Minnesota Legislature
HF 3856
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 09:36am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/14/2024 |
Current Version - as introduced
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A bill for an act
relating to foster care; modifying notice requirements for foster children receiving
benefits; amending Minnesota Statutes 2022, sections 256N.26, subdivisions 12,
13; 260C.4411, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 256N.26, subdivision 12, is amended to read:
Subd. 12.
Treatment of Supplemental Security Income.
new text begin (a) new text end If a child placed in foster
care receives benefits through Supplemental Security Income (SSI) at the time of foster
care placement or subsequent to placement in foster care, the financially responsible agency
may apply to be the payee for the child for the duration of the child's placement in foster
care. If a child continues to be eligible for SSI after finalization of the adoption or transfer
of permanent legal and physical custody and is determined to be eligible for a payment
under Northstar Care for Children, a permanent caregiver may choose to receive payment
from both programs simultaneously. The permanent caregiver is responsible to report the
amount of the payment to the Social Security Administration and the SSI payment will be
reduced as required by the Social Security Administration.
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(b) If a financially responsible agency applies to be the payee for a child who receives
benefits through SSI, or receives the benefits under this subdivision on behalf of a child,
the financially responsible agency must provide written notice by certified mail, return
receipt requested to:
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(1) the child, if the child is 13 years of age or older;
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(2) the child's next of kin;
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(3) the guardian ad litem;
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(4) the legally responsible agency; and
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(5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.
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(c) If a financially responsible agency receives benefits under this subdivision on behalf
of a child 13 years of age or older, the legally responsible agency and the guardian ad litem
must disclose this information to the child in person in a manner that best helps the child
understand the information. This paragraph does not apply in circumstances where the child
is living outside of Minnesota.
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(d) If a financially responsible agency receives the benefits under this subdivision on
behalf of a child, it cannot use those funds for any other purpose than the care of that child.
The financially responsible agency must not commingle any benefits received under this
subdivision and must not put the benefits received on behalf of a child under this subdivision
into a general fund.
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(e) If a financially responsible agency receives any benefits under this subdivision, it
must keep a record of:
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(1) the total dollar amount it received on behalf of all children it receives benefits for;
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(2) the total number of children it applied to be a payee for; and
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(3) the total number of children it received benefits for.
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(f) By January 1 of each year, each financially responsible agency must submit a report
to the commissioner of human services that includes the information required under this
paragraph. By January 31 of each year, the commissioner must submit a report to the chairs
and ranking minority members of the legislative committees with jurisdiction over child
protection that compiles the information provided to the commissioner by each financially
responsible agency under paragraph (e); subdivision 13, paragraph (e); and section
260C.4411, subdivision 3, paragraph (d).
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Sec. 2.
Minnesota Statutes 2022, section 256N.26, subdivision 13, is amended to read:
Subd. 13.
Treatment of retirement survivor's disability insurance, veteran's benefits,
railroad retirement benefits, and black lung benefits.
new text begin (a)new text end If a child placed in foster care
receives retirement survivor's disability insurance, veteran's benefits, railroad retirement
benefits, or black lung benefits at the time of foster care placement or subsequent to
placement in foster care, the financially responsible agency may apply to be the payee for
the child for the duration of the child's placement in foster care. If it is anticipated that a
child will be eligible to receive retirement survivor's disability insurance, 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.
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(b) If the financially responsible agency applies to be the payee for a child who receives
retirement survivor's disability insurance, veteran's benefits, railroad retirement benefits,
or black lung benefits, or receives the benefits under this subdivision on behalf of a child,
the financially responsible agency must provide written notice by certified mail, return
receipt requested to:
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(1) the child, if the child is 13 years of age or older;
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(2) the child's next of kin;
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(3) the guardian ad litem;
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(4) the legally responsible agency; and
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(5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.
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(c) If a financially responsible agency receives benefits under this subdivision on behalf
of a child 13 years of age or older, the legally responsible agency and the guardian ad litem
must disclose this information to the child in person in a manner that best helps the child
understand the information. This paragraph does not apply in circumstances where the child
is living outside of Minnesota.
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(d) If a financially responsible agency receives the benefits under this subdivision on
behalf of a child, it cannot use those funds for any other purpose than the care of that child.
The financially responsible agency must not commingle any benefits received under this
subdivision and must not put the benefits received on behalf of a child under this subdivision
into a general fund.
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(e) If a financially responsible agency receives any benefits under this subdivision, it
must keep a record of:
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(1) the total dollar amount it received on behalf of all children it receives benefits for;
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(2) the total number of children it applied to be a payee for; and
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(3) the total number of children it received benefits for.
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(f) By January 1 of each year, each financially responsible agency must submit a report
to the commissioner of human services that includes the information required under paragraph
(e).
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Sec. 3.
Minnesota Statutes 2022, section 260C.4411, is amended by adding a subdivision
to read:
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new text begin Notice. new text end
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(a) If the county of financial responsibility under section 256G.02 or
Tribal agency authorized under section 256.01, subdivision 14b, receives any benefits under
subdivision 2 on behalf of a child, it must provide written notice by certified mail, return
receipt requested to:
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(1) the child, if the child is 13 years of age or older;
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(2) the child's next of kin;
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(3) the guardian ad litem;
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(4) the legally responsible agency as defined in section 256N.02, subdivision 14; and
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(5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.
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(b) If the county of financial responsibility under section 256G.02 or Tribal agency
authorized under section 256.01, subdivision 14b, receives benefits under this subdivision
on behalf of a child 13 years of age or older, the legally responsible agency as defined in
section 256N.02, subdivision 14, and the guardian ad litem must disclose this information
to the child in person in a manner that best helps the child understand the information. This
paragraph does not apply in circumstances where the child is living outside of Minnesota.
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(c) If the county of financial responsibility under section 256G.02 or Tribal agency
authorized under section 256.01, subdivision 14b, receives the benefits under this subdivision
on behalf of a child, it cannot use those funds for any other purpose than the care of that
child. The county of financial responsibility or Tribal agency must not commingle any
benefits received under this subdivision and must not put the benefits received on behalf of
a child under subdivision 2 into a general fund.
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(d) If the county of financial responsibility under section 256G.02 or Tribal agency
authorized under section 256.01, subdivision 14b, receives any benefits under subdivision
2, it must keep a record of the total dollar amount it received on behalf of all children it
receives benefits for and the total number of children it receives benefits for. By January 1
of each year, the county of financial responsibility and Tribal agency must submit a report
to the commissioner of human services that includes the information required under this
paragraph.
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