2010 LEGISLATIVE UPDATE

Ann Ahlstromfor

Minnesota Child Welfare Training System

Handouts

• SF 2855 is chapter 287 – DHS child welfare policy

• SF 2690 is chapter 269– Child advocates bill– duplicates some DHS provisions

• HF 3391 is chapter 281–MCAA

Chapter 287

• Modifications to licensing of child foster care

• Donated funds – match to permit IV-E partnership with universities to support IV-E scholar program

• Limitation on increase to foster care rates

Chapter 287

• Provisions related to individuals in foster care after age 18 and to age 21:– Definition of child– Expanded jurisdiction of court– Annual review requirements– Eligibility to stay in foster care

• Deletion of reporting of chemical use assessment to state authority under 626.556

Chapter 269• Driver’s license provisions regarding

children in foster care• Additional information from DHS on

background studies• Limitations on use of child’s

income/assets for cost of care• Clarifying provision that children under the

guardianship of commissioner can come back into care anytime between 18 – 21

Chapter 269

• Child appearing in court:– Consultation during permanency hearings– Child has right to attend any hearing– Annual review of children ordered into

long-term foster care

• Conditions for retaining jurisdiction to age 21 for children under the guardianship of the commissioner

Chapter 269

• Changes to definition of parent in 260C

• Clarifications to duties of agency when there is a “hit” on FAR, but the putative father registered after 30 days

• Parent with a legal relationship has right to be heard

Chapter 281

• New CHIPS definition

• Limitation to party status of relatives in transfer of permanent legal and physical custody

• Clarification that a child who has runaway may be transported to a shelter

Revisor’s formatting:

Not covering:

• Purely technical changes, like changes to cross-references

• Any repealer

• Items which are duplicates

Chapter 287 (SF 2855), Article 3, Section 1

Page 18, line 18:

• Extends the provisions of child foster care licensing to cover individuals age 18 to 21 who are eligible to stay or re-enter foster care

Section 1, continued:

• Five characteristics of persons who can be in FC past age 18:

1. Completing secondary education or equivalent;

2. Enrolled in postsecondary or vocational education;

3. Participating in program/activity to promote or remove barriers to employment;

4. Employed at least 80 hours per month;

5. Incapable of any of the above due to medical condition

Section 2

Page 18, line 33:

• permits donations that further the state – university partnership supporting Title IV-E scholars at the baccalaureate and masters level

Section 3

Page 19, line 11:

• Limits increases in future foster care rates to 3%

Section 4

Page 19, line 33

• Technical change in cross-reference

Section 5

Page 23, line 4

• Expands the definition of child under Minn. Stat. § 260C to include individuals who are in foster care past age 18

• This has the effect of extending appropriate provisions and requirements of 260C to apply to individuals in foster care past age 18

Section 6

Page 23, line 8:

• Extends court jurisdiction under Minn. Stat. 260C to a child in foster care between the ages of 18 and 21

• Prohibits termination of jurisdiction over a child in foster care between the ages of 18 and 21 without notice to the child and an opportunity to be heard

Section 6, continued:

• Sets standard for terminating jurisdiction as “no longer necessary to protection the child’s best interests”

• Limits jurisdiction for any child not in foster care to age 18

Section 7

Page 24, line 13

• Requires annual review of children in foster care past age 18 according to existing requirements

Section 8

Page 25, line 23

• Corrects a cross-reference – but it is wrong, s/b 260C.451 and rule is deleted

• Page 25, line 28

• Court “findings” requirement reduced to what is consistent with the IL plan

Section 9

Page 26, line 31

• Requires agencies to “advise” child, child’s parents, and foster parents of availability of foster care benefits to age 21

• “Advise” is not prescribed, but agency must document it for the court

• current SSIS form #130

Section 9, continued

Page 27, line 3

• Child has to be in foster care immediately prior to 18th birthday

• Child entitled to IL planning services and foster care if:

Section 9, continued

Page 27, line 14:

• Five characteristics of persons who can be in FC past age 18:

1. Completing secondary education or equivalent;

2. Enrolled in postsecondary or vocational education;

3. Participating in program/activity to promote or remove barriers to employment;

4. Employed at least 80 hours per month;

5. Incapable of any of the above due to medical condition

Section 9, continued

Page 27, line 21

• Foster care benefits expanded to include payment for a supervised independent living setting

• Choice of foster care continues to be governed by requirements for relatives and meeting the child’s needs

• Monthly visit requirement applies

Section 9, continued

Page 27, line 30• Permits individuals who had been under

the guardianship of the commissioner to ask the responsible social services agency for assistance and that can include:– IL planning and– Foster care– Authority for “re-entry” is a voluntary

placement agreement with the youth

Section 9, continued

• Page 28, line 3

• Individuals who continue in foster care past age 18 are adults for all purposes except foster care;

• Orders for guardianship and legal custody for those turning 18, but remaining under court jurisdiction should be terminated;

• Note, it is the guardianship or LC that terminates, not jurisdiction

JOE:

• Joe, age 17 ¾, has received notice from ABC County that he can continue in foster care; Joe leaves foster care a week after getting notice. Things don’t go so well and Joe decides he wants to return to care 4 days after his 18th birthday.

• Does Joe have the “right” to return to care?

BARB

• Barb, age 17 ¾, is in foster care under Chapter 260D due to her serious emotional disturbance. Both she and her parents agree that she needs to continue her treatment in foster care for at least another year.

• Does Barb have the “right” to continue in foster care?

AUSTIN

• Austin is in a Title IV-E facility under delinquency jurisdiction. He will turn 18 in 3 months and the treatment program will end a month after that.

• Does Austin have the right to continue in foster care past his 18th birthday?

• If yes, what, if anything needs to happen to secure this right?

SHIFT GEARS

Chapter 2699 (SF 2690), Section 1Page 2, line 5

• Gives permission to a foster parent or director of a transitional living program to approve a child’s application for a DL

Section 2

Page 4, line 8

• Gives permission to a foster parent or director of a transitional living program to approve application for a driving instruction permit

Section 3

Page 4, line 34

• Gives permission to a foster parent or director of a transitional living program to approve application for a provisional DL

Article 2, Section 1

Page 5, line 30

• Adds to the information provided by the commissioner to counties or private agencies conducting background studies:– Notice that there is disqualifying conviction

under federal law– Date of all adoption background studies since

6-30-07 and the agency that initiated the study

Section 2

Page 6, line 26

• limits county’s ability to use child’s (18 - 21) income/resources for cost of care to:– SSI– child support

• when income/resources are needed to complete goals on following slides:

Section 2, continued(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;

Section 2, continued(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 damage deposit;

(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.

Section 3

• Clarifies that an individual who had been under the guardianship of the commissioner can come back into care any time between ages 18 and 21

Article 3

• Section 1: same as DHS amendment to definition of “child” (p. 8)

• Section 2: clarifies court’s duty of age appropriate consultation with the child during hearings (p.8)

• Sections 3 and 6, 7, 8– Clarify right of child to be present at

hearings and for the court to conduct “in-court” reviews

Sections 4, 5, 9

• Same provisions as DHS foster care to age 21 provisions

Shift Gears

Chapter 269 (SF 2690) Article 4: Fathers and Noncustodial Parents

Page 22, line 30

• Section 1 tweaks cross references to parentage act and further defines “legally recognized parent and child relationship”

Section 1, continued

• Page 23, line 8

• Legally recognized father means:

• Married father unless there is a “reverse” paternity action

• Living with child, holding child out as own and signed ROP

• Acknowledgement of paternity + court adjudication

Section 1, continued• ROP + court adjudication when– Competing presumption– Another ROP– One parent under 18

• Positive genetic test plus ROP• Biological parent of an Indian child, adoption

under tribal law/custom– Except unmarried father whose paternity has not

been acknowledged or established

• Proof of adoption

Section 2

Page 24, line 19

• Modification to agency’s duty to identify both parents of the child:

• MAY contact a putative father who registered late with the FAR when filing a CHIPS

• Putative father must cooperate with paternity establishment proceedings

• Does not extend “right” to notice• Does not extend right to assert interest in child

in TPR proceedings

Section 3

Page 25, line 7

• Grants right to be heard to any parent with a legally recognized parent and child relationship

Section 4

Page 25, line 4

• Permits the court to exercise discretion in ordering visitation plan to be developed when parent has had not or only limited contact with child while assessment of ability to provide day-to-day for the child is conducted

Chapter 281, Section 1

Page 2, line 35

• Adds new CHIPS definition

• Parent with previous involuntary TPR or transfer of custody to a relative when agency is documenting a compelling reason not to TPR

Section 2

Page 3, line 17

• Clarifies the point in time a proposed relative custodian becomes a party to a 260C action (permanency proceeding); and

• limits the relative’s interests to suitability of the relative, the needs of the child, and whether transfer is in the child’s best interests

Section 3

Page 4, line 2

• Clarifies that “safe place” to transport a runaway includes a shelter care facility

Questions

• Ann’s contact information:

• 651-297-1114

• ann.ahlstrom@courts.state.mn.us