Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 414-S.F.No. 1980 
           An act relating to human services; providing for 
          exhaustion of benefits from other programs before 
          payment of adoption subsidies; establishing a family 
          subsidy program for families with children with 
          developmental disabilities; amending Minnesota 
          Statutes 1984, section 259.40, subdivisions 1 and 2; 
          Minnesota Statutes 1985 Supplement, section 252.32; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 259; repealing Minnesota Statutes 1985 
          Supplement, section 252.27, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 259.40, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUBSIDY PAYMENTS.] The commissioner of 
human services may make subsidy payments as he deems necessary 
to families an adoptive parent or parents who adopt a child who 
is a Minnesota resident and is under state guardianship of the 
commissioner or of a Minnesota resident from a licensed child 
placing agency after the adoptive placement of the child final 
decree of adoption is issued.  The subsidy payments and any 
subsequent modifications to the subsidy payments shall be based 
on the needs of the child that the commissioner has determined 
cannot be met using other resources including programs available 
to the child and the child's adoptive parent or parents.  
    Sec. 2.  Minnesota Statutes 1984, section 259.40, 
subdivision 2, is amended to read: 
    Subd. 2.  [SUBSIDY AGREEMENT.] The placing agency shall 
certify a child as eligible for a subsidy according to rules 
promulgated by the commissioner.  When a parent or parents are 
found and approved for adoptive placement of a child certified 
as eligible for a subsidy, and before the final decree of 
adoption is issued, there must be a written agreement in 
accordance with the rules promulgated by must be entered into by 
the commissioner, between the adoptive parent or parents 
entering into the subsidized adoption, and the placing agency,.  
The written agreement must be in the form prescribed by the 
commissioner and must clearly setting set forth the 
responsibilities of all parties and, the anticipated duration of 
the subsidy payments, and the payment terms of the subsidy 
agreement.  The subsidy agreement shall be subject to the 
commissioner's approval. 
    The commissioner shall provide adoption subsidies to the 
adoptive parent or parents according to the terms of the subsidy 
agreement.  The subsidy may include payment for medical, dental, 
and surgical expenses, psychiatric and psychological expenses, 
maintenance costs, and other costs necessary for the child's 
care and well-being.  The anticipated duration of the subsidy 
shall be specified in the agreement basic maintenance expenses 
of food, clothing, and shelter; ongoing supplemental maintenance 
expenses related to the child's special needs; nonmedical 
expenses periodically necessary for purchase of services, items 
or equipment related to the child's special needs; and medical 
expenses.  The placing agency or the adoptive parent or parents 
shall provide written documentation to support requests for 
subsidy payments.  The commissioner may require periodic 
reevaluation of subsidy payments.  The amount of the 
subsidy payment may in no case exceed that which would be 
allowable for the child under foster family care. 
    Sec. 3.  [259.406] [TRANSFER OF FUNDS.] 
    The commissioner of human services may transfer funds into 
the subsidized adoption account when a deficit in the subsidized 
adoption program occurs pursuant to section 256F.05, subdivision 
7. 
    Sec. 4.  Minnesota Statutes 1985 Supplement, section 
252.32, is amended to read: 
    252.32 [FAMILY SUBSIDY PROGRAM.] 
    Subdivision 1.  [PROGRAM ESTABLISHED; APPLICATION.] Within 
the limits of appropriations, the commissioner of human services 
may provide subsidies to families with children with mental 
retardation or related conditions in order to enable those 
families to continue caring for the children in their own 
homes.  The commissioner may establish criteria for determining 
eligibility for a subsidy and subsidy amounts and conditions for 
use of subsidies The commissioner of human services shall 
establish a program to provide subsidies to families to enable 
them to care for their dependents with handicaps in their own 
home.  This program must be limited to families whose dependents 
are under the age of 22 and who are mentally retarded or who 
have a related condition and otherwise would require or be 
eligible for placement in a licensed residential facility as set 
forth in section 245.782, subdivision 6.  
     Applications for the subsidy shall be made by the county 
social service agency to the department of human services.  The 
application shall specify the needs of the family and how the 
subsidy will be used.  
     Subd. 2.  [INDIVIDUAL SERVICE PLAN.] An individual service 
plan for the dependent shall be developed by the county social 
service agency and agreed upon by the parents.  A transitional 
plan shall be developed for the dependent when the dependent 
turns age 17 in order to assure an orderly transition to other 
services when the family terminates services from this program 
and to assure that an application is made for supplemental 
security income and other benefits.  
    Subd. 3.  [SUBSIDY AMOUNT; USE.] Subsidy amounts shall be 
determined by the commissioner of human services.  The subsidy 
may be used to cover the costs of special equipment, special 
clothing or diets, related transportation, therapy, medications, 
respite care, medical care, diagnostic assessments, 
modifications to the home and vehicle, and other services or 
items that assist the family and dependent.  The maximum monthly 
amount shall be $250.  The commissioner may consider the child's 
supplemental security income in determining the amount of the 
subsidy.  A variance may be granted by the commissioner to 
exceed $250 for emergency circumstances in cases where 
exceptional resources of the family are required to meet the 
health, welfare-safety needs of the child, for a period not to 
exceed 90 days per fiscal year.  The commissioner may set aside 
one percent of the appropriation to fund emergency situations.  
     Subd. 4.  [RULEMAKING.] The commissioner shall amend 
permanent rules to govern subsidy applications, criteria for 
approval, and other areas necessary to implement this program.  
     Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1985 Supplement, section 252.27, 
subdivision 4, is repealed. 
    Approved March 24, 1986