| Minn. Stat. § 259.67
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
259. Change of Name, Adoption Adoption
259.67. Adoption assistance
program
Subdivision
1. Adoption assistance.
(a) The commissioner of human services shall enter into an adoption assistance
agreement with an adoptive parent or parents who adopt a child who meets
the eligibility requirements under title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 679a, or who otherwise meets
the requirements in subdivision 4.
(b)
Notwithstanding any provision to the contrary, no child on whose behalf
federal title IV-E adoption assistance payments are to be made may be
placed in an adoptive home unless a criminal background check under section
259.41, subdivision 3, paragraph (b), has been completed on the prospective
adoptive parents and no disqualifying condition exists. A disqualifying
condition exists
if:
(1)
a criminal background check reveals a felony conviction for child abuse;
for spousal abuse; for a crime against children (including child pornography);
or for a crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault or battery; or
(2)
a criminal background check reveals a felony conviction within the past
five years for physical assault, battery, or a drug-related offense.
Subd.
2. Adoption assistance agreement.
The placing agency shall certify a child as eligible for adoption assistance
according to rules promulgated by the commissioner. The placing agency
shall not certify a child who remains under the jurisdiction of the sending
agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state. Not later than 30 days
after a parent or parents are found and approved for adoptive placement
of a child certified as eligible for adoption
assistance, and before the final decree of adoption is issued, a written
agreement must be entered into by the commissioner, the adoptive parent
or parents, and the placing agency. The written agreement must be fully
completed by the placing agency and in the form prescribed by the commissioner
and must set forth the responsibilities of all parties, the anticipated
duration of the adoption assistance payments, and the payment terms. The
adoption assistance agreement shall be subject to the commissioner's approval,
which must be granted or denied not later than 15 days after the agreement
is entered.
The amount of adoption
assistance is subject to the availability of state and federal funds and
shall be determined through agreement with the adoptive parents. The agreement
shall take into consideration the circumstances of the adopting parent
or parents, the needs of the child being adopted and may provide ongoing
monthly assistance, supplemental maintenance expenses related to the adopted
person's special needs, nonmedical expenses periodically necessary for
purchase of services, items, or equipment related to the special needs,
and medical expenses. The placing agency or the adoptive parent or parents
shall provide written documentation to support the need for adoption assistance
payments. The commissioner may require periodic reevaluation of adoption
assistance payments. The amount of ongoing monthly adoption assistance
granted may in no case exceed that which would be allowable for the child
under foster family care and is subject to the availability of state and
federal funds.
Subd.
3. Annual affidavit.
When adoption assistance agreements are for more than one year, the adoptive
parents or guardian or conservator shall annually present an affidavit
stating whether the adopted person remains under their care and whether
the need for adoption assistance continues to exist. The commissioner
may verify the affidavit. The adoption assistance agreement shall continue
in accordance with its terms as long as the need for adoption assistance
continues and the adopted person is the legal or financial dependent of
the adoptive parent or parents or guardian or conservator and is under
18 years of age. The adoption assistance agreement may be extended to
age 22 as allowed by rules adopted by the commissioner. Termination or
modification of the adoption assistance agreement may be requested by
the adoptive parents or subsequent guardian or conservator at any time.
When the commissioner determines that a child is eligible for adoption
assistance under Title IV-E of the
Social Security Act, United States Code, title 42, sections 670 to 679a,
the commissioner shall modify the adoption assistance agreement in order
to obtain the funds under that act.
Subd.
4. Eligibility conditions.
(a) The placing agency shall use the AFDC requirements as specified in
federal law as of July 16, 1996, when determining the child's eligibility
for adoption assistance under title IV-E of the Social Security Act. If
the child does not qualify, the placing agency shall certify a child as
eligible for state funded adoption assistance only if the following criteria
are met:
(1)
Due to the child's characteristics or circumstances it would be difficult
to provide the child an adoptive home without adoption assistance.
(2)(i)
A placement agency has made reasonable efforts to place the child for
adoption without adoption assistance, but has been unsuccessful; or
(ii)
the child's licensed foster parents desire to adopt the child and it is
determined by the placing agency that the adoption is in the best interest
of the child.
(3)
The child has been a ward of the commissioner, a Minnesota-licensed child-placing
agency, or a tribal social service agency of Minnesota recognized by the
Secretary of the Interior. The placing agency shall not certify a child
who remains under the jurisdiction of the sending agency pursuant to section
260.851, article 5, for state-funded adoption assistance when Minnesota
is the receiving state.
(b)
For purposes of this subdivision, the characteristics or circumstances
that may be considered in determining whether a child is a child with
special needs under United States Code, title 42, chapter 7, subchapter
IV, part E, or meets the requirements of paragraph (a), clause (1), are
the following:
(1)
The child is a member of a sibling group to be placed as one unit in which
at least one sibling is older than 15 months of age or is described in
clause (2) or (3).
(2)
The child has documented physical, mental, emotional, or behavioral disabilities.
(3)
The child has a high risk of developing physical, mental, emotional, or
behavioral disabilities.
(4)
The child is adopted according to tribal law without a termination of
parental rights or relinquishment, provided that the tribe has documented
the valid reason why the child cannot or should not be returned to the
home of the child's parent.
(c)
When a child's eligibility for adoption assistance is based upon the high
risk
of developing physical, mental, emotional, or behavioral disabilities,
payments shall not be made under the adoption assistance agreement unless
and until the potential disability manifests itself as documented by an
appropriate health care professional.
Subd.
5. Determination of residency.
A child who is a resident of any county in this state when eligibility
for adoption assistance is certified shall remain eligible and receive
adoption assistance in accordance with the terms of the adoption assistance
agreement, regardless of the domicile or residence of the adopting parents
at the time of application for adoptive placement, legal decree of adoption,
or thereafter.
Subd.
6. Right of appeal.
(a) The adoptive parents have the right to appeal to the commissioner
pursuant to section 256.045, when the commissioner denies, discontinues,
or modifies the agreement.
(b)
Adoptive parents who believe that their adopted child was incorrectly
denied
adoption assistance, or who did not seek adoption assistance on the child's
behalf because of being provided with inaccurate or insufficient information
about the child or the adoption assistance program, may request a hearing
under section 256.045. Notwithstanding subdivision 2, the purpose of the
hearing shall be to determine whether, under standards established by
the federal Department of Health and Human Services, the circumstances
surrounding the child's adoption warrant making an adoption assistance
agreement on behalf of the child after the final decree of adoption has
been issued. The commissioner shall enter into an adoption assistance
agreement on the child's behalf if it is determined that:
(1)
at the time of the adoption and at the time the request for a hearing
was submitted the child was eligible for adoption assistance under United
States Code, title 42, chapter 7, subchapter IV, part E, sections 670
to 679a, at the time of the adoption or for state funded adoption assistance
under subdivision 4; and
(2)
an adoption assistance agreement was not entered into on behalf of the
child
before the final decree of adoption because of extenuating circumstances
as the term is used in the standards established by the federal Department
of Health and Human Services. An adoption assistance agreement made under
this paragraph shall be effective the date the request for a hearing was
received by the commissioner or the local agency.
Subd.
7. Reimbursement of costs.
(a) Subject to rules of the commissioner, and the provisions of this subdivision
a child-placing agency licensed in Minnesota or any other state, or local
or tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost
of providing adoption services for a child certified as eligible for adoption
assistance under subdivision 4. Such assistance may include adoptive family
recruitment, counseling, and special training when needed. A child-placing
agency licensed in Minnesota or any other state shall receive reimbursement
for adoption services it purchases for or directly provides to an eligible
child. A local or tribal social services agency shall receive such reimbursement
only for adoption services it purchases for an eligible child.
(b)
A child-placing agency licensed in Minnesota or any other state or local
or tribal social services agency seeking reimbursement under this subdivision
shall enter into a reimbursement agreement with the commissioner before
providing adoption services for which reimbursement is sought. No reimbursement
under this subdivision shall be made to an agency for services provided
prior to entering a reimbursement agreement. Separate reimbursement agreements
shall be made for each child and separate records shall be kept on each
child for whom a reimbursement agreement is made. Funds encumbered and
obligated under such an agreement for the child remain available until
the terms of the agreement are fulfilled or the agreement is terminated.
(c)
When a local or tribal social services agency uses a purchase of service
agreement to provide services reimbursable under a reimbursement agreement,
the commissioner may make reimbursement payments directly to the agency
providing the service if direct reimbursement is specified by the purchase
of service agreement, and if the request for reimbursement is submitted
by the local or tribal social services agency along with a verification
that the service was provided.
Subd.
8. Indian children.
The commissioner is encouraged to work with American Indian organizations
to assist in the establishment of American Indian child adoption organizations
able to be licensed as child-placing agencies. Children certified as eligible
for adoption assistance under this section who are protected under the
Federal Indian Child Welfare Act of 1978 [FN1]
should, whenever possible, be served by the tribal governing body, tribal
courts, or a licensed Indian child-placing agency.
Subd.
9. Effect on other aid.
Adoption assistance payments received under this section shall not affect
eligibility for any other financial payments to which a person may otherwise
be entitled.
Subd.
10. Rules.
The commissioner shall promulgate rules necessary to implement this section
and to comply with the adoption assistance requirements of the Social
Security Act to qualify for funds available under the act.
CREDIT(S)
Amended by Laws 1996,
c. 416, §§ 11, 12, eff. April 3, 1996; Laws 1997, c. 85, art.
3, § 52; Laws 1997, c. 177, § 20; Laws 1997, c. 239, art. 6,
§ 12; Laws 1998, c. 406, art. 1, § 22, eff. April 21, 1998;
Laws 1998, c. 407, art. 9, § 21, eff. April 22, 1998; Laws 1999,
c. 159, § 114; Laws 1999, c. 245, art. 8, §§ 34, 35; Laws
2003, 1st Sp., c. 14, art. 4, § 13; Laws 2003, 1st Sp., c. 14, art.
6, § 54; Laws 2005, c. 159, art. 2, §§ 6, 7.
[FN1]
25 U.S.C.A. § 1901 et seq.
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