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256.82 Payments by state.

Subdivision 1. Repealed, 1997 c 203 art 11 s 13

Subd. 2. Foster care maintenance payments. Beginning January 1, 1986, for the purpose of foster care maintenance payments under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 676, the county paying the maintenance costs must be reimbursed for the costs from the federal money available for the purpose. Beginning July 1, 1997, for the purposes of determining a child's eligibility under title IV-E of the Social Security Act, the placing agency shall use AFDC requirements in effect on July 16, 1996.

Subd. 3. Setting foster care standard rates. The commissioner shall annually establish minimum standard maintenance rates for foster care maintenance and difficulty of care payments for all children in foster care.

Subd. 4. Rules. The commissioner shall adopt rules to implement subdivision 3. In developing rules, the commissioner shall take into consideration any existing difficulty of care payment rates so that, to the extent possible, no child for whom a difficulty of care rate is currently established will be adversely affected.

Subd. 5. Difficulty of care assessment pilot project. Notwithstanding any law to the contrary, the commissioner of human services shall conduct a two-year statewide pilot project beginning July 1, 1997, to conduct a difficulty of care assessment process which both assesses an individual child's current functioning and identifies needs in a variety of life situations. The pilot project must take into consideration existing difficulty of care payments so that, to the extent possible, no child for whom a difficulty of care rate is currently established will be adversely affected. The pilot project must include an evaluation and an interim report to the legislature by January 15, 1999.

HIST: (8688-16) 1937 c 438 s 14; 1943 c 619 s 1; 1951 c 229 s 6; 1977 c 423 art 3 s 3; 1979 c 303 art 2 s 1; 1980 c 607 art 2 s 2; 1982 c 553 s 1; 1983 c 312 art 5 s 5; 1Sp1985 c 9 art 2 s 31; 1987 c 235 s 1,2; 1988 c 719 art 8 s 6; 1989 c 277 art 2 s 5; 1Sp1989 c 1 art 16 s 3; 1990 c 568 art 4 s 84; 1991 c 292 art 5 s 23; 1997 c 7 art 5 s 29; 1997 c 85 art 3 s 8; 1997 c 203 art 5 s 11; 1998 c 406 art 1 s 10,37; 1998 c 407 art 9 s 10; 1999 c 159 s 44

* NOTE: Subdivision 1 was also amended by Laws 1997, chapter *203, article 11, section 3, to read as follows:

* "Subdivision 1. Division of costs and payments. *Based upon estimates submitted by the county agency to the state *agency, which shall state the estimated required expenditures *for the succeeding month, upon the direction of the state *agency, payment shall be made monthly in advance by the state to *the counties of all federal funds available for that purpose for *such succeeding month. The state share of the nonfederal *portion of county agency expenditures shall be 100 percent. *Payment to counties under this subdivision is subject to the *provisions of section 256.017. Adjustment of any overestimate *or underestimate made by any county shall be paid upon the *direction of the state agency in any succeeding month."

Official Publication of the State of Minnesota
Revisor of Statutes