Medical assistance allowed to be paid for any person receiving foster care benefits past 18 years of age, terminology and definitions modified, and eligibility criteria and requirements related to extended foster care modified.

A bill for an act

relating to children, youth, and families; allowing medical assistance to be paid

for any person receiving foster care benefits past 18 years of age; modifying

terminology and definitions; modifying eligibility criteria and requirements related

to extended foster care; amending Minnesota Statutes 2024, sections 256B.055,

subdivision 17; 260C.451, subdivisions 1, 2, 3, 3a, 6, by adding a subdivision;

260C.452, subdivision 1; Minnesota Statutes 2025 Supplement, section 260C.451,

subdivision 8.

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

Section 1.

Minnesota Statutes 2024, section 256B.055, subdivision 17, is amended to read:

Subd. 17.

Adults who were in foster care at the age of 18, 19, or 20.

(a) Medical

assistance may be paid for a person under 26 years of age who was in foster care under the

commissioner's responsibility on the date of attaining 18, 19, or 20 years of age
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,
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or receiving

foster care benefits past 18 years of age under section 260C.451
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and who was enrolled in

medical assistance under the state plan or a waiver of the plan while in foster care, in

accordance with section 2004 of the Affordable Care Act.

(b) Medical assistance may be paid for a person under 26 years of age who was in foster

care and enrolled in any state's Medicaid program as provided by Public Law 115-271,

section 1002.

(c) The commissioner shall seek federal waiver approval under United States Code, title

42, section 1315, to include youth who were in a state's foster care program and who turned

age 18 prior to January 1, 2023, without regard to potential eligibility under a Medicaid

mandatory group.

Sec. 2.

Minnesota Statutes 2024, section 260C.451, subdivision 1, is amended to read:

Subdivision 1.

Notification.

Six months prior to the child's 18th birthday, the responsible

social services agency shall provide written notice on a form prescribed by the commissioner

of children, youth, and families to any child in foster care under this chapter who cannot

reasonably be expected to return home or
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have another legally permanent family
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be adopted
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by the age of 18, the child's parents or legal guardian, if any, the child's guardian ad litem,

and the child's foster parents of the availability of foster care up to age 21, when the child

is eligible under subdivisions 3 and 3a.

Sec. 3.

Minnesota Statutes 2024, section 260C.451, is amended by adding a subdivision

to read:

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Subd. 1a.

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Definition.

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For purposes of this section, "child in foster care" means a child

in foster care, as defined under section 260C.007, subdivision 18, or a child for whom

permanent legal and physical custody is transferred to a relative under section 260C.515,

subdivision 4, after the child is ten years of age.

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Sec. 4.

Minnesota Statutes 2024, section 260C.451, subdivision 2, is amended to read:

Subd. 2.

Independent living plan.

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Upon the request of

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(a) For any child in foster care

who is 14 years of age or older, the responsible social services agency must, in conjunction

with the child and other appropriate parties, develop and update the child's independent

living plan required under section 260C.212, subdivision 1, paragraph (c), clause (12).

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(b) For
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any child in foster care immediately prior to the child's 18th birthday
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and who

is in foster care at the time of the request
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, the responsible social services agency shall, in

conjunction with the child and other appropriate parties, update the
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child's
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independent

living plan required under section
260C.212
, subdivision 1, paragraph (c), clause (12),

related to the child's employment, vocational, educational, social, or maturational needs
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and

submit it to the court as part of the required review under section 260C.202, subdivision 3
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.

The agency shall provide continued services and foster care for the child including those

services that are necessary to implement the independent living plan.

Sec. 5.

Minnesota Statutes 2024, section 260C.451, subdivision 3, is amended to read:

Subd. 3.

Eligibility to continue in foster care.

A child in foster care immediately prior

to the child's 18th birthday may continue in foster care past age 18 unless:

(1) the child can safely return home;
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or
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(2) the child is in placement pursuant to the agency's duties under section
256B.092
and

Minnesota Rules, parts
9525.0004
to
9525.0016
, to meet the child's needs due to a

developmental disability or related condition, and the child will be served as an adult under

section
256B.092
and Minnesota Rules, parts
9525.0004
to
9525.0016
; or

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(3)
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(2)
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the child can be adopted or have permanent legal and physical custody transferred

to a relative prior to the child's 18th birthday.

Sec. 6.

Minnesota Statutes 2024, section 260C.451, subdivision 3a, is amended to read:

Subd. 3a.

Eligibility criteria.

The child must meet at least one of the following conditions

to be considered eligible to continue in or return to foster care and remain there to age 21.

The child must be:

(1) completing secondary education or a program leading to an equivalent credential
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,

including transition programs through a public or private school
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;

(2) enrolled in an institution that provides postsecondary or vocational education;

(3) participating in a program or activity designed to promote or remove barriers to

employment;

(4) employed for at least 80 hours per month; or

(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical

condition.

Sec. 7.

Minnesota Statutes 2024, section 260C.451, subdivision 6, is amended to read:

Subd. 6.

Reentering foster care and accessing services after 18 years of age and up

to 21 years of age.

(a) Upon request of an individual who had been under the guardianship

of the commissioner and who has left foster care without being adopted, the responsible

social services agency which had been the commissioner's agent for purposes of the

guardianship shall develop with the individual a plan to increase the individual's ability to

live safely and independently using the plan requirements of section
260C.212, subdivision

1
, paragraph (c), clause (12), and to assist the individual to meet one or more of the eligibility

criteria in subdivision 4 if the individual wants to reenter foster care. The responsible social

services agency shall provide foster care as required to implement the plan. The responsible

social services agency shall enter into a voluntary placement agreement under section

260C.229
with the individual if the plan includes foster care.

(b) Individuals who had not been under the guardianship of the commissioner of children,

youth, and families prior to 18 years of age may ask to reenter foster care after age 18 and

the responsible social services agency that had responsibility for planning for the individual

before discharge from foster care shall provide foster care or other services to the individual

for the purpose of increasing the individual's ability to live safely and independently and to

meet the eligibility criteria in subdivision 3a, if the individual:

(1) was in foster care for the six consecutive months prior to the person's 18th birthday,

or left foster care within six months prior to the person's 18th birthday, and was not

discharged home
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,
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or
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adopted
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, or received into a relative's home under a transfer of permanent

legal and physical custody under section
260C.515, subdivision 4
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; or

(2) was discharged from foster care while on runaway status after age 15.

(c) In conjunction with a qualifying and eligible individual under paragraph (b) and

other appropriate persons, the responsible social services agency shall develop a specific

plan related to that individual's vocational, educational, social, or maturational needs and

provide foster care as required to implement the plan. The responsible social services agency

shall enter into a voluntary placement agreement with the individual if the plan includes

foster care.

(d) A child who left foster care while under guardianship of the commissioner of children,

youth, and families retains eligibility for foster care for placement at any time prior to 21

years of age.

Sec. 8.

Minnesota Statutes 2025 Supplement, section 260C.451, subdivision 8, is amended

to read:

Subd. 8.

Notice of termination of foster care.

When a child in foster care between the

ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the

responsible social services agency shall give the child written notice that foster care will

terminate 30 days from the date the notice is sent.
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The agency must send a copy of the

written notice to the commissioner of children, youth, and families.
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The child or the child's

guardian ad litem may file a motion asking the court to review the agency's determination

within 15 days of receiving the notice. The child shall not be discharged from foster care

until the motion is heard. The agency shall
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work
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engage
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with the child to
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develop a
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transition
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out of foster care
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plan
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as required under
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section 260C.452, subdivision 4, paragraph (d),

that addresses the goals listed in
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section
260C.203
, subdivision 4, clause (2). The written

notice of termination of benefits shall be on a form prescribed by the commissioner and

shall also give notice of the right to have the agency's determination reviewed by the court

in the proceeding where the court conducts the reviews required under section
260C.203
,

260C.317
, or
260C.515
, subdivision 5 or 6. A copy of the termination notice shall be sent

to the child
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and
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;
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the child's attorney, if any
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,
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;
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the foster care provider
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,
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;
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the child's guardian

ad litem
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,
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; the commissioner of children, youth, and families;
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and the court. The agency is

not responsible for paying foster care benefits for any period of time after the child actually

leaves foster care.

Sec. 9.

Minnesota Statutes 2024, section 260C.452, subdivision 1, is amended to read:

Subdivision 1.

Scope; purpose.

(a) For purposes of this section, "youth" means a person

who is at least 14 years of age and under 23 years of age.

(b) This section pertains to a youth who:

(1) is in foster care and is 14 years of age or older, including a youth who is under the

guardianship of the commissioner of children, youth, and families;

(2) has a permanency disposition of permanent custody to the agency;

(3) will leave foster care when the youth is 18 years of age or older and under 21 years

of age;

(4) has left foster care due to adoption when the youth was 16 years of age or older;

(5) has left foster care due to a transfer of permanent legal and physical custody to a

relative, or Tribal equivalent,
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when
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after
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the youth was
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16
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ten
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years of age
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or older
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; or

(6) was reunified with the youth's primary caretaker when the youth was 14 years of age

or older and under 18 years of age.

(c) The purpose of this section is to provide support to each youth who is transitioning

to adulthood by providing services to the youth in the areas of:

(1) education;

(2) employment;

(3) daily living skills such as financial literacy training and driving instruction, preventive

health activities including promoting abstinence from substance use and smoking, and

nutrition education and pregnancy prevention;

(4) forming meaningful, permanent connections with caring adults;

(5) engaging in age-appropriate and developmentally appropriate activities under section

260C.212, subdivision 14
, and positive youth development;

(6) financial, housing, counseling, and other services to assist a youth over 18 years of

age in achieving self-sufficiency and accepting personal responsibility for the transition

from adolescence to adulthood; and

(7) making vouchers available for education and training.

(d) The responsible social services agency may provide support and case management

services to a youth as defined in paragraph (a) until the youth reaches 23 years of age.

According to section
260C.451
, a youth's placement in a foster care setting will end when

the youth reaches 21 years of age.