Out-of-home placement plan requirements modified to include early childhood education and child care programs, and agencies and guardians ad litem required to provide information on early childhood education and child care programs for children in foster care.

A bill for an act

relating to children, youth, and families; modifying out-of-home placement plan

requirements to include early childhood education and child care programs;

requiring agencies and guardians ad litem to provide information on early childhood

education and child care programs for children in foster care; amending Minnesota

Statutes 2024, section 260C.212, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, 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 individualized to the

needs of the child and the child's parents or guardians that is prepared by the responsible

social services agency jointly with the child's parents or guardians 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, when appropriate, the child. When

a child is age 14 or older, the child may include two other individuals on the team preparing

the child's out-of-home placement plan. The child may select one member of the case

planning team to be designated as the child's advisor and to advocate with respect to the

application of the reasonable and prudent parenting standards. The responsible social services

agency may reject an individual selected by the child if the agency has good cause to believe

that the individual would not act in the best interest of 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. For a child 18

years of age or older, the responsible social services agency shall involve the child and the

child's parents as appropriate. 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 by the responsible social services

agency to all persons involved in the plan's 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 that is in close proximity to the home of

the child's parents or guardians 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 that necessitated removal of the child from home and the changes the

parent or parents must make 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 26b or 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) when a child cannot return to or be in the care of either parent, documentation of

steps to finalize adoption as the permanency plan for the child through reasonable efforts

to place the child for adoption pursuant to section
260C.605
. At a minimum, the

documentation must include consideration of whether adoption is in the best interests of

the child and child-specific recruitment efforts such as a relative search, consideration of

relatives for adoptive placement, 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);

(7) when a child cannot return to or be in the care of either parent, documentation of

steps to finalize the transfer of permanent legal and physical custody to a relative as the

permanency plan for the child. This documentation must support the requirements of the

kinship placement agreement under section
142A.605
and must include the reasonable

efforts used to determine that it is not appropriate for the child to return home or be adopted,

and reasons why permanent placement with a relative through a Northstar kinship assistance

arrangement is in the child's best interest; how the child meets the eligibility requirements

for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's

relative foster parent and reasons why the relative foster parent chose not to pursue adoption,

if applicable; and agency efforts to discuss with the child's parent or parents the permanent

transfer of permanent legal and physical custody or the reasons why these efforts were not

made;

(8) efforts to ensure the child's educational stability while in foster care for a child
deleted text begin
who

attained the minimum age for
deleted text end
new text begin
subject to
new text end
compulsory school attendance under
deleted text begin
state law
deleted text end
new text begin

section 120A.22
new text end
and is enrolled full time in elementary or secondary school, or instructed

in elementary or secondary education at home, or instructed in an independent study

elementary or secondary program, or incapable of attending school on a full-time basis due

to a medical condition that is documented and supported by regularly updated information

in the child's case plan. Educational stability efforts include:

(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

and attendance; 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;

new text begin

(9) for a child not yet subject to compulsory school attendance under section 120A.22,

efforts to ensure the child's educational stability while in foster care if the child is enrolled

in an early childhood education or child care program. If enrollment in an early childhood

education or child care program is not feasible or not in the child's best interest, the

out-of-home placement plan must state specific reasons for discontinuing the child's

enrollment in the same program or not seeking enrollment in a similar program. Early

childhood education or child care stability efforts include:

new text end

new text begin

(i) efforts to ensure that the child remains in the same program in which the child was

enrolled prior to placement or upon the child's move from one placement to another, if in

the child's best interest, including efforts to work with the program to ensure the child's

educational stability and attendance; or

new text end

new text begin

(ii) if it is not feasible or not in the child's best interest for the child to remain in the same

program that the child was enrolled in prior to placement or to a move from one placement

to another, efforts to ensure enrollment for the child in a similar program;

new text end

deleted text begin

(9)
deleted text end
new text begin
(10)
new text end
the educational
new text begin
, child care, or early childhood education program
new text end
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
new text begin
, if applicable
new text end
;

(iii) the child's school
new text begin
or program
new text end
record;

(iv) a statement about how the child's placement in foster care takes into account

proximity to the school
new text begin
or program
new text end
in which the child is enrolled at the time of placement;

and

(v) any other relevant educational information;

deleted text begin

(10)
deleted text end
new text begin
(11)
new text end
the efforts by the responsible social services 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, shall be monitored and treated while the child is in foster care;

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

deleted text begin

(11)
deleted text end
new text begin
(12)
new text end
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;

deleted text begin

(12)
deleted text end
new text begin
(13)
new text end
an independent living plan for a child 14 years of age or older, developed in

consultation with the child. The child may select one member of the case planning team to

be designated as the child's advisor and to advocate with respect to the application of the

reasonable and prudent parenting standards in subdivision 14. 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 responsible social services

agency to ensure that the child annually receives, at no cost to the child, 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;

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

and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate

activities typical for the child's age group, taking into consideration the capacities of the

individual child;

deleted text begin

(13)
deleted text end
new text begin
(14)
new text end
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;

deleted text begin

(14)
deleted text end
new text begin
(15)
new text end
for a child 14 years of age or older, a signed acknowledgment that describes

the child's rights regarding education, health care, visitation, safety and protection from

exploitation, and court participation; receipt of the documents identified in section
260C.452
;

and receipt of an annual credit report. The acknowledgment shall state that the rights were

explained in an age-appropriate manner to the child; and

deleted text begin

(15)
deleted text end
new text begin
(16)
new text end
for a child placed in a qualified residential treatment program, the plan must

include the requirements in section
260C.708
.

(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.

(e) Before an out-of-home placement plan is signed by the parent or parents or guardian

of the child, the responsible social services agency must provide the parent or parents or

guardian with a one- to two-page summary of the plan using a form developed by the

commissioner. The out-of-home placement plan summary must clearly summarize the plan's

contents under paragraph (c) and list the requirements and responsibilities for the parent or

parents or guardian using plain language. The summary must be updated and provided to

the parent or parents or guardian when the out-of-home placement plan is updated under

subdivision 1a.

(f) 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.

(g) Upon the child's discharge from foster care, the responsible social services agency

must provide the child's parent, adoptive parent, or permanent legal and physical custodian,

and the child, if the child is 14 years of age or older, with a current copy of the child's health

and education record. If a child meets the conditions in subdivision 15, paragraph (b), the

agency must also provide the child with the child's social and medical history. The responsible

social services agency may give a copy of the child's health and education record and social

and medical history to a child who is younger than 14 years of age, if it is appropriate and

if subdivision 15, paragraph (b), applies.

Sec. 2.

Minnesota Statutes 2024, section 260C.212, is amended by adding a subdivision

to read:

new text begin

Subd. 14a.

new text end

new text begin

Information on early childhood education and child care for children

in foster care.

new text end

new text begin

For a child not yet subject to compulsory school attendance under section

120A.22, the responsible social services agency; licensed child-placing agency, if applicable;

and the child's guardian ad litem must provide information to the foster parent about:

new text end

new text begin

(1) early childhood education and child care program options in the foster parent's

geographic area;

new text end

new text begin

(2) the Northstar foster care benefits child care allowance;

new text end

new text begin

(3) eligibility requirements for the child care assistance program and early learning

scholarships; and

new text end

new text begin

(4) application processes for the child care assistance program and early learning

scholarships.

new text end