Engrossments
Introduction		Posted on 02/28/2014
1st Engrossment		Posted on 03/12/2014

Section 1.

Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:

Subd. 5.

Fingerprints.

(a) Except as provided in paragraph (c), for any background
study completed under this chapter, when the commissioner has reasonable cause to
believe that further pertinent information may exist on the subject of the background
study, the subject shall provide the commissioner with a set of classifiable fingerprints
obtained from an authorized agency.

(b) For purposes of requiring fingerprints, the commissioner has reasonable cause
when, but not limited to, the:

(1) information from the Bureau of Criminal Apprehension indicates that the subject
is a multistate offender;

(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or

(3) commissioner has received a report from the subject or a third party indicating
that the subject has a criminal history in a jurisdiction other than Minnesota.

(c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for
background studies conducted by the commissioner for child foster care deleted text begin ordeleted text end new text begin ,new text end adoptions,new text begin or a
transfer of permanent legal and physical custody of a child,new text end the subject of the background
study, who is 18 years of age or older, shall provide the commissioner with a set of
classifiable fingerprints obtained from an authorized agency.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is
amended to read:

Subdivision 1.

Background studies conducted by Department of Human
Services.

(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensurenew text begin , a
transfer of permanent legal and physical custody of a child under sections 260C.503 to
260C.515,new text end or adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study subject is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that
relates to individuals who have already been studied under this chapter and who remain
affiliated with the agency that initiated the background study.

Sec. 3.

Minnesota Statutes 2012, section 245C.33, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by commissioner.

new text begin (a) new text end Before
placement of a child for purposes of adoption, the commissioner shall conduct a
background study on individuals listed in deleted text begin sectiondeleted text end new text begin sectionsnew text end 259.41, subdivision 3,new text begin and
260C.611,new text end for county agencies and private agencies licensed to place children for adoption.
new text begin When a prospective adoptive parent is seeking to adopt a child who is currently placed in
the prospective adoptive parent's home and is under the guardianship of the commissioner
according to section 260C.325, subdivision 1, paragraph (b), and the prospective adoptive
parent holds a child foster care license, a new background study is not required when:
new text end

new text begin (1) a background study was completed on persons required to be studied under section
245C.03 in connection with the application for child foster care licensure after July 1, 2007;
new text end

new text begin (2) the background study included a review of the information in section 245C.08,
subdivisions 1, 3, and 4; and
new text end

new text begin (3) as a result of the background study, the individual was either not disqualified
or, if disqualified, the disqualification was set aside under section 245C.22, or a variance
was issued under section 245C.30.
new text end

new text begin (b) Before placement of a child for purposes of transferring permanent legal and
physical custody to a relative under sections 260C.503 to 260C.515, the commissioner
shall conduct a background study on each person age 13 or older living in the home.
When a prospective relative custodian has a child foster care license, a new background
study is not required when:
new text end

new text begin (1) a background study was completed on persons required to be studied under section
245C.03 in connection with the application for child foster care licensure after July 1, 2007;
new text end

new text begin (2) the background study included a review of the information in section 245C.08,
subdivisions 1, 3, and 4; and
new text end

new text begin (3) as a result of the background study, the individual was either not disqualified
or, if disqualified, the disqualification was set aside under section 245C.22, or a variance
was issued under section 245C.30.
new text end

Sec. 4.

Minnesota Statutes 2012, section 245C.33, subdivision 4, is amended to read:

Subd. 4.

Information commissioner reviews.

(a) The commissioner shall review
the following information regarding the background study subject:

(1) the information under section 245C.08, subdivisions 1, 3, and 4;

(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and

(3) information from national crime information databases, when required under
section 245C.08.

(b) The commissioner shall provide any information collected under this subdivision
to the county or private agency that initiated the background study. The commissioner
shall also provide the agency:

(1) notice whether the information collected shows that the subject of the background
study has a conviction listed in United States Code, title 42, section 671(a)(20)(A); and

(2)new text begin for background studies conducted under subdivision 1, paragraph (a),new text end the date of
all adoption-related background studies completed on the subject by the commissioner
after June 30, 2007, and the name of the county or private agency that initiated the
adoption-related background study.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is
amended to read:

Subdivision 1.

Children eligible for subsidized adoption assistance.

Medical
assistance may be paid for a child eligible for or receiving adoption assistance payments
under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
676, and to any child who is not title IV-E eligible but who was determined eligible for
adoption assistance under new text begin chapter 256N or new text end section 259A.10, subdivision 2, and has a
special need for medical or rehabilitative care.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a
subdivision to read:

new text begin Subd. 14a. new text end

new text begin Licensed child foster parent. new text end

new text begin "Licensed child foster parent" means a
person who is licensed for child foster care under Minnesota Rules, parts 2960.3000 to
2960.3340, or licensed by a Minnesota tribe in accordance with tribal standards.
new text end

Sec. 7.

Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is
amended to read:

Subd. 2.

Placement in foster care.

To be eligible for foster care benefits under this
section, the child must be in placement away from the child's legal parent deleted text begin ordeleted text end new text begin ,new text end guardiannew text begin , or
Indian custodian as defined in section 260.755, subdivision 10,new text end and deleted text begin all of the following
criteria must be metdeleted text end new text begin must meet one of the criteria in clause (1) and either clause (2) or (3)new text end :

deleted text begin (1) the legally responsible agency must have placement authority and care
responsibility, including for a child 18 years old or older and under age 21, who maintains
eligibility for foster care consistent with section 260C.451;
deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end the legally responsible agency must havenew text begin placementnew text end authority to place the
child withnew text begin : (i)new text end a voluntary placement agreement or a court order, consistent with sections
260B.198, 260C.001,new text begin andnew text end 260D.01, or deleted text begin continued eligibilitydeleted text end consistent with section
260C.451new text begin for a child 18 years old or older and under age 21 who maintains eligibility for
foster care; or (ii) a voluntary placement agreement or court order by a Minnesota tribe
that is consistent with United States Code, title 42, section 672(a)(2)new text end ; and

deleted text begin (3)deleted text end new text begin (2)new text end the child deleted text begin must bedeleted text end new text begin isnew text end placed deleted text begin in an emergency relative placement under section
245A.035,deleted text end new text begin with new text end a licensed deleted text begin foster family setting, foster residence setting, or treatment
foster care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, a
family foster home licensed or approved by a tribal agency or, for a child 18 years old or
older and under age 21,deleted text end new text begin child foster parent; or
new text end

new text begin (3) the child is placed in one of the following unlicensed child foster care settings:
new text end

new text begin (i) an emergency relative placement under tribal licensing regulations or section
245A.035, with the legally responsible agency ensuring the relative completes the required
child foster care application process;
new text end

new text begin (ii) a licensed adult foster home with an approved age variance under section
245A.16 for no more than six months;
new text end

new text begin (iii) for a child 18 years old or older and under age 21 who is eligible for extended
foster care under section 260C.451, new text end an unlicensed supervised independent living setting
approved by the agency responsible for the deleted text begin youth'sdeleted text end new text begin child'snew text end caredeleted text begin .deleted text end new text begin ; or
new text end

new text begin (iv) a preadoptive placement in a home specified in section 245A.03, subdivision
2, paragraph (a), clause (9), with an approved adoption home study and signed adoption
placement agreement.
new text end

Sec. 8.

Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Background study. new text end

new text begin (a) A county or private agency conducting a
background study for purposes of child foster care licensing or approval must conduct
the study in accordance with chapter 245C and must meet the requirements in United
States Code, title 42, section 671(a)(20).
new text end

new text begin (b) A Minnesota tribe conducting a background study for purposes of child foster
care licensing or approval must conduct the study in accordance with the requirements in
United States Code, title 42, section 671(a)(20), when applicable.
new text end

Sec. 9.

Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 1, is
amended to read:

Subdivision 1.

General eligibility requirements.

(a) To be eligible for guardianship
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 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. 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 deleted text begin indeleted text end new text begin with the prospective relative custodian who has been a
licensed childnew text end foster deleted text begin caredeleted text end new text begin parentnew text end for at least six consecutive months deleted text begin in the home of the
prospective relative custodiandeleted text end ; or

(ii) have received new text begin from the commissioner new text end an exemption from the requirement in item
(i) deleted text begin from the courtdeleted text end new text begin that the prospective relative custodian has been a licensed child foster
parent for at least six consecutive monthsnew text end new text begin ,new text end 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 guardianship
assistance; deleted text begin and
deleted text end

(C) the prospective relative custodian is uniquely qualified to meet the child's needsnew text begin ,
as defined in section 260C.212, subdivision 2,new text end on a permanent basis;

new text begin (D) the child and prospective relative custodian meet the eligibility requirements
of this section; and
new text end

new text begin (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;
new text end

(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 guardianship 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 guardianship assistance in section 473(d) of the
Social Security Act is eligible for title IV-E guardianship 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 guardianship assistance is entitled to guardianship assistance paid
through funds other than title IV-E.

Sec. 10.

Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 2, is
amended to read:

Subd. 2.

Agency determinations regarding permanency.

(a) To be eligible for
guardianship assistance, the legally responsible agency must complete the following
determinations regarding permanency for the child prior to the transfer of permanent
legal and physical custody:

(1) a determination that reunification and adoption are not appropriate permanency
options for the child; and

(2) a determination that the child demonstrates a strong attachment to the prospective
relative custodian and the prospective relative custodian has a strong commitment to
caring permanently for the child.

(b) The legally responsible agency shall document the determinations in paragraph
(a) and deleted text begin thedeleted text end new text begin eligibility requirements in this section that comply with United States Code,
title 42, sections 673(d) and 675(1)(F). These determinations must be documented in a
kinship placement agreement, which must be in the format prescribed by the commissioner
and must be signed by the prospective relative custodian and the legally responsible
agency. In the case of a Minnesota tribe, the determinations and eligibility requirements
in this section may be provided in an alternative format approved by the commissioner.
new text end Supporting information for completing each determination new text begin must be documented new text end in the
new text begin legally responsible agency's new text end case file and deleted text begin make themdeleted text end available for review as requested
by the financially responsible agency and the commissioner during the guardianship
assistance eligibility determination process.

Sec. 11.

Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 4, is
amended to read:

Subd. 4.

Background study.

(a) A background study deleted text begin under section 245C.33deleted text end must be
completed on each prospective relative custodian and any other adult residing in the home
of the prospective relative custodian.new text begin The background study must meet the requirements of
United States Code, title 42, section 671(a)(20). A study completed under section 245C.33
meets this requirement.new text end A background study on the prospective relative custodian or adult
residing in the household previously completed under deleted text begin section 245C.04deleted text end new text begin chapter 245Cnew text end for the
purposes of new text begin child new text end foster care licensure deleted text begin maydeleted text end new text begin under chapter 245A or licensure by a Minnesota
tribe, shallnew text end be used for the purposes of this section, provided that the background study deleted text begin is
currentdeleted text end new text begin meets the requirements of this subdivision and the prospective relative custodian is
a licensed child foster parentnew text end at the time of the application for guardianship assistance.

(b) If the background study reveals:

(1) a felony conviction at any time for:

(i) child abuse or neglect;

(ii) spousal abuse;

(iii) a crime against a child, including child pornography; or

(iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or

(2) a felony conviction within the past five years for:

(i) physical assault;

(ii) battery; or

(iii) a drug-related offense;

the prospective relative custodian is prohibited from receiving guardianship assistance
on behalf of an otherwise eligible child.

Sec. 12.

Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is
amended to read:

Subd. 6.

Exclusions.

(a) A child with a guardianship assistance agreement under
Northstar Care for Children is not eligible for the Minnesota family investment program
child-only grant under chapter 256J.

(b) The commissioner shall not enter into a guardianship assistance agreement with:

(1) a child's biological parentnew text begin or stepparentnew text end ;

(2) an individual assuming permanent legal and physical custody of a child or the
equivalent under tribal code without involvement of the child welfare system; or

(3) an individual assuming permanent legal and physical custody of a child who was
placed in Minnesota by another state or a tribe outside of Minnesota.

Sec. 13.

Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is
amended to read:

Subdivision 1.

General eligibility requirements.

(a) To be eligible for new text begin Northstar
new text end adoption assistance under this section, a child must:

(1) be determined to be a child with special needs under subdivision 2;

(2) meet the applicable citizenship and immigration requirements in subdivision 3;

(3)(i) meet the criteria in section 473 of the Social Security Act; or

(ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county new text begin social service agency new text end or deleted text begin tribe and be either under the
deleted text end new text begin tribal social service agency prior to the issuance of a court order transferring the child's
new text end guardianship deleted text begin ofdeleted text end new text begin tonew text end the commissioner or deleted text begin under the jurisdiction of a Minnesota tribe and
adoption, according to tribal law, is in the child's documented permanency plandeleted text end new text begin making
the child a ward of the tribenew text end ; and

(4) have a written, binding agreement under section 256N.25 among the adoptive
parent, the financially responsible agency, or, if there is no financially responsible agency,
the agency designated by the commissioner, and the commissioner established prior to
finalization of the adoption.

(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent
or parents must meet the applicable background study requirements in subdivision 4.

(c) A child who meets all eligibility criteria except those specific to title IV-E adoption
assistance shall receive adoption assistance paid through funds other than title IV-E.

new text begin (d) A child receiving Northstar kinship assistance payments under section 256N.22
is eligible for Northstar adoption assistance when the criteria in paragraph (a) are met and
the child's legal custodian is adopting the child.
new text end

Sec. 14.

Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 4, is
amended to read:

Subd. 4.

Background study.

new text begin (a) new text end A background study deleted text begin under section 259.41deleted text end must be
completed on each prospective adoptive parentdeleted text begin .deleted text end new text begin and all other adults residing in the home.
A background study must meet the requirements of United States Code, title 42, section
671(a)(20). A study completed under section 245C.33 meets this requirement. If the
prospective adoptive parent is a licensed child foster parent licensed under chapter 245A
or by a Minnesota tribe, the background study previously completed for the purposes of
child foster care licensure shall be used for the purpose of this section, provided that the
background study meets all other requirements of this subdivision and the prospective
adoptive parent is a licensed child foster parent at the time of the application for adoption
assistance.
new text end

new text begin (b)new text end If the background study reveals:

(1) a felony conviction at any time for:

(i) child abuse or neglect;

(ii) spousal abuse;

(iii) a crime against a child, including child pornography; or

(iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or

(2) a felony conviction within the past five years for:

(i) physical assault;

(ii) battery; or

(iii) a drug-related offense;

the adoptive parent is prohibited from receiving adoption assistance on behalf of an
otherwise eligible child.

Sec. 15.

Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is
amended to read:

Subd. 9.

Timing of and requests for reassessments.

Reassessments for an eligible
child must be completed within 30 days of any of the following events:

(1) for a child in continuous foster care, when six months have elapsed since
deleted text begin completion of the last assessmentdeleted text end new text begin the initial assessment, and annually thereafternew text end ;

(2) for a child in continuous foster care, change of placement location;

(3) for a child in foster care, at the request of the financially responsible agency or
legally responsible agency;

(4) at the request of the commissioner; or

(5) at the request of the caregiver under subdivision deleted text begin 9deleted text end new text begin 10new text end .

Sec. 16.

Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10,
is amended to read:

Subd. 10.

Caregiver requests for reassessments.

(a) A caregiver may initiate
a reassessment request for an eligible child in writing to the financially responsible
agency or, if there is no financially responsible agency, the agency designated by the
commissioner. The written request must include the reason for the request and the
name, address, and contact information of the caregivers. deleted text begin For an eligible child with a
guardianship assistance or adoption assistance agreement,deleted text end The caregiver may request a
reassessment if at least six months have elapsed since any deleted text begin previously requested review
deleted text end new text begin previous assessment or reassessmentnew text end . deleted text begin For an eligible foster child, a foster parent may
request reassessment in less than six months with written documentation that there have
been significant changes in the child's needs that necessitate an earlier reassessment.
deleted text end

(b) A caregiver may request a reassessment of an at-risk child for whom deleted text begin a
guardianship assistance ordeleted text end new text begin annew text end adoption assistance agreement has been executed if the
caregiver has satisfied the commissioner with written documentation from a qualified
expert that the potential disability upon which eligibility for the agreement was based has
manifested itself, consistent with section 256N.25, subdivision 3, paragraph (b).

(c) If the reassessment cannot be completed within 30 days of the caregiver's request,
the agency responsible for reassessment must notify the caregiver of the reason for the
delay and a reasonable estimate of when the reassessment can be completed.

new text begin (d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,
when a Northstar kinship assistance agreement or adoption assistance agreement under
section 256N.25 has been signed by all parties, no reassessment may be requested or
conducted until the court finalizes the transfer of permanent legal and physical custody or
finalizes the adoption, or the assistance agreement expires according to section 256N.25,
subdivision 1.
new text end

Sec. 17.

Minnesota Statutes 2013 Supplement, section 256N.25, subdivision 2, is
amended to read:

Subd. 2.

Negotiation of agreement.

(a) When a child is determined to be eligible
for guardianship assistance or adoption assistance, the financially responsible agency, or,
if there is no financially responsible agency, the agency designated by the commissioner,
must negotiate with the caregiver to develop an agreement under subdivision 1. If and when
the caregiver and agency reach concurrence as to the terms of the agreement, both parties
shall sign the agreement. The agency must submit the agreement, along with the eligibility
determination outlined in sections 256N.22, subdivision 7, and 256N.23, subdivision 7, to
the commissioner for final review, approval, and signature according to subdivision 1.

(b) A monthly payment is provided as part of the adoption assistance or guardianship
assistance agreement to support the care of children unless the child is new text begin eligible for adoption
assistance and new text end determined to be an at-risk child, in which case deleted text begin the special at-risk monthly
payment under section 256N.26, subdivision 7, mustdeleted text end new text begin no payment willnew text end be made new text begin unless and
new text end until the caregiver obtains written documentation from a qualified expert that the potential
disability upon which eligibility for the agreement was based has manifested itself.

(1) The amount of the payment made on behalf of a child eligible for guardianship
assistance or adoption assistance is determined through agreement between the prospective
relative custodian or the adoptive parent and the financially responsible agency, or, if there
is no financially responsible agency, the agency designated by the commissioner, using
the assessment tool established by the commissioner in section 256N.24, subdivision 2,
and the associated benefit and payments outlined in section 256N.26. Except as provided
under section 256N.24, subdivision 1, paragraph (c), the assessment tool establishes
the monthly benefit level for a child under foster care. The monthly payment under a
guardianship assistance agreement or adoption assistance agreement may be negotiated up
to the monthly benefit level under foster care. In no case may the amount of the payment
under a guardianship assistance agreement or adoption assistance agreement exceed the
foster care maintenance payment which would have been paid during the month if the
child with respect to whom the guardianship assistance or adoption assistance payment is
made had been in a foster family home in the state.

(2) The rate schedule for the agreement is determined based on the age of the
child on the date that the prospective adoptive parent or parents or relative custodian or
custodians sign the agreement.

(3) The income of the relative custodian or custodians or adoptive parent or parents
must not be taken into consideration when determining eligibility for guardianship
assistance or adoption assistance or the amount of the payments under section 256N.26.

(4) With the concurrence of the relative custodian or adoptive parent, the amount of
the payment may be adjusted periodically using the assessment tool established by the
commissioner in section 256N.24, subdivision 2, and the agreement renegotiated under
subdivision 3 when there is a change in the child's needs or the family's circumstances.

(5) deleted text begin The guardianship assistance or adoption assistance agreement of a child who is
identified as at-risk receives the special at-risk monthly payment under section 256N.26,
subdivision 7, unless and until the potential disability manifests itself, as documented by
an appropriate professional, and the commissioner authorizes commencement of payment
by modifying the agreement accordingly. A relative custodian ordeleted text end new text begin Annew text end adoptive parent
of an at-risk child with deleted text begin a guardianship assistance ordeleted text end new text begin annew text end adoption assistance agreement
may request a reassessment of the child under section 256N.24, subdivision deleted text begin 9deleted text end new text begin 10new text end , and
renegotiation of the deleted text begin guardianship assistance ordeleted text end adoption assistance agreement under
subdivision 3 to include a monthly payment, if the caregiver has written documentation
from a qualified expert that the potential disability upon which eligibility for the agreement
was based has manifested itself. Documentation of the disability must be limited to
evidence deemed appropriate by the commissioner.

(c) For guardianship assistance agreements:

(1) the initial amount of the monthly guardianship assistance payment must be
equivalent to the foster care rate in effect at the time that the agreement is signed less any
offsets under section 256N.26, subdivision 11, or a lesser negotiated amount if agreed to
by the prospective relative custodian and specified in that agreement, unless deleted text begin the child is
deleted text end deleted text begin identified as at-risk ordeleted text end the guardianship assistance agreement is entered into when a child
is under the age of six;new text begin and
new text end

deleted text begin (2) an at-risk child must be assigned level A as outlined in section 256N.26 and
receive the special at-risk monthly payment under section 256N.26, subdivision 7, unless
and until the potential disability manifests itself, as documented by a qualified expert, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly; and
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end the amount of the monthly payment for a guardianship assistance agreement
for a childdeleted text begin , other than an at-risk child,deleted text end who is under the age of six must be as specified in
section 256N.26, subdivision 5.

(d) For adoption assistance agreements:

(1) for a child in foster care with the prospective adoptive parent immediately prior
to adoptive placement, the initial amount of the monthly adoption assistance payment
must be equivalent to the foster care rate in effect at the time that the agreement is signed
less any offsets in section 256N.26, subdivision 11, or a lesser negotiated amount if agreed
to by the prospective adoptive parents and specified in that agreement, unless the child is
identified as at-risk or the adoption assistance agreement is entered into when a child is
under the age of six;

(2) new text begin for new text end an at-risk child new text begin who new text end must be assigned level A as outlined in section
256N.26 deleted text begin and receive the special at-risk monthly payment under section 256N.26,
subdivision 7deleted text end ,new text begin no payment will be made new text end unless and until the potential disability manifests
itself, as documented by an appropriate professional, and the commissioner authorizes
commencement of payment by modifying the agreement accordingly;

(3) the amount of the monthly payment for an adoption assistance agreement for
a child under the age of six, other than an at-risk child, must be as specified in section
256N.26, subdivision 5;

(4) for a child who is in the guardianship assistance program immediately prior
to adoptive placement, the initial amount of the adoption assistance payment must be
equivalent to the guardianship assistance payment in effect at the time that the adoption
assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive
parent and specified in that agreementnew text begin , unless the child is identified as an at-risk childnew text end ; and

(5) for a child who is not in foster care placement or the guardianship assistance
program immediately prior to adoptive placement or negotiation of the adoption assistance
agreement, the initial amount of the adoption assistance agreement must be determined
using the assessment tool and process in this section and the corresponding payment
amount outlined in section 256N.26.

Sec. 18.

Minnesota Statutes 2013 Supplement, section 256N.25, subdivision 3, is
amended to read:

Subd. 3.

Renegotiation of agreement.

(a) A relative custodian or adoptive
parent of a child with a guardianship assistance or adoption assistance agreement may
request renegotiation of the agreement when there is a change in the needs of the child
or in the family's circumstances. When a relative custodian or adoptive parent requests
renegotiation of the agreement, a reassessment of the child must be completed consistent
with section 256N.24, subdivisions 9 and 10. If the reassessment indicates that the
child's level has changed, the financially responsible agency or, if there is no financially
responsible agency, the agency designated by the commissioner or the commissioner's
designee, and the caregiver must renegotiate the agreement to include a payment with
the level determined through the reassessment process. The agreement must not be
renegotiated unless the commissioner, the financially responsible agency, and the caregiver
mutually agree to the changes. The effective date of any renegotiated agreement must be
determined by the commissioner.

(b) deleted text begin A relative custodian ordeleted text end new text begin Annew text end adoptive parent of an at-risk child with deleted text begin a guardianship
assistance ordeleted text end new text begin annew text end adoption assistance agreement may request renegotiation of the agreement
to include a monthly payment deleted text begin higher than the special at-risk monthly paymentdeleted text end under
section 256N.26deleted text begin , subdivision 7,deleted text end if the caregiver has written documentation from a
qualified expert that the potential disability upon which eligibility for the agreement
was based has manifested itself. Documentation of the disability must be limited to
evidence deemed appropriate by the commissioner. Prior to renegotiating the agreement, a
reassessment of the child must be conducted as outlined in section 256N.24, subdivision
9. The reassessment must be used to renegotiate the agreement to include an appropriate
monthly payment. The agreement must not be renegotiated unless the commissioner, the
financially responsible agency, and the caregiver mutually agree to the changes. The
effective date of any renegotiated agreement must be determined by the commissioner.

(c) Renegotiation of a guardianship assistance or adoption assistance agreement is
required when one of the circumstances outlined in section 256N.26, subdivision 13,
occurs.

Sec. 19.

Minnesota Statutes 2013 Supplement, section 256N.26, subdivision 1, is
amended to read:

Subdivision 1.

Benefits.

(a) There are three benefits under Northstar Care for
Children: medical assistance, basic payment, and supplemental difficulty of care payment.

(b) A child is eligible for medical assistance under subdivision 2.

(c) A child is eligible for the basic payment under subdivision 3, except for a child
assigned level A under section 256N.24, subdivision 1, because the child is determined to
be an at-risk child receiving deleted text begin guardianship assistance ordeleted text end adoption assistance.

(d) A child, including a foster child age 18 to 21, is eligible for an additional
supplemental difficulty of care payment under subdivision 4, as determined by the
assessment under section 256N.24.

(e) An eligible child entering guardianship assistance or adoption assistance under
the age of six receives a basic payment and supplemental difficulty of care payment as
specified in subdivision 5.

(f) A child transitioning in from a pre-Northstar Care for Children program under
section 256N.28, subdivision 7, shall receive basic and difficulty of care supplemental
payments according to those provisions.

Sec. 20.

Minnesota Statutes 2013 Supplement, section 256N.27, subdivision 4, is
amended to read:

Subd. 4.

Nonfederal share.

(a) The commissioner shall establish a percentage share
of the maintenance payments, reduced by federal reimbursements under title IV-E of the
Social Security Act, to be paid by the state and to be paid by the financially responsible
agency.

(b) These state and local shares must initially be calculated based on the ratio of the
average appropriate expenditures made by the state and all financially responsible agencies
during calendar years 2011, 2012, 2013, and 2014. For purposes of this calculation,
appropriate expenditures for the financially responsible agencies must include basic and
difficulty of care payments for foster care reduced by federal reimbursements, but not
including any initial clothing allowance, administrative payments to child care agencies
specified in section 317A.907, child care, or other support or ancillary expenditures. For
purposes of this calculation, appropriate expenditures for the state shall include adoption
assistance and relative custody assistance, reduced by federal reimbursements.

(c) For each of the periods January 1, 2015, to June 30, 2016, and fiscal years 2017,
2018, and 2019, the commissioner shall adjust this initial percentage of state and local
shares to reflect the relative expenditure trends during calendar years 2011, 2012, 2013, and
2014, taking into account appropriations for Northstar Care for Children and the turnover
rates of the components. In making these adjustments, the commissioner's goal shall be to
make these state and local expenditures other than the appropriations for Northstar Care
for Children to be the same as they would have been had Northstar Care for Children not
been implemented, or if that is not possible, proportionally higher or lower, as appropriate.
new text begin Except for adjustments so that the costs of the phase-in are borne by the state, new text end the state and
local share percentages for fiscal year 2019 must be used for all subsequent years.

Sec. 21.

Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:

Subd. 11.

Financial considerations.

(a) Payment of relative custody assistance
under a relative custody assistance agreement is subject to the availability of state funds
and payments may be reduced or suspended on order of the commissioner if insufficient
funds are available.

(b) deleted text begin Upon receipt from a local agency of a claim for reimbursement, the commissioner
shall reimburse the local agency in an amount equal to 100 percent of the relative custody
assistance payments provided to relative custodians. Thedeleted text end new text begin Anew text end local agency may not seek and
the commissioner shall not provide reimbursement for the administrative costs associated
with performing the duties described in subdivision 4.

(c) For the purposes of determining eligibility or payment amounts under MFIP,
relative custody assistance payments shall be excluded in determining the family's
available income.

new text begin (d) For expenditures made on or before December 31, 2014, upon receipt from a
local agency of a claim for reimbursement, the commissioner shall reimburse the local
agency in an amount equal to 100 percent of the relative custody assistance payments
provided to relative custodians.
new text end

new text begin (e) For expenditures made on or after January 1, 2015, upon receipt from a local
agency of a claim for reimbursement, the commissioner shall reimburse the local agency as
part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.
new text end

Sec. 22.

Minnesota Statutes 2012, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(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. 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. 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 in order 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 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) new text begin when a child cannot return to or be in the care of either parent, new text end documentation of
steps to finalize the new text begin permanency plan for the child, including:
new text end

new text begin (i) reasonable efforts to place the child for new text end adoption deleted text begin or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of the
only known, living parent of the childdeleted text end . At a minimum, the documentation must include
new text begin consideration of whether adoption is in the best interests of the child, new text end 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);new text begin and
new text end

new text begin (ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interest;
new text end

(7) efforts to ensure the child's educational stability while in foster care, including:

(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; 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;

(8) 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;

(9) the efforts by the local 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, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will 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
will 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;

(10) 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;

(11) an independent living plan for a child age 16 or older. 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 agency to ensure that
the youth annually receives, at no cost to the youth, 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; and

(vii) establishing and maintaining connections with the child's family and
community; and

(12) 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.

(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.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 23.

Minnesota Statutes 2012, section 260C.515, subdivision 4, is amended to read:

Subd. 4.

Custody to relative.

The court may order permanent legal and physical
custody to a new text begin fit and willing new text end relative in the best interests of the child according to the
following deleted text begin conditionsdeleted text end new text begin requirementsnew text end :

(1) an order for transfer of permanent legal and physical custody to a relative shall
only be made after the court has reviewed the suitability of the prospective legal and
physical custodiannew text begin , including a review of the background study required under sections
245C.33 and 256N.22, subdivision 4new text end ;

(2) in transferring permanent legal and physical custody to a relative, the juvenile
court shall follow the standards applicable under this chapter and chapter 260, and the
procedures in the Minnesota Rules of Juvenile Protection Procedure;

(3) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;

(4) a permanent legal and physical custodian may not return a child to the permanent
care of a parent from whom the court removed custody without the court's approval and
without notice to the responsible social services agency;

(5) the social services agency may file a petition naming a fit and willing relative as
a proposed permanent legal and physical custodiannew text begin . A petition for transfer of permanent
legal and physical custody to a relative who is not a parent shall be accompanied by a
kinship placement agreement under section 256N.22, subdivision 2, between the agency
and proposed permanent legal and physical custodiannew text end ;

(6) another party to the permanency proceeding regarding the child may file a
petition to transfer permanent legal and physical custody to a relativedeleted text begin , but thedeleted text end new text begin . Thenew text end petition
new text begin must include facts upon which the court can make the determination required under clause
(7) and new text end must be filed not later than the date for the required admit-deny hearing under
section 260C.507; or if the agency's petition is filed under section 260C.503, subdivision
2, the petition must be filed not later than 30 days prior to the trial required under section
260C.509; deleted text begin and
deleted text end

new text begin (7) where a petition is for transfer of permanent legal and physical custody to a
relative who is not a parent, the court must find that:
new text end

new text begin (i) transfer of permanent legal and physical custody and receipt of Northstar kinship
assistance under chapter 256N, when requested and the child is eligible, is in the child's
best interests;
new text end

new text begin (ii) adoption is not in the child's best interests based on the determinations in the
kinship placement agreement required under section 256N.22, subdivision 2;
new text end

new text begin (iii) the agency made efforts to discuss adoption with the child's parent or parents,
or the agency did not make efforts to discuss adoption and the reasons why efforts were
not made; and
new text end

new text begin (iv) there are reasons to separate siblings during placement, if applicable;
new text end

new text begin (8) the court may defer finalization of an order transferring permanent legal and
physical custody to a relative when deferring finalization is necessary to determine
eligibility for Northstar kinship assistance under chapter 256N; and
new text end

deleted text begin (7)deleted text end new text begin (9)new text end the juvenile court may maintain jurisdiction over the responsible social
services agency, the parents or guardian of the child, the child, and the permanent legal
and physical custodian for purposes of ensuring appropriate services are delivered to the
child and permanent legal custodian for the purpose of ensuring conditions ordered by the
court related to the care and custody of the child are met.

Sec. 24.

Minnesota Statutes 2012, section 260C.611, is amended to read:

260C.611 ADOPTION STUDY REQUIRED.

new text begin (a) new text end An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent shall be completed before placing any child under
the guardianship of the commissioner in a home for adoption. If a prospective adoptive
parent hasnew text begin a current child foster care license under chapter 245A and is seeking to adopt
a foster child who is placed in the prospective adoptive parent's home and is under the
guardianship of the commissioner according to section 260C.325, subdivision 1, the child
foster care home study meets the requirements of this section for an approved adoption
home study if:
new text end

new text begin (1) the written home study on which the foster care license was based is completed
in the commissioner's designated format, consistent with the requirements in sections
260C.215, subdivision 4, clause (5); and 259.41, subdivision 2; and Minnesota Rules,
part 2960.3060, subpart 4;
new text end

new text begin (2) the background studies on each prospective adoptive parent and all required
household members were completed according to section 245C.33;
new text end

new text begin (3) the commissioner has not issued, within the last three years, a sanction on the
license under section 245A.07 or an order of a conditional license under section 245A.06;
and
new text end

new text begin (4) the legally responsible agency determines that the individual needs of the child
are being met by the prospective adoptive parent through an assessment under section
256N.24, subdivision 2, or a documented placement decision consistent with section
260C.212, subdivision 2.
new text end

new text begin (b) If a prospective adoptive parent hasnew text end previously held a foster care license or
adoptive home study, any update necessary to the foster care license, or updated or new
adoptive home study, if not completed by the licensing authority responsible for the
previous license or home study, shall include collateral information from the previous
licensing or approving agency, if available.

Sec. 25. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "guardianship assistance" to "Northstar
kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
refer to the program components related to Northstar Care for Children under Minnesota
Statutes, chapter 256N.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2013 Supplement, section 256N.26, subdivision 7, new text end new text begin is repealed.
new text end

SF 2240

Bill Text Versions

Current Version - 1st Engrossment

ARTICLE 1

NORTHSTAR CARE FOR CHILDREN

Section 1.

Subd. 5.

Fingerprints.

Sec. 2.

Subdivision 1.

Background studies conducted by Department of Human Services.

Sec. 3.

Subdivision 1.

Background studies conducted by commissioner.

Sec. 4.

Subd. 4.

Information commissioner reviews.

Sec. 5.

Subdivision 1.

Children eligible for subsidized adoption assistance.

Sec. 6.

new text begin Subd. 14a. new text end

new text begin Licensed child foster parent. new text end

Sec. 7.

Subd. 2.

Placement in foster care.

Sec. 8.

new text begin Subd. 7. new text end

new text begin Background study. new text end

Sec. 9.

Subdivision 1.

General eligibility requirements.

Sec. 10.

Subd. 2.

Agency determinations regarding permanency.

Sec. 11.

Subd. 4.

Background study.

Sec. 12.

Subd. 6.

Exclusions.

Sec. 13.

Subdivision 1.

General eligibility requirements.

Sec. 14.

Subd. 4.

Background study.

Sec. 15.

Subd. 9.

Timing of and requests for reassessments.

Sec. 16.

Subd. 10.

Caregiver requests for reassessments.

Sec. 17.

Subd. 2.

Negotiation of agreement.

Sec. 18.

Subd. 3.

Renegotiation of agreement.

Sec. 19.

Subdivision 1.

Benefits.

Sec. 20.

Subd. 4.

Nonfederal share.

Sec. 21.

Subd. 11.

Financial considerations.

Sec. 22.

Subdivision 1.

Out-of-home placement; plan.

Sec. 23.

Subd. 4.

Custody to relative.

Sec. 24.

260C.611 ADOPTION STUDY REQUIRED.

Sec. 25. new text begin REVISOR'S INSTRUCTION.new text end

Sec. 26. new text begin REPEALER.new text end

ARTICLE 2

OTHER CHILDREN AND FAMILY SERVICES PROVISIONS

Background studies conducted by Department of Human
Services.

Sec. 25. new text begin REVISOR'S INSTRUCTION.
new text end

Sec. 26. new text begin REPEALER.
new text end