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HF3002 (Legislative Session 94 (2025-2026))

Eligibility requirements for foster care benefits after age 18 modified to include children for whom permanent legal and physical custody is transferred to a relative after age ten.

AI Generated Summary

Purpose of the Bill

This bill aims to modify the eligibility requirements for foster care benefits in Minnesota, providing extended support to certain children and young adults who are in or have been in foster care, specifically addressing those who have had legal custody transferred to a relative after turning ten years old.

Main Provisions

  • Expanded Foster Care Benefits: The bill extends foster care benefits and access to medical assistance for individuals up to 26 years who left foster care at 18, 19, or 20 years old and were either in foster care or receiving benefits at that age.
  • Inclusion of Kinship Guardianship: It includes children in kinship placements (i.e., legal custody transferred to a relative) in the definition of children eligible for ongoing foster care benefits.
  • Out-of-Home Placement Plan Requirements: Detailed requirements for out-of-home placement plans are outlined, ensuring these plans account for educational stability, health care, and the specific needs of children over the age of 14.
  • Independent Living Plans: Specifies the goals and components required in independent living plans for children over 14 years, to prepare them for adulthood.
  • Reentry and Continued Support: Allows individuals who have left foster care to reenter or receive support under certain conditions up to age 21.
  • Legal Rights and Support: Children and guardians are notified about their legal rights and access to counsel in the creation and revision of case plans.

Significant Changes to Existing Law

  • Extension of Age Limits: This bill raises the age limit for accessing certain foster care benefits and medical assistance from those under 21 to those under 26.
  • Broadened Eligibility Criteria: It expands the eligibility for foster care benefits to include those whose custody was transferred to a relative after age ten, rather than strictly biological or adoptive family scenarios.
  • Revised Legal Custody Definitions: It adds definitions and provisions for children in kinship care to be treated equivalently to those in direct foster care placements within the legal framework.
  • Mandatory Notification of Continued Benefits: Agencies are required to inform eligible children and their guardians about the availability of continued foster care benefits as they near their 18th birthday.

Relevant Terms

  • Foster care, kinship care, independent living plan, legal custody transfer, permanency planning, medical assistance, eligibility, out-of-home placement, educational stability, family reunification, kinship assistance, guardianship, adulthood transition, Medicaid, Affordable Care Act.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 31, 2025HouseFloorActionIntroduction and first reading, referred toChildren and Families Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Seek federal waiver approval to include youth who were in foster care before January 1, 2023."
      ],
      "removed": [
        ""
      ],
      "summary": "The bill amends eligibility for medical assistance for adults who were in foster care at age 18, 19, or 20 under section 256B.055.",
      "modified": [
        "Extends eligibility for medical assistance for individuals who were in foster care and enrolled in any state's Medicaid program."
      ]
    },
    "citation": "256B.055",
    "subdivision": "subdivision 17"
  },
  {
    "analysis": {
      "added": [
        "Inclusion of mental health providers for children in voluntary foster care for treatment.",
        "Mandatory signing of a placement plan summary by parents or guardians."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill modifies the requirements for out-of-home placement plans under section 260C.212.",
      "modified": [
        "Clarifies the responsibilities of social services in out-of-home placement planning."
      ]
    },
    "citation": "260C.212",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Definition of 'child in foster care' for purposes of section 260C.451."
      ],
      "removed": [
        ""
      ],
      "summary": "The bill revises the notification process for foster care availability up to age 21 under section 260C.451.",
      "modified": [
        "Notifies children and related parties 6 months prior to the child's 18th birthday."
      ]
    },
    "citation": "260C.451",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "This section outlines conditions that determine eligibility to continue in foster care.",
      "modified": [
        "Specifies conditions under which a child may not continue in foster care past age 18."
      ]
    },
    "citation": "260C.451",
    "subdivision": "subdivision 3"
  }
]

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