SF3970

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)