.................... moves to amend H.F. No. 3039 as follows:
Page 6, delete section 3
Page 7, after line 4, insert:
"Sec. 4. Minnesota Statutes 2008, section 260C.007, subdivision 4, is amended to read:
1.5 Subd. 4. Child. "Child" means an individual under 18 years of age. For purposes
1.6of this chapter, "child" also includes individuals under age 21 who are in foster care
1.7pursuant to section 260C.451.
Sec. 5. Minnesota Statutes 2008, section 260C.193, subdivision 6, is amended to read:
Subd. 6. Jurisdiction to review foster care to age 21, termination of jurisdiction,
1.10jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section
1.11260C.451 may continue to age 21 for the purpose of conducting the reviews required under
1.12section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or 260C.317,
1.13subdivision 3. Jurisdiction over a child in foster care pursuant to section 260C.451 shall
1.14not be terminated without giving the child notice of any motion or proposed order to
1.15dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal.
1.16When a child in foster care pursuant to section 260C.451 asks to leave foster care or
1.17actually leaves foster care, the court may terminate its jurisdiction.
1.18(b) Except when a court order is necessary for a child to be in foster care or when
1.19continued review under (1) section 260C.212, subdivision 7, paragraph (d), or section
1.20260C.201, subdivision 11, paragraph (d), and (2) 260C.317, subdivision 3, is required
1.21for a child in foster care under section 260C.451,
the court may
dismiss the petition or
jurisdiction on its own motion or
at any time upon a determination that jurisdiction is no longer necessary to
1.24protect the child's best interests
Unless terminated by the court, and except as otherwise provided in this
subdivision, the jurisdiction of the court shall continue until the
years of age
if the court determines it is in the best interest of the individual to do so
Sec. 6. Minnesota Statutes 2008, section 260C.201, subdivision 10, is amended to read:
Subd. 10. Court review of foster care.
(a) If the court orders a child placed in
foster care, the court shall review the out-of-home placement at least every 90 days as
required in juvenile court rules to determine whether continued out-of-home placement is
necessary and appropriate or whether the child should be returned home. This review is
not required if the court has returned the child home, ordered the child permanently placed
away from the parent under subdivision 11, or terminated rights under section
Court review for a child permanently placed away from a parent, including where the
child is under guardianship and legal custody of the commissioner, shall be governed by
subdivision 11 or section
260C.317, subdivision 3
, whichever is applicable.
(b) No later than six months after the child's placement in foster care, the court shall
review agency efforts pursuant to section
260C.212, subdivision 2
, and order that the
efforts continue if the agency has failed to perform the duties under that section.
(c) The court shall review the out-of-home placement plan and may modify the plan
as provided under subdivisions 6 and 7.
(d) When the court orders transfer of custody to a responsible social services
agency resulting in foster care or protective supervision with a noncustodial parent under
subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
11a as required under juvenile court rules.
2.23(e) When a child remains in foster care pursuant to section 260C.451 and the court
2.24has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall
2.25annually conduct the review required under subdivision 11, paragraph (d), or sections
2.26260C.212, subdivision 7, and 260C.317, subdivision 3.
Page 8, lines 1 and 2, delete the new language and insert: "or for children in foster
2.28care beyond age 18 pursuant to section 260C.451, until the individual becomes 21 years
2.29of age according to the provisions set forth in section 260C.193, subdivision 6, and
Page 9, after line 25, insert:
"Sec. 9. Minnesota Statutes 2008, section 260C.451, is amended to read:
AGE LIMIT FOR BENEFITS TO CHILDREN FOSTER CARE
2.34BENEFITS TO AGE 21.
3.1 Subdivision 1. Notification of benefits. For purposes of any program for foster
3.2 children or children under state guardianship for which benefits are made available on June
3.3 1, 1973, unless specifically provided therein, the age of majority shall be 21 years of age.
3.4Within the six months prior to the child's 18th birthday, the local agency shall advise any
3.5child in foster care under this chapter, the child's parents or legal guardian, if any, and the
3.6child's foster parents of the availability of benefits of the foster care program up to age 21.
3.7 Subd. 2. Independent living plan. Upon the request of any child receiving foster
3.8care benefits immediately prior to the child's 18th birthday and who is in foster care at
3.9the time of the request, the local agency shall, in conjunction with the child and other
3.10appropriate parties, update the independent living plan required under section 260C.212,
3.11subdivision 1, paragraph (c), clause (11), related to the child's employment, vocational,
3.12educational, social, or maturational needs. The agency shall provide continued services
3.13and foster care for the child including as necessary to implement the independent living
3.15 Subd. 3. Eligibility. A child already in foster care may continue in foster care past
3.16age 18. The child must meet at least one of the following conditions to be considered
3.17eligible to continue in foster care to age 21. The child must be:
3.18(1) completing secondary education or a program leading to an equivalent credential;
3.19(2) enrolled in an institution which provides postsecondary or vocational education;
3.20(3) participating in a program or activity designed to promote or remove barriers to
3.22(4) employed for at least 80 hours per month; or
3.23(5) incapable of doing any of the activities described in clauses (1) to (4) due to a
3.25 Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster
3.26care benefits" means payment for those foster care settings defined in section 260C.007,
3.27subdivision 18. Additionally, foster care benefits means payment for a supervised setting
3.28in which a child may live independently.
3.29 Subd. 5. Permanent decision. The particular foster care setting, including
3.30supervised settings, shall be selected based on the best interest of the child consistent with
3.31section 260C.212, subdivision 2. Supervision in approved settings must be determined by
3.32an individual determination of the child's needs by the responsible social services agency
3.33and consistent with section 260C.212, subdivision 4a.
3.34 Subd. 6. Individual plan to age 21. Upon request of an individual between the
3.35ages of 18 and 21 who, within six months of the individual's 18th birthday, had been under
3.36the guardianship of the commissioner and who has left foster care, the responsible social
4.1services agency which had been the commissioner's agent for purposes of the guardianship
4.2shall develop with the individual a plan related to the individual's vocational, educational,
4.3social, or maturational needs. The agency shall provide foster care with maintenance and
4.4counseling benefits as required to implement the plan. The agency shall enter into a
4.5voluntary placement agreement with the individual if the plan includes foster care.
4.6 Subd. 7. Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant
4.7to this section, individuals in foster care pursuant to this section are adults for all purposes
4.8except the continued provision of foster care. Any order establishing guardianship under
4.9section 260C.325, any legal custody order under section 260C.201, subdivision 1, and any
4.10order for legal custody associated with an order for long-term foster care under section
4.11260C.201, subdivision 11, terminates on the child's 18th birthday.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly