HF3665

Purpose

To modify how out-of-home placement plans for children in foster care are created and managed, by including requirements and information about early childhood education and child care programs. The bill aims to improve educational stability and access to early learning opportunities for children in foster care, and to ensure guardians ad litem and agencies provide families with information about available programs and benefits.

Main Provisions

• Out-of-home placement plan requirements (Section 1)

  • Plan must be prepared within 30 days after a child is placed in foster care.
  • The plan is a written, individualized document created by the responsible social services agency with input from the child’s parents/guardians, and in consultation with the child’s guardian ad litem, tribe (if Indian child), foster care facility/foster parent, and, when appropriate, the child.
  • For children age 14 or older, the plan team may include two additional individuals; the child may designate one advisor to advocate for the child’s interests and reasonable and prudent parenting standards, with agency approval required if the chosen person could harm the child’s best interests.
  • For voluntary foster care or treatment under chapter 260D, the plan must include the child’s mental health treatment provider.
  • For children 18 or older, the agency must involve the child and, as appropriate, the child’s parents.
  • The plan may be submitted to the court for approval and, if approved, signed by relevant parties (parents/guardian, guardian ad litem, tribal rep, agency, and, if possible, the child).
  • The plan must be explained to all involved and include:
  • Description of the foster care placement and how it supports a safe, least-restrictive, familylike setting near the child’s home for reunification, aligned with the child’s best interests and needs.
  • Specific reasons for removal and changes needed in the home to safely return the child.
  • Services offered to prevent removal and to reunify, including specific actions by parents to address identified problems, and the timeframe for these actions.
  • Details of reasonable efforts or active efforts (for Indian children) to achieve a safe, stable home, plus services for the child, parent/guardian, and facility during placement.
  • Any requested services or resources and whether they were provided, with reasons if not.
  • A visitation plan with the child’s parents/guardians, other relatives, and siblings when appropriate, and whether visitation supports the child’s best interests.
  • Documentation of steps to finalize adoption (if that is the permanency plan) with consideration of best interests, relative search, kinship placement, and use of adoption exchanges; and, where applicable, steps to transfer permanent custody to a relative (including kinship arrangements and eligibility for Northstar kinship assistance).
  • Educational stability measures, including keeping the child in the same school or enrolling promptly in a new one, plus working with local education authorities to maintain stability when in care, and applying these considerations to early childhood education or child care programs as applicable.
  • Documentation of services and resources requested by the child/parents and whether those were provided.
  • An explicit plan for health care, including health screens, known medical problems, coordination of care, prescription management, and access to medical coverage.
  • An independent living plan for youths 14 or older, with an advisor from the case planning team to help apply reasonable and prudent parenting standards, including goals for education, health care, transportation, money management, housing, social skills, and maintaining family/community connections.
  • For children in voluntary foster care for treatment under chapter 260D, diagnostic and assessment information and services related to mental health care as needed.
  • A rights acknowledgement for youths 14 or older describing education, health care, visitation, safety, protection from exploitation, court participation, and access to annual credit reports, including that rights were explained in an age-appropriate way.
  • Rights related to legal counsel and court involvement
  • Parents/guardians and the child have the right to legal counsel in preparing the case plan, and the child has the right to a guardian ad litem.
  • If unable to afford counsel, the court may appoint it on request.
  • Plan summary and dissemination
  • Before signing, agencies must give a two-page plain-language summary of the plan to the parent/guardian, and update this summary if the plan is updated.
  • After the plan is agreed or ordered by the court, foster parents must receive full information about the plan and a copy.
  • Discharge procedures
  • Upon discharge from foster care, the agency must provide the child’s parent/adoptive parent or permanent custodian, and the child (if 14+) with a current copy of health and education records, and health history if applicable.

• Information on early childhood education and child care (Section 2)

  • For children not yet subject to compulsory school attendance, the agency, licensed child-placing agency (if applicable), and guardian ad litem must provide foster parents with:
  • Information about early childhood education and child care program options in the foster parent’s area.
  • The Northstar foster care benefits child care allowance.
  • Eligibility requirements for the child care assistance program and early learning scholarships, plus application processes.

Significant Changes to Existing Law

• Adds a new subdivision to Minnesota Statutes 2024 section 260C.212 (Subd. 14a) to require information on early childhood education and child care programs for children in foster care, including program options, benefits, and how to apply.
• Expands the out-of-home placement plan to explicitly cover early childhood education/child care stability provisions and to require detailed information sharing with foster families about educational stability and related resources.
• Strengthens the role of guardians ad litem and the child’s input in planning, including the ability for the child to designate an advisor and the use of reasonable and prudent parenting standards.
• Enhances focus on educational stability and continuity, including for early childhood education or child care programs, and clarifies responsibilities for health care coordination and permanency planning (adoption or relative placement) with kinship considerations.

Implementation & Oversight

• Court involvement remains, with potential court approval of the plan and required reporting to the court.
• Guardians ad litem, foster parents, and relative/kinspeople are equipped to participate more fully in planning and information sharing.
• The plan requires ongoing documentation of services, steps to permanency, and educational and health-related records to be maintained and shared as appropriate.

Effects on Education & Early Childhood Education

• Creates a formal obligation to support educational stability, including maintaining continuity with schools or enrolling in a suitable new program when placement changes occur.
• Directly requires providing information about early childhood education and child care options, benefits, and application processes to foster families, aiming to improve access to early learning opportunities for children in foster care.

Relevant terminology and concepts included in this summary: - out-of-home placement plan - foster care - guardian ad litem - reasonable and prudent parenting standards - familylike setting - reunification - adoption and permanency planning - kinship placement and Northstar kinship assistance - educational stability and school placement - early childhood education (ECE) - child care programs and scholarships - child care allowance (Northstar foster care benefits) - health care coordination and records - independent living plan - rights of youth in foster care (education, health care, visitation, safety, court participation) - court review and approval

Relevant Terms - out-of-home placement plan - foster care - guardian ad litem - early childhood education - child care - educational stability - Northstar kinship assistance - Northstar foster care benefits - child care allowance - early learning scholarships - reasonable and prudent parenting standards - permanency planning - adoption - kinship placement - placement proximity - health care coordination - health records - independent living plan - court involvement