covered by the Indian Child Welfare Act, comply with the
placement preferences identified in the Indian Child Welfare Act and the Minnesota Indian
Family Preservation Act; and
new text end

new text begin (3) review all families approved for adoption who are associated with the placing
agency.
new text end

new text begin If the review of families associated with the placing agency results in the identification
of an appropriate adoptive placement for the child, the placing agency must provide
documentation of the placement decision to the commissioner as part of the application
for adoption assistance. If two or more appropriate families are not approved or available
within the placing agency, the agency shall locate additional prospective adoptive families
by registering the child with the state adoption exchange, as defined in section 259.75. If
registration with the state adoption exchange does not result in an appropriate family for
the child, the agency shall employ other recruitment methods as outlined in recruitment
policies and procedures prescribed by the commissioner, to meet this requirement.
new text end

new text begin (f) The requirement for a documented search for an appropriate adoptive placement
including a review of all families approved for adoption that are associated with the
placing agency, registration of the child with the state adoption exchange, and additional
recruitment methods must be waived if:
new text end

new text begin (1) the child is being adopted by a relative;
new text end

new text begin (2) the child is being adopted by foster parents with whom the child has developed
significant emotional ties while in the foster parents' care as a foster child; or
new text end

new text begin (3) the child is being adopted by a family that previously adopted a child of the
same mother or father;
new text end

new text begin and the court determines that adoption by the identified family is in the child's best interest.
For an Indian child covered by the Indian Child Welfare Act, a waiver must not be granted
unless the placing agency has complied with the placement preferences identified in the
Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
new text end

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

new text begin (1) a felony conviction at any time for child abuse or neglect;
new text end

new text begin (2) spousal abuse;
new text end

new text begin (3) a crime against children, including child pornography;
new text end

new text begin (4) 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 (5) a felony conviction within the past five years for physical assault, battery, or a
drug-related offense,
new text end

new text begin the adoptive parent is prohibited from receiving title IV-E adoption assistance on behalf of
an otherwise eligible child.
new text end

new text begin (b) A prospective adoptive parent who possesses one of the felony convictions in
paragraph (a) may receive state-funded adoption assistance on behalf of an otherwise
eligible child if the court has made a judicial determination that:
new text end

new text begin (1) the legally responsible agency has thoroughly reviewed the felony conviction
and has considered the impact, if any, that the conviction may have on the child's safety,
well-being, and permanency;
new text end

new text begin (2) the conviction likely does not pose a current or future safety risk to the child;
new text end

new text begin (3) there is no other available permanency resource that is appropriate for the
child; and
new text end

new text begin (4) the adoptive placement is in the child's best interest.
new text end

new text begin Subd. 5. new text end

new text begin Residency. new text end

new text begin A child placed in the state from another state or a tribe outside
the state is not eligible for state-funded adoption assistance through the state. A child
placed in the state from another state or a tribe outside of the state may be eligible for title
IV-E adoption assistance through the state of Minnesota if all eligibility factors are met
and there is no state agency that has responsibility for placement and care of the child.
new text end

new text begin Subd. 6. new text end

new text begin Exceptions and exclusions. new text end

new text begin Payments for adoption assistance must
not be made to a biological parent of the child or a stepparent who adopts the child.
Direct placement adoptions under section 259.47 or the equivalent in tribal code are
not eligible for state-funded adoption assistance. A child who is adopted by the child's
legal custodian or guardian is not eligible for state-funded adoption assistance. A child
who is adopted by the child's legal custodian or guardian may be eligible for title IV-E
adoption assistance if all required eligibility factors are met. International adoptions are
not eligible for adoption assistance unless the adopted child has been placed into foster
care through the public child welfare system subsequent to the failure of the adoption,
and all required eligibility factors are met.
new text end

new text begin Subd. 7. new text end

new text begin Documentation. new text end

new text begin (a) Documentation must be provided to verify that a child
meets the special needs criteria in subdivision 2.
new text end

new text begin (b) Documentation of the disability is limited to evidence deemed appropriate by
the commissioner.
new text end

new text begin (c) To qualify as being an at-risk child, the placing agency shall provide to the
commissioner one or more of the following:
new text end

new text begin (1) documented information in a county or tribal social service department record or
court record that a relative within the first or second degree has a medical diagnosis or
medical history, including diagnosis of a significant mental health or chemical dependency
issue, which could result in the child's development of a disability during childhood;
new text end

new text begin (2) documented information that while in the public child welfare system, the child
has experienced three or more placements with extended family or different foster homes
that could affect the normal attachment process;
new text end

new text begin (3) documented evidence in a county or tribal social service department record that
the child experienced neglect in the first three years of life or sustained physical injury,
sexual abuse, or physical disease that could have a long-term effect on physical, emotional
or mental development; or
new text end

new text begin (4) documented evidence in a medical or hospital record, law enforcement record,
county or tribal social service department record, court record, or record of an agency
under a contract with a county social service agency or the state to provide child welfare
services that the birth mother used drugs or alcohol during pregnancy which could later
result in the child's development of a disability.
new text end

new text begin Subd. 8. new text end

new text begin Termination. new text end

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

new text begin (1) the child attains the age of 18, unless an extension according to subdivisions 10
to 13 are applied for by the adoptive parents and granted by the commissioner;
new text end

new text begin (2) the commissioner determines that the adoptive parents are no longer legally
responsible for support of the child;
new text end

new text begin (3) the commissioner determines that the adoptive parents are no longer providing
financial support to the child;
new text end

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

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

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

new text begin (5) marriage of the child; or
new text end

new text begin (6) emancipation of the child through legal action of another state.
new text end

new text begin Subd. 9. new text end

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

new text begin (a) The adoption
assistance agreement ends upon death or termination of parental rights of both of the
adoptive parents, in the case of a two-parent adoption, or the sole adoptive parent, in the
case of a single-parent adoption, but the child maintains eligibility for state-funded or 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 described in
subdivision 2;
new text end

new text begin (2) the subsequent adoptive parents reside in the state of Minnesota; and
new text end

new text begin (3) no state agency outside the state has responsibility for placement and care of the
child at the time of the subsequent adoption.
new text end

new text begin (b) According to federal regulations, if the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parents or dissolution of the adoption, and a
state agency outside of the state of Minnesota has responsibility for placement and care of
the child at the time of the subsequent adoption, the state of Minnesota 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.
new text end

new text begin (c) According to federal regulations, if the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parents or dissolution of the adoption, the
subsequent adoptive parents reside outside of the state of Minnesota, and no state agency
has responsibility for placement and care of the child at the time of the subsequent
adoption, the state of Minnesota 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.
new text end

new text begin Subd. 10. new text end

new text begin Extension, past age 18. new text end

new text begin Under certain limited circumstances, a child may
qualify for extension of the adoption assistance agreement beyond the date the child attains
age 18. An application for extension must be completed and submitted by the adoptive
parent at least 90 days prior to the date the child attains age 18, unless the child's adoption
is scheduled to finalize less than 90 days prior to that date, in which case the application
for extension must be completed and submitted with the adoption assistance application.
The application for extension shall be made on forms established by the commissioner and
shall include documentation of eligibility as specified by the commissioner.
new text end

new text begin Subd. 11. new text end

new text begin Extension based on a continuing physical or mental disability. new text end

new text begin (a)
Extensions based on a child's continuing physical or mental disability must be applied for
prior to the date the child attains age 18. The commissioner must not grant an extension on
this basis if an extension based on continued enrollment in a secondary education program
or being a child whose adoption finalized after age 16 was previously granted for the child.
new text end

new text begin (b) A child is eligible for extension of the adoption assistance agreement to the date
the child attains age 21 if the following criteria are met:
new text end

new text begin (1) the child has a mental or physical disability upon which eligibility for adoption
assistance was based which warrants the continuation of assistance;
new text end

new text begin (2) the child is unable to obtain self-sustaining employment due to the
aforementioned mental or physical disability; and
new text end

new text begin (3) the child needs significantly more care and support than what is typical for an
individual of the same age.
new text end

new text begin Subd. 12. new text end

new text begin Extension based on continued enrollment in a secondary education
program. new text end

new text begin (a) If a child does not qualify for extension based on a continuing physical or
mental disability, or a parent chooses not to apply for an extension on that basis, the
adoptive parents may make an application for continuation of adoption assistance based
on enrollment in a secondary education program.
new text end

new text begin (b) If a child is enrolled full time in a secondary education program or a program
leading to an equivalent credential, the child is eligible for extension to the expected
graduation date or the date the child attains age 19, whichever is earlier. If a child receives
a school-based extension and at any time ceases to be enrolled in a full-time secondary
education program or a program leading to an equivalent credential, the adoptive parents
must notify the commissioner and the agreement must terminate.
new text end

new text begin (c) Extensions based on continuation in a secondary education program must be paid
from state funds only, unless the child meets the extension criteria in subdivision 13.
new text end

new text begin Subd. 13. new text end

new text begin Extension for children whose adoption finalized after age 16. new text end

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

new text begin (1) completing a secondary education program or a program leading to an equivalent
credential;
new text end

new text begin (2) enrolled in an institution which provides postsecondary or vocational education;
new text end

new text begin (3) participating in a program or activity designed to promote or remove barriers to
employment;
new text end

new text begin (4) employed for at least 80 hours per month; or
new text end

new text begin (5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition, which incapability is supported by regularly updated information in
the case plan of the child.
new text end

new text begin Subd. 14. new text end

new text begin Transitioning in from pre-2011. new text end

new text begin A child who has an adoption assistance
agreement executed on their behalf under section 259.67 on or before November 24, 2010,
is eligible for Northstar Care for Children beginning January 1, 2011, provided that all
parties have signed the renegotiated adoption assistance agreement on or before that date.
The adoption assistance agreement of eligible children whose adoptive parents decide to
opt in to Northstar Care for Children must be renegotiated according to the process in
section 256O.270. All eligible children whose adoptive parents decide to renegotiate
their adoption assistance agreement under Northstar Care for Children must be assessed
according to section 256O.240 and then transitioned into Northstar Care for Children
according to the process in section 256O.270. Effective November 25, 2010, a child
who meets the eligibility criteria for adoption assistance in subdivision 1 may have an
adoption assistance agreement negotiated on their behalf according to section 256O.240,
and the effective date of the agreement is January 1, 2011, or the date of the court order
finalizing the adoption, whichever is later.
new text end

Sec. 13.

new text begin [256O.240] ASSESSMENTS AND AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment. new text end

new text begin Every child eligible under sections 256O.220 and
256O.230 must be assessed to determine the benefits the child may receive under section
256O.250 according to the tool, process, and requirements specified in subdivision 2. A
child eligible for guardianship assistance under section 256O.220 or adoption assistance
under section 256O.230 who is determined to be an at-risk child must be assessed at level
A under section 256O.250, subdivision 1. All other children shall be assessed at the basic
level, level B, or one of ten supplemental difficulty of care levels, levels C to L.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner to establish the assessment tool, process, and
requirements. new text end

new text begin Consistent with sections 256O.001 to 256O.270, the commissioner
shall establish the tool to be used and the process to be followed, including appropriate
documentation and other requirements, when conducting the assessment of children
entering or continuing in Northstar Care for Children. The assessment tool must take
into consideration the needs of the child and the ability of the caregiver to meet the
child's needs.
new text end

new text begin Subd. 3. new text end

new text begin Child care component of the assessment. new text end

new text begin (a) The assessment tool
established under subdivision 2 must include consideration of the caregiver's need for
child care according to this subdivision. Prior to including consideration of the caregiver's
need for child care on the child's assessment, prospective adoptive parents or relative
custodians shall apply to the child care assistance program under chapter 119B.
new text end

new text begin (b) The child's assessment must include consideration of the caregiver's need for
child care if all the following criteria are met:
new text end

new text begin (1) the child has not attained the age of 13;
new text end

new text begin (2) all available adult caregivers are employed or attending training or educational
programs;
new text end

new text begin (3) the caregiver has applied for the child care assistance program under paragraph
(a); and
new text end

new text begin (4) child care assistance under chapter 119B is not received for the child.
new text end

new text begin Consideration of the caregiver's need for child care may be included on the child's
assessment for caregivers who are wait-listed for child care assistance or are eligible for
child care assistance but choose not to receive it.
new text end

new text begin (c) The level determined by the balance of the assessment must be adjusted based on
the number of hours of child care needed each week due to employment or attending a
training or educational program as follows:
new text end

new text begin (1) less than ten hours or if the caregiver is participating in the child care assistance
program under chapter 119B, no adjustment;
new text end

new text begin (2) ten to 19 hours, increase one level;
new text end

new text begin (3) 20 to 29 hours, increase two levels;
new text end

new text begin (4) 30 to 39 hours, increase three levels; and
new text end

new text begin (5) 40 or more hours, increase four levels.
new text end

new text begin (d) When the child attains the age of 13, the level shall revert to the level assessed
for the child prior to any consideration of the caregiver's need for child care.
new text end

new text begin Subd. 4. new text end

new text begin Timing of initial assessment. new text end

new text begin For an eligible child entering Northstar
Care for Children who is not part of the transition group under subdivision 13, the initial
assessment must be completed prior to the establishment of a guardianship assistance or
adoption assistance agreement on behalf of the child, if an initial assessment is required
under subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Completing the assessment. new text end

new text begin (a) The assessment must be completed in
consultation with the child's caregiver. Face-to-face contact with the caregiver is not
required to complete the assessment.
new text end

new text begin (b) For children eligible for guardianship assistance under section 256O.220, a
new assessment is required as part of the negotiation of the guardianship assistance
agreement if:
new text end

new text begin (1) the child is determined to be an at-risk child;
new text end

new text begin (2) the child was not placed in foster care with the proposed relative custodian
immediately prior to the negotiation of the guardianship assistance agreement under
subdivision 10; or
new text end

new text begin (3) any requirement for reassessment under subdivision 7 is met.
new text end

new text begin If a new assessment is required prior to the effective date of the guardianship assistance
agreement, the new assessment must be completed by the county of financial responsibility
or, for children in the American Indian Child Welfare Initiative, the responsible tribal
social service agency authorized in section 256.01, subdivision 14b. If reassessment
is required after the effective date of the guardianship assistance agreement, the new
assessment must be completed by the commissioner or the commissioner's designee. If
the proposed relative custodian is unable or unwilling to cooperate with the assessment
process, the child must be assessed at the basic level, level B under section 256O.250,
subdivision 3, unless the child is known to be an at-risk child, in which case, the child
must be assessed at level A under section 256O.250, subdivision 1. Notice to the proposed
relative custodian must be provided as specified in subdivision 9.
new text end

new text begin (c) For children eligible for adoption assistance under section 256O.230, a new
assessment is required as part of the negotiation of the adoption assistance agreement if:
new text end

new text begin (1) the child is determined to be an at-risk child;
new text end

new text begin (2) the child was not placed in foster care with the prospective adoptive parent
immediately prior to the negotiation of the adoption assistance agreement under
subdivision 10; or
new text end

new text begin (3) any requirement for reassessment under subdivision 7 is met.
new text end

new text begin If a new assessment is required prior to the effective date of the adoption assistance
agreement, it must be completed by the county of financial responsibility or, for children
in the American Indian Child Welfare Initiative, the responsible tribal social service
agency authorized in section 256.01, subdivision 14b. If there is no county of financial
responsibility and the child is not in the American Indian Child Welfare Initiative, or the
financially responsible agency is not a county social service or tribal agency in the state,
the assessment must be completed by the agency designated by the commissioner. If
reassessment is required after the effective date of the adoption assistance agreement, it
must be completed by the commissioner or the commissioner's designee. If the prospective
adoptive parent is unable or unwilling to cooperate with the assessment process, the child
must be assessed at the basic level, level B under section 256O.250, subdivision 3, unless
the child is known to be an at-risk child, in which case, the child shall be assessed at level
A under section 256O.250, subdivision 1. Notice to the prospective adoptive parent must
be provided as specified in subdivision 9.
new text end

new text begin Subd. 6. new text end

new text begin Approval of assessments and reassessments. new text end

new text begin Each legally responsible
agency shall designate one or more staff to examine and approve completed assessments
and reassessments. The staff person approving the assessments and reassessments must
not be the case manger or staff member completing the forms. The new rate is effective
the calendar month that the assessment is approved or the effective date of the agreement,
whichever is later.
new text end

new text begin Subd. 7. new text end

new text begin Timing of reassessments and requests for reassessments. new text end

new text begin For an eligible
child, reassessments must be completed within 30 days of the request of the commissioner,
or the request of the caregiver under subdivision 8.
new text end

new text begin Subd. 8. new text end

new text begin Caregiver requests for reassessments. new text end

new text begin (a) For an eligible child, a
caregiver may initiate a reassessment request in writing to the commissioner, or the
commissioner's designee for adoption assistance and guardianship assistance cases. The
written request must include the reason for the request and the name, address, and contact
information of the caregivers. For an eligible child with a guardianship assistance or
adoption assistance agreement, the caregiver may request a reassessment if at least six
months have elapsed since any previously requested review.
new text end

new text begin (b) A caregiver may request a reassessment of an at-risk child for whom a
guardianship assistance or adoption assistance agreement has been executed if the
caregiver has written professional documentation that the potential disability upon which
eligibility for the agreement was based has manifested itself.
new text end

new text begin (c) If the reassessment cannot be completed within 30 days of the caregiver's request,
the agency responsible for reassessment shall notify the caregiver of the reason for the
delay and a reasonable estimate of when the reassessment can be completed.
new text end

new text begin (d) If the child's caregiver is unable or unwilling to cooperate with the reassessment,
the child must be assessed at level B under section 256O.250, subdivision 3, unless the
child has an adoption assistance or guardianship assistance agreement in place and is
known to be an at-risk child, in which case, the child shall be assessed at level A under
section 256O.250, subdivision 1. Within 60 days of the caregiver demonstrating they are
able or willing to cooperate with the assessment or reassessment process, the reassessment
for the child must be completed.
new text end

new text begin Subd. 9. new text end

new text begin Notice for caregiver. new text end

new text begin (a) The agency responsible for completing the
assessment shall provide the child's caregiver with written notice of the initial assessment
or reassessment.
new text end

new text begin (b) Initial assessment notices must be sent within 15 days of completion of the initial
assessment and must minimally include the following:
new text end

new text begin (1) a summary of the completed child's individual assessment used to determine
the rating;
new text end

new text begin (2) statement of rating and benefit level;
new text end

new text begin (3) statement of the circumstances under which the agency shall reassess the child;
new text end

new text begin (4) procedure to seek reassessment;
new text end

new text begin (5) notice that the caregiver has the right to a fair hearing review of the assessment
and how to request a fair hearing, consistent with section 256.045, subdivision 3; and
new text end

new text begin (6) name, telephone number, and, if available, electronic address of a contact person
at the responsible agency or state.
new text end

new text begin (c) Reassessment notices must be sent within 15 days of the completion of the
reassessment and must minimally include the following:
new text end

new text begin (1) a summary of the completed child's individual assessment used to determine
the new rating;
new text end

new text begin (2) any change in rating and its effective date;
new text end

new text begin (3) procedure to seek reassessment;
new text end

new text begin (4) notice that if a change in rating results in a reduction of benefits, the caregiver
has the right to a fair hearing review of the assessment and how to request a fair hearing
consistent with section 256.045, subdivision 3;
new text end

new text begin (5) notice that a caregiver who requests a fair hearing of the reassessed rating within
ten days may continue at the current rate pending the hearing, but the agency may recover
any overpayment; and
new text end

new text begin (6) name, telephone number, and, if available, electronic address of a contact person
at the responsible agency or state.
new text end

new text begin Subd. 10. new text end

new text begin Agreements. new text end

new text begin (a) In order to receive guardianship assistance or adoption
assistance benefits, a written, binding agreement on a form approved by the commissioner
must be established prior to finalization of the adoption or a transfer of permanent legal
and physical custody. The agreement must be negotiated with the caregivers according
to subdivision 11. The caregivers and the commissioner or the commissioner's designee
must sign the agreement. A copy of the signed agreement must be given to each party.
Termination or disruption of the preadoptive placement prior to finalization or the foster
care placement preceding assignment of custody makes the agreement with that family
void.
new text end

new text begin (b) 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 such 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
or obtaining permanent legal and physical custody of 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 must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents 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 (c) The effective date of the guardianship assistance agreement is the date of the
court order that transfers permanent legal and physical custody to the relative.
new text end

new text begin (d)(1) For a child who receives Supplementary Security Income (SSI), Retirement,
Survivors, and Disability Insurance (RSDI), veteran's benefits, railroad retirement benefits,
or black lung benefits, the effective date of the adoption assistance agreement is the date
that the adoption is finalized.
new text end

new text begin (2) For a child who does not receive SSI, RSDI, veteran's benefits, railroad
retirement benefits, or black lung benefits, and who has been in the prospective adoptive
parents' home as a foster child for at least six consecutive months prior to adoption
placement, the effective date of the agreement is the date of adoptive placement or the
date that the agreement is signed by all parties, whichever is later.
new text end

new text begin (3) For a child who does not receive SSI, RSDI, veteran's benefits, railroad
retirement benefits, or black lung benefits, and who has been in the prospective adoptive
parents' home as a foster child for less than six consecutive months prior to adoptive
placement, the effective date of the agreement is the date that the child has resided in the
prospective adoptive parents' home as a foster child for at least six consecutive months
or the date the adoption is finalized, whichever is earlier.
new text end

new text begin Subd. 11. new text end

new text begin Negotiation of the agreement. new text end

new text begin (a) A monthly payment is provided
as part of the adoption assistance or guardianship assistance agreement to support the
care of children who have manifested special needs. The amount of the payment made
on behalf of children eligible for guardianship assistance or adoption assistance is
determined through agreement between the relative custodian or the adoptive parent and
the commissioner or the commissioner's designee, using the assessment tool established
by the commissioner in subdivision 2 and the associated benefit and payments in section
256O.250. The monthly payment under a guardianship assistance agreement or adoption
assistance agreement may be negotiated up to the monthly benefit level under foster care.
In no case may the amount of the payment under a guardianship assistance agreement or
adoption assistance agreement exceed the foster care maintenance payment which would
have been paid during the month if the child with respect to whom the guardianship
assistance or adoption assistance payment is made had been in a foster family home
in the state. The income of the relative custodian or adoptive parent must not be taken
into consideration when determining eligibility for guardianship assistance or adoption
assistance or the amount of the payments under section 256O.250. With the concurrence
of the relative custodian or adoptive parent, the amount of the payment may be adjusted
periodically using the assessment tool established by the commissioner in subdivision 2
and the agreement renegotiated under subdivision 12 when there is a change in the child's
needs or the family's circumstances.
new text end

new text begin (b) The guardianship assistance or 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 manifests itself, as documented by an appropriate professional, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly. A relative custodian or adoptive parent of an at-risk child with a guardianship
assistance or adoption assistance agreement may request a reassessment of the child under
subdivision 8 and renegotiation of the guardianship assistance or adoption assistance
agreement under subdivision 12 to include a monthly payment, if the caregiver has written
professional documentation that the potential disability upon which eligibility for the
agreement was based has manifested itself. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner.
new text end

new text begin (c)(1) The initial amount of the monthly guardianship assistance payment must be
equivalent to the foster care rate in effect at the time that the agreement is signed less
any offsets in section 256O.250, subdivision 8, or a lesser negotiated amount if agreed
to by the prospective relative custodian and specified in that agreement, unless the child
is identified as an at-risk child.
new text end

new text begin (2) An at-risk child must be assigned level A according to section 256O.250
and there shall be no monthly guardianship assistance payment unless and until the
potential disability manifests itself, as documented by an appropriate professional, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly.
new text end

new text begin (d)(1) For a child in foster care with the prospective adoptive parent immediately
prior to adoptive placement, the initial amount of the monthly adoption assistance payment
must be equivalent to the foster care rate in effect at the time that the agreement is signed
less any offsets in section 256O.250, subdivision 8, or a lesser negotiated amount if agreed
to by the prospective adoptive parents and specified in that agreement, unless the child
is identified as an at-risk child.
new text end

new text begin (2) An at-risk child must be assigned level A according to section 256O.250 and there
must be no monthly adoption assistance payment unless and until the potential disability
manifests itself, as documented by an appropriate professional, and the commissioner
authorizes commencement of payment by modifying the agreement accordingly.
new text end

new text begin (3) For children who are in the guardianship assistance program immediately prior
to adoptive placement, the initial amount of the adoption assistance payment must be
equivalent to the guardianship assistance payment in effect at the time that the adoption
assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive
parent and specified in that agreement.
new text end

new text begin (4) For children who are not in foster care placement or the guardianship assistance
program immediately prior to adoptive placement or negotiation of the adoption assistance
agreement, the initial amount of the adoption assistance agreement must be determined
using the assessment tool and process in this section and the corresponding payment
amount in section 256O.250.
new text end

new text begin Subd. 12. new text end

new text begin Renegotiation of the agreement. new text end

new text begin (a) A relative custodian or adoptive
parent of a child with a guardianship assistance or 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 a relative custodian or adoptive parent requests
renegotiation of the agreement, a reassessment of the child must be completed consistent
with section 256O.240. If the reassessment indicates that the child's level has changed,
the commissioner or the commissioner's designee and the caregiver shall renegotiate
the agreement to include a payment with the level determined through the reassessment
process. The agreement must not be renegotiated unless the commissioner and the
caregiver mutually agree to the changes. The effective date of any renegotiated agreement
must be determined by the commissioner.
new text end

new text begin (b) A relative custodian or adoptive parent of an at-risk child with a guardianship
assistance or adoption assistance agreement may request renegotiation of the agreement to
include a monthly payment, if the caregiver has written professional documentation that
the potential disability upon which eligibility for the agreement was based has manifested
itself. 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 according to subdivision 8. The reassessment must be used to renegotiate
the agreement to include an appropriate monthly payment. The agreement shall not be
renegotiated unless the commissioner and the caregiver mutually agree to the changes.
The effective date of any renegotiated agreement shall be determined by the commissioner.
new text end

new text begin Subd. 13. new text end

new text begin Transition assessments. new text end

new text begin (a) For a child who might transition into
Northstar Care for Children, section 256O.220, subdivision 8; or 256O.230, subdivision
14, initial transition assessments must be completed between May 1, 2010, and December
31, 2010.
new text end

new text begin (b) Children with relative custody assistance agreements under section 257.85 that
are effective prior to May 1, 2010, shall have initial transition assessments completed
between May 1 and December 31, 2010. Children with relative custody assistance
agreements between May 1, 2010, and November 24, 2010, shall have an initial transition
assessment completed as the agreement is being established in conjunction with the
supplemental maintenance needs assessment and other required relative custody assistance
paperwork under section 257.85.
new text end

new text begin (c) Children with adoption assistance agreements negotiated under section
259.67 and submitted to the commissioner for review and approval on or before April
30, 2010, who might transition into Northstar Care for Children, shall have initial
transition assessments completed by August 31, 2010. Children with adoption assistance
agreements negotiated under section 259.67 and submitted to the commissioner for
review and approval between May 1, 2010, and November 24, 2010, shall have an initial
transition assessment completed in conjunction with the supplemental maintenance needs
assessment and other required adoption assistance paperwork under section 259.67.
new text end

new text begin (d) If the child's caregiver is unable or unwilling to cooperate with the initial
transition assessment process, the child shall be assessed at the basic level, level B under
section 256O.250, subdivision 3, unless the child is known to be an at-risk child, in
which case the child shall be assessed at level A under section 256O.250, subdivision 1.
Within 60 days of the caregiver indicating they are able or willing to cooperate with the
assessment process, the commissioner or the commissioner's designee shall complete a
reassessment for the child.
new text end

new text begin (e) If the child's caregiver cannot be located to complete the initial transition
assessment process according to the time frames outlined in this section, the child shall
be assessed at the basic level, level B under section 256O.250, subdivision 3, unless the
child is known to be an at-risk child, in which case the child shall be assessed at level A
under section 256O.250, subdivision 1. Within 60 days of locating the caregiver, the
commissioner or the commissioner's designee shall complete a reassessment for the child.
new text end

Sec. 14.

new text begin [256O.250] BENEFITS AND PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Benefits. new text end

new text begin There are three potential benefits available under Northstar
Care for Children: medical assistance, basic payment, and supplemental difficulty of care
payment. An eligible child receives medical assistance under subdivision 2. An eligible
child receives the basic payment under subdivision 3, except for those assigned level A
because they are determined to be at-risk children in guardianship assistance or adoption
assistance. An eligible child may receive an additional supplemental difficulty of care
payment under subdivision 4, as determined by the assessment under section 256O.240.
new text end

new text begin Subd. 2. new text end

new text begin Medical assistance. new text end

new text begin Eligibility for medical assistance under this chapter
continues to be determined according to section 256B.055.
new text end

new text begin Subd. 3. new text end

new text begin Basic monthly rate. new text end

new text begin For the period January 1, 2011, to June 30, 2012, the
basic monthly rate is according to the following schedule:
new text end

	new text begin Ages 0-5 new text end	new text begin $500 per month new text end
	new text begin Ages 6-12 new text end	new text begin $600 per month new text end
	new text begin Ages 13 and older new text end	new text begin $713 per month. new text end

new text begin Subd. 4. new text end

new text begin Difficulty of care supplemental monthly rate. new text end

new text begin For the period January 1,
2011, to June 30, 2012, the difficulty of care supplemental monthly rate is according to
the following schedule:
new text end

	new text begin level B new text end	new text begin none new text end
	new text begin level C new text end	new text begin $55 per month new text end
	new text begin level D new text end	new text begin $110 per month new text end
	new text begin level E new text end	new text begin $165 per month new text end
	new text begin level F new text end	new text begin $220 per month new text end
	new text begin level G new text end	new text begin $275 per month new text end
	new text begin level H new text end	new text begin $330 per month new text end
	new text begin level I new text end	new text begin $385 per month new text end
	new text begin level J new text end	new text begin $440 per month new text end
	new text begin level K new text end	new text begin $495 per month new text end
	new text begin level L new text end	new text begin $550 per month. new text end

new text begin A child assigned level B is still eligible for basic monthly rate under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Daily rates. new text end

new text begin The commissioner shall establish prorated daily rates to the
nearest cent for the monthly rates under subdivisions 3 and 4. Daily rates must be routinely
used when a partial month is involved for guardianship assistance and adoption assistance.
new text end

new text begin Subd. 6. new text end

new text begin Revision. new text end

new text begin By April 1, 2013, for fiscal year 2013, and by each subsequent
April 1 for each subsequent fiscal year, the commissioner shall review and revise the
rates under subdivisions 3, 4, and 5 based on United States Department of Agriculture
Estimates of the Cost of Raising a Child, published by the United States Department of
Agriculture, Agricultural Resources Service, Publication 1411. The revision must be the
average percentage by which costs increase for the age ranges represented in the United
States Department of Agriculture Estimates of the Cost of Raising a Child. The monthly
rates must be revised to the nearest dollar and the daily rates to the nearest cent.
new text end

new text begin Subd. 7. new text end

new text begin Home and vehicle modifications. new text end

new text begin A child who is eligible for an adoption
assistance agreement based on the child's physical disability or a child who is eligible
for a guardianship assistance agreement who possesses a physical disability must have
reimbursement of home and vehicle modifications necessary to accommodate the child's
physical disability included as part of the negotiation of the agreement under section
256O.240, subdivision 11. The total of all modifications must not exceed $25,000 and the
modifications must be requested during the first six months that the adoption assistance or
guardianship assistance agreement is in effect. The type and cost of each modification
must be preapproved by the commissioner. The type of home and vehicle modifications is
limited to those specified by the commissioner. The commissioner shall ensure that the
modifications are necessary to incorporate the child into the family and that the cost
is reasonable. Application for and reimbursement of modifications must be completed
according to a process specified by the commissioner.
new text end

new text begin Subd. 8. new text end

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

new text begin (a) A monthly
adoption assistance or guardianship assistance payment must be considered income and
resource attributable to the child and must be inalienable by any assignment or transfer
and exempt from garnishment under the laws of the state.
new text end

new text begin (b) Consideration of income and resources attributable to the child must be part of
the negotiation process in section 256O.240, subdivision 11. In some circumstances, the
receipt of other income on behalf of the child may impact the amount of the monthly
payment received by the adoptive parent or relative custodian on behalf of the child
through Northstar Care for Children. Supplemental Security Income (SSI), Retirement,
Survivors, and Disability Insurance (RSDI), veteran's benefits, railroad retirement benefits,
and black lung benefits are considered income and resources attributable to the child.
new text end

new text begin Subd. 9. new text end

new text begin Treatment of RSDI, veteran's benefits, railroad retirement benefits,
and black lung benefits. new text end

new text begin (a) If it is anticipated that a child will be eligible to receive
RSDI, veteran's benefits, railroad retirement benefits, or black lung benefits after
finalization of the adoption or assignment of permanent legal and physical custody, the
permanent caregiver shall apply to be the payee of those benefits on the child's behalf. The
monthly amount of the other benefits must be considered an offset to the amount of the
payment the child is determined eligible for under Northstar Care for Children.
new text end

new text begin (b) If a child becomes eligible for RSDI, veteran's benefits, railroad retirement
benefits, or black lung benefits after the initial amount of the payment under Northstar
Care for Children is finalized, the permanent caregiver shall contact the commissioner
to renegotiate the payment under Northstar Care for Children. The monthly amount of
the other benefits must be considered an offset to the amount of the payment the child is
determined eligible for under Northstar Care for Children.
new text end

new text begin (c) If a child ceases to be eligible for RSDI, veteran's benefits, railroad retirement
benefits, or black lung benefits after the initial amount of the payment under Northstar
Care for Children is finalized, the permanent caregiver shall contact the commissioner to
renegotiate the payment under Northstar Care for Children. The monthly amount of the
payment under Northstar Care for Children must be the amount the child was determined
to be eligible for prior to consideration of any offset.
new text end

new text begin (d) If the monthly payment received on behalf of the child under RSDI, veteran's
benefits, railroad retirement benefits, or black lung benefits changes after the adoption
assistance or guardianship assistance agreement is finalized, the permanent caregiver shall
notify the commissioner as to the new monthly payment amount, regardless of the amount
of the change in payment. If the monthly payment changes by $75 or more, even if the
change occurs incrementally over the duration of the term of the adoption assistance
or guardianship assistance agreement, the monthly payment under Northstar Care for
Children must be renegotiated to reflect the amount of the increase or decrease in the
offset amount. Any subsequent change to the payment must be reported and handled in
the same manner. A change of monthly payments of less than $75 is not a permissible
reason to renegotiate the adoption assistance or guardianship assistance agreement under
section 256O.240, subdivision 12.
new text end

new text begin Subd. 10. new text end

new text begin Treatment of child support and MFIP. new text end

new text begin (a) In cases where the child
qualifies for Northstar Care for Children by meeting the adoption assistance eligibility
criteria or the guardianship assistance eligibility criteria, any court-ordered child support
must not be considered income attributable to the child and must have no impact on the
monthly payment.
new text end

new text begin (b) Consistent with section 256J.24, children eligible for and receiving a payment
from Northstar Care for Children are excluded from a MFIP assistance unit.
new text end

new text begin Subd. 11. new text end

new text begin Payments. new text end

new text begin (a) Payments to caregivers under Northstar Care for Children
must be made monthly.
new text end

new text begin (b) The commissioner shall pay caregivers for eligible children in guardianship
assistance and adoption assistance. Payments must commence when the commissioner
receives the required documentation from the court, the legally responsible agency, or the
caregiver. In guardianship assistance or adoption assistance cases, monthly payments must
be prorated according to subdivision 5 based on the effective date of the agreement.
new text end

new text begin Subd. 12. new text end

new text begin Effect of benefit on other aid. new text end

new text begin Payments received under this section shall
not be considered as income for child care assistance under chapter 119B or any other
financial benefit. Consistent with section 256J.24, all children receiving a maintenance
payment under Northstar Care for Children are excluded from any MFIP assistance unit.
new text end

new text begin Subd. 13. new text end

new text begin Overpayments. new text end

new text begin The commissioner has the authority to collect any
amount of adoption assistance and guardianship assistance paid to a caregiver in excess of
the payment due. Payments covered by this subdivision include basic maintenance needs
payments, supplemental difficulty of care payments, and reimbursement of home and
vehicle modifications under subdivision 7. Prior to any collection, the commissioner or
the commissioner's designee shall notify the caregiver in writing, including:
new text end

new text begin (1) the amount of the overpayment and an explanation of the cause of overpayment;
new text end

new text begin (2) clarification of the corrected amount;
new text end

new text begin (3) a statement of the legal authority for the decision;
new text end

new text begin (4) information about how the caregiver can correct the overpayment;
new text end

new text begin (5) if repayment is required, when the payment is due and a person to contact to
review a repayment plan;
new text end

new text begin (6) a statement that the caregiver is entitled to a fair hearing review by the
department; and
new text end

new text begin (7) the procedure for seeking the review in clause (6).
new text end

new text begin Subd. 14. new text end

new text begin Payee. new text end

new text begin For adoption assistance and guardianship assistance cases,
the payment may only be made to the adoptive parent or relative custodian specified
on the agreement. If there is more than one adoptive parent or relative custodian, both
parties must be listed as the payee unless otherwise specified in writing according to
policies outlined by the commissioner. In the event of divorce or separation of the
caregivers, a change of payee may be made in writing according to policies outlined by
the commissioner. If both caregivers are in agreement as to the change, it may be made
according to a process outlined by the commissioner. If there is not agreement as to the
change, a court order indicating the party who is to receive the payment is needed before a
change can be processed. If the change of payee is disputed, the commissioner may
withhold the payment until agreement is reached. A noncustodial caregiver may request
notice in writing of review, modification, or termination of the adoption assistance or
guardianship assistance agreement. In the event of the death of a payee, a change of payee
consistent with sections 256O.220 and 256O.230 may be made in writing according
to policies outlined by the commissioner.
new text end

new text begin Subd. 15. new text end

new text begin Notification of change. new text end

new text begin (a) Parents or relative custodians who have an
adoption assistance agreement or guardianship assistance agreement in place shall keep
the agency administering the program informed of the parent's or custodian's address and
circumstances which would make them ineligible for the payments or eligible for the
payments in a different amount.
new text end

new text begin (b) For the duration of the agreement, the adoptive parent or relative custodian
agrees to notify the agency administering the program in writing within 30 days of the
following changes:
new text end

new text begin (1) change in the family's address;
new text end

new text begin (2) change in the legal custody status of the child;
new text end

new text begin (3) child's completion of high school, if this occurs after the child attains age 18;
new text end

new text begin (4) date of termination of the parental rights of the adoptive parent, transfer of
permanent legal and physical custody to another person, or other determination that the
adoptive parent or relative custodian is no longer legally responsible for support of the
child;
new text end

new text begin (5) date the adoptive parent or relative custodian is no longer providing support to
the child;
new text end

new text begin (6) date of death of the child;
new text end

new text begin (7) date of death of the adoptive parent or relative custodian;
new text end

new text begin (8) date the child enlists in the military;
new text end

new text begin (9) date of marriage of the child;
new text end

new text begin (10) date the child becomes an emancipated minor through legal action of another
state;
new text end

new text begin (11) separation or divorce of the adoptive parent or relative custodian;
new text end

new text begin (12) change of the caregiver's employment or educational enrollment status, if the
child has not attained age 13 and the child care component of the assessment under section
256O.240, subdivision 2, was used to determine the assessment level; and
new text end

new text begin (13) residence of the child outside the home for a period of more than 30 consecutive
days.
new text end

new text begin Subd. 16. new text end

new text begin Termination notice for caregiver. new text end

new text begin The responsible agency must provide
a child's caregiver written notice of termination of payment. Termination notices must be
sent at least 15 days before the final payment or in the case of an unplanned termination,
the notice is sent within three days of the end of the payment. The written notice must
minimally include the following:
new text end

new text begin (1) the date payment will end;
new text end

new text begin (2) the reason payments will end and the event that is the basis to terminate payment;
new text end

new text begin (3) a statement that the provider is entitled to a fair hearing review by the department
consistent with section 256.045, subdivision 3;
new text end

new text begin (4) the procedure to request a fair hearing; and
new text end

new text begin (5) name, telephone number, and, if available, an electronic contact address of a
contact person at the county or state.
new text end

Sec. 15.

new text begin [256O.260] FEDERAL SHARE, STATE SHARE, LOCAL SHARE.
new text end

new text begin Subdivision 1. new text end

new text begin Federal share. new text end

new text begin For a child who qualifies for guardianship assistance
or adoption assistance, the county of financial responsibility or, for children in the
American Indian Child Welfare Initiative, the responsible tribal social service agency
authorized in section 256.01, subdivision 14b, shall use the eligibility requirements
outlined in section 473 of the Social Security Act. In each case, the agency paying the
maintenance payments must be reimbursed for the costs from the federal money available
for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin State share. new text end

new text begin The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care adoption assistance program under section 259.67. The commissioner may transfer
funds into the account if a deficit occurs.
new text end

new text begin Subd. 3. new text end

new text begin Local share. new text end

new text begin The county of financial responsibility under section 256G.02
or tribal social service agency authorized in section 256.01, subdivision 14b, at the time
of finalization of the agreement for guardianship assistance or adoption assistance, shall
pay the local share of the maintenance payments as determined under subdivision 4, and
an identical share of the pre-Northstar Care adoption assistance program under section
259.67. The county of financial responsibility under section 256G.02 or tribal social
service agency authorized in section 256.01, subdivision 14b, shall pay the entire cost of
any initial clothing allowance, child-placing agency administrative payments, or other
support services it authorizes, except as provided under other provisions of law. In cases of
federally required adoption assistance where there is no county of financial responsibility,
or, for children in the American Indian Child Welfare Initiative, the responsible tribal
social service agency authorized in section 256.01, subdivision 14b, as provided in section
256O.240, subdivision 5, the commissioner shall pay the local share.
new text end

new text begin Subd. 4. new text end

new text begin Nonfederal share. new text end

new text begin The commissioner shall establish a percentage share
of the maintenance payments, reduced by federal reimbursements under title IV-E of the
Social Security Act, to be paid by the state and to be paid by the county of financial
responsibility under section 256G.02 or tribal social service agency authorized in section
256.01, subdivision 14b. These state and local shares shall initially be calculated based
on the ratio of the average appropriate expenditures made by the state and all counties
and tribal social service agencies authorized in section 256.01, subdivision 14b, during
state fiscal years 2008, 2009, and 2010.For purposes of this calculation, appropriate
expenditures for the state must include adoption assistance and relative custody assistance,
reduced by federal reimbursements. For each of the periods January 1, 2011, to June
30, 2012, and fiscal years 2013 and 2014, the commissioner shall adjust this initial
percentage of state and local shares to reflect the relative expenditure trends during state
fiscal years 2008, 2009, and 2010. The fiscal year 2014 set of percentages must be used
for all subsequent years.
new text end

new text begin Subd. 5. new text end

new text begin Adjustments for proportionate shares among legally responsible
agencies. new text end

new text begin For children who transition into Northstar Care for Children under section
256O.270, subdivision 7, and for children on the pre-Northstar Care adoption assistance
program under section 259.67, the commissioner shall adjust the expenditures by each
county or tribal social service agency so that its relative share is proportional to its foster
care expenditures as determined under subdivision 4 for state fiscal years 2008, 2009, and
2010 compared with similar costs of all county or tribal social service agencies.
new text end

Sec. 16.

new text begin [256O.270] ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Responsibilities. new text end

new text begin (a) Subject to commissioner approval, the legally
responsible agency shall determine the eligibility for Northstar Care for Children for
children in guardianship assistance under section 256O.220 and children in adoption
assistance under section 256O.230, and for those children determined eligible, shall
further determine each child's eligibility for title IV-E of the Social Security Act.
new text end

new text begin (b) The legally responsible agency is responsible for the administration of Northstar
Care for Children and for assisting the commissioner with the administration of Northstar
Care for Children for children in guardianship assistance and adoption assistance by
conducting assessments, reassessments, negotiations, and other activities as specified
by the commissioner under subdivision 2.
new text end

new text begin Subd. 2. 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 Northstar Care
for Children according to sections 256O.001 to 256O.270, including for transitioning
children into Northstar Care for Children under subdivision 7. The commissioner shall
periodically review all such procedures, requirements, and deadlines, including the
assessment tool and process under section 256O.240, in consultation with counties, tribes,
and representatives of caregivers and may alter them as needed.
new text end

new text begin Subd. 3. new text end

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

new text begin The title IV-E guardianship
assistance and adoption assistance programs shall operate within the statutes and rules
set forth by the federal government in the Social Security Act and Code of Federal
Regulations.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin The commissioner shall specify required fiscal and statistical
reports under section 256.01, subdivision 2, paragraph (q), and other reports as necessary.
new text end

new text begin Subd. 5. new text end

new text begin Promotion of programs. new text end

new text begin The commissioner or the commissioner's
designee shall actively seek ways to promote the guardianship assistance and adoption
assistance programs, including informing prospective relative custodians of eligible
children of the availability of guardianship assistance and prospective adoptive parents of
eligible children under the commissioner's guardianship of the availability of adoption
assistance. All families who adopt children under the commissioner's guardianship must
be informed as to the adoption tax credit.
new text end

new text begin Subd. 6. new text end

new text begin Appeals and fair hearings. new text end

new text begin (a) A caregiver has the right to appeal to the
commissioner pursuant to section 256.045 when eligibility for Northstar Care for Children
is denied, and when payment or the agreement for eligible child is modified or terminated.
new text end

new text begin (b) A relative custodian or adoptive parent has additional rights to appeal to
the commissioner under section 256.045. The rights include when the commissioner
terminates or modifies the guardianship assistance or adoption assistance agreement or
when the commissioner denies an application for guardianship assistance or adoption
assistance. A prospective relative custodian or adoptive parent who disagrees with a
decision by the commissioner prior to transfer of permanent legal and physical custody or
finalization of the adoption may request review of the decision by the commissioner or
may appeal the decision under section 256.045. A guardianship assistance or adoption
assistance agreement must be signed and in effect prior to the court order that transfers
permanent legal and physical custody or the adoption finalization, however in some cases,
there may be extenuating circumstances as to why an agreement was not entered into prior
to the finalization of permanency for the child. Caregivers who believe that extenuating
circumstances exist in the case of the caregiver's child may request a fair hearing.
Caregivers have the responsibility of proving that extenuating circumstances exist.
Caregivers are required to provide written documentation of each eligibility criterion at
the fair hearing. Examples of extenuating circumstances include: relevant facts regarding
the child were known by the placing agency and not presented to the caregiver prior to
transfer of permanent legal and physical custody or finalization of the adoption, failure by
the commissioner or the commissioner's designee to advise potential caregivers about the
availability of guardianship assistance or adoption assistance for children in the state foster
care system. 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 transfer
of permanent legal and physical custody was ordered or the adoption was finalized, the
effective date and any associated federal financial participation must be retroactive to
the date of the request for a fair hearing.
new text end

new text begin Subd. 7. new text end

new text begin Transition; timelines; assessments. new text end

new text begin (a) All eligible children shall
participate in an initial assessment under section 256O.240, subdivision 3.
new text end

new text begin (b) All children in relative custody assistance or adoption assistance are eligible for
Northstar Care for Children as specified in sections 256O.220 and 256O.230. All children
receiving relative custody assistance under section 257.85 on December 31, 2010, must be
transitioned into Northstar Care for Children as of January 1, 2011. Children in adoption
assistance under section 259.67 on December 31, 2010, whose caregivers sign no later
than November 24, 2010, an agreement to transition to Northstar Care for Children as
provided under sections 256O.230 and 256O.240 must be added to Northstar Care for
Children as of January 1, 2011. A child receiving adoption assistance under section
259.67 whose caregivers sign an agreement to transition to Northstar Care for Children as
provided under sections 256O.230 and 256O.240 between December 1, 2010, and March
31, 2011, must be added to Northstar Care for Children for the first calendar month at
least 31 calendar days after the date of the signing of the agreement. A child receiving
adoption assistance under section 259.67 whose caregivers do not sign an agreement
to transition to Northstar Care for Children by March 31, 2011, must remain on the
pre-Northstar Care adoption assistance program under section 259.67 until the child is no
longer eligible for the program.
new text end

new text begin Subd. 8. new text end

new text begin Transition; distribution of program information. new text end

new text begin Between May 1,
2010, and June 30, 2010, all relative custodians with executed or signed relative custody
assistance agreements, adoptive parents with executed or signed adoption assistance
agreements, and preadoptive parents with a preadoptive placement in the parents' home
shall receive written information about Northstar Care for Children. Relative custodians
who sign a relative custody assistance agreement and prospective adoptive parents who
sign an adoption assistance agreement subsequent to June 30, 2010, shall receive written
information about Northstar Care for Children no later than when the relative custody
assistance agreement or the adoption assistance agreement is signed by the caregiver.
new text end

new text begin (1) The agency responsible for providing the relative custody assistance payment
shall mail, electronically distribute, or personally provide relative custodians with relative
custody assistance agreements with written information about Northstar Care for Children
when the relative custodians' mail or email address is known. The responsible social
service agency shall make reasonable efforts to locate relative custodians with signed or
executed relative custody assistance agreements whose mail or email address is known.
new text end

new text begin (2) For cases where the adoption assistance agreement is executed or submitted to
the commissioner for review and approval prior to May 1, 2010, the commissioner shall
mail or electronically distribute information about Northstar Care for Children to the
adoptive parent. The commissioner shall make reasonable efforts to locate the adoptive
parent whose mail or email address is unknown. For cases where the adoption assistance
agreement is executed or submitted to the commissioner for review on or after May 1,
2010, and on or before November 24, 2010, the responsible social service agency shall
mail, electronically distribute, or personally provide preadoptive parents with written
information about Northstar Care for Children.
new text end

new text begin (3) Information must minimally include a summary of the provisions of the new
program, an overview of the assessment process, the transition time frame, and actions
required by the relative custodian or adoptive parent during the transition period, including
the procedure to opt in to Northstar Care for Children and renegotiate the adoption
assistance agreement for adoption assistance cases.
new text end

new text begin Subd. 9. new text end

new text begin Transition; renegotiation of adoption assistance agreements. new text end

new text begin Adoptive
parents shall provide written notice to the commissioner of the adoptive parents' intent
to renegotiate their adoption assistance program or remain on the pre-Northstar Care
adoption assistance program according to section 259.67 within 60 days of receiving
the written notice in subdivision 8. The commissioner may extend this time frame if
it is determined that the adoptive parent has good cause to warrant extension of this
consideration period. If adoptive parents decide to opt in to Northstar Care for Children,
the adoptive parents' adoption assistance agreement must be renegotiated according to
section 256O.240, subdivision 10. If an adoptive parent would like to opt in to Northstar
Care for Children, but does not believe that the assessment under section 256O.240 was
completed accurately, the adoptive parent shall indicate this in writing to the commissioner
and must be given an extension of the consideration period while a reassessment is
completed. The commissioner may not extend the time frame to renegotiate adoption
assistance agreements after March 31, 2011. All adoption assistance agreements under
Northstar Care for Children for children transitioning from the adoption assistance
program under section 259.67 must be renegotiated and signed by all parties no later than
March 31, 2011. The commissioner may establish additional requirements or deadlines
for implementing the transition.
new text end

new text begin Subd. 10. new text end

new text begin Effective date of payment rates. new text end

new text begin The new rates for payment under
Northstar Care for Children must be determined under section 256O.250 and effective
according to the timelines in subdivision 7, paragraph (b).
new text end

new text begin Subd. 11. new text end

new text begin Purchase of child-specific adoption services. new text end

new text begin The commissioner may
reimburse the placing agency for appropriate adoption services for children eligible under
section 259.67, subdivision 35.
new text end

Sec. 17.

Minnesota Statutes 2008, section 257.85, subdivision 2, is amended to read:

Subd. 2.

Scope.

The provisions of this section apply to those situations in which
the legal and physical custody of a child is established with a relative or important friend
with whom the child has resided or had significant contact according to section 260C.201,
subdivision 11, by a district court order issued on or after July 1, 1997, new text begin and on or before
November 24, 2010, new text end or a tribal court order issued on or after July 1, 2005, new text begin and on or
before November 24, 2010, new text end when the child has been removed from the care of the parent
by previous district or tribal court order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 18.

Minnesota Statutes 2008, section 257.85, subdivision 5, is amended to read:

Subd. 5.

Relative custody assistance agreement.

(a) A relative custody assistance
agreement will not be effective, unless it is signed by the local agency and the relative
custodian no later than 30 days after the date of the order establishing permanent legal and
physical custody, new text begin and on or before November 24, 2010, new text end except that a local agency may
enter into a relative custody assistance agreement with a relative custodian more than 30
days after the date of the order if it certifies that the delay in entering the agreement was
through no fault of the relative custodian new text begin and the agreement is signed and in effect on or
before November 24, 2010 new text end . There must be a separate agreement for each child for whom
the relative custodian is receiving relative custody assistance.

(b) Regardless of when the relative custody assistance agreement is signed by the
local agency and relative custodian, the effective date of the agreement shall be the date of
the order establishing permanent legal and physical custody.

(c) If MFIP is not the applicable program for a child at the time that a relative
custody assistance agreement is entered on behalf of the child, when MFIP becomes
the applicable program, if the relative custodian had been receiving custody assistance
payments calculated based upon a different program, the amount of relative custody
assistance payment under subdivision 7 shall be recalculated under the Minnesota family
investment program.

(d) The relative custody assistance agreement shall be in a form specified by the
commissioner and shall include provisions relating to the following:

(1) the responsibilities of all parties to the agreement;

(2) the payment terms, including the financial circumstances of the relative
custodian, the needs of the child, the amount and calculation of the relative custody
assistance payments, and that the amount of the payments shall be reevaluated annually;

(3) the effective date of the agreement, which shall also be the anniversary date for
the purpose of submitting the annual affidavit under subdivision 8;

(4) that failure to submit the affidavit as required by subdivision 8 will be grounds
for terminating the agreement;

(5) the agreement's expected duration, which shall not extend beyond the child's
eighteenth birthday;

(6) any specific known circumstances that could cause the agreement or payments
to be modified, reduced, or terminated and the relative custodian's appeal rights under
subdivision 9;

(7) that the relative custodian must notify the local agency within 30 days of any of
the following:

(i) a change in the child's status;

(ii) a change in the relationship between the relative custodian and the child;

(iii) a change in composition or level of income of the relative custodian's family;

(iv) a change in eligibility or receipt of benefits under MFIP, or other assistance
program; and

(v) any other change that could affect eligibility for or amount of relative custody
assistance;

(8) that failure to provide notice of a change as required by clause (7) will be
grounds for terminating the agreement;

(9) that the amount of relative custody assistance is subject to the availability of state
funds to reimburse the local agency making the payments;

(10) that the relative custodian may choose to temporarily stop receiving payments
under the agreement at any time by providing 30 days' notice to the local agency and may
choose to begin receiving payments again by providing the same notice but any payments
the relative custodian chooses not to receive are forfeit; and

(11) that the local agency will continue to be responsible for making relative custody
assistance payments under the agreement regardless of the relative custodian's place of
residence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2008, section 257.85, subdivision 6, is amended to read:

Subd. 6.

Eligibility criteria.

new text begin (a) new text end A local agency shall enter into a relative custody
assistance agreement under subdivision 5 if it certifies that the following criteria are met:

(1) the juvenile court has determined or is expected to determine that the child,
under the former or current custody of the local agency, cannot return to the home of
the child's parents;

(2) the court, upon determining that it is in the child's best interests, has issued
or is expected to issue an order transferring permanent legal and physical custody of
the child; and

(3) the child either:

(i) is a member of a sibling group to be placed together; or

(ii) has a physical, mental, emotional, or behavioral disability that will require
financial support.

When the local agency bases its certification that the criteria in clause (1) or (2) are
met upon the expectation that the juvenile court will take a certain action, the relative
custody assistance agreement does not become effective until and unless the court acts as
expected.

new text begin (b) After November 24, 2010, no new relative custody assistance agreements shall
be executed. Agreements that were signed on or before November 24, 2010, and were not
in effect because the proposed transfer of permanent legal and physical custody of the
child did not occur on or before November 24, 2010, must be renegotiated according to
the terms of Northstar Care for Children in chapter 256O.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Purpose and general eligibility requirements. new text end

new text begin (a) The purpose of the
adoption assistance program is to help make adoption possible for children who would
otherwise remain in foster care.
new text end

new text begin (b) 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 12;
new text end

new text begin (2) meet the applicable citizenship and immigration requirements in subdivision
13; 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 tribe, and be either under the guardianship of the
commissioner or under the jurisdiction of a Minnesota tribe, with adoption in accordance
with tribal law as the child's documented permanency plan.
new text end

new text begin (c) In addition to the requirements in paragraph (b), the child's adoptive parents must
meet the applicable background study requirements outlined in subdivision 14.
new text end

new text begin (d) The legally responsible agency shall make a title IV-E adoption assistance
eligibility determination for each child. Children who meet all eligibility criteria except
those specific to title IV-E adoption assistance shall receive adoption assistance paid
through state funds.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 21.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 12. 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) a court-ordered termination of parental rights;
new text end

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

new text begin (3) a consent to adopt accepted by the court under sections 260C.201, subdivision
11, and 259.24;
new text end

new text begin (4) in circumstances when 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) a 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) the death of the legal parent.
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) a 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) a documented physical, mental, emotional, or behavioral disability not covered
under clause (1);
new text end

new text begin (3) membership 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 another child
born of the same mother or father for whom they receive adoption assistance; or
new text end

new text begin (5) documentation that the child is a high-risk child, according to subdivision 17.
new text end

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

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

new text begin (ii) a determination by the commissioner that such a search would not be in the best
interests of the child; and
new text end

new text begin (2) a written statement from the identified prospective adoptive parents that they are
either unwilling or unable to adopt the child without adoption assistance.
new text end

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

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

new text begin (2) for an Indian child covered by the Indian Child Welfare Act, comply with the
placement preferences identified in the Indian Child Welfare Act and the Minnesota Indian
Family Preservation Act; and
new text end

new text begin (3) review all families approved for adoption who are associated with the placing
agency.
new text end

new text begin If the review of families associated with the placing agency results in the
identification of an appropriate adoptive placement for the child, the placing agency must
provide documentation of the placement decision to the commissioner as part of the
application for adoption assistance.
new text end

new text begin If two or more appropriate families are not approved or available within the placing
agency, the agency shall locate additional prospective adoptive families by registering the
child with the State Adoption Exchange, as required under section 259.75. If registration
with the State Adoption Exchange does not result in an appropriate family for the child,
the agency shall employ other recruitment methods, as outlined in recruitment policies and
procedures prescribed by the commissioner, to meet this requirement.
new text end

new text begin (f) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including review of all families approved for adoption that are
associated with the placing agency, registration of the child with the State Adoption
Exchange, and additional recruitment methods, must be waived if:
new text end

new text begin (1) the child is being adopted by a relative;
new text end

new text begin (2) the child is being adopted by foster parents with whom the child has developed
significant emotional ties while in their care as a foster child;
new text end

new text begin (3) the child is being adopted by a family that previously adopted a child of the
same mother or father; or
new text end

new text begin (4) the court determines that adoption by the identified family is in the child's best
interest.
new text end

new text begin For an Indian child covered by the Indian Child Welfare Act, a waiver must not be
granted unless the placing agency has complied with the placement preferences identified
in the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
new text end

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

new text begin This section is effective July 1, 2009.
new text end

Sec. 22.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 13. 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.
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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 23.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 14. 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. If the background study reveals:
new text end

new text begin (1) a felony conviction at any time for child abuse or neglect;
new text end

new text begin (2) spousal abuse;
new text end

new text begin (3) a crime against children, including child pornography;
new text end

new text begin (4) 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 (5) a felony conviction within the past five years for physical assault, battery, or a
drug-related offense,
new text end

new text begin the adoptive parent is prohibited from receiving title IV-E adoption assistance on behalf of
an otherwise eligible child.
new text end

new text begin (b) A prospective adoptive parent who possesses one of the felony convictions in
paragraph (a) may receive state-funded adoption assistance on behalf of an otherwise
eligible child if the court has made a judicial determination that:
new text end

new text begin (1) the legally responsible agency has thoroughly reviewed the felony conviction
and has considered the impact, if any, that the conviction may have on the child's safety,
well-being, and permanency;
new text end

new text begin (2) the conviction likely does not pose a current or future safety risk to the child;
new text end

new text begin (3) there is no other available permanency resource that is appropriate for the
child; and
new text end

new text begin (4) the adoptive placement is in the child's best interest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 24.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Residency. new text end

new text begin A child placed in the state from another state or a tribe outside
of the state is not eligible for state-funded adoption assistance through the state. A child
placed in the state from another state or a tribe outside of the state may be eligible for title
IV-E adoption assistance through the state of Minnesota if all eligibility factors are met
and there is no state agency that has responsibility for placement and care of the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 25.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Exceptions and exclusions. new text end

new text begin Payments for adoption assistance shall
not be made to a biological parent of the child or a stepparent who adopts the child.
Direct placement adoptions under section 259.47 or the equivalent in tribal code are
not eligible for state-funded adoption assistance. A child who is adopted by the child's
legal custodian or guardian is not eligible for state-funded adoption assistance. A child
who is adopted by the child's legal custodian or guardian may be eligible for title IV-E
adoption assistance if all required eligibility factors are met. International adoptions are
not eligible for adoption assistance unless the adopted child has been placed into foster
care through the public child welfare system subsequent to the failure of the adoption
and all required eligibility factors are met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 26.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Documentation. new text end

new text begin Documentation must be provided to verify that a child
meets the special needs criteria outlined in subdivision 12.
new text end

new text begin (a) Documentation of a disability is limited to evidence deemed appropriate by
the commissioner.
new text end

new text begin (b) To qualify as being a high-risk child, the placing agency must provide to the
commissioner one or more of the following:
new text end

new text begin (1) documented information in a county or tribal social service department record
or court record that a relative within the first or second degree of the child has a medical
diagnosis or medical history, including diagnosis of a significant mental health or
chemical dependency issue, which could result in the child's development of a disability
during childhood;
new text end

new text begin (2) documented information that while in the public child welfare system, the child
has experienced three or more placements with extended family or different foster homes
that could affect the normal attachment process;
new text end

new text begin (3) documented evidence in a county or tribal social service department record
that the child experienced neglect in the first three years of life, or sustained physical
injury, sexual abuse, or physical disease that could have a long-term effect on physical,
emotional, or mental development; or
new text end

new text begin (4) documented evidence in a medical or hospital record, law enforcement record,
county or tribal social service department record, court record, or record of an agency
under a contract with a county social service agency or the state to provide child welfare
services that the birth mother used drugs or alcohol during pregnancy which could later
result in the child's development of a disability.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 27.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin 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 attains the age of 18, unless an extension as outlined in subdivisions 20
to 23, is applied for by the adoptive parents and granted by the commissioner;
new text end

new text begin (2) the commissioner determines that the adoptive parents are no longer legally
responsible for support of the child;
new text end

new text begin (3) the commissioner determines that the adoptive parents are no longer providing
financial support to the child;
new text end

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

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

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

new text begin (5) marriage of the child; or
new text end

new text begin (6) emancipation of the child through legal action of another state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 28.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 19. new text end

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

new text begin (a) The adoption
assistance agreement ends upon death or termination of parental rights 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, but the child maintains eligibility for state-funded or 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 subdivision
12;
new text end

new text begin (2) the subsequent adoptive parents reside in Minnesota; and
new text end

new text begin (3) no state agency outside of Minnesota has responsibility for placement and care
of the child at the time of the subsequent adoption.
new text end

new text begin (b) According to federal regulations, if the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parents or dissolution of the adoption, and a
state agency outside of the state of Minnesota has responsibility for placement and care of
the child at the time of the subsequent adoption, the state of Minnesota 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.
new text end

new text begin (c) According to federal regulations, if the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parents or dissolution of the adoption, the
subsequent adoptive parents reside outside of the state of Minnesota, and no state agency
has responsibility for placement and care of the child at the time of the subsequent
adoption, the state of Minnesota 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 29.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 20. new text end

new text begin Extension, past age 18. new text end

new text begin Under certain limited circumstances a child
may qualify for extension of the adoption assistance agreement beyond the date the
child attains age 18. An application for extension must be completed and submitted by
the adoptive parent at least 90 days prior to the date the child attains age 18, unless the
child's adoption is scheduled to finalize less than 90 days prior to that date in which
case the application for extension must be completed and submitted with the adoption
assistance application. The application for extension must be made according to policies
and procedures prescribed by the commissioner, including documentation of eligibility,
and on forms prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 30.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 21. new text end

new text begin Extension based on a continuing physical or mental disability. new text end

new text begin (a)
Extensions based on a child's continuing physical or mental disability must be applied
for prior to the date the child attains age 18 and according to the requirements under
subdivision 20. The commissioner must not grant an extension on this basis if an extension
based on continued enrollment in a secondary education or being a child whose adoption
finalized after age 16 was previously granted for the child.
new text end

new text begin (b) A child is eligible for extension of the adoption assistance agreement up to the
date the child attains age 21 if the following criteria are met:
new text end

new text begin (1) the child has a mental or physical disability upon which eligibility for adoption
assistance was based which warrants the continuation of assistance;
new text end

new text begin (2) the child is unable to obtain self-sustaining employment due to the
aforementioned mental or physical disability; and
new text end

new text begin (3) the child needs significantly more care and support than what is typical for an
individual of the same age.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 31.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Extension based on continued enrollment in a secondary education
program. new text end

new text begin (a) If a child does not qualify for extension based on a continuing physical or
mental disability or a parent chooses not to apply for such extension, the adoptive parents
may make an application for continuation of adoption assistance based on enrollment in
a secondary education program.
new text end

new text begin (b) If a child is enrolled full-time in a secondary education program or a program
leading to an equivalent credential, the child is eligible for extension to the expected
gradation date or the date the child attains age 19, whichever is earlier. If a child receives
a school-based extension and at any time ceases to be enrolled in a full-time secondary
education program or a program leading to an equivalent credential, the adoptive parents
are responsible to notify the commissioner and the agreement must terminate.
new text end

new text begin (c) Extensions based on continuation in a secondary education program must be paid
from state funds only, unless the child meets the extension criteria outlined in subdivision
23.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 32.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 23. new text end

new text begin Extension for children whose adoption finalized after age 16. new text end

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

new text begin (1) completing a secondary education program or a program leading to an equivalent
credential;
new text end

new text begin (2) enrolled in an institution which provides postsecondary or vocational education;
new text end

new text begin (3) participating in a program or activity designed to promote or remove barriers to
employment;
new text end

new text begin (4) employed for at least 80 hours per month; or
new text end

new text begin (5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition, which incapability is supported by regularly updated information in
the case plan of the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2010.
new text end

Sec. 33.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 24. new text end

new text begin Adoption assistance certification. new text end

new text begin The placing agency shall certify a
child as eligible for adoption assistance according to policies and procedures, and on
a form or forms, prescribed by the commissioner. Professional documentation must
be submitted with the certification, and when applicable, the supplemental adoption
assistance needs assessment, to establish eligibility for the amount of payment requested.
This form must be submitted with the adoption assistance agreement under subdivision 25.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 34.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 25. new text end

new text begin Adoption assistance agreement. new text end

new text begin (a) In order to receive adoption
assistance benefits, a written, binding agreement on a form approved by the commissioner
must be established and completed by the placing agency prior to finalization of the
adoption. The agreement must be negotiated with the parents, in the case of a two-parent
adoption, or the adoptive parent, in the case of a single-parent adoption, as required in
subdivision 26. The parents, an approved representative from the placing agency, and
the commissioner or the commissioner's designee must sign the agreement prior to the
effective date of the adoption decree. The adoption assistance certification and agreement
must be granted or denied by the commissioner no later than 15 working days after receipt
of a complete and correct certification and agreement. A fully executed copy of the signed
agreement must be given to each party. Termination or disruption of the preadoptive
placement preceding adoption finalization makes the agreement with that family void.
new text end

new text begin (b) 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 such 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 must remain in effect regardless of the state of which the
adoptive parents are residents 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 (c) The agreement is effective the date of the adoption decree.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 35.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 26. new text end

new text begin Negotiation of the 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 agreement between the adoptive parents
and the commissioner or the commissioner's designee. The agreement shall take into
consideration the circumstances of the adopting parents and the needs of the child being
adopted. The income of the adoptive parents must not be taken into consideration when
determining eligibility for adoption assistance or the amount of the payments under
subdivision 28. At the written request of the adoptive parents, 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 a high-risk child
must not include a monthly payment unless and until the potential disability manifests
itself, as documented by an appropriate professional, and the commissioner authorizes
commencement of payment by modifying the agreement accordingly. An adoptive parent
of a high-risk child with an adoption assistance agreement may request a renegotiation of
the adoption assistance agreement under subdivision 27 to include a monthly payment,
if the parent has written professional documentation that the potential disability upon
which eligibility for the agreement was based has manifested itself. Documentation of the
disability shall be limited to evidence deemed appropriate by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 36.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 27. new text end

new text begin Renegotiation of the 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 consistent with subdivision 28. If the reassessment indicates that the child's
level has changed, the commissioner or the commissioner's designee and the parent shall
renegotiate the agreement to include a payment with the level determined appropriate
through the reassessment process. 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 by the commissioner.
new text end

new text begin (b) An adoptive parent of a high-risk child with an adoption assistance agreement
may request renegotiation of the agreement to include a monthly payment, if the parent
has written professional documentation that the potential disability upon which eligibility
for the agreement was based has manifested itself. 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. 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 by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 37.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 28. new text end

new text begin Benefits and payments. new text end

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

new text begin (b) The basic maintenance payments must be made according to the following
schedule for all children except those eligible for adoption assistance based on high risk of
developing a disability:
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 (c) Supplemental adoption assistance needs payments, in addition to basic
maintenance payments, are available for a child whose disability necessitates care,
supervision, and structure beyond that ordinarily provided in a family setting to persons
of the same age. These payments are related to 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 schedule:
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 a supplemental maintenance needs assessment form
prescribed by the commissioner. The adoptive parent may request a reassessment if at
least six months has elapsed since the previously requested review. A child must receive
the maximum payment amount 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 (d) Reimbursement for special nonmedical expenses is available to all children
except those eligible for adoption assistance based on high risk of developing a disability.
Reimbursements under this paragraph will be made only after the adoptive parents
document that an application for the applicable 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 Medicaid program. Reimbursements must
be made according to the policies and procedures prescribed by the commissioner and
are limited to:
new text end

new text begin (1) child care;
new text end

new text begin (2) respite care;
new text end

new text begin (3) camping program;
new text end

new text begin (4) home and vehicle modifications;
new text end

new text begin (5) family counseling;
new text end

new text begin (6) postadoption counseling;
new text end

new text begin (7) services to children under age three who are developmentally delayed;
new text end

new text begin (8) specialized communication equipment; and
new text end

new text begin (9) burial expenses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 38.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 29. new text end

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

new text begin 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 parents that the child's adoption assistance must be reported to the
Social Security Administration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 39.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 30. new text end

new text begin Payments. 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 legally responsible agency, or the parent. Payments must be made
according to policies and procedures prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 40.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 31. new text end

new text begin Overpayments. new text end

new text begin (a) The commissioner has the authority to collect any
amount of adoption assistance paid to a parent in excess of the payment due. Payments
covered by this subdivision include basic maintenance needs payments, supplemental
maintenance needs payments, and reimbursements of nonmedical expenses under
subdivision 28. Prior to any collection, the commissioner or designee shall notify the
parent in writing, including:
new text end

new text begin (1) the amount of the overpayment and an explanation of the cause of overpayment;
new text end

new text begin (2) clarification of the corrected amount;
new text end

new text begin (3) a statement of the legal authority for the decision;
new text end

new text begin (4) information about how the parent can correct the overpayment;
new text end

new text begin (5) if repayment is required, when the payment is due and a person to contact to
review a repayment plan;
new text end

new text begin (6) a statement that the parent has a right to a fair hearing review by the department;
and
new text end

new text begin (7) the procedure for seeking such a review.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 41.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 32. new text end

new text begin Payee. new text end

new text begin For adoption assistance cases, the payment may 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 policies and procedures prescribed by the commissioner. In the event of divorce or
separation of the parents, a change of payee may be made in writing according to policies
and procedures prescribed by the commissioner. If both parents are in agreement as to
the change, it may be made according to a process prescribed by the commissioner. If
there is not agreement as to the change, a court order indicating the party who is to receive
the payment is needed before a change can be processed. In the event of the death of the
payee, a change of payee consistent with subdivision 19 may be made in writing according
to policies and procedures prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 42.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 33. 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 in place shall keep the agency administering the program informed
of the parent's address and circumstances which would make them ineligible for the
payments or eligible for the payments in a different amount.
new text end

new text begin (b) For the duration of the agreement, 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) change in the family's address;
new text end

new text begin (2) change in the legal custody status of the child;
new text end

new text begin (3) child's completion of high school, if this occurs after the child attains age 18;
new text end

new text begin (4) date of termination of the parental rights of the adoptive parent, transfer of
permanent legal and physical custody to another person, guardianship to another person,
or other determination that the adoptive parent is no longer legally responsible for the
support of the child;
new text end

new text begin (5) date the adoptive parent is no longer providing support to the child;
new text end

new text begin (6) date of death of the child;
new text end

new text begin (7) date of death of the adoptive parent;
new text end

new text begin (8) date the child enlists in the military;
new text end

new text begin (9) date of marriage of the child;
new text end

new text begin (10) date the child becomes an emancipated minor through legal action of another
state;
new text end

new text begin (11) separation or divorce of the adoptive parent; and
new text end

new text begin (12) residence of the child outside the home for a period of more than 30 consecutive
days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 43.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 34. 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
at least 15 days before the final payment or in the case of an unplanned termination,
the notice is sent within three days of the end of the payment. The written notice must
minimally include the following:
new text end

new text begin (1) the date payment will end;
new text end

new text begin (2) the reason payments will end and the event that is the basis to terminate payment;
new text end

new text begin (3) a statement that the parent has a right to a fair hearing review by the department
consistent with section 256.045, subdivision 3;
new text end

new text begin (4) the procedure to request a fair hearing; and
new text end

new text begin (5) the agency name and address to which a fair hearing request must be sent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 44.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 35. new text end

new text begin Reimbursement of costs through purchase of service. new text end

new text begin (a) Subject
to policies and procedures prescribed by the commissioner and the provisions of this
subdivision, a child-placing agency licensed in Minnesota or any other state, or local
or tribal social services agency shall receive a reimbursement from the commissioner
equal to 100 percent of the reasonable and appropriate cost of providing child-specific
adoption services. Adoption services under this subdivision may include child-specific
recruitment, child-specific training and home studies for prospective adoptive parents,
and placement services.
new text end

new text begin (b) An eligible child must have a goal of adoption, which may include an adoption
according to tribal law, and meet one of the following criteria:
new text end

new text begin (1) is a ward of the Minnesota commissioner of human services or a ward of a
Minnesota tribal court under section 260.755, subdivision 20, who meets one of the
criteria under subdivision 12, paragraph (b), and one of the criteria under subdivision 12,
paragraph (c), clauses (1) to (5); or
new text end

new text begin (2) is under the guardianship of a Minnesota-licensed child-placing agency who
meets one of the eligibility criteria under subdivision 12, paragraph (b), and one of the
criteria in subdivision 12, paragraph (c), clauses (1) to (4).
new text end

new text begin (c) A child-placing agency licensed in Minnesota or any other state shall receive
reimbursement for adoption services it purchase for or directly provides to an eligible
child. Tribal social services shall receive reimbursement for adoption services it purchases
for or directly provides to an eligible child. A local social services agency shall receive
reimbursement only for adoption services it purchases for an eligible child.
new text end

new text begin (d) Before providing adoption services for which reimbursement is sought under this
subdivision, a reimbursement agreement, on the forms prescribed by the commissioner,
must be signed by the commissioner. No reimbursement under this subdivision must
be made to an agency for services provided prior to signatures by all required parties
on a reimbursement agreement. Separate reimbursement agreements must be made for
each child and separate records must be kept on each child for whom a reimbursement
agreement is made. Reimbursement shall not be made unless the commissioner of
human services agrees that the reimbursement costs are reasonable and appropriate. The
commissioner may spend up to $16,000 for each purchase of service agreement per
child. Only one agreement per child is allowed, unless an exception is granted by the
commissioner and agreed to in writing by the commissioner prior to commencement of
services. Funds encumbered and obligated under such an agreement for the child remain
available until the terms of the agreement are fulfilled or the agreement is terminated.
new text end

new text begin (e) The commissioner shall make reimbursement payments directly to the agency
providing the service if direct reimbursement is specified by the purchase of service
agreement and if the request for reimbursement is submitted by the local or tribal social
services agency along with verification on a form prescribed by the commissioner that
the service was provided.
new text end

new text begin (f) The commissioner shall set aside an amount not to exceed five percent of the
total amount of fiscal year appropriation from the state of Minnesota for the adoption
assistance program to reimburse placing agencies for adoption services. When adoption
assistance payments for children's needs exceed 95 percent of the total amount of fiscal
year appropriation from the state of Minnesota 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 45.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 36. new text end

new text begin Indian children. new text end

new text begin A child certified as eligible for adoption assistance
under this section who is protected under the Federal Indian Child Welfare Act of 1978
should, whenever possible, be served by the tribal governing body, tribal courts, or a
licensed Indian child-placing agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 46.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 37. new text end

new text begin Administration responsibilities. new text end

new text begin (a) Subject to commissioner approval,
the legally responsible agency shall determine the eligibility for adoption assistance under
this section, and for those children determined eligible, shall further determine each child's
eligibility for title IV-E of the Social Security Act.
new text end

new text begin (b) The legally responsible agency is responsible for assisting the commissioner with
the administration of the adoption assistance by conducting assessments, reassessments,
negotiations, and other activities as specified by the commissioner under this section.
new text end

new text begin (c) The certifying agency shall notify an adoptive parent of a child's eligibility
for Medicaid in their state of residence. The certifying agency shall refer the adoptive
parent to apply for Medicaid in the financial office in their county of residence. The
certifying agency shall inform adoptive parents of the requirement to comply with the
rules of the applicable Medicaid program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 47.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 38. 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. As needed, the commissioner shall review all
procedures, requirements, and deadlines, including the designated forms, in consultation
with counties, tribes, and representatives of parents, and may alter them as needed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 48.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 39. 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 within the statute and rules set forth by the federal
government in the Social Security Act and Code of Federal Regulations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 49.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 40. new text end

new text begin Reporting. new text end

new text begin The commissioner shall specify required fiscal and statistical
reports under section 256.01, subdivision 2, paragraph (q), and other reports as necessary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 50.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 41. new text end

new text begin Promotion of programs. new text end

new text begin The commissioner or the commissioner's
designee shall actively seek ways to promote the adoption assistance program, including
informing prospective adoptive parents of eligible children under the commissioner's
guardianship of the availability of adoption assistance. All families who adopt children
under the commissioner's guardianship must be informed as to the adoption tax credit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 51.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 42. new text end

new text begin Appeals and fair hearings. new text end

new text begin (a) A prospective adoptive parent has the
right to appeal to the commissioner under section 256.045 when eligibility for adoption
assistance is denied, and when payment or the agreement for an eligible child is modified
or terminated.
new text end

new text begin (b) An adoptive parent has additional rights to appeal to the commissioner under
section 256.045. These include when the commissioner terminates or modifies the
adoption assistance agreement or when the commissioner denies an application for
adoption assistance. 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. An adoption
assistance agrement must be signed and in effect prior to the court order that finalizes the
adoption; however, in some cases, there may be extenuating circumstances as to why an
agreement was not entered into prior to the adoption finalization. An adoptive parent who
believes that extenuating circumstances exist in the case of an adoption finalizing prior to
entering of an adoption assistance agreement may request a fair hearing. Parents have
the responsibility of proving that extenuating circumstances exist. Parents are required to
provide written documentation of each eligibility criterion at the fair hearing. Examples
of extenuating circumstances include: relevant facts regarding the child were known by
the placing agency and not presented to the parent prior to finalization of the adoption, or
failure by the commissioner or the commissioner's designee to advise a potential parent
about the availability of adoption assistance for a child in the state foster care system. 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 52.

Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 43. new text end

new text begin No new executions of adoption assistance agreements. new text end

new text begin After November
24, 2010, no new adoption assistance agreements must be executed under this section.
Agreements that were signed on or before November 24, 2010, and were not in effect
because the adoption finalization of the child did not occur on or before November 24,
2010, must be renegotiated according to the terms of Northstar Care for Children under
section 256O.001 to 256O.270. Agreements signed and in effect on or before November
24, 2010, must continue according to the terms of this section and applicable rules for
the duration of the agreement, unless the adoptive parents choose to renegotiate their
agreement in accordance with the terms of Northstar Care for Children. After November
24, 2010, this section and associated rules must apply to a child whose adoption assistance
agreements were in effect on or before November 24, 2010, and whose adoptive parents
have chosen not to renegotiate their agreement according to the terms of Northstar Care
for Children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 53.

Minnesota Statutes 2008, section 260B.441, is amended to read:

260B.441 deleted text begin COST, deleted text end PAYMENT new text begin FOR FOSTER CARE, RESIDENTIAL
PLACEMENT, AND CLOTHING ALLOWANCE new text end .

new text begin Subdivision 1. new text end

new text begin Responsibility for placement costs. new text end

deleted text begin In addition to the usual
care and services given by public and private agencies, the necessary cost incurred by
the commissioner of human services in providing care for such child shall be paid by
the county committing such child which, subject to uniform rules established by the
commissioner of human services, may receive a reimbursement not exceeding one-half of
such costs from funds made available for this purpose by the legislature during the period
beginning July 1, 1985, and ending December 31, 1985. Beginning January 1, 1986, the
necessary cost incurred by the commissioner of human services in providing care for the
child must be paid by the county committing the child. deleted text end new text begin Chapter 256O establishes the
responsibility for cost and payment for eligible children placed in permanent placement
with a relative custodian or adoptive parent. Responsibility for placement costs and
payment in any other setting is with the county, consistent with chapter 256G, or the tribes
authorized in section 256.01, subdivision 14b.
new text end

new text begin Subd. 2. new text end

new text begin Federal title IV-E. new text end

new text begin Foster care maintenance payments under title IV-E of
the Social Security Act are defined in subdivisions 4 and 5 and section 256O.020. Every
effort must be made to establish a child's eligibility for title IV-E, using the criteria in the
Social Security Act, United States Code, title 42, sections 670 to 676. Payment of title
IV-E funds in Northstar Care for Children is specified in section 256O.260. In all other
circumstances, the county or tribal agency authorized in section 256.01, subdivision 14b,
responsible for payment of the maintenance costs must be reimbursed from the federal
funds available for the purpose.
new text end

new text begin Subd. 3. new text end

new text begin Child resources. new text end

deleted text begin Where such deleted text end new text begin When a new text end child is eligible to receive a grant of
deleted text begin Minnesota family investment program deleted text end new text begin Retirement, Survivors, and Disability Insurance
(RSDI), new text end or Supplemental Security Income for the aged, blind, and disabled, or a foster
care maintenance payment under title IV-E of the Social Security Act, United States Code,
title 42, sections 670 to 676, the child's needs shall be met through these programs.

new text begin Subd. 4. new text end

new text begin Group residential maintenance payments. new text end

new text begin When a child is placed in
a group residential setting, foster care maintenance payments are payments made on
behalf of a child to cover the cost of providing food, clothing, shelter, daily supervision,
school supplies, child's personal incidentals, and transportation needs associated with
providing the items listed, including transportation to the child's home for visitation.
Daily supervision in group residential settings includes routine day-to-day direction
and arrangements to ensure the well-being and safety of the child. It may also include
reasonable costs of administration and operation of the facility.
new text end

new text begin Subd. 5. new text end

new text begin Initial clothing allowance. new text end

new text begin An initial clothing allowance must be available
to all children placed in group residential settings based on the child's individual needs
during the first 60 days of the initial placement. The agency shall consider the parent's
ability to provide for the child's clothing needs and the residential facility contracts. A
clothing allowance must be approved that is consistent with the child's needs. The amount
of the initial clothing allowance must not exceed the monthly basic rate for the child's age
group under section 256O.260.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 54.

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 section 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. 55.

Minnesota Statutes 2008, section 260C.441, is amended to read:

260C.441 deleted text begin COST, deleted text end PAYMENT new text begin FOR FOSTER CARE, RESIDENTIAL
PLACEMENT, AND CLOTHING ALLOWANCE new text end .

new text begin Subdivision 1. new text end

new text begin Responsibility for placement cost. new text end

deleted text begin In addition to the usual care
and services given by public and private agencies, the necessary cost incurred by the
commissioner of human services in providing care for such child shall be paid by
the county committing such child which, subject to uniform rules established by the
commissioner of human services, may receive a reimbursement not exceeding one-half of
such costs from funds made available for this purpose by the legislature during the period
beginning July 1, 1985, and ending December 31, 1985. Beginning January 1, 1986, the
necessary cost incurred by the commissioner of human services in providing care for the
child must be paid by the county committing the child. deleted text end new text begin Chapter 256O establishes the cost
and payment for eligible children placed in family foster care settings or in permanent
placement with a relative custodian or adoptive parent. Placement costs and payment in
any other setting are the responsibility of the county, consistent with chapter 256G, or
tribes authorized in section 256.01, subdivision 14b.
new text end

new text begin Subd. 2. new text end

new text begin Federal title IV-E. new text end

new text begin Foster care maintenance payments under title IV-E
of the Social Security Act are defined in subdivisions 4 and 5, and section 256O.020.
Every effort shall be made to establish a child's eligibility for title IV-E, using the criteria
in the Social Security Act, United States Code, title 42, sections 670 to 676. The use of
title IV-E funds in Northstar Care for Children is specified in section 256O.260. In all
other circumstances, the county or tribal agency authorized in section 256.01, subdivision
14b, that is responsible for payment of the maintenance costs must be reimbursed from
the federal funds available for the purpose.
new text end

new text begin Subd. 3. new text end

new text begin Child resources. new text end

deleted text begin Where such deleted text end new text begin When a new text end child new text begin in foster care new text end is eligible
to receive a grant of deleted text begin Minnesota family investment program or deleted text end new text begin Retirement, Survivors
Disability Insurance (RSDI), new text end supplemental security income for the aged, blind, and
disabled, or a foster care maintenance payment under title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676, the child's needs shall be met through
these programs.

new text begin Subd. 4. new text end

new text begin Group residential maintenance payments. new text end

new text begin When a child is placed in
a group residential setting, foster care maintenance payments means payments to cover
the cost of a child's food, clothing, shelter, daily supervision, school supplies, personal
incidentals, recreation, and transportation needs associated with providing the items
listed, including transportation to school and to the child's home for visitation. Foster
care maintenance payments may also include reasonable costs of administration and
operation of the facility.
new text end

new text begin Subd. 5. new text end

new text begin Initial clothing allowance. new text end

new text begin An initial clothing allowance shall be available
to all children eligible for Northstar Care for Children under section 256O.210 and foster
children placed in group residential settings based on the child's individual needs during
the first 60 days of the initial placement. The agency must consider the parent's ability to
provide for their child's clothing needs and the residential facility contracts. A clothing
allowance shall be approved that is consistent with the child's needs. The amount of
the initial clothing allowance shall not exceed the monthly basic rate for the child's age
group under section 256O.260.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 56. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 256.82, subdivision 5; and 257.85, new text end new text begin are
repealed effective January 1, 2011.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, section 259.67, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, 8, 9,
and 10, new text end new text begin are repealed effective July 1, 2009.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 9560.0665, subparts 2, 3, 4, 5, 6, 7, 8, and 9, new text end new text begin are repealed
effective January 1, 2011.
new text end

new text begin (d) new text end new text begin Minnesota Rules, parts 9560.0071; 9560.0081; 9560.0082; 9560.0083;
9560.0091; 9560.0093, subparts 1, 3, and 4; 9560.0101; and 9560.0102, new text end new text begin are repealed
effective July 1, 2009.
new text end