SF3970
Eligibility requirements for foster care benefits after age 18 to include children for whom permanent legal and physical custody is transferred to a relative after age ten modification
Legislative Session 94 (2025-2026)
Related bill: HF3002
AI Generated Summary
Purpose
This bill aims to improve supports for youth in foster care as they transition to adulthood, with a focus on those who later have permanent custody transferred to a relative after age ten. It expands and clarifies who remains in or can re-enter foster care, strengthens planning and educational/health stability, and creates broader post-18 supports (including up to age 21 or 23 in some cases) through a formal out-of-home placement plan and independent living planning.
Main provisions and goals
- Extend access to foster care benefits and related supports beyond age 18 for certain youth.
- Medical assistance (Medicaid) coverage may be continued up to age 26 for former foster youth who were in foster care at ages 18, 19, or 20 and who were enrolled in Medicaid while in foster care.
- The state may seek federal waivers to include youth who turned 18 before January 1, 2023, even if they wouldn’t be eligible under some Medicaid groups, ensuring continued coverage.
- Define who counts as a “child in foster care” for this program.
- Adds a definition for a child in foster care who has permanent legal and physical custody transferred to a relative after age ten.
- Strengthen planning and decision-making for foster care placements.
- Out-of-home placement plans must be created within 30 days of placement and involve the child, parents, guardian ad litem, tribe (if the child is an American Indian child), the foster parents, and others as appropriate.
- For ages 14 and older, the child can add two other team members, choose an advisor, and designate one member to advocate on the child’s behalf.
- Plans must cover safety, best interests, services to prevent removal or reunify, regular visitation, and steps toward adoption or permanent custody decisions when relevant.
- Plans must explain placement choices, educational stability, health care, and how permanence (adoption or transfer of custody to a relative) will be pursued.
- Promote permanency and kinship care supports.
- The plan must document steps to finalize the transfer of permanent legal and physical custody to a relative (kinship) and discuss the related Northstar Kinship Assistance program, including reasons for not pursuing adoption if applicable.
- Require agency efforts to discuss adoption with the relative and the child’s parent(s) and to document those discussions.
- Education, health, and independent living supports.
- Ensure educational stability by keeping youth in their current school when possible and detailing steps for immediate enrollment if a move is necessary.
- Require documentation of educational records (schools, grades, attendance, proximity to current school) and health records (providers, immunizations, medical problems, medications, and coverage).
- Create an independent living plan for youth age 14 and older, addressing education, health care, transportation, money management, housing, social skills, and connections to family/community; the youth may designate an advisor.
- Allow independent living planning and case management through age 23 for certain youths.
- Notify and inform families about extended options.
- Six months before a youth’s 18th birthday, the agency must notify the youth, the parents/guardians, and foster parents about the availability of foster care up to age 21 (when eligible under specified subdivisions).
- Reentry and ongoing services after age 18.
- Establish processes for youth who want to re-enter foster care after age 18 to 21 (and up to 23 for case management), including voluntary placement agreements and individualized plans to help the youth live safely and independently.
- Require the agency to provide foster care or related services to eligible youths who left care after meeting certain criteria (such as months in care) to support vocational, educational, and independent living goals.
Significant changes to existing law
- Expanded eligibility window for foster care-related supports beyond 18, up to 21 (and up to 23 for certain case management) for youths who meet conditions (notably those whose custody was transferred to a relative after age ten).
- New or expanded duties around out-of-home placement planning, including youth involvement, choice of advisors, and explicit provisions for kinship placement and Northstar Kinship Assistance.
- New or clarified requirements for educational stability, health care continuity, and provision of health and education records to youth and families.
- New framework for reentry into foster care after age 18, with voluntary placement options and targeted plan development.
How this would operate in practice (high-level)
- For youths who aged out of foster care, the state would assess eligibility for extended medical coverage and continued foster care supports up to age 21 or 23 in certain cases.
- When a child is placed in foster care, an out-of-home placement plan would be created quickly and revised with input from the child and family, including an advisor and guardian ad litem as appropriate.
- For youths with permanent custody transferred to a relative after age ten, plans would emphasize kinship permanence, adoption discussions if relevant, and specific steps toward permanency and educational/health stability.
- Youths would receive an independent living plan starting at age 14, detailing goals in education, health, housing, finances, and community connections, with ongoing case management through age 23 in many cases.
- Agencies would provide timely notices about extended eligibility, maintain comprehensive health and educational records, and support transitions between placements with an eye toward stability and permanency.
Relevant terms - foster care - permanent legal and physical custody - relative (kinship placement) - Northstar kinship assistance - out-of-home placement plan - guardian ad litem - reasonable and prudent parenting standards - independent living plan - educational stability - health care / medical assistance (Medicaid) - six months’ notice before 18th birthday - reentry into foster care - voluntary placement agreement - case plan - permanency planning (adoption, transfer of custody) - tribal involvement / American Indian child (tribe) - guardianship (as applicable to the state’s system)
Bill text versions
- Introduction PDF PDF file
Past committee meetings
- Health and Human Services on: March 17, 2026 08:30
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 26, 2026 | Senate | Action | Introduction and first reading | ||
| February 26, 2026 | Senate | Action | Referred to | Health and Human Services |
Citations
[
{
"analysis": {
"added": [
"Medical assistance may be paid for a person under 26 who was in foster care and who was enrolled in MA under the state plan or a waiver while in foster care, consistent with ACA and Medicaid provisions.",
"Authority for the commissioner to seek federal waiver approval under 42 U.S.C. § 1315 to include youth who turned 18 before January 1, 2023, regardless of potential eligibility under a Medicaid mandatory group."
],
"removed": [],
"summary": "Amends Minnesota Statutes 2024, section 256B.055, subdivision 17 to extend medical assistance eligibility for adults who were in foster care after age 18, up to age 25 (under 26), and to include those who were in foster care and enrolled in other states’ Medicaid programs.",
"modified": []
},
"citation": "256B.055",
"subdivision": "subdivision 17"
},
{
"analysis": {
"added": [
"Requirement that an out-of-home placement plan be prepared within 30 days after placement."
],
"removed": [],
"summary": "This section governs the out-of-home placement plan for foster children, detailing who creates it and when.",
"modified": [
"Expanded planning team composition to include the child’s guardian ad litem, the child’s tribe if an Indian child, the child’s foster care provider, and, when appropriate, the child; allows the child to designate an advisor and specify eligibility of an additional team member."
]
},
"citation": "260C.212",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Six months’ prior written notice to the child in foster care, and to specified parties, about foster care up to age 21 when eligible under certain subdivisions."
],
"removed": [],
"summary": "Amends the notification obligations to foster children approaching adulthood.",
"modified": []
},
"citation": "260C.451",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Clarifies eligibility to continue in foster care after turning 18.",
"modified": [
"Maintains and clarifies the three pathways for continued foster care past age 18: safe return home; placement under agency duties; or adoption/transfer of custody prior to 18."
]
},
"citation": "260C.451",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [
"Authority for reentry into foster care for certain eligible individuals, with plan requirements and voluntary placement arrangements."
],
"removed": [],
"summary": "Reentry and ongoing foster care options after age 18 up to age 21.",
"modified": [
"Expands eligibility to reenter foster care and defines plan requirements to support safe independent living."
]
},
"citation": "260C.451",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines the scope and purpose of the youth-related provisions, including eligibility windows.",
"modified": []
},
"citation": "260C.452",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Independent living plan requirements for youth 14+ with the child’s involvement; designation of a youth advisor; and inclusion of a plan to assist in the transition to adulthood."
],
"removed": [],
"summary": "Independent living plan for youths 14 or older, developed with the child.",
"modified": [
"Emphasizes objectives such as educational/vocational planning, health care, housing, finances, and social connections; aligns with independent living program provisions in 260C.212(14)."
]
},
"citation": "260C.212",
"subdivision": "subdivision 14"
},
{
"analysis": {
"added": [
"Documentation must support kinship placement agreements under 142A.605 and address best interests and related permanency considerations."
],
"removed": [],
"summary": "Kinship placement framework; ties to permanency decisions.",
"modified": [
"Connects kinship placement considerations to Northstar kinship assistance and discusses related permanency processes."
]
},
"citation": "142A.605",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to voluntary placement agreements and placement processes.",
"modified": []
},
"citation": "260C.227",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Consumer reporting provisions referenced in the plan and case planning.",
"modified": [
"Uses consumer reports to support case planning and independent living planning contexts."
]
},
"citation": "13C.001",
"subdivision": ""
},
{
"analysis": {
"added": [
"References to health screens, known medical problems, immunizations, and health care coordination across involved parties."
],
"removed": [],
"summary": "Health care provisions and immunization-related records and access.",
"modified": [
"Outlines responsibilities for health care oversight, information sharing, and coordination among providers and agencies to ensure timely medical care."
]
},
"citation": "144.4172",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Requires seeking a federal waiver under the Affordable Care Act (section 2004) to include youth who aged out before January 1, 2023 without regard to potential Medicaid eligibility."
],
"removed": [],
"summary": "Federal waiver authority linked to the ACA to expand coverage provisions for foster youth aging out.",
"modified": []
},
"citation": "Affordable Care Act",
"subdivision": "section 2004"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Federal authority referenced for waivers and state plan amendments tied to ACA-related coverage.",
"modified": []
},
"citation": "42 U.S.C. 1315",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Requirements for placement in a qualified residential treatment program (QRTP).",
"modified": [
"Aligns QRTP planning and youth care considerations with permanency and transition planning under foster care provisions."
]
},
"citation": "260C.708",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Court involvement in out-of-home placement plans; approval and modification processes.",
"modified": [
"Strengthens court involvement in reviewing and approving plan changes under 260C.178."
]
},
"citation": "260C.178",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Court review processes related to the out-of-home placement plan.",
"modified": [
"References to presenting the plan to the court for approval or modification under 260C.178 and related sections."
]
},
"citation": "260C.317",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Permanency planning involving transfer of permanent legal and physical custody to a relative.",
"modified": [
"Explicitly ties permanent custody transfers to kinship arrangements and permanency planning procedures."
]
},
"citation": "260C.515",
"subdivision": "subdivision 4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Visitation provisions, including siblings and relatives.",
"modified": [
"References to visitation rights and related placement considerations using subdivision 26b and 27 terms."
]
},
"citation": "260C.007",
"subdivision": "subdivision 26b"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Permanency planning provisions related to adoption and finalization of parental rights.",
"modified": [
"Cites 260C.605 in the context of documenting steps toward adoption or permanent custody arrangements as part of the plan."
]
},
"citation": "260C.605",
"subdivision": ""
}
]Progress through the legislative process
In Committee