1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am
A bill for an act
relating to human services; modifying provisions related to children aging out of
foster care; amending Minnesota Statutes 2008, section 260C.212, subdivision 7;
proposing coding for new law in Minnesota Statutes, chapter 260C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to
(a) There shall be an
administrative review of the out-of-home placement plan of each child placed in foster
care no later than 180 days after the initial placement of the child in foster care and at least
every six months thereafter if the child is not returned to the home of the parent or parents
within that time. The out-of-home placement plan must be monitored and updated at each
administrative review. The administrative review shall be conducted by the responsible
social services agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either the child or
the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as appropriate.
(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
The party requesting review of the out-of-home placement plan shall give parties to the
proceeding notice of the request to review and update the out-of-home placement plan.
A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
260C.141, subdivision 2 or 2a, clause (2); or 260C.317 shall satisfy the requirement for
the review so long as the other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the review required under section 260C.201, subdivision 11,
paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
review the independent living plan required under subdivision 1, paragraph (c), clause
(8), and the provision of services to the child related to the well-being of the child as the
child prepares to leave foster care. The review shall include the actual plans related to
each item in the plan necessary to the child's future safety and well-being when the child is
no longer in foster care.
(1) At the court review, the responsible social services agency shall establish that it
has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
to continued access to services for certain children in foster care past age 18 and of the
right to appeal a denial of social services under section 256.245. If the agency is unable
to establish that the notice, including the right to appeal a denial of social services, has
been given, the court shall require the agency to give it.
(2) The court shall make findings regarding progress toward or accomplishment of
the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a
(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
(3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.
new text begin new text end
new text begin new text end