Mn statute 260c 451

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Mn statute 260c 451

This section pertains to a child who is under the guardianship of the commissioner of human services, or who has a permanency disposition of permanent custody to the agency, or who will leave foster care at 18 to 21 years of age.

When the child is 14 years of age or older, the responsible social services agency, in consultation with the child, shall complete the independent living plan according to section C. Six months before the child is expected to be discharged from foster care, the responsible social services agency shall provide written notice to the child regarding the right to continued access to services for certain children in foster care past 18 years of age and of the right to appeal a denial of social services under section The transition plan must be as detailed as the child elects and include specific options, including but not limited to:.

The child shall not be discharged from foster care until the motion is heard. The responsible social services agency shall work with the child to transition out of foster care. A copy of the termination notice shall be sent to the child and the child's attorney, if any, the foster care provider, the child's guardian ad litem, and the court.

The responsible social services agency is not responsible for paying foster care benefits for any period of time after the child leaves foster care. Menu House Minnesota House of Representatives. Minnesota Senate. Joint Departments, Offices, and Commissions. Schedules, Calendars, and Legislative Business. Legislative Committees. Statutes, Laws, and Rules. Office of the Revisor of Statutes. Revisor Menu. Authenticate PDF. Independent living plan.

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Administrative or court review of placements. The transition plan must be as detailed as the child elects and include specific options, including but not limited to: 1 affordable housing with necessary supports that does not include a homeless shelter; 2 health insurance, including eligibility for medical assistance as defined in section B.

Notice of termination of foster care.The agency shall provide continued services and foster care for the child including those services that are necessary to implement the independent living plan. See Minnesota Statutes See Minnesota Statutes C. Jurisdiction : 1 The legal authority of a court to hear and decide a case.

Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. Legal custody : means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of section C. 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 The child must be:.

Additionally, foster care benefits means payment for a supervised setting, approved by the responsible social services agency, in which a child may live independently. The particular foster care setting, including supervised settings, shall be selected by the agency and the child based on the best interest of the child consistent with section C. 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 C.

The responsible social services agency shall enter into a voluntary placement agreement with the individual if the plan includes foster care.

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Individuals in foster care pursuant to this section are adults for all purposes except the continued provision of foster care. Any order establishing guardianship under section C. 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. The child shall not be discharged from foster care until the motion is heard.

The agency shall work with the child to transition out of foster care as required under section C. The agency is not responsible for paying foster care benefits for any period of time after the child actually leaves foster care. Independent living plan. Eligibility to continue in foster care.

Eligibility criteria. The child must be: 1 completing secondary education or a program leading to an equivalent credential; 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.

Foster care benefits.

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Foster care setting. Reentering foster care and accessing services after 18 years of age and up to 21 years of age.See Minnesota Statutes Court : means juvenile court unless otherwise specified in this section. See Minnesota Statutes C.

A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.

Appeal : A request made after a trial, asking another court usually the court of appeals to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal. Assets : 1 The property comprising the estate of a deceased person, or 2 the property in a trust account.

Beneficiary : A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract.

See Minnesota Statutes B. Jurisdiction : 1 The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. Legal custody : means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of section C.Subdivision 1.

As used in this chapter, the terms defined in this section have the same meanings given to them. Case plan.

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For purposes of this chapter and chapter D, child also includes individuals under age 21 who are in foster care pursuant to section C. Child abuse. Child in need of protection or services. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or physicians' reasonable medical judgment:.

An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home.

Child-placing agency. Compelling reasons. This subdivision does not impose upon persons who are not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care a duty to provide that care. For an Indian child, custodian means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of the child, as provided in section Delinquent child.

Developmental disability. Egregious harm. The egregious harm need not have occurred in the state or in the county where a termination of parental rights action is otherwise properly venued. Egregious harm includes, but is not limited to:. Emotional maltreatment. Emotionally disturbed. Family or household members. Foster care. A child is in foster care under this definition regardless of whether the facility is licensed and payments are made for the cost of care.

Nothing in this definition creates any authority to place a child in a home or facility that is required to be licensed which is not licensed. Foster care is intended to provide for a child's safety or to access treatment. Foster care must not be used as a punishment or consequence for a child's behavior. Habitual truant.

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Indian child. Legal custody.

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The expenses of legal custody are paid in accordance with the provisions of section C. Neglected and in foster care. It includes the mother and child relationship and the father and child relationship.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 human services to any child in foster care under this chapter who cannot reasonably be expected to return home or have another legally permanent family 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.

Upon the request of any child in foster care immediately prior to the child's 18th birthday and who is in foster care at the time of the request, the responsible social services agency shall, in conjunction with the child and other appropriate parties, update the independent living plan required under section C.

The agency shall provide continued services and foster care for the child including those services that are necessary to implement the independent living plan. A child in foster care immediately prior to the child's 18th birthday may continue in foster care past age 18 unless:. 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 The child must be:.

For children between the ages of 18 and 21, "foster care benefits" means payment for those foster care settings defined in section C. Additionally, foster care benefits means payment for a supervised setting, approved by the responsible social services agency, in which a child may live independently. The particular foster care setting, including supervised settings, shall be selected by the agency and the child based on the best interest of the child consistent with section C.

Supervision in approved settings must be determined by an individual determination of the child's needs by the responsible social services agency and consistent with section C. 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 C. The responsible social services agency shall enter into a voluntary placement agreement with the individual if the plan includes foster care.

Individuals in foster care pursuant to this section are adults for all purposes except the continued provision of foster care. Any order establishing guardianship under section C. The responsible social services agency has legal responsibility for the individual's placement and care when the matter continues under court jurisdiction pursuant to section C.

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. 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 work with the child to transition out of foster care as required under section C. 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 C.

A copy of the termination notice shall be sent to the child and the child's attorney, if any, the foster care provider, the child's guardian ad litem, 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. Menu House Minnesota House of Representatives.Subdivision 1.

Dismissal of petition.

Minnesota Statutes 260C.451 – Foster Care Benefits Past Age 18

Whenever the court finds that the minor is not within the jurisdiction of the court or that the facts alleged in the petition have not been proved, it shall dismiss the petition. Consideration of reports. Before making a disposition in a case, terminating parental rights, or appointing a guardian for a child, the court may consider any report or recommendation made by the responsible social services agency, probation officer, licensed child-placing agency, foster parent, guardian ad litem, tribal representative, the child's health or mental health care provider, or other authorized advocate for the child or child's family, a school district concerning the effect on student transportation of placing a child in a school district in which the child is not a resident, or any other information deemed material by the court.

Best interests of the child. If the child's birth parent or parents express a preference for placing the child in a foster or adoptive home of the same or a similar religious background to that of the birth parent or parents, the court shall order placement of the child with an individual who meets the birth parent's religious preference.

If siblings were not placed together according to section C. If the court is not satisfied that the agency has made reasonable efforts to place siblings together, the court must order the agency to make further reasonable efforts. If siblings are not placed together, the court shall order the responsible social services agency to implement the plan for visitation among siblings required as part of the out-of-home placement plan under section C.

Minnesota Statutes > Chapter 260C > FOSTER CARE BENEFITS

Reports; juveniles placed out of state. Whenever a child is placed in a residential program located outside of this state pursuant to a disposition order issued under section C. Intended outcomes. When the court orders an out-of-home placement disposition for a child, the court shall state in its disposition order the intended outcome of the placement. Jurisdiction to review foster care to age 21, termination of jurisdiction, jurisdiction to age Jurisdiction over a child in foster care pursuant to section C.

When a child in foster care pursuant to section C. The court may continue jurisdiction over an individual and all other parties to the proceeding to the individual's 19th birthday when continuing jurisdiction is in the individual's best interest in order to:. Disclaimer: These codes may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.

Please check official sources. Justia Legal Resources.See Minnesota Statutes C. See Minnesota Statutes Corporation : A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Court : means juvenile court unless otherwise specified in this section. Fiduciary : A trustee, executor, or administrator. Foster care : means hour substitute care for a child for whom a responsible social services agency has placement and care responsibility and:.

Habitual truant : means a child under the age of 17 years who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven school days per school year if the child is in middle school, junior high school, or high school or a child who is 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days per school year and who has not lawfully withdrawn from school under section A.

Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. Legal custody : means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of section C. Licensed residential family-based substance use disorder treatment program : means a residential treatment facility that provides the parent or guardian with parenting skills training, parent education, or individual and family counseling, under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma according to recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.

Parent : means a person who has a legal parent and child relationship with a child which confers or imposes on the person legal rights, privileges, duties, and obligations consistent with sections Person : includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies.

Source: U. Courts Relative : means a person related to the child by blood, marriage, or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual who is an important friend with whom the child has resided or had significant contact. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Sexually exploited youth : means an individual who:. Trustee : A person or institution holding and administering property in trust. Violate : includes failure to comply with. Case plan : means any plan for the delivery of services to a child and parent or guardian, or, when reunification is not required, the child alone, that is developed according to the requirements of section Foster care : means hour substitute care for a child for whom a responsible social services agency has placement and care responsibility and: 1 who is placed away from the child's parent or guardian in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes; 2 who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or 3 who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section C.

Sexually exploited youth : means an individual who: 1 is alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct; 2 is a victim of a crime described in section


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