1.1Senator Abeler moved to amend
H.F. No. 2435, as amended pursuant to Rule 45,
1.2adopted by the Senate May 13, 2025, as follows (...):
1.3(The text of the amended House File is identical to
S.F. No. 2669.)
1.4Page 459, after line 5, insert:
1.5 "Section 1. Minnesota Statutes 2024, section 142A.609, subdivision 11, is amended to
1.6read:
1.7 Subd. 11.
Treatment of Supplemental Security Income. (a) If a child placed in foster
1.8care receives benefits through Supplemental Security Income (SSI) at the time of foster
1.9care placement or subsequent to placement in foster care, the financially responsible
agency
1.10may
only apply to be the payee for the child for the duration of the child's placement in
1.11foster care
when the court has ordered the financially responsible agency to develop a plan
1.12for the transfer or permanent legal and physical custody of the child to a relative
or to file
1.13a termination of parental rights petition under section 260C.204, paragraph (e), clause
(2)
1.14or (3); ordered the child permanently placed away from the parent under sections 260C.503
1.15to 260C.521; or approves the continued voluntary foster care placement for the child
under
1.16section 260D.07. If a child continues to be eligible for SSI after finalization of the adoption
1.17or transfer of permanent legal and physical custody and is determined to be eligible
for a
1.18payment under Northstar Care for Children, a permanent caregiver may choose to receive
1.19payment from both programs simultaneously. The permanent caregiver is responsible
to
1.20report the amount of the payment to the Social Security Administration and the SSI
payment
1.21will be reduced as required by the Social Security Administration.
1.22(b) If a financially responsible agency applies to be the payee for a child who receives
1.23benefits through SSI, or receives the benefits under this subdivision on behalf of
a child,
1.24the financially responsible agency must provide written notice by certified mail,
return
1.25receipt requested to:
1.26(1) the child, if the child is 13 years of age or older;
1.27(2) the child's parent, guardian, or custodian or if there is no legal parent or custodian
1.28the child's relative selected by the agency;
1.29(3) the guardian ad litem;
1.30(4) the legally responsible agency; and
1.31(5) the counsel appointed for the child pursuant to section
260C.163, subdivision 3.
2.1(c) If a financially responsible agency receives benefits under this subdivision on
behalf
2.2of a child 13 years of age or older, the legally responsible agency and the guardian
ad litem
2.3must disclose this information to the child in person in a manner that best helps
the child
2.4understand the information. This paragraph does not apply in circumstances where the
child
2.5is living outside of Minnesota.
2.6(d) If a financially responsible agency receives the benefits under this subdivision
on
2.7behalf of a child, it cannot use those funds for any other purpose than the care of
that child.
2.8The financially responsible agency must not commingle any benefits received under
this
2.9subdivision and must not put the benefits received on behalf of a child under this
subdivision
2.10into a general fund.
2.11(e) If a financially responsible agency receives any benefits under this subdivision,
it
2.12must keep a record of:
2.13(1) the total dollar amount it received on behalf of all children it receives benefits
for;
2.14(2) the total number of children it applied to be a payee for; and
2.15(3) the total number of children it received benefits for.
2.16 (f) By July 1, 2025, and each July 1 thereafter, each financially responsible agency
must
2.17submit a report to the commissioner of children, youth, and families that includes
the
2.18information required under paragraph (e). By September 1 of each year, the commissioner
2.19must submit a report to the chairs and ranking minority members of the legislative
committees
2.20with jurisdiction over child protection that compiles the information provided to
the
2.21commissioner by each financially responsible agency under paragraph (e); subdivision
12,
2.22paragraph (e); and section
260C.331, subdivision 7, paragraph (d). This paragraph expires
2.23January 31, 2034.
2.24 Sec. 2. Minnesota Statutes 2024, section 142A.609, subdivision 12, is amended to read:
2.25 Subd. 12.
Treatment of Retirement, Survivors, and Disability Insurance; veteran's
2.26benefits; railroad retirement benefits; and black lung benefits. (a) If a child placed in
2.27foster care receives Retirement, Survivors, and Disability Insurance; veteran's benefits;
2.28railroad retirement benefits; or black lung benefits at the time of foster care placement
or
2.29subsequent to placement in foster care, the financially responsible agency may
only apply
2.30to be the payee for the child for the duration of the child's placement in foster
care
when
2.31the court has ordered the financially responsible agency to develop a plan for the
transfer
2.32or permanent legal and physical custody of the child to a relative or to file a termination
of
2.33parental rights petition under section 260C.204, paragraph (e), clause (2) or (3);
ordered
3.1the child permanently placed away from the parent under sections 260C.503 to 260C.521;
3.2or approves the continued voluntary foster care placement for the child under section
3.3260D.07. If it is anticipated that a child will be eligible to receive Retirement, Survivors,
3.4and Disability Insurance; veteran's benefits; railroad retirement benefits; or black
lung
3.5benefits after finalization of the adoption or assignment of permanent legal and physical
3.6custody, the permanent caregiver shall apply to be the payee of those benefits on
the child's
3.7behalf.
3.8(b) If the financially responsible agency applies to be the payee for a child who
receives
3.9Retirement, Survivors, and Disability Insurance; veteran's benefits; railroad retirement
3.10benefits; or black lung benefits, or receives the benefits under this subdivision
on behalf of
3.11a child, the financially responsible agency must provide written notice by certified
mail,
3.12return receipt requested to:
3.13(1) the child, if the child is 13 years of age or older;
3.14(2) the child's parent, guardian, or custodian or if there is no legal parent or custodian
3.15the child's relative selected by the agency;
3.16(3) the guardian ad litem;
3.17(4) the legally responsible agency; and
3.18(5) the counsel appointed for the child pursuant to section
260C.163, subdivision 3.
3.19(c) If a financially responsible agency receives benefits under this subdivision on
behalf
3.20of a child 13 years of age or older, the legally responsible agency and the guardian
ad litem
3.21must disclose this information to the child in person in a manner that best helps
the child
3.22understand the information. This paragraph does not apply in circumstances where the
child
3.23is living outside of Minnesota.
3.24(d) If a financially responsible agency receives the benefits under this subdivision
on
3.25behalf of a child, it cannot use those funds for any other purpose than the care of
that child.
3.26The financially responsible agency must not commingle any benefits received under
this
3.27subdivision and must not put the benefits received on behalf of a child under this
subdivision
3.28into a general fund.
3.29(e) If a financially responsible agency receives any benefits under this subdivision,
it
3.30must keep a record of:
3.31(1) the total dollar amount it received on behalf of all children it receives benefits
for;
3.32(2) the total number of children it applied to be a payee for; and
4.1(3) the total number of children it received benefits for.
4.2 (f) By July 1, 2025, and each July 1 thereafter, each financially responsible agency
must
4.3submit a report to the commissioner of children, youth, and families that includes
the
4.4information required under paragraph (e)."
4.5Page 482, after line 2, insert:
4.6 "Sec. 25. Minnesota Statutes 2024, section 260C.331, subdivision 1, is amended to read:
4.7 Subdivision 1.
Care, examination, or treatment. (a) Except where parental rights are
4.8terminated,
the following costs are a charge upon the welfare funds of the county in which
4.9proceedings are held upon certification of the judge of juvenile court:
4.10 (1) whenever legal custody of a child is transferred by the court to a responsible
social
4.11services agency
,;
4.12 (2) whenever legal custody is transferred to a person other than the responsible social
4.13services agency, but under the supervision of the responsible social services agency
,; or
4.14 (3) whenever a child is given physical or mental examinations or treatment under order
4.15of the court, and no provision is otherwise made by law for payment for the care,
4.16examination, or treatment of the child
, these costs are a charge upon the welfare funds of
4.17the county in which proceedings are held upon certification of the judge of juvenile
court.
4.18 (b) The court may order, and the responsible social services agency may require, the
4.19parents or custodian of a child, while the child is under the age of 18, to use income
and
4.20resources attributable to the child for the period of care, examination, or treatment,
except
4.21for clothing and personal needs allowance as provided in section
256B.35, to reimburse the
4.22county for the cost of care, examination, or treatment. Income and resources attributable
to
4.23the child include, but are not limited to, Social Security benefits, Supplemental
Security
4.24Income (SSI), veterans benefits, railroad retirement benefits
, and child support
for the child.
4.25When the child is over the age of 18, and continues to receive care, examination,
or treatment,
4.26the court may order, and the responsible social services agency may require, reimbursement
4.27from the child for the cost of care, examination, or treatment from the income and
resources
4.28attributable to the child less the clothing and personal needs allowance. Income does
not
4.29include earnings from a child over the age of 18 who is working as part of a plan
under
4.30section
260C.212, subdivision 1, paragraph (c), clause (12), to transition from foster care,
4.31or the income and resources that are needed to complete the requirements listed in
section
4.32260C.203. The responsible social services agency shall determine whether requiring
4.33reimbursement, either through child support or parental fees, for the cost of care,
examination,
5.1or treatment from the parents or custodian of a child is in the child's best interests.
In
5.2determining whether to require reimbursement, the responsible social services agency
shall
5.3consider:
5.4(1) whether requiring reimbursement would compromise the parent's ability to meet
the
5.5requirements of the reunification plan;
5.6(2) whether requiring reimbursement would compromise the parent's ability to meet
the
5.7child's needs after reunification; and
5.8(3) whether redirecting existing child support payments or changing the representative
5.9payee of
social security federal benefits to the responsible social services agency would
5.10limit the parent's ability to maintain financial stability for the child.
5.11 (c) If the income and resources attributable to the child are not enough to reimburse
the
5.12county for the full cost of the care, examination, or treatment, the court may inquire
into
5.13the ability of the parents to reimburse the county for the cost of care, examination,
or
5.14treatment and, after giving the parents a reasonable opportunity to be heard, the
court may
5.15order, and the responsible social services agency may require, the parents to contribute
to
5.16the cost of care, examination, or treatment of the child. When determining the amount
to
5.17be contributed by the parents, the court shall use a fee schedule based upon ability
to pay
5.18that is established by the responsible social services agency and approved by the
5.19commissioner of children, youth, and families. The income of a stepparent who has
not
5.20adopted a child shall be excluded in calculating the parental contribution under this
section.
5.21In determining whether to require reimbursement, the responsible social services agency
5.22shall consider:
5.23(1) whether requiring reimbursement would compromise the parent's ability to meet
the
5.24requirements of the reunification plan;
5.25(2) whether requiring reimbursement would compromise the parent's ability to meet
the
5.26child's needs after reunification; and
5.27(3) whether requiring reimbursement would compromise the parent's ability to meet
the
5.28needs of the family.
5.29 (d) If the responsible social services agency determines that reimbursement is in
the
5.30child's best interests, the court shall order the amount of reimbursement attributable
to the
5.31parents or custodian, or attributable to the child, or attributable to both sources,
withheld
5.32under chapter 518A from the income of the parents or the custodian of the child. A
parent
5.33or custodian who fails to pay without good reason may be proceeded against for contempt,
6.1or the court may inform the county attorney, who shall proceed to collect the unpaid
sums,
6.2or both procedures may be used.
6.3 (e) If the court orders a physical or mental examination for a child, the examination
is
6.4a medically necessary service for purposes of determining whether the service is covered
6.5by a health insurance policy, health maintenance contract, or other health coverage
plan.
6.6Court-ordered treatment shall be subject to policy, contract, or plan requirements
for medical
6.7necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions
of
6.8coverage, co-payments or deductibles, provider restrictions, or other requirements
in the
6.9policy, contract, or plan that relate to coverage of other medically necessary services.
6.10(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of
the
6.11child is not required to use income and resources attributable to the child to reimburse
the
6.12county for costs of care and is not required to contribute to the cost of care of
the child
6.13during any period of time when the child is returned to the home of that parent, custodian,
6.14or guardian pursuant to a trial home visit under section
260C.201, subdivision 1, paragraph
6.15(a).
6.16(g) The responsible social services agency may only apply to be the representative
payee
6.17for the child's federal benefits under paragraph (b) when the court has ordered the
agency
6.18to develop a plan for the transfer or permanent legal and physical custody of the
child to a
6.19relative or to file a termination of parental rights petition under section 260C.204,
paragraph
6.20(e), clause (2) or (3); ordered the child permanently placed away from the parent
under
6.21sections 260C.503 to 260C.521; or approves the continued voluntary foster care placement
6.22for the child under section 260D.07."
6.23Renumber the sections in sequence and correct the internal references
6.24Amend the title accordingly
6.25The motion prevailed. #did not prevail. So the amendment was #not adopted.