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Minnesota Legislature

Office of the Revisor of Statutes

SF 1563

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 02:57pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to child protection; requiring social service agencies to assist youth in
foster care to obtain drivers' licenses; requiring the Minnesota automobile insurance
plan to cover youth in long-term foster care at no cost; amending Minnesota Statutes
2018, sections 65B.10; 260C.219.

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

Section 1.

Minnesota Statutes 2018, section 65B.10, is amended to read:


65B.10 ELIGIBILITY.

Subdivision 1.

Eligibility for coverage.

To be eligible for coverage through the facility
an otherwise qualified applicant must have been rejected, canceled or refused renewal with
respect to automobile insurance by a membernew text begin, or be a child between the ages of 15 and 21
in long-term foster care or otherwise under the guardianship of the state
new text end.

Subd. 2.

Termination of eligibility.

Eligibility for placement through the facility will
terminate if an insured is offered equivalent coverage in the voluntary market at a rate lower
than the facility rate. If the member that is required to provide coverage by the facility makes
such an offer after giving 30 days' advance written notice to the agent of record before
making the offer, the member shall have no further obligation to the agent of record.

Subd. 3.

Review of insureds.

At least annually, every member shall review every private
passenger nonfleet applicant which it insures through the facility and determine whether or
not such applicant is acceptable for voluntary insurance at a rate lower than the facility rate.
If such applicant is acceptable, the member shall make an offer to insure the applicant under
voluntary coverage at such lower rate.

new text begin Subd. 4. new text end

new text begin Youth in foster care. new text end

new text begin Youth in foster care who qualify for eligibility under
subdivision 1 shall be provided coverage while they are in long-term foster care or under
the guardianship of the state at no cost.
new text end

Sec. 2.

Minnesota Statutes 2018, section 260C.219, is amended to read:


260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

(a) When a child is in foster care, the responsible social services agency shall make
diligent efforts to identify, locate, and, where appropriate, offer services to both parents of
the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but is not
limited to, obtaining information under section 260C.209. If after assessment, the responsible
social services agency determines that a noncustodial or nonadjudicated parent is willing
and capable of providing day-to-day care of the child, the responsible social services agency
may seek authority from the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated parent, the responsible social
services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with that parent
under section 260C.515, subdivision 4. If paternity has not already been established, it may
be established in the same proceeding in the manner provided for under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or guardian of
each child in foster care, other than a child in voluntary foster care for treatment under
chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

(c) The responsible social services agency shall inform a parent considering voluntary
placement of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

(d) When an agency accepts a child for placement, the agency shall determine whether
the child has had a physical examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the child came into the agency's
care. If there is documentation that the child has had an examination within the last 12
months, the agency is responsible for seeing that the child has another physical examination
within one year of the documented examination and annually in subsequent years. If the
agency determines that the child has not had a physical examination within the 12 months
immediately preceding placement, the agency shall ensure that the child has an examination
within 30 days of coming into the agency's care and once a year in subsequent years.

(e) Whether under state guardianship or not, 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 defined in section 259.43, and education
report.

new text begin (f) When a child is 15 years of age or older and in long-term foster care or under state
guardianship, the agency is responsible for assisting the child in obtaining a drivers' license,
including assistance to attend a drivers' education program, obtain a drivers' license, and
obtain vehicle insurance. The agency shall assist the child in obtaining insurance available
pursuant to section 65B.10 when the child is in long-term foster care or under state
guardianship.
new text end