HF 1939

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 05:15pm

A bill for an act
relating to human services; requiring the commissioner of human services to ensure
certain protections for children in foster care; amending Minnesota Statutes 2018,
section 260C.215, subdivision 4.

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

Section 1.

Minnesota Statutes 2018, section 260C.215, subdivision 4, is amended to read:

Subd. 4.

Duties of commissioner.

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

(1) provide practice guidance to responsible social services agencies and licensed
child-placing agencies that reflect federal and state laws and policy direction on placement
of children;

(2) develop criteria for determining whether a prospective adoptive or foster family has
the ability to understand and validate the child's cultural background;

(3) provide a standardized training curriculum for adoption and foster care workers and
administrators who work with children. Training must address the following objectives:

(i) developing and maintaining sensitivity to all cultures;

(ii) assessing values and their cultural implications;

(iii) making individualized placement decisions that advance the best interests of a
particular child under section 260C.212, subdivision 2; and

(iv) issues related to cross-cultural placement;

(4) provide a training curriculum for all prospective adoptive and foster families that
prepares them to care for the needs of adoptive and foster children taking into consideration
the needs of children outlined in section 260C.212, subdivision 2, paragraph (b), and, as
necessary, preparation is continued after placement of the child and includes the knowledge
and skills related to reasonable and prudent parenting standards for the participation of the
child in age or developmentally appropriate activities, according to section 260C.212,
subdivision 14;

(5) develop and provide to responsible social services agencies and licensed child-placing
agencies a home study format to assess the capacities and needs of prospective adoptive
and foster families. The format must address problem-solving skills; parenting skills; evaluate
the degree to which the prospective family has the ability to understand and validate the
child's cultural background, and other issues needed to provide sufficient information for
agencies to make an individualized placement decision consistent with section 260C.212,
subdivision 2. For a study of a prospective foster parent, the format must also address the
capacity of the prospective foster parent to provide a safe, healthy, smoke-free home
environment. If a prospective adoptive parent has also been a foster parent, any update
necessary to a home study for the purpose of adoption may be completed by the licensing
authority responsible for the foster parent's license. If a prospective adoptive parent with
an approved adoptive home study also applies for a foster care license, the license application
may be made with the same agency which provided the adoptive home study; and

(6) consult with representatives reflecting diverse populations from the councils
established under sections 3.922 and 15.0145, and other state, local, and community
organizations.

new text begin (b) The commissioner shall ensure that each child placed in foster care is entitled to
certain rights and protections while in foster care. Each child placed in foster care shall
receive notification of these rights and protections immediately upon out-of-home placement
or during the child's first meeting with a county social worker, in a document that is age
and developmentally appropriate. A child's social worker must review the document annually
with the child in an age and developmentally appropriate manner. The commissioner shall
issue a bulletin listing these rights and the requirements for responsible social services
agencies as soon as is practicable and shall include the rights and procedures required under
this paragraph in adoption and foster care workers and administrator training materials. The
commissioner shall ensure that a child in foster care:
new text end

new text begin (1) has access to a county and state-level designated phone number or e-mail, available
before and after standard business hours, to submit complaints of noncompliance with these
rights;
new text end

new text begin (2) maintains relationships with relatives, as defined in section 260C.007, subdivision
27, if the child chooses to do so, unless the responsible social services agency has documented
that contact with a relative is not in the best interest of the child;
new text end

new text begin (3) meets with a family facilitator within the first week in an out-of-home placement;
new text end

new text begin (4) has a preplacement visit with any potential foster family;
new text end

new text begin (5) is not placed in a secure detention facility for respite care or temporary emergency
placement;
new text end

new text begin (6) receives notice of case proceedings as far in advance as possible, and receives copies
of all court orders and reports pertaining to the child's case;
new text end

new text begin (7) receives timely notice of case plan changes;
new text end

new text begin (8) is able to easily and regularly contact the child's attorney or guardian ad litem;
new text end

new text begin (9) may share certain information with the child's social worker on a confidential basis,
as indicated by the child, unless the information shared indicates a safety concern for the
child or foster care family;
new text end

new text begin (10) is placed in a safe environment, with the child's own bed;
new text end

new text begin (11) has a right to privacy and personal space, absent documented safety concerns;
new text end

new text begin (12) has a key to the home where the child resides, if the child is over ten years of age;
new text end

new text begin (13) has access to a working telephone or mobile phone;
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new text begin (14) receives mail addressed to the child, promptly and without restriction;
new text end

new text begin (15) has access to transportation, as needed;
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new text begin (16) has necessary personal hygiene products;
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new text begin (17) has access to nutritious food;
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new text begin (18) has sufficient luggage to transport belongings when moving;
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new text begin (19) has at least three days' supply of clean and appropriate clothing upon entering foster
care;
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new text begin (20) is able to retrieve belongings from the child's previous home and keep gifts received
while in foster care;
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new text begin (21) is disciplined in an appropriate manner;
new text end

new text begin (22) may practice the religion of the child's choice, facilitated by the child's foster family,
as necessary;
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new text begin (23) has the freedom to express the child's sexual orientation or gender identity, without
punishment or reproach;
new text end

new text begin (24) has access to culturally significant events, celebrations, and customs, and access to
the child's cultural community;
new text end

new text begin (25) receives assistance with tribal enrollment, if applicable;
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new text begin (26) is permitted to participate in school activities, sports, and other extracurricular
activities;
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new text begin (27) is included in family vacations with the child's foster family, if possible;
new text end

new text begin (28) may spend overnights outside the family child foster care home, at the discretion
of the foster parents and without prior approval by the county social worker, once a child
is 16 years of age;
new text end

new text begin (29) may meet regularly with a peer support group or peer mentor;
new text end

new text begin (30) receives assistance with obtaining employment and post-secondary education, and
assistance with independent living skills, as appropriate;
new text end

new text begin (31) receives information about and assistance with obtaining automobile insurance and
a driver's license;
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new text begin (32) receives information about and assistance with establishing a bank account; and
new text end

new text begin (33) receives an annual credit report, if applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for each child in foster care on or after
August 1, 2019, regardless of when the child entered foster care.
new text end