1.1                          A bill for an act
  1.2             relating to human services; establishing an 
  1.3             ombudsperson for kinship caregivers in the department 
  1.4             of human services; modifying eligibility for the 
  1.5             adoption assistance program and for reimbursement of 
  1.6             nonrecurring adoption expenses; amending Minnesota 
  1.7             Statutes 1994, sections 259.67, subdivision 4; and 
  1.8             259.73; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 256. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [256.9775] [OMBUDSPERSON FOR KINSHIP 
  1.12  CAREGIVERS.] 
  1.13     The office of ombudsperson for kinship caregivers is 
  1.14  established within the family and children's services division 
  1.15  of the department of human services.  The purpose of the office 
  1.16  is to provide information directly to grandparents and other 
  1.17  kinship caregivers seeking information on: 
  1.18     (1) income assistance programs; 
  1.19     (2) social services, including respite care services; 
  1.20     (3) community support groups; and 
  1.21     (4) other organizations and agencies designed to assist 
  1.22  grandparents and other kinship caregivers in resolving issues 
  1.23  relating to the custody, care, and support of the minor kinship 
  1.24  children in their care. 
  1.25     The ombudsperson for kinship caregivers shall also provide 
  1.26  technical assistance and outreach to county social service 
  1.27  agencies to enable those agencies to better serve kinship 
  2.1   caregivers who may be eligible for income assistance or social 
  2.2   services, including respite care services, for the minor kinship 
  2.3   children in their care.  For purposes of this section "kinship 
  2.4   caregiver" means any of the following persons related to the 
  2.5   child by marriage, blood, or adoption:  grandparent; great 
  2.6   grandparent; brother; sister; stepparent; stepsister; 
  2.7   stepbrother; niece; nephew; uncle; great uncle; aunt; or great 
  2.8   aunt. 
  2.9      Sec. 2.  Minnesota Statutes 1994, section 259.67, 
  2.10  subdivision 4, is amended to read: 
  2.11     Subd. 4.  [ELIGIBILITY CONDITIONS.] The placing agency 
  2.12  shall determine the child's eligibility for adoption assistance 
  2.13  under title IV-E of the Social Security Act.  If the child does 
  2.14  not qualify, the placing agency shall certify a child as 
  2.15  eligible for state funded adoption assistance only if the 
  2.16  following criteria are met:  
  2.17     (a) Due to the child's characteristics or circumstances it 
  2.18  would be difficult to provide the child ~~and~~ an adoptive home 
  2.19  without adoption assistance.  
  2.20     (b)(1) A placement agency has made reasonable efforts to 
  2.21  place the child for adoption without subsidy adoption 
  2.22  assistance, but has been unsuccessful; or 
  2.23     (2) the child's licensed foster parents desire to adopt the 
  2.24  child and it is determined by the placing agency that the 
  2.25  adoption is in the best interest of the child. 
  2.26     (c) The child has been a ward of the commissioner or a 
  2.27  Minnesota-licensed child-placing agency. 
  2.28     (d) Notwithstanding the criteria in paragraphs (a) to (c), 
  2.29  a child may be eligible for state-funded adoption assistance if: 
  2.30     (1) the child's prospective adoptive parent or parents is 
  2.31  the child's kinship caregiver; and 
  2.32     (2) the prospective adoptive parent or parents provides 
  2.33  written documentation to support the financial need for adoption 
  2.34  assistance payments under subdivision 2.  
  2.35     Sec. 3.  Minnesota Statutes 1994, section 259.73, is 
  2.36  amended to read: 
  3.1      259.73 [REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.] 
  3.2      The commissioner of human services shall provide 
  3.3   reimbursement of up to $2,000 to the adoptive parent or parents 
  3.4   for costs incurred in adopting a child with special needs, 
  3.5   including a child who meets the criteria in section 259.67, 
  3.6   subdivision 4, paragraph (d).  The commissioner shall determine 
  3.7   the child's eligibility for adoption expense reimbursement under 
  3.8   title IV-E of the Social Security Act, United States Code, title 
  3.9   42, sections 670 to 676. 
  3.10     Sec. 4.  [EFFECTIVE DATE.] 
  3.11     Section 2, pertaining to eligibility for adoption 
  3.12  assistance, is effective for adoption assistance agreements for 
  3.13  children determined eligible for such an agreement after August 
  3.14  1, 1995.  Section 3, pertaining to reimbursement for 
  3.15  nonrecurring adoption expenses, is effective for adoptions 
  3.16  finalized after August 1, 1995.