SF 2125

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/15/2019 08:42am

A bill for an act
relating to human services; requiring the commissioner of human services to ensure
certain minimum standards for children in foster care; proposing coding for new
law in Minnesota Statutes, chapter 260C.

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

Section 1.

new text begin [260C.009] FOSTER CARE MINIMUM STANDARDS.
new text end

new text begin The commissioner shall ensure that each child placed in foster care is entitled to certain
minimum standards while in foster care. Each child placed in foster care shall receive
notification of these minimum standards 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. The document shall include the address and telephone number
of the Office of Ombudsman for Families and a brief statement describing how to file a
complaint with the office concerning a violation of any minimum standard. A child's social
worker must review the document annually with the child in an age and developmentally
appropriate manner. The commissioner shall develop a form outlining these minimum
standards and providing additional guidance, and issue a bulletin listing these minimum
standards and the requirements for responsible social services agencies as soon as is
practicable. The commissioner shall include the information required under this paragraph
in training materials for adoption and foster care workers and administrators. The
commissioner shall ensure that a child in foster care has:
new text end

new text begin (1) the basic support that every child needs, which includes a family, a safe home with
appropriate sleeping arrangements, nutritious food, clothing, hygiene products, the child's
own belongings, and access to a working phone;
new text end

new text begin (2) safety, which includes respectful treatment, appropriate discipline, protection from
maltreatment, and communication with trusted adults without fear of retaliation;
new text end

new text begin (3) contact with caring people, which includes visiting or communicating with family
and friends, and participating in activities with peers;
new text end

new text begin (4) health care, which includes routine checkups, doctor visits when the child is sick,
and access to medical, dental, or mental health providers as necessary;
new text end

new text begin (5) education, which includes attending age-appropriate educational classes or
extracurricular activities;
new text end

new text begin (6) access to legal resources, which includes appointment of and access to an attorney,
guardian ad litem, or social worker, notification of court proceedings, orders, or
determinations;
new text end

new text begin (7) placement in an environment that meets the child's needs, which includes a placement
in close proximity to the child's family, reasonable access to a bedroom, fair rules with
explanations, not using detention as respite or emergency placement, and stability;
new text end

new text begin (8) age-appropriate decision-making authority, which includes participation in case
planning discussions and the ability to express the child's gender, sexual identity, religion,
or culture; and
new text end

new text begin (9) access to transitional support information, which includes materials for aging out of
care and for accessing records.
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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