3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 07/30/2021 10:59am
A bill for an act
relating to state government; modifying provisions governing children and family
services, child protection, adoption, child support, behavioral health services,
disability services, continuing care for older adults, community supports, health
care, human services licensing, and background studies; prohibiting recovery of
child care assistance overpayments due to department error; authorizing Tribal
government access to food shelf programs; eliminating TEFRA fees; establishing
grants to expand child care access for children with disabilities; implementing
family first program requirements; authorizing court-appointed counsel in child
protection proceedings; establishing children's mood disorder and emerging mood
disorder grant program; establishing alternate licensing inspections for accredited
substance use disorder providers; establishing the substance use disorder treatment
pathfinder companion pilot project; establishing a moratorium on development of
certain customized living settings; establishing the Minnesota inclusion initiative
grant program; establishing a customized living rate floor for certain assisted living
facilities; establishing a parent-to-parent peer support program for families of
children with special needs; establishing the supportive parenting pilot program;
establishing temporary retainer payments for certain providers of home and
community-based service providers; modernizing public guardianship statutes;
establishing the office of ombudsperson for child care providers; establishing
nonresidential family child care licensing requirements; establishing family child
care training advisory committee; providing technology to support foster family
recruitment and training; allowing driving as a covered service in community first
services and supports; establishing child care and early education quality and
affordability working group; implementing mental health uniform services
standards; establishing child care workforce development grants; establishing
COVID-19 public health support funds for child care programs; establishing child
care facility revitalization grant program; establishing the Jerry Relph family
supports and improvement plan; establishing legislative task force on human
services background studies disqualifications; making appointment; requiring
reports; making technical and conforming changes; making forecast adjustments;
transferring money; allocating federal block grant funds; appropriating money;
amending Minnesota Statutes 2020, sections 62A.152, subdivision 3; 62A.3094,
subdivision 1; 62Q.096; 62V.05, by adding a subdivision; 119B.09, subdivision
4; 119B.11, subdivision 2a; 119B.13, subdivisions 1, 6; 122A.18, subdivision 8;
144.0724, subdivision 4; 144.651, subdivision 2; 144A.073, subdivision 2, by
adding a subdivision; 144D.01, subdivision 4; 144G.08, subdivision 7, as amended;
148B.5301, subdivision 2; 148E.120, subdivision 2; 148F.11, subdivision 1;
245.462, subdivisions 1, 6, 8, 9, 14, 16, 17, 18, 21, 23, by adding a subdivision;
245.4661, subdivision 5; 245.4662, subdivision 1; 245.467, subdivisions 2, 3;
245.469, subdivisions 1, 2; 245.470, subdivision 1; 245.4712, subdivision 2;
245.472, subdivision 2; 245.4863; 245.4871, subdivisions 9a, 10, 11a, 17, 21, 26,
27, 29, 31, 32, 34, by adding a subdivision; 245.4874, subdivision 1; 245.4876,
subdivisions 2, 3; 245.4879, subdivision 1; 245.488, subdivision 1; 245.4882,
subdivision 1; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4901,
subdivision 2; 245.62, subdivision 2; 245.697, subdivision 1; 245.735, subdivisions
3, 5, by adding a subdivision; 245A.02, by adding subdivisions; 245A.03,
subdivision 7, by adding a subdivision; 245A.04, subdivision 5; 245A.041, by
adding a subdivision; 245A.043, subdivision 3; 245A.05; 245A.07, subdivision
1; 245A.08, subdivisions 4, 5; 245A.10, subdivision 4; 245A.14, subdivisions 1,
4; 245A.16, subdivision 1, by adding a subdivision; 245A.50, subdivisions 1a, 7;
245A.65, subdivision 2; 245C.03, by adding subdivisions; 245C.05, subdivisions
2c, 2d, 4; 245C.08, subdivision 3; 245C.10, by adding subdivisions; 245C.14,
subdivision 1; 245C.15, by adding a subdivision; 245C.24, subdivisions 2, 3, 4,
by adding a subdivision; 245D.02, subdivision 20; 245E.07, subdivision 1; 245F.04,
subdivision 2; 245G.03, subdivision 2; 246.54, subdivision 1b; 252.27, subdivision
2a; 252.43; 252A.01, subdivision 1; 252A.02, subdivisions 2, 9, 11, 12, by adding
subdivisions; 252A.03, subdivisions 3, 4; 252A.04, subdivisions 1, 2, 4; 252A.05;
252A.06, subdivisions 1, 2; 252A.07, subdivisions 1, 2, 3; 252A.081, subdivisions
2, 3, 5; 252A.09, subdivisions 1, 2; 252A.101, subdivisions 2, 3, 5, 6, 7, 8;
252A.111, subdivisions 2, 4, 6; 252A.12; 252A.16; 252A.17; 252A.19, subdivisions
2, 4, 5, 7, 8; 252A.20; 252A.21, subdivisions 2, 4; 254B.03, subdivision 2; 254B.05,
subdivision 5; 256.01, subdivision 14b; 256.0112, subdivision 6; 256.477; 256.741,
by adding subdivisions; 256B.051, subdivisions 1, 3, 5, 6, 7, by adding a
subdivision; 256B.0615, subdivisions 1, 5; 256B.0616, subdivisions 1, 3, 5;
256B.0622, subdivisions 1, 2, 3a, 4, 7, 7a, 7b, 7d; 256B.0623, subdivisions 1, 2,
3, 4, 5, 6, 9, 12; 256B.0624; 256B.0625, subdivisions 3b, 5, 5m, 19c, 28a, 42, 48,
49, 56a; 256B.0653, by adding a subdivision; 256B.0654, by adding a subdivision;
256B.0659, subdivisions 11, 17a; 256B.0757, subdivision 4c; 256B.0759,
subdivisions 2, 4, by adding subdivisions; 256B.0911, subdivisions 1a, 3a, 6, by
adding a subdivision; 256B.092, subdivision 1b; 256B.0941, subdivision 1;
256B.0943, subdivisions 1, 2, 3, 4, 5, 5a, 6, 7, 9, 11; 256B.0946, subdivisions 1,
1a, 2, 3, 4, 6; 256B.0947, subdivisions 1, 2, 3, 3a, 5, 6, 7; 256B.0949, subdivisions
2, 4, 5a, by adding a subdivision; 256B.097, by adding subdivisions; 256B.14,
subdivision 2; 256B.19, subdivision 1; 256B.25, subdivision 3; 256B.49,
subdivision 23, by adding a subdivision; 256B.4905, by adding subdivisions;
256B.4912, subdivision 13; 256B.4914, subdivisions 2, 5, 6, 7, 8, 9; 256B.5012,
by adding a subdivision; 256B.5013, subdivisions 1, 6; 256B.5015, subdivision
2; 256B.69, subdivision 5a; 256B.761; 256B.763; 256B.85, subdivisions 1, 2, 3,
4, 5, 6, 7, 7a, 8, 9, 10, 11, 11b, 12, 12b, 13, 13a, 15, 16, 17a, 18a, 20b, 23, 23a, by
adding subdivisions; 256D.051, by adding subdivisions; 256E.30, subdivision 2;
256E.34, subdivision 1; 256I.04, subdivision 3; 256I.05, subdivisions 1a, 1c, 1q,
11, by adding subdivisions; 256I.06, subdivision 8; 256J.08, subdivision 21;
256J.09, subdivision 3; 256J.30, subdivision 8; 256J.35; 256J.45, subdivision 1;
256J.626, subdivision 1; 256J.95, subdivision 5; 256L.03, subdivision 1; 256N.02,
subdivisions 16, 17; 256N.22, subdivision 1; 256N.23, subdivisions 2, 6; 256N.24,
subdivisions 1, 8, 11, 12, 14; 256N.25, subdivision 1, by adding a subdivision;
256P.01, subdivision 6a; 256P.02, subdivisions 1a, 2; 256P.04, subdivision 4;
256P.05; 256P.06, subdivision 3; 256S.203; 259.22, subdivision 4; 259.241; 259.35,
subdivision 1; 259.53, subdivision 4; 259.73; 259.75, subdivisions 5, 6, 9; 259.83,
subdivision 1a; 259A.75, subdivisions 1, 2, 3, 4; 260C.007, subdivisions 22a, 26c,
31; 260C.157, subdivision 3; 260C.163, subdivision 3; 260C.212, subdivisions 1,
1a, 2, 13, by adding a subdivision; 260C.215, subdivision 4; 260C.219, subdivision
5; 260C.4412; 260C.452; 260C.503, subdivision 2; 260C.515, subdivision 3;
260C.605, subdivision 1; 260C.607, subdivision 6; 260C.609; 260C.615; 260C.704;
260C.706; 260C.708; 260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06,
subdivision 2; 260D.07; 260D.08; 260D.14; 260E.20, subdivision 2; 260E.36, by
adding a subdivision; 295.50, subdivision 9b; 297E.02, subdivision 3; 325F.721,
subdivision 1; 466.03, subdivision 6d; 518.157, subdivisions 1, 3; 518.68,
subdivision 2; 518A.29; 518A.33; 518A.35, subdivisions 1, 2; 518A.39, subdivision
7; 518A.40, subdivision 4, by adding a subdivision; 518A.42; 518A.43, by adding
a subdivision; 518A.685; 548.091, subdivisions 1a, 2a, 3b, 9, 10; 549.09,
subdivision 1; Laws 2019, First Special Session chapter 9, article 5, section 86,
subdivision 1, as amended; Laws 2020, First Special Session chapter 7, section 1,
as amended; proposing coding for new law in Minnesota Statutes, chapters 119B;
245A; 245G; 254B; 256; 256B; 256S; 518A; proposing coding for new law as
Minnesota Statutes, chapter 245I; repealing Minnesota Statutes 2020, sections
245.462, subdivision 4a; 245.4871, subdivision 32a; 245.4879, subdivision 2;
245.62, subdivisions 3, 4; 245.69, subdivision 2; 245.735, subdivisions 1, 2, 4;
252.28, subdivisions 1, 5; 252A.02, subdivisions 8, 10; 252A.21, subdivision 3;
256B.0615, subdivision 2; 256B.0616, subdivision 2; 256B.0622, subdivisions 3,
5a; 256B.0623, subdivisions 7, 8, 10, 11; 256B.0625, subdivisions 5l, 35a, 35b,
61, 62, 65; 256B.0943, subdivisions 8, 10; 256B.0944; 256B.0946, subdivision
5; 256B.097, subdivisions 1, 2, 3, 4, 5, 6; 256B.4905, subdivisions 1, 2, 3, 4, 5, 6;
256D.051, subdivisions 1, 1a, 2, 2a, 3, 3a, 3b, 6b, 6c, 7, 8, 9, 18; 256D.052,
subdivision 3; 259A.70; Laws 2019, First Special Session chapter 9, article 5,
section 90; Minnesota Rules, parts 9505.0370; 9505.0371; 9505.0372; 9520.0010;
9520.0020; 9520.0030; 9520.0040; 9520.0050; 9520.0060; 9520.0070; 9520.0080;
9520.0090; 9520.0100; 9520.0110; 9520.0120; 9520.0130; 9520.0140; 9520.0150;
9520.0160; 9520.0170; 9520.0180; 9520.0190; 9520.0200; 9520.0210; 9520.0230;
9520.0750; 9520.0760; 9520.0770; 9520.0780; 9520.0790; 9520.0800; 9520.0810;
9520.0820; 9520.0830; 9520.0840; 9520.0850; 9520.0860; 9520.0870; 9530.6800;
9530.6810.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 119B.09, subdivision 4, is amended to read:
(a) Annual income of the applicant
family is the current monthly income of the family multiplied by 12 or the income for the
12-month period immediately preceding the date of application, or income calculated by
the method which provides the most accurate assessment of income available to the family.
(b) Self-employment income must be calculated based on deleted text begin gross receipts less operating
expensesdeleted text end new text begin section 256P.05, subdivision 2new text end .
(c) Income changes are processed under section 119B.025, subdivision 4. Included lump
sums counted as income under section 256P.06, subdivision 3, must be annualized over 12
months. Income must be verified with documentary evidence. If the applicant does not have
sufficient evidence of income, verification must be obtained from the source of the income.
new text begin
This section is effective May 1, 2022.
new text end
Minnesota Statutes 2020, section 119B.13, subdivision 1, is amended to read:
(a) The maximum rate paid for child care assistance
in any county or county price cluster under the child care fund shall be the greater of the
25th percentile of the deleted text begin 2018deleted text end new text begin 2021new text end child care provider rate survey or the rates in effect at the
time of the update. For a child care provider located within the boundaries of a city located
in two or more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid
for child care assistance shall be equal to the maximum rate paid in the county with the
highest maximum reimbursement rates or the provider's charge, whichever is less. The
commissioner may: (1) assign a county with no reported provider prices to a similar price
cluster; and (2) consider county level access when determining final price clusters.
(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(g) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.
(i) deleted text begin Beginning September 21, 2020,deleted text end The maximum registration fee paid for child care
assistance in any county or county price cluster under the child care fund shall be the greater
of the 25th percentile of the deleted text begin 2018deleted text end new text begin 2021new text end child care provider rate survey or the registration
fee in effect at the time of the update. Maximum registration fees must be set for licensed
family child care and for child care centers. For a child care provider located in the boundaries
of a city located in two or more of the counties of Benton, Sherburne, and Stearns, the
maximum registration fee paid for child care assistance shall be equal to the maximum
registration fee paid in the county with the highest maximum registration fee or the provider's
charge, whichever is less.
new text begin
This section is effective July 1, 2021.
new text end
Minnesota Statutes 2020, section 119B.13, subdivision 6, is amended to read:
(a) A provider shall bill only for services documented
according to section 119B.125, subdivision 6. The provider shall bill for services provided
within ten days of the end of the service period. Payments under the child care fund shall
be made within 21 days of receiving a complete bill from the provider. Counties or the state
may establish policies that make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.
(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of deleted text begin sixdeleted text end new text begin threenew text end months from the date the provider is issued
an authorization of care and billing form.new text begin For a family at application, if a provider provided
child care during a time period without receiving an authorization of care and a billing form,
a county may only make child care assistance payments to the provider retroactively from
the date that child care began, or from the date that the family's eligibility began under
section 119B.09, subdivision 7, or from the date that the family meets authorization
requirements, not to exceed six months from the date that the provider is issued an
authorization of care and billing form, whichever is later.
new text end
(d) A county or the commissioner may refuse to issue a child care authorization to a
licensed or legal nonlicensed provider, revoke an existing child care authorization to a
licensed or legal nonlicensed provider, stop payment issued to a licensed or legal nonlicensed
provider, or refuse to pay a bill submitted by a licensed or legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) a county or the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's billing
forms, or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;
(ii) an order of revocation of the provider's license; or
(iii) a final order of conditional license issued by the commissioner for as long as the
conditional license is in effect;
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request;
(6) the provider gives false child care price information; or
(7) the provider fails to report decreases in a child's attendance as required under section
119B.125, subdivision 9.
(e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), the county or the
commissioner may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.
(f) A county's payment policies must be included in the county's child care plan under
section 119B.08, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.
new text begin
(g) The commissioner shall not withhold a provider's authorization or payment under
paragraph (d) where the provider's alleged misconduct is the result of the provider relying
upon representations from the commissioner, local agency, or licensor that the provider had
been in compliance with the rules and regulations necessary to maintain the provider's
authorization.
new text end
new text begin
This section is effective July 1, 2021, except that the language
in paragraph (g) is effective retroactively from July 1, 2020.
new text end
Minnesota Statutes 2020, section 252.27, subdivision 2a, is amended to read:
(a) The natural or adoptive parents of a minor child,
new text begin not new text end including a child determined eligible for medical assistance without consideration of
parental incomenew text begin under the TEFRA option or for the purposes of accessing home and
community-based waiver servicesnew text end , must contribute to the cost of services used by making
monthly payments on a sliding scale based on income, unless the child is married or has
been married, parental rights have been terminated, or the child's adoption is subsidized
according to chapter 259A or through title IV-E of the Social Security Act. The parental
contribution is a partial or full payment for medical services provided for diagnostic,
therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care
services as defined in United States Code, title 26, section 213, needed by the child with a
chronic illness or disability.
(b) For households with adjusted gross income equal to or greater than 275 percent of
federal poverty guidelines, the parental contribution shall be computed by applying the
following schedule of rates to the adjusted gross income of the natural or adoptive parents:
(1) if the adjusted gross income is equal to or greater than 275 percent of federal poverty
guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental
contribution shall be determined using a sliding fee scale established by the commissioner
of human services which begins at 1.65 percent of adjusted gross income at 275 percent of
federal poverty guidelines and increases to 4.5 percent of adjusted gross income for those
with adjusted gross income up to 545 percent of federal poverty guidelines;
(2) if the adjusted gross income is greater than 545 percent of federal poverty guidelines
and less than 675 percent of federal poverty guidelines, the parental contribution shall be
4.5 percent of adjusted gross income;
(3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty
guidelines and less than 975 percent of federal poverty guidelines, the parental contribution
shall be determined using a sliding fee scale established by the commissioner of human
services which begins at 4.5 percent of adjusted gross income at 675 percent of federal
poverty guidelines and increases to 5.99 percent of adjusted gross income for those with
adjusted gross income up to 975 percent of federal poverty guidelines; and
(4) if the adjusted gross income is equal to or greater than 975 percent of federal poverty
guidelines, the parental contribution shall be 7.49 percent of adjusted gross income.
If the child lives with the parent, the annual adjusted gross income is reduced by $2,400
prior to calculating the parental contribution. If the child resides in an institution specified
in section 256B.35, the parent is responsible for the personal needs allowance specified
under that section in addition to the parental contribution determined under this section.
The parental contribution is reduced by any amount required to be paid directly to the child
pursuant to a court order, but only if actually paid.
(c) The household size to be used in determining the amount of contribution under
paragraph (b) includes natural and adoptive parents and their dependents, including the
child receiving services. Adjustments in the contribution amount due to annual changes in
the federal poverty guidelines shall be implemented on the first day of July following
publication of the changes.
(d) For purposes of paragraph (b), "income" means the adjusted gross income of the
natural or adoptive parents determined according to the previous year's federal tax form,
except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
have been used to purchase a home shall not be counted as income.
(e) The contribution shall be explained in writing to the parents at the time eligibility
for services is being determined. The contribution shall be made on a monthly basis effective
with the first month in which the child receives services. Annually upon redetermination
or at termination of eligibility, if the contribution exceeded the cost of services provided,
the local agency or the state shall reimburse that excess amount to the parents, either by
direct reimbursement if the parent is no longer required to pay a contribution, or by a
reduction in or waiver of parental fees until the excess amount is exhausted. All
reimbursements must include a notice that the amount reimbursed may be taxable income
if the parent paid for the parent's fees through an employer's health care flexible spending
account under the Internal Revenue Code, section 125, and that the parent is responsible
for paying the taxes owed on the amount reimbursed.
(f) The monthly contribution amount must be reviewed at least every 12 months; when
there is a change in household size; and when there is a loss of or gain in income from one
month to another in excess of ten percent. The local agency shall mail a written notice 30
days in advance of the effective date of a change in the contribution amount. A decrease in
the contribution amount is effective in the month that the parent verifies a reduction in
income or change in household size.
(g) Parents of a minor child who do not live with each other shall each pay the
contribution required under paragraph (a). An amount equal to the annual court-ordered
child support payment actually paid on behalf of the child receiving services shall be deducted
from the adjusted gross income of the parent making the payment prior to calculating the
parental contribution under paragraph (b).
(h) The contribution under paragraph (b) shall be increased by an additional five percent
if the local agency determines that insurance coverage is available but not obtained for the
child. For purposes of this section, "available" means the insurance is a benefit of employment
for a family member at an annual cost of no more than five percent of the family's annual
income. For purposes of this section, "insurance" means health and accident insurance
coverage, enrollment in a nonprofit health service plan, health maintenance organization,
self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services shall not be required to pay
more than the amount for the child with the highest expenditures. There shall be no resource
contribution from the parents. The parent shall not be required to pay a contribution in
excess of the cost of the services provided to the child, not counting payments made to
school districts for education-related services. Notice of an increase in fee payment must
be given at least 30 days before the increased fee is due.
(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in
the 12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a
complaint or appeal, in writing, to the commissioner of health or the commissioner of
commerce, or litigated the complaint or appeal; and
(4) as a result of the dispute, the insurer reversed its decision and granted insurance.
For purposes of this section, "insurance" has the meaning given in paragraph (h).
A parent who has requested a reduction in the contribution amount under this paragraph
shall submit proof in the form and manner prescribed by the commissioner or county agency,
includingdeleted text begin ,deleted text end but not limited todeleted text begin ,deleted text end the insurer's denial of insurance, the written letter or complaint
of the parents, court documents, and the written response of the insurer approving insurance.
The determinations of the commissioner or county agency under this paragraph are not rules
subject to chapter 14.
Minnesota Statutes 2020, section 256B.14, subdivision 2, is amended to read:
The state agency shall promulgate rules to
determine the ability of responsible relatives to contribute partial or complete payment or
repayment of medical assistance furnished to recipients for whom they are responsible. All
medical assistance exclusions shall be allowed, and a resource limit of $10,000 for
nonexcluded resources shall be implemented. Above these limits, a contribution of one-third
of the excess resources shall be required. These rules shall not require payment or repayment
when payment would cause undue hardship to the responsible relative or that relative's
immediate family. These rules shall deleted text begin be consistent with the requirements of section 252.27
fordeleted text end new text begin not apply tonew text end parents of children whose eligibility for medical assistance was determined
without deeming of the parents' resources and incomenew text begin under the TEFRA option or for the
purposes of accessing home and community-based waiver servicesnew text end . The county agency
shall give the responsible relative notice of the amount of the payment or repayment. If the
state agency or county agency finds that notice of the payment obligation was given to the
responsible relative, but that the relative failed or refused to pay, a cause of action exists
against the responsible relative for that portion of medical assistance granted after notice
was given to the responsible relative, which the relative was determined to be able to pay.
The action may be brought by the state agency or the county agency in the county where
assistance was granted, for the assistance, together with the costs of disbursements incurred
due to the action.
In addition to granting the county or state agency a money judgment, the court may,
upon a motion or order to show cause, order continuing contributions by a responsible
relative found able to repay the county or state agency. The order shall be effective only
for the period of time during which the recipient receives medical assistance from the county
or state agency.
Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision
to read:
new text begin
The commissioner shall implement a
Supplemental Nutrition Assistance Program (SNAP) employment and training program
that meets the SNAP employment and training participation requirements of the United
States Department of Agriculture governed by Code of Federal Regulations, title 7, section
273.7. The commissioner shall operate a SNAP employment and training program in which
SNAP recipients elect to participate. In order to receive SNAP assistance beyond the time
limit, unless residing in an area covered by a time-limit waiver governed by Code of Federal
Regulations, title 7, section 273.24, nonexempt SNAP recipients who do not meet federal
SNAP work requirements must participate in an employment and training program. In
addition to county and Tribal agencies that administer SNAP, the commissioner may contract
with third-party providers for SNAP employment and training services.
new text end
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision
to read:
new text begin
County or Tribal agencies that administer
SNAP shall inform adult SNAP recipients about employment and training services and
providers in the recipient's area. County or Tribal agencies that administer SNAP may elect
to subcontract with a public or private entity approved by the commissioner to provide
SNAP employment and training services.
new text end
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision
to read:
new text begin
In addition to any other duties imposed by law, the
commissioner shall:
new text end
new text begin
(1) supervise the administration of SNAP employment and training services to county,
Tribal, and contracted agencies under this section and Code of Federal Regulations, title 7,
section 273.7;
new text end
new text begin
(2) disburse money allocated and reimbursed for SNAP employment and training services
to county, Tribal, and contracted agencies;
new text end
new text begin
(3) accept and supervise the disbursement of any funds that may be provided by the
federal government or other sources for SNAP employment and training services;
new text end
new text begin
(4) cooperate with other agencies, including any federal agency or agency of another
state, in all matters concerning the powers and duties of the commissioner under this section;
new text end
new text begin
(5) coordinate with the commissioner of employment and economic development to
deliver employment and training services statewide;
new text end
new text begin
(6) work in partnership with counties, tribes, and other agencies to enhance the reach
and services of a statewide SNAP employment and training program; and
new text end
new text begin
(7) identify eligible nonfederal funds to earn federal reimbursement for SNAP
employment and training services.
new text end
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision
to read:
new text begin
Unless residing in an area covered by a time-limit waiver,
nonexempt SNAP recipients must meet federal SNAP work requirements to receive SNAP
assistance beyond the time limit.
new text end
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision
to read:
new text begin
(a) The United States Department of Agriculture annually
allocates SNAP employment and training funds to the commissioner of human services for
the operation of the SNAP employment and training program.
new text end
new text begin
(b) The United States Department of Agriculture authorizes the disbursement of SNAP
employment and training reimbursement funds to the commissioner of human services for
the operation of the SNAP employment and training program.
new text end
new text begin
(c) Except for funds allocated for state program development and administrative purposes
or designated by the United States Department of Agriculture for a specific project, the
commissioner of human services shall disburse money allocated for federal SNAP
employment and training to counties and tribes that administer SNAP based on a formula
determined by the commissioner that includes but is not limited to the county's or tribe's
proportion of adult SNAP recipients as compared to the statewide total.
new text end
new text begin
(d) The commissioner of human services shall disburse federal funds that the
commissioner receives as reimbursement for SNAP employment and training costs to the
state agency, county, tribe, or contracted agency that incurred the costs being reimbursed.
new text end
new text begin
(e) The commissioner of human services may reallocate unexpended money disbursed
under this section to county, Tribal, or contracted agencies that demonstrate a need for
additional funds.
new text end
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 256E.30, subdivision 2, is amended to read:
(a) State money appropriated and community service
block grant money allotted to the state and all money transferred to the community service
block grant from other block grants shall be allocated annually to community action agencies
and Indian reservation governments under paragraphs (b) and (c), and to migrant and seasonal
farmworker organizations under paragraph (d).
(b) The available annual money will provide base funding to all community action
agencies and the Indian reservations. Base funding amounts per agency are as follows: for
agencies with low income populations up to deleted text begin 1,999, $25,000; 2,000 todeleted text end 23,999, $50,000; and
24,000 or more, $100,000.
(c) All remaining money of the annual money available after the base funding has been
determined must be allocated to each agency and reservation in proportion to the size of
the poverty level population in the agency's service area compared to the size of the poverty
level population in the state.
(d) Allocation of money to migrant and seasonal farmworker organizations must not
exceed three percent of the total annual money available. Base funding allocations must be
made for all community action agencies and Indian reservations that received money under
this subdivision, in fiscal year 1984, and for community action agencies designated under
this section with a service area population of 35,000 or greater.
new text begin
This section is effective July 1, 2021.
new text end
Minnesota Statutes 2020, section 256E.34, subdivision 1, is amended to read:
The commissioner must distribute funds
appropriated to the commissioner by law for that purpose to Hunger Solutions, a statewide
association of food shelves organized as a nonprofit corporation as defined under section
501(c)(3) of the Internal Revenue Code of 1986, to distribute to qualifying food shelves. A
food shelf qualifies under this section if:
(1) it is a nonprofit corporation, or is affiliated with a nonprofit corporation, as defined
in section 501(c)(3) of the Internal Revenue Code of 1986new text begin or a federally recognized Tribal
nationnew text end ;
(2) it distributes standard food orders without charge to needy individuals. The standard
food order must consist of at least a two-day supply or six pounds per person of nutritionally
balanced food items;
(3) it does not limit food distributions to individuals of a particular religious affiliation,
race, or other criteria unrelated to need or to requirements necessary to administration of a
fair and orderly distribution system;
(4) it does not use the money received or the food distribution program to foster or
advance religious or political views; and
(5) it has a stable address and directly serves individuals.
new text begin
This section is effective July 1, 2021.
new text end
Minnesota Statutes 2020, section 256J.08, subdivision 21, is amended to read:
"Date of application" means the date on which the county
agency receives an applicant's deleted text begin signeddeleted text end applicationnew text begin as a signed written application, an
application submitted by telephone, or an application submitted through Internet telepresencenew text end .
Minnesota Statutes 2020, section 256J.09, subdivision 3, is amended to read:
(a) A county agency must offer, in person or
by mail, the application forms prescribed by the commissioner as soon as a person makes
a written or oral inquiry. At that time, the county agency must:
(1) inform the person that assistance begins deleted text begin withdeleted text end new text begin onnew text end the datenew text begin thatnew text end the deleted text begin signeddeleted text end application
is received by the county agency new text begin either as a signed written application; an application
submitted by telephone; or an application submitted through Internet telepresence; new text end or new text begin on
new text end the datenew text begin thatnew text end all eligibility criteria are met, whichever is later;
new text begin
(2) inform a person that the person may submit the application by telephone or through
Internet telepresence;
new text end
new text begin
(3) inform a person that when the person submits the application by telephone or through
Internet telepresence, the county agency must receive a signed written application within
30 days of the date that the person submitted the application by telephone or through Internet
telepresence;
new text end
deleted text begin (2)deleted text end new text begin (4)new text end inform the person that any delay in submitting the application will reduce the
amount of assistance paid for the month of application;
deleted text begin (3)deleted text end new text begin (5)new text end inform a person that the person may submit the application before an interview;
deleted text begin (4)deleted text end new text begin (6)new text end explain the information that will be verified during the application process by
the county agency as provided in section 256J.32;
deleted text begin (5)deleted text end new text begin (7)new text end inform a person about the county agency's average application processing time
and explain how the application will be processed under subdivision 5;
deleted text begin (6)deleted text end new text begin (8)new text end explain how to contact the county agency if a person's application information
changes and how to withdraw the application;
deleted text begin (7)deleted text end new text begin (9)new text end inform a person that the next step in the application process is an interview and
what a person must do if the application is approved including, but not limited to, attending
orientation under section 256J.45 and complying with employment and training services
requirements in sections 256J.515 to 256J.57;
deleted text begin (8)deleted text end new text begin (10)new text end inform the person that deleted text begin thedeleted text end new text begin annew text end interview must be conductednew text begin . The interview may
be conductednew text end face-to-face in the county officenew text begin or at a location mutually agreed uponnew text end , through
Internet telepresence, or deleted text begin at a location mutually agreed upondeleted text end new text begin by telephonenew text end ;
deleted text begin
(9) inform a person who has received MFIP or DWP in the past 12 months of the option
to have a face-to-face, Internet telepresence, or telephone interview;
deleted text end
deleted text begin (10)deleted text end new text begin (11)new text end explain the child care and transportation services that are available under
paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
deleted text begin (11)deleted text end new text begin (12)new text end identify any language barriers and arrange for translation assistance during
appointments, including, but not limited to, screening under subdivision 3a, orientation
under section 256J.45, and assessment under section 256J.521.
(b) Upon receipt of a signed application, the county agency must stamp the date of receipt
on the face of the application. The county agency must process the application within the
time period required under subdivision 5. An applicant may withdraw the application at
any time by giving written or oral notice to the county agency. The county agency must
issue a written notice confirming the withdrawal. The notice must inform the applicant of
the county agency's understanding that the applicant has withdrawn the application and no
longer wants to pursue it. When, within ten days of the date of the agency's notice, an
applicant informs a county agency, in writing, that the applicant does not wish to withdraw
the application, the county agency must reinstate the application and finish processing the
application.
(c) Upon a participant's request, the county agency must arrange for transportation and
child care or reimburse the participant for transportation and child care expenses necessary
to enable participants to attend the screening under subdivision 3a and orientation under
section 256J.45.
Minnesota Statutes 2020, section 256J.30, subdivision 8, is amended to read:
(a) Paragraphs (b) to (e) apply to the
reporting requirements in subdivision 7.
(b) When the county agency receives an incomplete MFIP household report form, the
county agency must immediately deleted text begin return the incomplete form and clearly state what the
caregiver must do for the form to be completedeleted text end new text begin contact the caregiver by phone or in writing
to acquire the necessary information to complete the formnew text end .
(c) The automated eligibility system must send a notice of proposed termination of
assistance to the assistance unit if a complete MFIP household report form is not received
by a county agency. The automated notice must be mailed to the caregiver by approximately
the 16th of the month. When a caregiver submits an incomplete form on or after the date a
notice of proposed termination has been sent, the termination is valid unless the caregiver
submits a complete form before the end of the month.
(d) An assistance unit required to submit an MFIP household report form is considered
to have continued its application for assistance if a complete MFIP household report form
is received within a calendar month after the month in which the form was due and assistance
shall be paid for the period beginning with the first day of that calendar month.
(e) A county agency must allow good cause exemptions from the reporting requirements
under subdivision 5 when any of the following factors cause a caregiver to fail to provide
the county agency with a completed MFIP household report form before the end of the
month in which the form is due:
(1) an employer delays completion of employment verification;
(2) a county agency does not help a caregiver complete the MFIP household report form
when the caregiver asks for help;
(3) a caregiver does not receive an MFIP household report form due to mistake on the
part of the department or the county agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally incapacitated; or
(5) some other circumstance occurs that a caregiver could not avoid with reasonable
care which prevents the caregiver from providing a completed MFIP household report form
before the end of the month in which the form is due.
new text begin
This section is effective September 1, 2021.
new text end
Minnesota Statutes 2020, section 256J.35, is amended to read:
Except as provided in paragraphs (a) to (d), the amount of an assistance payment is equal
to the difference between the MFIP standard of need or the Minnesota family wage level
in section 256J.24 and countable income.
(a) Beginning July 1, 2015, MFIP assistance units are eligible for an MFIP housing
assistance grant of deleted text begin $110deleted text end new text begin $150new text end per month, unless:
(1) the housing assistance unit is currently receiving public and assisted rental subsidies
provided through the Department of Housing and Urban Development (HUD) and is subject
to section 256J.37, subdivision 3a; or
(2) the assistance unit is a child-only case under section 256J.88.
(b) When MFIP eligibility exists for the month of application, the amount of the assistance
payment for the month of application must be prorated from the date of application or the
date all other eligibility factors are met for that applicant, whichever is later. This provision
applies when an applicant loses at least one day of MFIP eligibility.
(c) MFIP overpayments to an assistance unit must be recouped according to section
256P.08, subdivision 6.
(d) An initial assistance payment must not be made to an applicant who is not eligible
on the date payment is made.
new text begin
This section is effective July 1, 2021.
new text end
Minnesota Statutes 2020, section 256J.45, subdivision 1, is amended to read:
A county agency must provide
deleted text begin a face-to-facedeleted text end new text begin annew text end orientation to each MFIP caregiver unless the caregiver is:
(1) a single parent, or one parent in a two-parent family, employed at least 35 hours per
week; or
(2) a second parent in a two-parent family who is employed for 20 or more hours per
week provided the first parent is employed at least 35 hours per week.
The county agency must inform caregivers who are not exempt under clause (1) or (2) that
failure to attend the orientation is considered an occurrence of noncompliance with program
requirements, and will result in the imposition of a sanction under section 256J.46. If the
client complies with the orientation requirement prior to the first day of the month in which
the grant reduction is proposed to occur, the orientation sanction shall be lifted.
Minnesota Statutes 2020, section 256J.626, subdivision 1, is amended to read:
The consolidated fund is established to support
counties and tribes in meeting their duties under this chapter. Counties and tribes must use
funds from the consolidated fund to develop programs and services that are designed to
improve participant outcomes as measured in section 256J.751, subdivision 2. Counties new text begin and
tribes that administer MFIP eligibility new text end may use the funds for any allowable expenditures
under subdivision 2, including case management. Tribes new text begin that do not administer MFIP
eligibility new text end may use the funds for any allowable expenditures under subdivision 2, including
case management, except those in subdivision 2, paragraph (a), clauses (1) and (6). new text begin All
payments made through the MFIP consolidated fund to support a caregiver's pursuit of
greater economic stability does not count when determining a family's available income.
new text end
new text begin
This section is effective July 1, 2021.
new text end
Minnesota Statutes 2020, section 256J.95, subdivision 5, is amended to read:
The eligibility date for the diversionary work
program begins deleted text begin withdeleted text end new text begin onnew text end the date new text begin that new text end the deleted text begin signeddeleted text end combined application form (CAF) is received
by the county agency new text begin either as a signed written application; an application submitted by
telephone; or an application submitted through Internet telepresence; new text end or new text begin on new text end the date new text begin that
new text end diversionary work program eligibility criteria are met, whichever is later. new text begin The county agency
must inform an applicant that when the applicant submits the application by telephone or
through Internet telepresence, the county agency must receive a signed written application
within 30 days of the date that the applicant submitted the application by telephone or
through Internet telepresence. new text end The county agency must inform the applicant that any delay
in submitting the application will reduce the benefits paid for the month of application. The
county agency must inform a person that an application may be submitted before the person
has an interview appointment. Upon receipt of a signed application, the county agency must
stamp the date of receipt on the face of the application. The applicant may withdraw the
application at any time prior to approval by giving written or oral notice to the county
agency. The county agency must follow the notice requirements in section 256J.09,
subdivision 3, when issuing a notice confirming the withdrawal.
Minnesota Statutes 2020, section 256N.02, subdivision 16, is amended to read:
"Permanent legal and physical
custody" meansnew text begin : (1)new text end a new text begin full new text end transfer of permanent legal and physical custody new text begin of a child ordered
by a Minnesota juvenile court under section 260C.515, subdivision 4, new text end to a relative deleted text begin ordered
by a Minnesota juvenile court under section 260C.515, subdivision 4,deleted text end new text begin who is not the child's
parent as defined in section 260C.007, subdivision 25;new text end or new text begin (2) new text end for a child under jurisdiction
of a tribal court, a judicial determination under a similar provision in tribal code which
means that a relative will assume the duty and authority to provide care, control, and
protection of a child who is residing in foster care, and to make decisions regarding the
child's education, health care, and general welfare until adulthood.new text begin To establish eligibility
for Northstar kinship assistance, permanent legal and physical custody does not include
joint legal custody, joint physical custody, or joint legal and joint physical custody of a child
shared by the child's parent and relative custodian.
new text end
Minnesota Statutes 2020, section 256N.02, subdivision 17, is amended to read:
"Reassessment" means an update of a previous assessment
through the process under section 256N.24 for a child who has been continuously eligible
for Northstar Care for Children, or when a child identified as an at-risk child (Level A)
under deleted text begin guardianship ordeleted text end adoption assistance has manifested the disability upon which eligibility
for the agreement was based according to section 256N.25, subdivision 3, paragraph (b).
A reassessment may be used to update an initial assessment, a special assessment, or a
previous reassessment.
Minnesota Statutes 2020, section 256N.22, subdivision 1, is amended to read:
(a) To be eligible for Northstar kinship
assistance under this section, there must be a judicial determination under section 260C.515,
subdivision 4, that a transfer of permanent legal and physical custody to a relative new text begin who is
not the child's parent new text end is in the child's best interest. For a child under jurisdiction of a tribal
court, a judicial determination under a similar provision in tribal code indicating that a
relative will assume the duty and authority to provide care, control, and protection of a child
who is residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood, and that this is in the child's best interest is
considered equivalent. new text begin A child whose parent shares legal, physical, or legal and physical
custody of the child with a relative custodian is not eligible for Northstar kinship assistance.
new text end Additionally, a child must:
(1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;
(2)(i) have resided with the prospective relative custodian who has been a licensed child
foster parent for at least six consecutive months; or
(ii) have received from the commissioner an exemption from the requirement in item
(i) that the prospective relative custodian has been a licensed child foster parent for at least
six consecutive months, based on a determination that:
(A) an expedited move to permanency is in the child's best interest;
(B) expedited permanency cannot be completed without provision of Northstar kinship
assistance;
(C) the prospective relative custodian is uniquely qualified to meet the child's needs, as
defined in section 260C.212, subdivision 2, on a permanent basis;
(D) the child and prospective relative custodian meet the eligibility requirements of this
section; and
(E) efforts were made by the legally responsible agency to place the child with the
prospective relative custodian as a licensed child foster parent for six consecutive months
before permanency, or an explanation why these efforts were not in the child's best interests;
(3) meet the agency determinations regarding permanency requirements in subdivision
2;
(4) meet the applicable citizenship and immigration requirements in subdivision 3;
(5) have been consulted regarding the proposed transfer of permanent legal and physical
custody to a relative, if the child is at least 14 years of age or is expected to attain 14 years
of age prior to the transfer of permanent legal and physical custody; and
(6) have a written, binding agreement under section 256N.25 among the caregiver or
caregivers, the financially responsible agency, and the commissioner established prior to
transfer of permanent legal and physical custody.
(b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.
(c) To be eligible for title IV-E Northstar kinship assistance, a child must also meet any
additional criteria in section 473(d) of the Social Security Act. The sibling of a child who
meets the criteria for title IV-E Northstar kinship assistance in section 473(d) of the Social
Security Act is eligible for title IV-E Northstar kinship assistance if the child and sibling
are placed with the same prospective relative custodian or custodians, and the legally
responsible agency, relatives, and commissioner agree on the appropriateness of the
arrangement for the sibling. A child who meets all eligibility criteria except those specific
to title IV-E Northstar kinship assistance is entitled to Northstar kinship assistance paid
through funds other than title IV-E.
Minnesota Statutes 2020, section 256N.23, subdivision 2, is amended to read:
(a) A child is considered a child with special
needs under this section if the requirements in paragraphs (b) to (g) are met.
(b) There must be a determination that the child must not or should not be returned to
the home of the child's parents as evidenced by:
(1) a court-ordered termination of parental rights;
(2) a petition to terminate parental rights;
(3) consent of new text begin the child's new text end parent to adoption accepted by the court under chapter 260Cnew text begin
or, in the case of a child receiving Northstar kinship assistance payments under section
256N.22, consent of the child's parent to the child's adoption executed under chapter 259new text end ;
(4) in circumstances when tribal law permits the child to be adopted without a termination
of parental rights, a judicial determination by a tribal court indicating the valid reason why
the child cannot or should not return home;
(5) a voluntary relinquishment under section 259.25 deleted text begin or 259.47deleted text end or, if relinquishment
occurred in another state, the applicable laws in that state; or
(6) the death of the legal parent or parents if the child has two legal parents.
(c) There exists a specific factor or condition of which it is reasonable to conclude that
the child cannot be placed with adoptive parents without providing adoption assistance as
evidenced by:
(1) a determination by the Social Security Administration that the child meets all medical
or disability requirements of title XVI of the Social Security Act with respect to eligibility
for Supplemental Security Income benefits;
(2) a documented physical, mental, emotional, or behavioral disability not covered under
clause (1);
(3) a member of a sibling group being adopted at the same time by the same parent;
(4) an adoptive placement in the home of a parent who previously adopted a sibling for
whom they receive adoption assistance; or
(5) documentation that the child is an at-risk child.
(d) A reasonable but unsuccessful effort must have been made to place the child with
adoptive parents without providing adoption assistance as evidenced by:
(1) a documented search for an appropriate adoptive placement; or
(2) a determination by the commissioner that a search under clause (1) is not in the best
interests of the child.
(e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the state adoption exchange
and other recruitment methods under paragraph (f), must be waived if:
(1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;
(2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in the foster parent's care as a foster child and it is determined
by the child-placing agency that adoption by the foster parent is in the best interests of the
child; or
(3) the child is being adopted by a parent that previously adopted a sibling of the child,
and it is determined by the child-placing agency that adoption by this parent is in the best
interests of the child.
For an Indian child covered by the Indian Child Welfare Act, a waiver must not be
granted unless the child-placing agency has complied with the placement preferences required
by the Indian Child Welfare Act, United States Code, title 25, section 1915(a).
(f) To meet the requirement of a documented search for an appropriate adoptive placement
under paragraph (d), clause (1), the child-placing agency minimally must:
(1) conduct a relative search as required by section 260C.221 and give consideration to
placement with a relative, as required by section 260C.212, subdivision 2;
(2) comply with the placement preferences required by the Indian Child Welfare Act
when the Indian Child Welfare Act, United States Code, title 25, section 1915(a), applies;
(3) locate prospective adoptive families by registering the child on the state adoption
exchange, as required under section 259.75; and
(4) if registration with the state adoption exchange does not result in the identification
of an appropriate adoptive placement, the agency must employ additional recruitment
methods prescribed by the commissioner.
(g) Once the legally responsible agency has determined that placement with an identified
parent is in the child's best interests and made full written disclosure about the child's social
and medical history, the agency must ask the prospective adoptive parent if the prospective
adoptive parent is willing to adopt the child without receiving adoption assistance under
this section. If the identified parent is either unwilling or unable to adopt the child without
adoption assistance, the legally responsible agency must provide documentation as prescribed
by the commissioner to fulfill the requirement to make a reasonable effort to place the child
without adoption assistance. If the identified parent is willing to adopt the child without
adoption assistance, the parent must provide a written statement to this effect to the legally
responsible agency and the statement must be maintained in the permanent adoption record
of the legally responsible agency. For children under guardianship of the commissioner,
the legally responsible agency shall submit a copy of this statement to the commissioner to
be maintained in the permanent adoption record.
Minnesota Statutes 2020, section 256N.23, subdivision 6, is amended to read:
The commissioner must not enter into an adoption assistance
agreement with the following individuals:
(1) a child's biological parent or stepparent;
(2) a child's relative under section 260C.007, subdivision 26b or 27, with whom the
child resided immediately prior to child welfare involvement unless:
(i) the child was in the custody of a Minnesota county or tribal agency pursuant to an
order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and
(ii) the child is under guardianship of the commissioner of human services according to
the requirements of section 260C.325, subdivision 1 or 3, or is a ward of a Minnesota tribal
court after termination of parental rights, suspension of parental rights, or a finding by the
tribal court that the child cannot safely return to the care of the parent;
(3) an individual adopting a child who is the subject of a direct adoptive placement under
section 259.47 or the equivalent in tribal code;
(4) a child's legal custodian or guardian who is now adopting the childnew text begin , except for a
relative custodian as defined in section 256N.02, subdivision 19, who is currently receiving
Northstar kinship assistance benefits on behalf of the childnew text end ; or
(5) an individual who is adopting a child who is not a citizen or resident of the United
States and was either adopted in another country or brought to the United States for the
purposes of adoption.
Minnesota Statutes 2020, section 256N.24, subdivision 1, is amended to read:
(a) Each child eligible under sections 256N.21, 256N.22,
and 256N.23, must be assessed to determine the benefits the child may receive under section
256N.26, in accordance with the assessment tool, process, and requirements specified in
subdivision 2.
(b) If an agency applies the emergency foster care rate for initial placement under section
256N.26, the agency may wait up to 30 days to complete the initial assessment.
(c) Unless otherwise specified in paragraph (d), a child must be assessed at the basic
level, level B, or one of ten supplemental difficulty of care levels, levels C to L.
(d) An assessment must not be completed for:
(1) a child eligible for Northstar deleted text begin kinship assistance under section 256N.22 ordeleted text end adoption
assistance under section 256N.23 who is determined to be an at-risk child. A child under
this clause must be assigned level A under section 256N.26, subdivision 1; and
(2) a child transitioning into Northstar Care for Children under section 256N.28,
subdivision 7, unless the commissioner determines an assessment is appropriate.
Minnesota Statutes 2020, section 256N.24, subdivision 8, is amended to read:
(a) The special assessment must be
completed in consultation with the child's caregiver. Face-to-face contact with the caregiver
is not required to complete the special assessment.
(b) If a new special assessment is required prior to the effective date of the Northstar
kinship assistance agreement, it must be completed by the financially responsible agency,
in consultation with the legally responsible agency if different. If the prospective relative
custodian is unable or unwilling to cooperate with the special assessment process, the child
shall be assigned the basic level, level B under section 256N.26, subdivision 3deleted text begin , unless the
child is known to be an at-risk child, in which case, the child shall be assigned level A under
section 256N.26, subdivision 1deleted text end .
(c) If a special assessment is required prior to the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency, in consultation with
the legally responsible agency if different. If there is no financially responsible agency, the
special assessment must be completed by the agency designated by the commissioner. If
the prospective adoptive parent is unable or unwilling to cooperate with the special
assessment process, the child must be assigned the basic level, level B under section 256N.26,
subdivision 3, unless the child is known to be an at-risk child, in which case, the child shall
be assigned level A under section 256N.26, subdivision 1.
(d) Notice to the prospective relative custodians or prospective adoptive parents must
be provided as specified in subdivision 13.
Minnesota Statutes 2020, section 256N.24, subdivision 11, is amended to read:
(a) The reassessment must be completed in
consultation with the child's caregiver. Face-to-face contact with the caregiver is not required
to complete the reassessment.
(b) For foster children eligible under section 256N.21, reassessments must be completed
by the financially responsible agency, in consultation with the legally responsible agency
if different.
(c) If reassessment is required after the effective date of the Northstar kinship assistance
agreement, the reassessment must be completed by the financially responsible agency.
(d) If a reassessment is required after the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency or, if there is no
financially responsible agency, the agency designated by the commissioner.
(e) If the child's caregiver is unable or unwilling to cooperate with the reassessment, the
child must be assessed at level B under section 256N.26, subdivision 3, unless the child has
deleted text begin andeleted text end new text begin a Northstarnew text end adoption assistance deleted text begin or Northstar kinship assistancedeleted text end agreement deleted text begin in placedeleted text end and
is known to be an at-risk child, in which case the child must be assessed at level A under
section 256N.26, subdivision 1.
Minnesota Statutes 2020, section 256N.24, subdivision 12, is amended to read:
(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.
(b) In cases where a special assessment or reassessment for deleted text begin guardiandeleted text end new text begin Northstar kinshipnew text end
assistance and adoption assistance is required under subdivision 8 or 11, the commissioner
shall review and approve the assessment as part of the eligibility determination process
outlined in section 256N.22, subdivision 7, for Northstar kinship assistance, or section
256N.23, subdivision 7, for adoption assistance. The assessment determines the maximum
deleted text begin fordeleted text end new text begin ofnew text end the negotiated agreement amount under section 256N.25.
(c) The new rate is effective the calendar month that the assessment is approved, or the
effective date of the agreement, whichever is later.
Minnesota Statutes 2020, section 256N.24, subdivision 14, is amended to read:
The assessment tool established
by the commissioner in subdivision 2 determines the monthly benefit level for children in
foster care. The monthly payment for deleted text begin guardiandeleted text end new text begin Northstar kinshipnew text end assistance or adoption
assistance may be negotiated up to the monthly benefit level under foster care for those
children eligible for a payment under section 256N.26, subdivision 1.
Minnesota Statutes 2020, section 256N.25, subdivision 1, is amended to read:
(a) In
order to receive Northstar kinship assistance or adoption assistance benefits on behalf of
an eligible child, a written, binding agreement between the caregiver or caregivers, the
financially responsible agency, or, if there is no financially responsible agency, the agency
designated by the commissioner, and the commissioner must be established prior to
finalization of the adoption or a transfer of permanent legal and physical custody. The
agreement must be negotiated with the caregiver or caregivers under subdivision 2 and
renegotiated under subdivision 3, if applicable.
(b) The agreement must be on a form approved by the commissioner and must specify
the following:
(1) duration of the agreement;
(2) the nature and amount of any payment, services, and assistance to be provided under
such agreement;
(3) the child's eligibility for Medicaid services;
(4) the terms of the payment, including any child care portion as specified in section
256N.24, subdivision 3;
(5) eligibility for reimbursement of nonrecurring expenses associated with adopting or
obtaining permanent legal and physical custody of the child, to the extent that the total cost
does not exceed $2,000 per childnew text begin pursuant to subdivision 1anew text end ;
(6) that the agreement must remain in effect regardless of the state of which the adoptive
parents or relative custodians are residents at any given time;
(7) provisions for modification of the terms of the agreement, including renegotiation
of the agreement;
(8) the effective date of the agreement; and
(9) the successor relative custodian or custodians for Northstar kinship assistance, when
applicable. The successor relative custodian or custodians may be added or changed by
mutual agreement under subdivision 3.
(c) The caregivers, the commissioner, and the financially responsible agency, or, if there
is no financially responsible agency, the agency designated by the commissioner, must sign
the agreement. A copy of the signed agreement must be given to each party. Once signed
by all parties, the commissioner shall maintain the official record of the agreement.
(d) The effective date of the Northstar kinship assistance agreement must be the date of
the court order that transfers permanent legal and physical custody to the relative. The
effective date of the adoption assistance agreement is the date of the finalized adoption
decree.
(e) Termination or disruption of the preadoptive placement or the foster care placement
prior to assignment of custody makes the agreement with that caregiver void.
Minnesota Statutes 2020, section 256N.25, is amended by adding a subdivision
to read:
new text begin
(a) The commissioner of human
services must reimburse a relative custodian with a fully executed Northstar kinship assistance
benefit agreement for costs that the relative custodian incurs while seeking permanent legal
and physical custody of a child who is the subject of a Northstar kinship assistance benefit
agreement. The commissioner must reimburse a relative custodian for expenses that are
reasonable and necessary that the relative incurs during the transfer of permanent legal and
physical custody of a child to the relative custodian, subject to a maximum of $2,000. To
be eligible for reimbursement, the expenses must directly relate to the legal transfer of
permanent legal and physical custody of the child to the relative custodian, must not have
been incurred by the relative custodian in violation of state or federal law, and must not
have been reimbursed from other sources or funds. The relative custodian must submit
reimbursement requests to the commissioner within 21 months of the date of the child's
finalized transfer of permanent legal and physical custody, and the relative custodian must
follow all requirements and procedures that the commissioner prescribes.
new text end
new text begin
(b) The commissioner of human services must reimburse an adoptive parent for costs
that the adoptive parent incurs in an adoption of a child with special needs according to
section 256N.23, subdivision 2. The commissioner must reimburse an adoptive parent for
expenses that are reasonable and necessary for the adoption of the child to occur, subject
to a maximum of $2,000. To be eligible for reimbursement, the expenses must directly relate
to the legal adoption of the child, must not have been incurred by the adoptive parent in
violation of state or federal law, and must not have been reimbursed from other sources or
funds.
new text end
new text begin
(1) Children who have special needs but who are not citizens or residents of the United
States and were either adopted in another country or brought to this country for the purposes
of adoption are categorically ineligible for the reimbursement program in this section, except
when the child meets the eligibility criteria in this section after the dissolution of the child's
international adoption.
new text end
new text begin
(2) An adoptive parent, in consultation with the responsible child-placing agency, may
request reimbursement of nonrecurring adoption expenses by submitting a complete
application to the commissioner that follows the commissioner's requirements and procedures
on forms that the commissioner prescribes.
new text end
new text begin
(3) The commissioner must determine a child's eligibility for adoption expense
reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
sections 670 to 679c. If the commissioner determines that a child is eligible, the commissioner
of human services must fully execute the agreement for nonrecurring adoption expense
reimbursement by signing the agreement. For a child to be eligible, the commissioner must
have fully executed the agreement for nonrecurring adoption expense reimbursement prior
to finalizing a child's adoption.
new text end
new text begin
(4) An adoptive parent who has a fully executed Northstar adoption assistance agreement
is not required to submit a separate application for reimbursement of nonrecurring adoption
expenses for the child who is the subject of the Northstar adoption assistance agreement.
new text end
new text begin
(5) If the commissioner has determined the child to be eligible, the adoptive parent must
submit reimbursement requests to the commissioner within 21 months of the date of the
child's adoption decree, and the adoptive parent must follow requirements and procedures
that the commissioner prescribes.
new text end
Minnesota Statutes 2020, section 256P.02, subdivision 1a, is amended to read:
Participants who qualify for child care assistance programs under
chapter 119B are exempt from this sectionnew text begin , except that the personal property identified in
subdivision 2 is counted toward the asset limit of the child care assistance program under
chapter 119Bnew text end .
new text begin
This section is effective May 1, 2022.
new text end
Minnesota Statutes 2020, section 256P.02, subdivision 2, is amended to read:
The equity value of an assistance unit's personal
property listed in clauses (1) to deleted text begin (4)deleted text end new text begin (5)new text end must not exceed $10,000 for applicants and
participants. For purposes of this subdivision, personal property is limited to:
(1) cash;
(2) bank accounts;
(3) liquid stocks and bonds that can be readily accessed without a financial penalty; deleted text begin and
deleted text end
(4) vehicles not excluded under subdivision 3deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) the full value of business accounts used to pay expenses not related to the business.
new text end
new text begin
This section is effective May 1, 2022.
new text end
Minnesota Statutes 2020, section 256P.04, subdivision 4, is amended to read:
(a) The agency shall verify the following at application:
(1) identity of adults;
(2) age, if necessary to determine eligibility;
(3) immigration status;
(4) income;
(5) spousal support and child support payments made to persons outside the household;
(6) vehicles;
(7) checking and savings accountsnew text begin , including but not limited to any business accounts
used to pay expenses not related to the businessnew text end ;
(8) inconsistent information, if related to eligibility;
(9) residence;
(10) Social Security number; and
(11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2), item
(ix), for the intended purpose for which it was given and received.
(b) Applicants who are qualified noncitizens and victims of domestic violence as defined
under section 256J.08, subdivision 73, clause (7), are not required to verify the information
in paragraph (a), clause (10). When a Social Security number is not provided to the agency
for verification, this requirement is satisfied when each member of the assistance unit
cooperates with the procedures for verification of Social Security numbers, issuance of
duplicate cards, and issuance of new numbers which have been established jointly between
the Social Security Administration and the commissioner.
new text begin
This section is effective May 1, 2022.
new text end
Minnesota Statutes 2020, section 256P.05, is amended to read:
Participants who qualify for deleted text begin child care assistance
programs under chapter 119B,deleted text end Minnesota supplemental aid under chapter 256Ddeleted text begin ,deleted text end and housing
support under chapter 256I on the basis of eligibility for Supplemental Security Income are
exempt from this section.new text begin Participants who qualify for child care assistance programs under
chapter 119B are exempt from subdivision 3.
new text end
new text begin Applicants and participants must
choose one of the methods described in this subdivision for determining self-employment
earned income. new text end An agency must determine self-employment income, which is either:
(1) one-half of gross earnings from self-employment; or
(2) taxable income as determined from an Internal Revenue Service tax form that has
been filed with the Internal Revenue Service deleted text begin within the lastdeleted text end new text begin for the most recentnew text end yearnew text begin and
according to guidance provided for the Supplemental Nutrition Assistance Programnew text end . A
12-month average using deleted text begin netdeleted text end taxable income shall be used to budget monthly income.
(a) The self-employment budget period begins
in the month of application or in the first month of self-employment. deleted text begin Applicants and
participants must choose one of the methods described in subdivision 2 for determining
self-employment earned income.
deleted text end
(b) Applicants and participants who elect to use taxable income as described in
subdivision 2, clause (2), to determine self-employment income must continue to use this
method until recertification, unless there is an unforeseen significant change in gross income
equaling a decline in gross income of the amount equal to or greater than the earned income
disregard as defined in section 256P.03 from the income used to determine the benefit for
the current month.
(c) For applicants and participants who elect to use one-half of gross earnings as described
in subdivision 2, clause (1), to determine self-employment income, earnings must be counted
as income in the month received.
new text begin
This section is effective May 1, 2022.
new text end
Minnesota Statutes 2020, section 256P.06, subdivision 3, is amended to read:
The following must be included in determining the income
of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings;
(vii) unemployment insurance incomenew text begin that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:
new text end
new text begin
(A) 18 years of age and enrolled in a secondary school; or
new text end
new text begin (B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-timenew text end ;
(viii) retirement, survivors, and disability insurance payments;
(ix) nonrecurring income over $60 per quarter unless earmarked and used for the purpose
for which it is intended. Income and use of this income is subject to verification requirements
under section 256P.04;
(x) retirement benefits;
(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I,
and 256J;
(xii) tribal per capita payments unless excluded by federal and state law;
(xiii) income and payments from service and rehabilitation programs that meet or exceed
the state's minimum wage rate;
(xiv) income from members of the United States armed forces unless excluded from
income taxes according to federal or state law;
(xv) all child support payments for programs under chapters 119B, 256D, and 256I;
(xvi) the amount of child support received that exceeds $100 for assistance units with
one child and $200 for assistance units with two or more children for programs under chapter
256J; and
(xvii) spousal support.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 259.22, subdivision 4, is amended to read:
A petition shall be filed not later than 12 months after
a child is placed in a prospective adoptive home. If a petition is not filed by that time, the
agency that placed the child, or, in a direct adoptive placement, the agency that is supervising
the placement shall file with the district court in the county where the prospective adoptive
parent resides a motion for an order and a report recommending one of the following:
(1) that the time for filing a petition be extended because of the child's special needs as
defined under title IV-E of the Social Security Act, United States Code, title 42, section
673;
(2) that, based on a written plan for completing filing of the petition, including a specific
timeline, to which the prospective adoptive parents have agreed, the time for filing a petition
be extended long enough to complete the plan because such an extension is in the best
interests of the child and additional time is needed for the child to adjust to the adoptive
home; or
(3) that the child be removed from the prospective adoptive home.
The prospective adoptive parent must reimburse an agency for the cost of preparing and
filing the motion and report under this section, unless the costs are reimbursed by the
commissioner under section 259.73 or deleted text begin 259A.70deleted text end new text begin 256N.25, subdivision 1anew text end .
Minnesota Statutes 2020, section 259.241, is amended to read:
(a) Any adult person may be adopted, regardless of the adult person's residence. A
resident of Minnesota may petition the court of record having jurisdiction of adoption
proceedings to adopt an individual who has reached the age of 18 years or older.
(b) The consent of the person to be adopted shall be the only consent necessary, according
to section 259.24. The consent of an adult in the adult person's own adoption is invalid if
the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or
if the person consenting to the adoption is determined not competent to give consent.
new text begin
(c) Notwithstanding paragraph (b), a person in extended foster care under section
260C.451 may consent to the person's own adoption as long as the court with jurisdiction
finds the person competent to give consent.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end The decree of adoption establishes a parent-child relationship between the adopting
parent or parents and the person adopted, including the right to inherit, and also terminates
the parental rights deleted text begin and sibling relationshipdeleted text end between the adopted person and the adopted
person's birth parents deleted text begin and siblingsdeleted text end according to section 259.59.
deleted text begin (d)deleted text end new text begin (e)new text end If the adopted person requests a change of name, the adoption decree shall order
the name change.
Minnesota Statutes 2020, section 259.35, subdivision 1, is amended to read:
Prior to commencing an investigation of the
suitability of proposed adoptive parents, a child-placing agency shall give the individuals
the following written notice in all capital letters at least one-eighth inch high:
"Minnesota Statutes, section 259.59, provides that upon legally adopting a child, adoptive
parents assume all the rights and responsibilities of birth parents. The responsibilities include
providing for the child's financial support and caring for health, emotional, and behavioral
problems. Except for subsidized adoptions under Minnesota Statutes, chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ,
or any other provisions of law that expressly apply to adoptive parents and children, adoptive
parents are not eligible for state or federal financial subsidies besides those that a birth
parent would be eligible to receive for a child. Adoptive parents may not terminate their
parental rights to a legally adopted child for a reason that would not apply to a birth parent
seeking to terminate rights to a child. An individual who takes guardianship of a child for
the purpose of adopting the child shall, upon taking guardianship from the child's country
of origin, assume all the rights and responsibilities of birth and adoptive parents as stated
in this paragraph."
Minnesota Statutes 2020, section 259.53, subdivision 4, is amended to read:
No petition shall be grantednew text begin under this chapternew text end until
the child deleted text begin shall havedeleted text end new text begin hasnew text end livednew text begin fornew text end three months in the proposed new text begin adoptive new text end home, subject to a
right of visitation by the commissioner or an agency or their authorized representatives.
Minnesota Statutes 2020, section 259.73, is amended to read:
An individual may apply for reimbursement for costs incurred in an adoption of a child
with special needs under section deleted text begin 259A.70deleted text end new text begin 256N.25, subdivision 1anew text end .
Minnesota Statutes 2020, section 259.75, subdivision 5, is amended to read:
A child's registration shall be withdrawn when
the exchange service has been notified in writing by the local social service agency or the
licensed child-placing agency that the child has been placed in an adoptive home deleted text begin ordeleted text end new text begin ,new text end has
diednew text begin , or is no longer under the guardianship of the commissioner and is no longer seeking
an adoptive homenew text end .
Minnesota Statutes 2020, section 259.75, subdivision 6, is amended to read:
new text begin (a) new text end The deleted text begin exchange servicedeleted text end new text begin commissionernew text end shall
deleted text begin semiannually checkdeleted text end new text begin reviewnew text end thenew text begin state adoption exchangenew text end status of deleted text begin listeddeleted text end children deleted text begin for whom
inquiries have been receiveddeleted text end new text begin identified under subdivision 2, including a child whose
registration was withdrawn pursuant to subdivision 5. The commissioner may determine
that a child who is unregistered, or whose registration has been deferred, must be registered
and require the authorized child-placing agency to register the child with the state adoption
exchange within ten working days of the commissioner's determinationnew text end .
new text begin (b)new text end Periodic deleted text begin checksdeleted text end new text begin reviewsnew text end shall be made by the deleted text begin servicedeleted text end new text begin commissionernew text end to determine the
progress toward adoption of deleted text begin those children and the status ofdeleted text end children registered deleted text begin but never
listeddeleted text end in the deleted text begin exchange book because of placement in an adoptive home prior to or at the
time of registrationdeleted text end new text begin state adoption exchangenew text end .
Minnesota Statutes 2020, section 259.75, subdivision 9, is amended to read:
The commissioner of human services shall make rules as necessary
to administer this section and shall employ necessary staff to carry out the purposes of this
section.new text begin The commissioner may contract for services to carry out the purposes of this section.
new text end
Minnesota Statutes 2020, section 259.83, subdivision 1a, is amended to read:
(a) If a person aged 19 years and over who was
adopted on or after August 1, 1994, or the adoptive parent requests the detailed nonidentifying
social and medical history of the adopted person's birth family that was provided at the time
of the adoption, agencies must provide the information to the adopted person or adoptive
parent on thenew text begin applicablenew text end form required under deleted text begin sectiondeleted text end new text begin sectionsnew text end 259.43new text begin and 260C.212,
subdivision 15new text end .
(b) If an adopted person aged 19 years and over or the adoptive parent requests the
agency to contact the adopted person's birth parents to request current nonidentifying social
and medical history of the adopted person's birth family, agencies must use thenew text begin applicablenew text end
form required under deleted text begin sectiondeleted text end new text begin sectionsnew text end 259.43new text begin and 260C.212, subdivision 15,new text end when obtaining
the information for the adopted person or adoptive parent.
Minnesota Statutes 2020, section 259A.75, subdivision 1, is amended to read:
(a) Subject to the procedures required by the
commissioner and the provisions of this section, a Minnesota countynew text begin or Tribal agencynew text end shall
receive a reimbursement from the commissioner equal to 100 percent of the reasonable and
appropriate cost for contracted adoption placement services identified for a specific child
that are not reimbursed under other federal or state funding sources.
(b) The commissioner may spend up to $16,000 for each purchase of service contract.
Only one contract per child per adoptive placement is permitted. Funds encumbered and
obligated under the contract for the child remain available until the terms of the contract
are fulfilled or the contract is terminated.
(c) The commissioner shall set aside an amount not to exceed five percent of the total
amount of the fiscal year appropriation from the state for the adoption assistance program
to reimburse a Minnesota county or tribal social services placing agency for child-specific
adoption placement services. When adoption assistance payments for children's needs exceed
95 percent of the total amount of the fiscal year appropriation from the state for the adoption
assistance program, the amount of reimbursement available to placing agencies for adoption
services is reduced correspondingly.
Minnesota Statutes 2020, section 259A.75, subdivision 2, is amended to read:
deleted text begin (a)deleted text end A child who is the
subject of a purchase of service contract must:
(1) have the goal of adoption, which may include an adoption in accordance with tribal
law;
(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and
(3) meet all of the special needs criteria according to section deleted text begin 259A.10, subdivision 2deleted text end new text begin
256N.23, subdivision 2new text end .
deleted text begin
(b) A child under the guardianship of the commissioner must have an identified adoptive
parent and a fully executed adoption placement agreement according to section 260C.613,
subdivision 1, paragraph (a).
deleted text end
Minnesota Statutes 2020, section 259A.75, subdivision 3, is amended to read:
(a) A Minnesota countynew text begin or Tribalnew text end social services
agency shall receive reimbursement for child-specific adoption placement services for an
eligible child that it purchases from a private adoption agency licensed in Minnesota or any
other state or tribal social services agency.
(b) Reimbursement for adoption services is available only for services provided prior
to the date of the adoption decree.
Minnesota Statutes 2020, section 259A.75, subdivision 4, is amended to read:
(a) Anew text begin Minnesotanew text end countynew text begin or Tribalnew text end
social services agency may request reimbursement of costs for adoption placement services
by submitting a complete purchase of service application, according to the requirements
and procedures and on forms prescribed by the commissioner.
(b) The commissioner shall determine eligibility for reimbursement of adoption placement
services. If determined eligible, the commissioner of human services shall sign the purchase
of service agreement, making this a fully executed contract. No reimbursement under this
section shall be made to an agency for services provided prior to the fully executed contract.
(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is permitted.
For siblings who are placed together, services shall be planned and provided to best maximize
efficiency of the contracted hours.
Minnesota Statutes 2020, section 260C.007, subdivision 22a, is amended to read:
"Licensed residential family-based substance use disorder treatment program"
means a residential treatment facility that provides the parent or guardian with parenting
skills training, parent education, or individual and family counseling, under an organizational
structure and treatment framework that involves understanding, recognizing, and responding
to the effects of all types of trauma according to recognized principles of a trauma-informed
approach and trauma-specific interventions to address the consequences of trauma and
facilitate healing. The residential program must be licensed by the Department of Human
Services under deleted text begin chapterdeleted text end new text begin chaptersnew text end 245A and deleted text begin sections 245G.01 to 245G.16, 245G.19, and
245G.21deleted text end new text begin 245G or Tribally licensed or approvednew text end as a residential substance use disorder
treatment program specializing in the treatment of clients with children.
Minnesota Statutes 2020, section 260C.212, subdivision 1, is amended to read:
(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.
(b) An out-of-home placement plan means a written document which is prepared by the
responsible social services agency jointly with the parent or parents or guardian of the child
and in consultation with the child's guardian ad litem, the child's tribe, if the child is an
Indian child, the child's foster parent or representative of the foster care facility, and, where
appropriate, the child. When a child is age 14 or older, the child may include two other
individuals on the team preparing the child's out-of-home placement plan. The child may
select one member of the case planning team to be designated as the child's advisor and to
advocate with respect to the application of the reasonable and prudent parenting standards.
The responsible social services agency may reject an individual selected by the child if the
agency has good cause to believe that the individual would not act in the best interest of the
child. For a child in voluntary foster care for treatment under chapter 260D, preparation of
the out-of-home placement plan shall additionally include the child's mental health treatment
provider. For a child 18 years of age or older, the responsible social services agency shall
involve the child and the child's parents as appropriate. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.
(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make for the child to safely return home;
(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;
(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoption. At a minimum, the documentation must include consideration
of whether adoption is in the best interests of the child, child-specific recruitment efforts
such as relative search and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);
(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;
(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:
(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or
(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;
(9) the educational records of the child including the most recent information available
regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;
(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;
(11) the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;
(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;
(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;
(v) planning for housing;
(vi) social and recreational skills;
(vii) establishing and maintaining connections with the child's family and community;
and
(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;
(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes;
(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child; and
(15) for a child placed in a qualified residential treatment program, the plan must include
the requirements in section 260C.708.
(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.
After the plan has been agreed upon by the parties involved or approved or ordered by
the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.
Uponnew text begin the child'snew text end discharge from foster care, thenew text begin responsible social services agency must
provide the child'snew text end parent, adoptive parent, or permanent legal and physical custodian, deleted text begin as
appropriate,deleted text end and the child, if deleted text begin appropriate, must be provideddeleted text end new text begin the child is 14 years of age or
older,new text end with a current copy of the child's health and education record.new text begin If a child meets the
conditions in subdivision 15, paragraph (b), the agency must also provide the child with the
child's social and medical history. The responsible social services agency may give a copy
of the child's health and education record and social and medical history to a child who is
younger than 14 years of age, if it is appropriate and if subdivision 15, paragraph (b), applies.
new text end
Minnesota Statutes 2020, section 260C.212, subdivision 2, is amended to read:
(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in a
family foster home selected by considering placement with relatives and important friends
in the following order:
(1) with an individual who is related to the child by blood, marriage, or adoptionnew text begin ,
including the legal parent, guardian, or custodian of the child's siblingsnew text end ; or
(2) with an individual who is an important friend with whom the child has resided or
had significant contact.
For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.
(b) Among the factors the agency shall consider in determining the needs of the child
are the following:
(1) the child's current functioning and behaviors;
(2) the medical needs of the child;
(3) the educational needs of the child;
(4) the developmental needs of the child;
(5) the child's history and past experience;
(6) the child's religious and cultural needs;
(7) the child's connection with a community, school, and faith community;
(8) the child's interests and talents;
(9) the child's relationship to current caretakers, parents, siblings, and relatives;
(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and
(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.
(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.
(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.
(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.
(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan under subdivision 1. The agency may consider additional factors not identified
in paragraph (b). The agency's determination must be documented in the child's case plan
before the child is colocated with a parent.
(g) The agency must establish a juvenile treatment screening team under section 260C.157
to determine whether it is necessary and appropriate to recommend placing a child in a
qualified residential treatment program, as defined in section 260C.007, subdivision 26d.
Minnesota Statutes 2020, section 260C.212, is amended by adding a subdivision
to read:
new text begin
(a) The responsible social services agency must
complete each child's social and medical history using forms developed by the commissioner.
The responsible social services agency must work with each child's birth family, foster
family, medical and treatment providers, and school to ensure that there is a detailed and
up-to-date social and medical history of the child on forms provided by the commissioner.
new text end
new text begin
(b) If the child continues to be in placement out of the home of the parent or guardian
from whom the child was removed, reasonable efforts by the responsible social services
agency to complete the child's social and medical history must begin no later than the child's
permanency progress review hearing required under section 260C.204 or six months after
the child's placement in foster care, whichever occurs earlier.
new text end
new text begin
(c) In a child's social and medical history, the responsible social services agency must
include background information and health history specific to the child, the child's birth
parents, and the child's other birth relatives. Applicable background and health information
about the child includes the child's current health condition, behavior, and demeanor;
placement history; education history; sibling information; and birth, medical, dental, and
immunization information. Redacted copies of pertinent records, assessments, and evaluations
must be attached to the child's social and medical history. Applicable background information
about the child's birth parents and other birth relatives includes general background
information; education and employment history; physical health and mental health history;
and reasons for the child's placement.
new text end
Minnesota Statutes 2020, section 260C.219, subdivision 5, is amended to read:
new text begin Regardless of new text end whethernew text begin
a child isnew text end under state guardianship deleted text begin or notdeleted text end , if a child leaves foster care by reason of having
attained the age of majority under state law, the child must be given at no cost a copy of
the child's social and medical history, as deleted text begin defineddeleted text end new text begin describednew text end in section deleted text begin 259.43,deleted text end new text begin 260C.212,
subdivision 15, including the child's healthnew text end and education report.
Minnesota Statutes 2020, section 260C.503, subdivision 2, is amended to read:
(a) The responsible social services agency
must ask the county attorney to immediately file a termination of parental rights petition
when:
(1) the child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14;
(2) the child is determined to be the sibling of a child who was subjected to egregious
harm;
(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2,
paragraph (a), clause (2);
(4) the child's parent has lost parental rights to another child through an order involuntarily
terminating the parent's rights;
(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;
(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or
(7) another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under this chapter or a similar
law of another jurisdiction;
The county attorney shall file a termination of parental rights petition unless the conditions
of paragraph (d) are met.
(b) When the termination of parental rights petition is filed under this subdivision, the
responsible social services agency shall identify, recruit, and approve an adoptive family
for the child. If a termination of parental rights petition has been filed by another party, the
responsible social services agency shall be joined as a party to the petition.
(c) If criminal charges have been filed against a parent arising out of the conduct alleged
to constitute egregious harm, the county attorney shall determine which matter should
proceed to trial first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.
(d) The requirement of paragraph (a) does not apply if the responsible social services
agency and the county attorney determine and file with the court:
(1) a petition for transfer of permanent legal and physical custody to a relative under
sections 260C.505 and 260C.515, subdivision deleted text begin 3deleted text end new text begin 4new text end , including a determination that adoption
is not in the child's best interests and that transfer of permanent legal and physical custody
is in the child's best interests; or
(2) a petition under section 260C.141 alleging the child, and where appropriate, the
child's siblings, to be in need of protection or services accompanied by a case plan prepared
by the responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of the child.
Minnesota Statutes 2020, section 260C.515, subdivision 3, is amended to read:
The court may new text begin issue an new text end order new text begin that the child is
under the new text end guardianship deleted text begin todeleted text end new text begin ofnew text end the commissioner of human services under the following
procedures and conditions:
(1) there is an identified prospective adoptive parent agreed to by the responsible social
services agency deleted text begin havingdeleted text end new text begin that hasnew text end legal custody of the child pursuant to court order under this
chapter and that prospective adoptive parent has agreed to adopt the child;
(2) the court accepts the parent's voluntary consent to adopt in writing on a form
prescribed by the commissioner, executed before two competent witnesses and confirmed
by the consenting parent before the court or executed before the court. The consent shall
contain notice that consent given under this chapter:
(i) is irrevocable upon acceptance by the court unless fraud is established and an order
is issued permitting revocation as stated in clause (9) unless the matter is governed by the
Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
(ii) will result in an order that the child is under the guardianship of the commissioner
of human services;
(3) a consent executed and acknowledged outside of this state, either in accordance with
the law of this state or in accordance with the law of the place where executed, is valid;
(4) the court must review the matter at least every 90 days under section 260C.317;
(5) a consent to adopt under this subdivision vests guardianship of the child with the
commissioner of human services and makes the child a ward of the commissioner of human
services under section 260C.325;
(6) the court must forward to the commissioner a copy of the consent to adopt, together
with a certified copy of the order transferring guardianship to the commissioner;
(7) if an adoption is not finalized by the identified prospective adoptive parent within
six months of the execution of the consent to adopt under this clause, the responsible social
services agency shall pursue adoptive placement in another home unless the court finds in
a hearing under section 260C.317 that the failure to finalize is not due to either an action
or a failure to act by the prospective adoptive parent;
(8) notwithstanding clause (7), the responsible social services agency must pursue
adoptive placement in another home as soon as the agency determines that finalization of
the adoption with the identified prospective adoptive parent is not possible, that the identified
prospective adoptive parent is not willing to adopt the child, or that the identified prospective
adoptive parent is not cooperative in completing the steps necessary to finalize the adoptionnew text begin .
The court may order a termination of parental rights under subdivision 2new text end ; and
(9) unless otherwise required by the Indian Child Welfare Act, United States Code, title
25, section 1913(c), a consent to adopt executed under this section shall be irrevocable upon
acceptance by the court except upon order permitting revocation issued by the same court
after written findings that consent was obtained by fraud.
Minnesota Statutes 2020, section 260C.605, subdivision 1, is amended to read:
(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.
(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.
(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.
(d) Reasonable efforts to finalize the adoption of the child include:
(1) using age-appropriate engagement strategies to plan for adoption with the child;
(2) identifying an appropriate prospective adoptive parent for the child by updating the
child's identified needs using the factors in section 260C.212, subdivision 2;
(3) making an adoptive placement that meets the child's needs by:
(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:
(A) relatives who have kept the agency or the court apprised of their whereabouts and
who have indicated an interest in adopting the child; or
(B) relatives of the child who are located in an updated search;
(ii) an updated search is required whenever:
(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;
(B) the child is removed from the home of an adopting parent; or
(C) the court determines a relative search by the agency is in the best interests of the
child;
(iii) engaging the child's foster parent and the child's relatives identified as an adoptive
resource during the search conducted under section 260C.221, to commit to being the
prospective adoptive parent of the child; or
(iv) when there is no identified prospective adoptive parent:
(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;
(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;
(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;
(D) using newspapers and other media to promote the particular child;
(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and
(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;
(4) updating and completing the social and medical history required under sections
deleted text begin 259.43deleted text end new text begin 260C.212, subdivision 15,new text end and 260C.609;
(5) making, and keeping updated, appropriate referrals required by section 260.851, the
Interstate Compact on the Placement of Children;
(6) giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;
(7) offering the adopting parent the opportunity to apply for or decline adoption assistance
under chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ;
(8) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;
(9) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and
(10) working with the adopting parent to file a petition to adopt the child and with the
court administrator to obtain a timely hearing to finalize the adoption.
Minnesota Statutes 2020, section 260C.607, subdivision 6, is amended to read:
(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:
(1) has an adoption home study under section 259.41 approving the relative or foster
parent for adoption and has been a resident of Minnesota for at least six months before filing
the motion; the court may waive the residency requirement for the moving party if there is
a reasonable basis to do so; or
(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement.
(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.
(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.
(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.
(e) At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the relative or the
child's foster parent is the most suitable adoptive home to meet the child's needs using the
factors in section 260C.212, subdivision 2, paragraph (b), the court may order the responsible
social services agency to make an adoptive placement in the home of the relative or the
child's foster parent.
(f) If, in order to ensure that a timely adoption may occur, the court orders the responsible
social services agency to make an adoptive placement under this subdivision, the agency
shall:
(1) make reasonable efforts to obtain a fully executed adoption placement agreement;
(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ; and
(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.
(g) Denial or granting of a motion for an order for adoptive placement after an evidentiary
hearing is an order which may be appealed by the responsible social services agency, the
moving party, the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the child at
the time the motion was filed if the court's order has the effect of terminating the adoption
placement agreement. An appeal shall be conducted according to the requirements of the
Rules of Juvenile Protection Procedure.
Minnesota Statutes 2020, section 260C.609, is amended to read:
deleted text begin
(a) The responsible social services agency shall work with the birth family of the child,
foster family, medical and treatment providers, and the child's school to ensure there is a
detailed, thorough, and currently up-to-date social and medical history of the child as required
under section 259.43 on the forms required by the commissioner.
deleted text end
deleted text begin
(b) When the child continues in foster care, the agency's reasonable efforts to complete
the history shall begin no later than the permanency progress review hearing required under
section 260C.204 or six months after the child's placement in foster care.
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end Thenew text begin responsible social servicesnew text end agency shall thoroughly discuss the child's history
with the deleted text begin adoptingdeleted text end new text begin prospective adoptivenew text end parent of the child and shall give anew text begin redactednew text end copy
of deleted text begin the report ofdeleted text end the child's social and medical historynew text begin as described in section 260C.212,
subdivision 15, including redacted attachments,new text end to the deleted text begin adoptingdeleted text end new text begin prospective adoptivenew text end parent.new text begin
If the prospective adoptive parent does not pursue adoption of the child, the prospective
adoptive parent must return the child's social and medical history and redacted attachments
to the agency. The responsible social services agency may givenew text end anew text begin redactednew text end copy of the child's
social and medical history deleted text begin may also be givendeleted text end to the childdeleted text begin , as appropriatedeleted text end new text begin according to section
260C.212, subdivision 1new text end .
deleted text begin (d)deleted text end new text begin (b)new text end The report shall not include information that identifies birth relatives. Redacted
copies of allnew text begin ofnew text end the child's relevant evaluations, assessments, and records must be attached
to the social and medical history.
new text begin
(c) The agency must submit the child's social and medical history to the Department of
Human Services at the time that the agency submits the child's adoption placement agreement.
Pursuant to section 260C.623, subdivision 4, the child's social and medical history must be
submitted to the court at the time the adoption petition is filed with the court.
new text end
Minnesota Statutes 2020, section 260C.615, is amended to read:
(a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:
(1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and
(2) the child donating a part of the child's body to another person while the child is living;
the decision to donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.
(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty
to:
(1) process any complete and accurate request for home study and placement through
the Interstate Compact on the Placement of Children under section 260.851;
(2) process any complete and accurate application for adoption assistance fo