SF 2939

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; defining foster care rate; 
  1.3             changing the relative custody assistance payment rate 
  1.4             and the adoption assistance rate; appropriating money; 
  1.5             amending Minnesota Statutes 2000, sections 257.85, 
  1.6             subdivision 7; 259.67, subdivision 2; Minnesota 
  1.7             Statutes 2001 Supplement, section 257.85, subdivision 
  1.8             3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.11  257.85, subdivision 3, is amended to read: 
  1.12     Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
  1.13  terms defined in this subdivision have the meanings given them. 
  1.14     (a) "MFIP standard" means the transitional standard used to 
  1.15  calculate assistance under the MFIP-S program, or, if permanent 
  1.16  legal and physical custody of the child is given to a relative 
  1.17  custodian residing outside of Minnesota, the analogous 
  1.18  transitional standard or standard of need used to calculate 
  1.19  assistance under the TANF program of the state where the 
  1.20  relative custodian lives. 
  1.21     (b) "Local agency" means the local social services agency 
  1.22  with legal custody of a child prior to the transfer of permanent 
  1.23  legal and physical custody. 
  1.24     (c) "Permanent legal and physical custody" means permanent 
  1.25  legal and physical custody ordered by a Minnesota juvenile court 
  1.26  under section 260C.201, subdivision 27. 
  1.27     (d) "Relative" has the meaning given in section 260C.007, 
  2.1   subdivision 27. 
  2.2      (e) "Relative custodian" means a person who has permanent 
  2.3   legal and physical custody of a child.  When siblings, including 
  2.4   half-siblings and stepsiblings, are placed together in permanent 
  2.5   legal and physical custody, the person receiving permanent legal 
  2.6   and physical custody of the siblings is considered a relative 
  2.7   custodian of all of the siblings for purposes of this section. 
  2.8      (f) "Relative custody assistance agreement" means an 
  2.9   agreement entered into between a local agency and a person who 
  2.10  has been or will be awarded permanent legal and physical custody 
  2.11  of a child. 
  2.12     (g) "Relative custody assistance payment" means a monthly 
  2.13  cash grant made to a relative custodian pursuant to a relative 
  2.14  custody assistance agreement and in an amount calculated under 
  2.15  subdivision 7. 
  2.16     (h) "Remains in the physical custody of the relative 
  2.17  custodian" means that the relative custodian is providing 
  2.18  day-to-day care for the child and that the child lives with the 
  2.19  relative custodian; absence from the relative custodian's home 
  2.20  for a period of more than 120 days raises a presumption that the 
  2.21  child no longer remains in the physical custody of the relative 
  2.22  custodian. 
  2.23     (i) "Foster care rate" means the ongoing monthly amount 
  2.24  that would be paid in support of a child if the child were in 
  2.25  family foster care.  The rate is composed, at a minimum, of a 
  2.26  monthly maintenance standard.  The rate must also include a 
  2.27  difficulty of care payment if appropriate for the child. 
  2.28     Sec. 2.  Minnesota Statutes 2000, section 257.85, 
  2.29  subdivision 7, is amended to read: 
  2.30     Subd. 7.  [AMOUNT OF RELATIVE CUSTODY ASSISTANCE PAYMENTS.] 
  2.31  (a) The amount of a monthly relative custody assistance payment 
  2.32  shall be determined according to the provisions of this 
  2.33  paragraph. 
  2.34     (1) The total maximum assistance rate is equal to the base 
  2.35  assistance rate plus, if applicable, the supplemental assistance 
  2.36  rate. 
  3.1      (i) The base assistance rate is equal to the maximum amount 
  3.2   that could be received as basic maintenance for a child of the 
  3.3   same age under the adoption assistance program. 
  3.4      (ii) The local agency shall determine whether the child has 
  3.5   physical, mental, emotional, or behavioral disabilities that 
  3.6   require care, supervision, or structure beyond that ordinarily 
  3.7   provided in a family setting to children of the same age such 
  3.8   that the child would be eligible for supplemental maintenance 
  3.9   payments under the adoption assistance program if an adoption 
  3.10  assistance agreement were entered on the child's behalf.  If the 
  3.11  local agency determines that the child has such a disability, 
  3.12  the supplemental assistance rate shall be the maximum amount of 
  3.13  monthly supplemental maintenance payment that could be received 
  3.14  on behalf of a child of the same age, disabilities, and 
  3.15  circumstances under the adoption assistance program. 
  3.16     (2) The net maximum assistance rate is equal to the total 
  3.17  maximum assistance rate from clause (1) less the following 
  3.18  offsets: 
  3.19     (i) if the child is or will be part of an assistance unit 
  3.20  receiving an MFIP-S grant or a grant from a similar program of 
  3.21  another state, the portion of the MFIP standard relating to the 
  3.22  child as calculated under paragraph (b), clause (2); 
  3.23     (ii) Supplemental Security Income payments received by or 
  3.24  on behalf of the child; 
  3.25     (iii) veteran's benefits received by or on behalf of the 
  3.26  child; and 
  3.27     (iv) any other income of the child, including child support 
  3.28  payments made on behalf of the child. 
  3.29     (3) The relative custody assistance payment to be made to 
  3.30  the relative custodian shall be a percentage of the net maximum 
  3.31  assistance rate calculated in clause (2) based upon the gross 
  3.32  income of the relative custodian's family, including the child 
  3.33  for whom the relative custodian has permanent legal and physical 
  3.34  custody.  In no case shall the amount of the relative custody 
  3.35  assistance payment exceed that which the child could qualify for 
  3.36  under the adoption assistance program if an adoption assistance 
  4.1   agreement were entered on the child's behalf.  The relative 
  4.2   custody assistance payment shall be calculated as follows: 
  4.3      (i) if the relative custodian's gross family income is less 
  4.4   than or equal to 200 percent of federal poverty guidelines, the 
  4.5   relative custody assistance payment shall be the full amount of 
  4.6   the net maximum assistance rate; 
  4.7      (ii) if the relative custodian's gross family income is 
  4.8   greater than 200 percent and less than or equal to 225 percent 
  4.9   of federal poverty guidelines, the relative custody assistance 
  4.10  payment shall be 80 percent of the net maximum assistance rate; 
  4.11     (iii) if the relative custodian's gross family income is 
  4.12  greater than 225 percent and less than or equal to 250 percent 
  4.13  of federal poverty guidelines, the relative custody assistance 
  4.14  payment shall be 60 percent of the net maximum assistance rate; 
  4.15     (iv) if the relative custodian's gross family income is 
  4.16  greater than 250 percent and less than or equal to 275 percent 
  4.17  of federal poverty guidelines, the relative custody assistance 
  4.18  payment shall be 40 percent of the net maximum assistance rate; 
  4.19     (v) if the relative custodian's gross family income is 
  4.20  greater than 275 percent and less than or equal to 300 percent 
  4.21  of federal poverty guidelines, the relative custody assistance 
  4.22  payment shall be 20 percent of the net maximum assistance rate; 
  4.23  or 
  4.24     (vi) if the relative custodian's gross family income is 
  4.25  greater than 300 percent of federal poverty guidelines, no 
  4.26  relative custody assistance payment shall be made. 
  4.27     For relative custody assistance agreements entered into on 
  4.28  or after July 1, 2002, the monthly relative custody assistance 
  4.29  payment rate is equal to the foster care rate for the child.  
  4.30  For relative custody assistance agreements already in effect on 
  4.31  July 1, 2002, the total monthly relative custody assistance 
  4.32  payment rate must be increased to the foster care rate for the 
  4.33  child effective July 1, 2002.  If the child was in foster care 
  4.34  immediately prior to the transfer of permanent legal and 
  4.35  physical custody to the relative custodian, the initial total 
  4.36  relative custody assistance rate must equal the rate for the 
  5.1   child when the child was in foster care.  All relative custody 
  5.2   assistance agreements must be indexed to the foster care rates 
  5.3   established under section 256.82, subdivision 3. 
  5.4      (b) The following provisions cover the relationship between 
  5.5   relative custody assistance and assistance programs: 
  5.6      (1) The relative custodian of a child for whom the relative 
  5.7   custodian is receiving relative custody assistance is expected 
  5.8   to seek whatever assistance is available for the child through 
  5.9   MFIP-S or, if the relative custodian resides in a state other 
  5.10  than Minnesota, similar programs of that state.  If a relative 
  5.11  custodian fails to apply for assistance through MFIP-S or other 
  5.12  program for which the child is eligible, the child's portion of 
  5.13  the MFIP standard will be calculated as if application had been 
  5.14  made and assistance received. 
  5.15     (2) The portion of the MFIP standard relating to each child 
  5.16  for whom relative custody assistance is being received shall be 
  5.17  calculated as follows: 
  5.18     (i) determine the total MFIP standard for the assistance 
  5.19  unit; 
  5.20     (ii) determine the amount that the MFIP standard would have 
  5.21  been if the assistance unit had not included the children for 
  5.22  whom relative custody assistance is being received; 
  5.23     (iii) subtract the amount determined in item (ii) from the 
  5.24  amount determined in item (i); and 
  5.25     (iv) divide the result in item (iii) by the number of 
  5.26  children for whom relative custody assistance is being received 
  5.27  that are part of the assistance unit. 
  5.28     (3) If a child for whom relative custody assistance is 
  5.29  being received is not eligible for assistance through MFIP-S or 
  5.30  similar programs of another state, the portion of MFIP standard 
  5.31  relating to that child shall be equal to zero. 
  5.32     Sec. 3.  Minnesota Statutes 2000, section 259.67, 
  5.33  subdivision 2, is amended to read: 
  5.34     Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] (a) The placing 
  5.35  agency shall certify a child as eligible for adoption assistance 
  5.36  according to rules promulgated by the commissioner.  Not later 
  6.1   than 30 days after a parent or parents are found and approved 
  6.2   for adoptive placement of a child certified as eligible for 
  6.3   adoption assistance, and before the final decree of adoption is 
  6.4   issued, a written agreement must be entered into by the 
  6.5   commissioner, the adoptive parent or parents, and the placing 
  6.6   agency.  The written agreement must be in the form prescribed by 
  6.7   the commissioner and must set forth the responsibilities of all 
  6.8   parties, the anticipated duration of the adoption assistance 
  6.9   payments, and the payment terms.  The adoption assistance 
  6.10  agreement shall be subject to the commissioner's approval, which 
  6.11  must be granted or denied not later than 15 days after the 
  6.12  agreement is entered. 
  6.13     (b) The amount of adoption assistance is subject to the 
  6.14  availability of state and federal funds and shall be determined 
  6.15  through agreement with the adoptive parents.  The agreement 
  6.16  shall take into consideration the circumstances of the adopting 
  6.17  parent or parents, the needs of the child being adopted and may 
  6.18  provide ongoing monthly assistance, supplemental maintenance 
  6.19  expenses related to the adopted person's special needs, 
  6.20  nonmedical expenses periodically necessary for purchase of 
  6.21  services, items, or equipment related to the special needs, and 
  6.22  medical expenses.  The placing agency or the adoptive parent or 
  6.23  parents shall provide written documentation to support the need 
  6.24  for adoption assistance payments.  Notwithstanding Minnesota 
  6.25  Rules, part 9560.0083, for adoption assistance agreements 
  6.26  entered into on or after July 1, 2002, the monthly adoption 
  6.27  assistance rate must be determined based on the rate that would 
  6.28  be paid on behalf of the child if the child were in family 
  6.29  foster care.  Notwithstanding Minnesota Rules, part 9560.0083, 
  6.30  for adoption assistance agreements already in effect on July 1, 
  6.31  2002, the adoption assistance rate must be determined based on 
  6.32  the rate that would be paid on behalf of the child if the child 
  6.33  were in family foster care, effective July 1, 2002.  All 
  6.34  adoption assistance agreements must be indexed to the foster 
  6.35  care rates established under section 256.82, subdivision 3.  The 
  6.36  adoption assistance rates under all adoption assistance 
  7.1   agreements may include a subsidy for special nonmedical needs 
  7.2   under Minnesota Rules, part 9560.0083, subpart 7, but must not 
  7.3   exceed the rate that would be paid on behalf of the child if the 
  7.4   child were in family foster care.  The commissioner may require 
  7.5   periodic reevaluation of adoption assistance payments.  The 
  7.6   amount of ongoing monthly adoption assistance granted may in no 
  7.7   case exceed that which would be allowable for the child under 
  7.8   foster family care and is subject to the availability of state 
  7.9   and federal funds. 
  7.10     Sec. 4.  [APPROPRIATION.] 
  7.11     $....... in fiscal year 2003 is appropriated from the 
  7.12  children's account in the general fund to the commissioner of 
  7.13  human services for the purposes of sections 1 to 3.