SF 2505

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; imposing certain duties on the 
  1.3             Department of Human Services; providing certain rights 
  1.4             to foster care providers and prospective adoptive 
  1.5             parents; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 260C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [260C.216] [DEPARTMENT'S DUTIES TO FOSTER CARE 
  1.9   PROVIDERS AND PROSPECTIVE ADOPTIVE PARENTS.] 
  1.10     Subdivision 1.  [SCOPE; PURPOSE.] In order for children 
  1.11  placed with foster care providers or prospective adoptive 
  1.12  parents under this chapter to receive the best possible care, 
  1.13  this section imposes certain duties on the Department of Human 
  1.14  Services and provides certain rights to the providers.  For 
  1.15  purposes of this section, "department" means the Department of 
  1.16  Human Services. 
  1.17     Subd. 2.  [HEALTH OR SAFETY CONCERNS.] Within 30 days of 
  1.18  the placement of a child in a specific home, the department 
  1.19  shall inform the foster parents or prospective adoptive parents 
  1.20  of issues pertaining to the child that may jeopardize the health 
  1.21  and safety of the caregiver's family or alter the manner in 
  1.22  which the child should be parented, including any past 
  1.23  allegations of abuse made by the child against previous foster 
  1.24  parents or adoptive parents. 
  1.25     Subd. 3.  [REVIEW OF INFORMATION.] Prior to the placement 
  1.26  of a child in a specific home, the department shall allow the 
  2.1   foster parents or prospective adoptive parents to review written 
  2.2   information concerning the child and allow the parents to assist 
  2.3   in determining if the child would be a proper placement for the 
  2.4   prospective family.  For emergency foster care placements where 
  2.5   time does not allow prior review of the information, the 
  2.6   department shall provide information as it becomes available, 
  2.7   including, but not limited to, all information regarding the 
  2.8   child's contact with the birth family and the child's cultural 
  2.9   heritage. 
  2.10     Subd. 4.  [CLEAR, WRITTEN CASE PLAN.] The department shall 
  2.11  provide a clear, written case plan concerning placement of a 
  2.12  child in a foster parent's home, formulated with assistance from 
  2.13  agency personnel and the foster parents. 
  2.14     Subd. 5.  [ONGOING PLAN DEVELOPMENT.] The department shall 
  2.15  solicit the input of the foster parent in its ongoing 
  2.16  development of the plan of services for the child. 
  2.17     Subd. 6.  [TIMELY INFORMATION.] The department shall 
  2.18  provide all information regarding the child and the child's 
  2.19  family background and health history to the foster parents in a 
  2.20  timely manner and shall provide additional or necessary 
  2.21  information that is relevant to the care of the child on an 
  2.22  ongoing basis.  Confidential information received by the foster 
  2.23  parents must be kept confidential, except as necessary to 
  2.24  promote or protect the health and welfare of the child. 
  2.25     Subd. 7.  [CHANGES IN CASE PLAN; TERMINATION OF PLACEMENT.] 
  2.26  The department shall provide the foster parents with timely 
  2.27  written notification of changes in the case plan or termination 
  2.28  of the placement and the reasons for the changes or termination 
  2.29  of placement, except in cases of immediate response for child 
  2.30  protective purposes. 
  2.31     Subd. 8.  [SCHEDULED MEETINGS.] The department shall inform 
  2.32  the foster parents of scheduled meetings and staffing concerning 
  2.33  the foster child.  The foster parents must be permitted to 
  2.34  actively participate in the case planning and decision-making 
  2.35  process regarding the child in foster care, including individual 
  2.36  service planning meetings, foster care reviews, and individual 
  3.1   educational planning meetings.  
  3.2      Subd. 9.  [COURT ORDERS AND PROCEEDINGS.] The department 
  3.3   shall inform foster parents of decisions made by the courts or 
  3.4   the child welfare agency concerning the child and shall promote 
  3.5   and encourage foster parents to be involved in all court 
  3.6   hearings.  The department shall notify the foster parents of all 
  3.7   court hearings.  This notification may include, but is not 
  3.8   limited to, notice of the date and time of the court hearing, 
  3.9   the name of the judge or hearing officer hearing the case, the 
  3.10  location of the hearing, and the court docket number of the 
  3.11  case.  Notification must be made upon the department's receipt 
  3.12  of this information or at the same time that notification is 
  3.13  issued to birth parents.  The foster parents must be permitted 
  3.14  to attend the hearings at the discretion of the court.  
  3.15     Subd. 10.  [COMMUNICATION WITH PROFESSIONALS.] The 
  3.16  department shall provide written consent so that the foster 
  3.17  parents can communicate with professionals who work with the 
  3.18  foster child, including any therapists, physicians, and teachers.
  3.19     Subd. 11.  [FOSTER HOME RECORD.] Upon request, the 
  3.20  department shall provide copies of all information related to 
  3.21  the foster family and services contained in that family's 
  3.22  personal foster home record. 
  3.23     Subd. 12.  [MEDIATION EFFORTS.] The department shall advise 
  3.24  the foster parents of mediation efforts through publication in 
  3.25  departmental policy manuals and the Foster Parent Handbook.  The 
  3.26  foster parents may file for mediation efforts in response to any 
  3.27  violations of this section and have the right to an appeal. 
  3.28     Subd. 13.  [DEPARTMENTAL ATTITUDE.] The department shall 
  3.29  treat a foster parent with dignity, respect, trust, and 
  3.30  consideration as a primary provider of care for children and a 
  3.31  member of the professional team. 
  3.32     Subd. 14.  [EXPLANATION OF ROLES OF PARTIES.] The 
  3.33  department shall provide the foster parents with a clear, 
  3.34  written explanation and understanding of the role of the 
  3.35  department and the role of members of the child's birth family 
  3.36  in a child's foster care. 
  4.1      Subd. 15.  [CONTINUOUS DEPARTMENTAL AVAILABILITY.] The 
  4.2   department shall provide a means by which the foster parents can 
  4.3   contact the department 24 hours a day, seven days a week for the 
  4.4   purpose of receiving agency assistance. 
  4.5      Subd. 16.  [TIMELY FINANCIAL ASSISTANCE.] The department 
  4.6   shall provide the foster parents timely and adequate financial 
  4.7   reimbursement for the quality and knowledgeable care of a child 
  4.8   in foster care and advise foster parents of the availability of 
  4.9   difficulty-of-care, clothing allowances, and other financial 
  4.10  assistance and social services. 
  4.11     Subd. 17.  [TRAINING.] The department shall provide foster 
  4.12  parents and adoptive parents with training and support for the 
  4.13  purpose of improving skills in providing daily care and meeting 
  4.14  the special needs of foster children and adopted children and 
  4.15  training for foster parents on obtaining support and information 
  4.16  concerning the rights and responsibilities of the foster parents.
  4.17     Subd. 18.  [CONTINUITY.] If a child has been in a specific 
  4.18  home for a significant period of time, develops an emotional 
  4.19  connection to the caregiver, and becomes available for adoption 
  4.20  or permanent placement, the department shall consider the foster 
  4.21  parents as a possible first choice permanent parents for the 
  4.22  child.  The department shall consider a former foster family as 
  4.23  a placement option when a foster child, who was formerly placed 
  4.24  with the foster parents, reenters foster care.  A placement 
  4.25  under this subdivision must only be made if it is in the best 
  4.26  interests of the child.