1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to children; establishing a foster youth bill of rights; proposing coding for |
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3 | 3 | | 1.3 new law in Minnesota Statutes, chapter 260C. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. [260C.009] FOSTER YOUTH BILL OF RIGHTS. |
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6 | 6 | | 1.6 Subdivision 1.Legislative intent.(a) It is the intent of the legislature and the purpose |
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7 | 7 | | 1.7of this section to ensure foster youth have the right to receive at least the level of care in |
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8 | 8 | | 1.8which their nonfoster youth peers receive, and a higher level of care than the care they |
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9 | 9 | | 1.9would have received if not placed in foster care, due to the state of Minnesota choosing to |
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10 | 10 | | 1.10intervene in a foster youth's life. |
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11 | 11 | | 1.11 (b) The rights under this section are established for the benefit of children and youth in |
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12 | 12 | | 1.12foster care and the extended foster care program. The rights under this section do not replace |
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13 | 13 | | 1.13or diminish other rights, liberties, and responsibilities that may exist regarding children and |
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14 | 14 | | 1.14youth in foster care or the extended foster care program, including any rights under the |
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15 | 15 | | 1.15Indian Child Welfare Act, the Minnesota Indian Family Preservation Act, and the African |
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16 | 16 | | 1.16American Family Preservation and Child Welfare Disproportionality Act. |
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17 | 17 | | 1.17 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the |
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18 | 18 | | 1.18meanings given. |
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19 | 19 | | 1.19 (b) "Abuse" has the meaning given in section 260C.007, subdivision 5. For the purposes |
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20 | 20 | | 1.20of this section, abuse also includes name calling, derogatory statements about the foster |
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21 | 21 | | 1.21youth or the foster youth's family, insults, harassment, threats, shaming, humiliation, and |
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22 | 22 | | 1.22hate speech. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-05185 as introduced03/25/25 REVISOR XX/DG |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 3154NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: KUNESH and Maye Quade) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading04/01/2025 |
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31 | 31 | | Referred to Health and Human Services 2.1 (c) "Age appropriate" means the activities, rights, and responsibilities that align with a |
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32 | 32 | | 2.2foster youth's chronological age and are common to their peers. |
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33 | 33 | | 2.3 (d) "Appropriate" means in alignment with age and developmental ability of a foster |
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34 | 34 | | 2.4youth, often based on the reasonable treatment a foster youth would receive if not placed |
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35 | 35 | | 2.5in the foster care system. |
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36 | 36 | | 2.6 (e) "Belongings" means personal effects or possessions as defined reasonably by the |
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37 | 37 | | 2.7foster youth. |
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38 | 38 | | 2.8 (f) "Chemical restraint" means the use of any psychopharmacologic drug that is used |
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39 | 39 | | 2.9for discipline or convenience and is not required to treat medical symptoms. |
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40 | 40 | | 2.10 (g) "Clean" means a space that is free from accumulations of dirt, grease, garbage, peeling |
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41 | 41 | | 2.11paint, vermin, and insects. The area must also be free from animal feces and urine on carpets, |
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42 | 42 | | 2.12floors, or furniture. The conditions must not have a direct impact on the health and safety |
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43 | 43 | | 2.13of the foster youth. |
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44 | 44 | | 2.14 (h) "Consent" means words or overt actions by a person indicating a freely given present |
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45 | 45 | | 2.15agreement. Consent does not mean the existence of a prior or current social relationship |
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46 | 46 | | 2.16between the actor and the complainant or that the complainant failed to resist a particular |
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47 | 47 | | 2.17act. |
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48 | 48 | | 2.18 (i) "Culturally appropriate" means practices, resources, or services that reflect, honor, |
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49 | 49 | | 2.19and celebrate a foster youth's cultural background, such as foods, clothing, personal care |
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50 | 50 | | 2.20products, traditions, values, and social norms. |
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51 | 51 | | 2.21 (j) "Developmentally appropriate" means activities, resources, education, or information |
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52 | 52 | | 2.22suitable for the foster youth's age, cognitive level, and emotional maturity. |
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53 | 53 | | 2.23 (k) "Disability" has the meaning given in section 363A.03, subdivision 12. |
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54 | 54 | | 2.24 (l) "Discipline" means actions utilized to correct or deter negative or harmful behaviors. |
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55 | 55 | | 2.25Discipline must be aimed at fostering positive behavior, including teaching and modeling |
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56 | 56 | | 2.26skills to achieve those behaviors. Discipline must be constructive and supportive, and free |
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57 | 57 | | 2.27from physical punishment, confinement, restraint, or withholding of basic needs. |
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58 | 58 | | 2.28 (m) "Discrimination" means the unfair treatment of a person or group of people differently |
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59 | 59 | | 2.29from other people, often because of age, race, sex, nationality, sexual orientation, gender |
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60 | 60 | | 2.30identity, gender expression, religion, or disability. |
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61 | 61 | | 2.31 (n) "Excessive medication" means medication administered as a substitute for a behavioral |
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62 | 62 | | 2.32or therapeutic program, for punishment, for the convenience of any foster parents or care |
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63 | 63 | | 2Section 1. |
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64 | 64 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 3.1providers, in quantities that interfere with learning or other social-emotional goals, or that |
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65 | 65 | | 3.2goes beyond prescribed limits, as determined by a licensed health care professional. |
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66 | 66 | | 3.3 (o) "Foster youth" means an individual under 18 years of age and who is in foster care |
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67 | 67 | | 3.4as defined under section 260C.007, subdivision 18, or 260D.02, subdivision 10. For the |
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68 | 68 | | 3.5purposes of this section, foster youth also includes individuals under age 21 who are in |
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69 | 69 | | 3.6foster care pursuant to section 260C.451. |
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70 | 70 | | 3.7 (p) "Group punishment" means collective punishment, given to one or more foster youth |
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71 | 71 | | 3.8regardless of whether their individual behavior warranted the punishment, except for the |
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72 | 72 | | 3.9imposition of restrictions on the foster youth's peer group as part of a recognized treatment |
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73 | 73 | | 3.10program. |
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74 | 74 | | 3.11 (q) "Harassment" means words, behaviors, or actions that cause the person it is directed |
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75 | 75 | | 3.12at to feel scared, annoyed, or emotionally upset. |
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76 | 76 | | 3.13 (r) "Health care or health care services" means medical, dental, vision, and mental health |
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77 | 77 | | 3.14services, treatments, and procedures. |
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78 | 78 | | 3.15 (s) "Medically prescribed diet" means a diet specifically recommended by a medical |
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79 | 79 | | 3.16professional to support a foster youth's health, which must be respected and adhered to in |
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80 | 80 | | 3.17all care settings. |
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81 | 81 | | 3.18 (t) "Neglect" means the denial or omission of physical, emotional, mental, and |
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82 | 82 | | 3.19psychological needs when considering factors such as the child's age and physical and |
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83 | 83 | | 3.20mental ability. This can include the denial or omission of the rights enumerated in this |
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84 | 84 | | 3.21section. |
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85 | 85 | | 3.22 (u) "Physical discipline" means physical harm acted upon a foster youth to punish or |
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86 | 86 | | 3.23correct the foster youth's behavior. |
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87 | 87 | | 3.24 (v) "Physical restraint" means any manual method or physical or mechanical device, |
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88 | 88 | | 3.25material, or equipment attached or adjacent to someone's body that the individual cannot |
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89 | 89 | | 3.26remove easily which restricts freedom of movement or normal access to one's body. |
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90 | 90 | | 3.27Restraints should only be used for a small amount of time and used in the least restrictive |
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91 | 91 | | 3.28way possible. |
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92 | 92 | | 3.29 (w) "Privacy" means to be free from the attention of others. This may include physical |
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93 | 93 | | 3.30privacy or verbal confidentiality. |
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94 | 94 | | 3.31 (x) "Safety" means free from physical, mental, or emotional harm or potential harm. |
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95 | 95 | | 3.32 (y) "Seclusion" has the meaning given in section 245.8261, subdivision 3j. |
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96 | 96 | | 3Section 1. |
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97 | 97 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 4.1 (z) "Sexualization" means treating someone as an object of sexual desire. This may |
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98 | 98 | | 4.2include but is not limited to sexual comments, gestures, body language, or difference in |
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99 | 99 | | 4.3treatment from others based on sexual reasonings. |
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100 | 100 | | 4.4 (aa) "Sibling" means any individual who shares at least one biological or adoptive parent |
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101 | 101 | | 4.5with the foster youth or any individual that the child considers a sibling and has previously |
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102 | 102 | | 4.6lived with the child, regardless of whether a biological or legal relationship exists between |
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103 | 103 | | 4.7the foster youth and sibling. |
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104 | 104 | | 4.8 (bb) "Trafficking" means labor trafficking as defined in section 609.281, subdivision 5, |
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105 | 105 | | 4.9and sex trafficking as defined in section 609.321, subdivision 7a. |
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106 | 106 | | 4.10 Subd. 3.Physical and emotional safety.While in foster care, foster youth have a right |
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107 | 107 | | 4.11to be safe. This includes a foster youth's right to: |
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108 | 108 | | 4.12 (1) appropriate discipline and caregiving that considers the foster youth's unique history |
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109 | 109 | | 4.13and needs. This includes the right to be free from all physical discipline; |
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110 | 110 | | 4.14 (2) be free from physical, verbal, and sexual abuse, including exploitation and trafficking; |
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111 | 111 | | 4.15 (3) the rights, protections, and services under section 260C.212, subdivision 13, and |
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112 | 112 | | 4.16Minnesota Rules, part 2960.3080; |
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113 | 113 | | 4.17 (4) be free from group punishment; |
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114 | 114 | | 4.18 (5) be free from seclusion, in accordance with the laws and policies governing secure |
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115 | 115 | | 4.19facilities; |
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116 | 116 | | 4.20 (6) be free from physical or chemical restraint used for the purposes of discipline or |
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117 | 117 | | 4.21convenience. De-escalation tactics should be exhausted before these are considered, and |
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118 | 118 | | 4.22the least restrictive interventions should be prioritized. Any physical or chemical restraint |
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119 | 119 | | 4.23of the foster youth must be documented and shared with the court; |
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120 | 120 | | 4.24 (7) be free from threats of placement disruption or law enforcement involvement. These |
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121 | 121 | | 4.25must not be used as a threat, retaliation, or discipline; |
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122 | 122 | | 4.26 (8) appropriate supervision and to be free from neglect; |
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123 | 123 | | 4.27 (9) be free from discrimination based on the foster youth's protected class status. This |
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124 | 124 | | 4.28includes but is not limited to the denial or delay of placement or services, more restrictive |
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125 | 125 | | 4.29placement options, physical or emotional isolation, abuse, neglect, or discipline based on |
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126 | 126 | | 4.30these identities; |
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127 | 127 | | 4.31 (10) have appropriate actions taken to keep the foster youth safe and comfortable, if the |
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128 | 128 | | 4.32foster youth shares any information regarding previous or ongoing abuse or sexualization |
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129 | 129 | | 4Section 1. |
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130 | 130 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 5.1to the foster youth's family and permanency team. This includes access to accommodations |
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131 | 131 | | 5.2so that the foster youth does not need to face a person who harmed the foster youth while |
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132 | 132 | | 5.3exercising their rights, including attending court; |
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133 | 133 | | 5.4 (11) bodily autonomy. This includes being able to refuse physical touch or emotional |
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134 | 134 | | 5.5affection, including but not limited to hugs and kisses; |
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135 | 135 | | 5.6 (12) an age and developmentally appropriate curfew and house rules that are clear and |
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136 | 136 | | 5.7consistent, and explained to the foster youth in a way the foster youth can understand. If |
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137 | 137 | | 5.8the foster youth is living in a residential treatment facility, licensed residential family-based |
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138 | 138 | | 5.9substance use disorder treatment program, qualified residential treatment program, secure |
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139 | 139 | | 5.10detention facility, or shelter care facility as defined in section 260C.007, the foster youth |
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140 | 140 | | 5.11should have access to written rules or policies upon entering and at the foster youth's request; |
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141 | 141 | | 5.12and |
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142 | 142 | | 5.13 (13) be provided with alternative pathways in juvenile delinquency court, if available, |
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143 | 143 | | 5.14which may include diversionary courts and restorative or transformative justice circles or |
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144 | 144 | | 5.15practices. |
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145 | 145 | | 5.16 Subd. 4.Basic needs and normalcy.While in foster care, foster youth have a right to |
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146 | 146 | | 5.17have their basic needs met and experience childhood and adolescence in a way similar to |
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147 | 147 | | 5.18peers who are not in foster care. This includes a foster youth's right to: |
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148 | 148 | | 5.19 (1) not have the foster youth's basic needs withheld as a form of discipline. This includes |
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149 | 149 | | 5.20but is not limited to the foster youth's usual diet, drinking water, clothing, shoes, hygiene |
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150 | 150 | | 5.21facilities, hygiene products, hair care products, medications, menstrual products, comfortable |
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151 | 151 | | 5.22and normal sleeping conditions, proper lighting, educational services, privacy, self-regulation |
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152 | 152 | | 5.23tools, exercise activities, ventilation and proper temperature, visitations, positive |
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153 | 153 | | 5.24reinforcement, nurturing, or health care; |
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154 | 154 | | 5.25 (2) sufficient food and beverages that promote the foster youth's health and nutrition, |
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155 | 155 | | 5.26that are in accordance with the foster youth's religious, spiritual, and cultural observances, |
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156 | 156 | | 5.27that follow the foster youth's medically prescribed diet, and that align with any allergy needs |
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157 | 157 | | 5.28or food aversions. Food must be palatable, of adequate quantity and variety, served at |
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158 | 158 | | 5.29appropriate temperatures, and of the same quality as food others in the household eat; |
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159 | 159 | | 5.30 (3) not be put on a diet to lose or gain weight unless under the direction of a health care |
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160 | 160 | | 5.31professional; |
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161 | 161 | | 5.32 (4) clothing that fits comfortably, sufficiently protects against outside elements, is of |
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162 | 162 | | 5.33the same or similar quality as the clothes other children in the household wear, and is in |
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163 | 163 | | 5Section 1. |
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164 | 164 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 6.1accordance with the foster youth's gender expression, and religious, cultural, and spiritual |
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165 | 165 | | 6.2identities and beliefs; |
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166 | 166 | | 6.3 (5) dress themselves and pick out the foster youth's own clothing, as developmentally |
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167 | 167 | | 6.4appropriate; |
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168 | 168 | | 6.5 (6) have access to a bedroom, whenever safe and appropriate, in the place where the |
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169 | 169 | | 6.6foster youth is living; |
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170 | 170 | | 6.7 (7) have access to a clean home and safe methods and products for the foster youth to |
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171 | 171 | | 6.8clean themselves and the foster youth's belongings; |
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172 | 172 | | 6.9 (8) have access to safe, appropriate, and sufficient menstrual products with consideration |
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173 | 173 | | 6.10of the foster youth's preferences; |
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174 | 174 | | 6.11 (9) have access to a comfortable and clean place to sleep that is furnished to the same |
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175 | 175 | | 6.12or similar quality to other rooms; |
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176 | 176 | | 6.13 (10) the foster youth's own personal belongings that the foster youth is not required to |
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177 | 177 | | 6.14share with others; |
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178 | 178 | | 6.15 (11) acquire more belongings and bring the foster youth's belongings with if the foster |
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179 | 179 | | 6.16youth needs to move to a new placement; |
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180 | 180 | | 6.17 (12) have the space to store personal belongings, including hygiene items, clothes, |
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181 | 181 | | 6.18sentimental belongings, and religious or spiritual altars, artifacts, books, or pieces. This |
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182 | 182 | | 6.19includes the right to have private access to those belongings, if reasonable; |
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183 | 183 | | 6.20 (13) appropriate travel bags to pack the foster youth's belongings if the foster youth |
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184 | 184 | | 6.21needs to move that do not include trash or grocery bags; |
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185 | 185 | | 6.22 (14) have access to a method of communication that is appropriate for the foster youth's |
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186 | 186 | | 6.23age and developmental level, which may include a cell phone; |
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187 | 187 | | 6.24 (15) the foster youth's own money that the foster youth has earned or has been gifted, |
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188 | 188 | | 6.25and which should not be used to pay for the foster youth's basic needs; |
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189 | 189 | | 6.26 (16) support to open and access the foster youth's own bank account, as developmentally |
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190 | 190 | | 6.27appropriate, which should not be accessed or borrowed from by others; |
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191 | 191 | | 6.28 (17) have the foster youth's credit frozen upon entry into foster care at any age and |
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192 | 192 | | 6.29support in unfreezing and refreezing the foster youth's credit upon the foster youth's request |
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193 | 193 | | 6.30if the foster youth is 15 years of age or older; |
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194 | 194 | | 6Section 1. |
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195 | 195 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 7.1 (18) receive a yearly credit report. If a foster youth's credit is being used fraudulently, |
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196 | 196 | | 7.2the responsible social service agency will support the foster youth by amending any |
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197 | 197 | | 7.3discrepancies; and |
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198 | 198 | | 7.4 (19) have chores and tasks assigned to the foster youth to be typical for the foster youth's |
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199 | 199 | | 7.5age and development and comparable to other children in the home, if applicable, which |
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200 | 200 | | 7.6includes a consideration of the type, volume, and duration of the chores and tasks. |
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201 | 201 | | 7.7 Subd. 5.Privacy.While in foster care, foster youth have a right to privacy. This includes |
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202 | 202 | | 7.8a foster youth's right to: |
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203 | 203 | | 7.9 (1) communication privacy. A foster youth's communication can only be monitored due |
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204 | 204 | | 7.10to a safety concern and if a safety concern is determined, the monitoring of any |
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205 | 205 | | 7.11communication must be communicated to the foster youth and documented in the foster |
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206 | 206 | | 7.12youth's out-of-home placement plan. Communication may include but is not limited to |
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207 | 207 | | 7.13technology usage or personal belongings, including writings and artwork; |
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208 | 208 | | 7.14 (2) change clothes, bathe, and use the bathroom privately, as developmentally appropriate |
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209 | 209 | | 7.15and safe; |
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210 | 210 | | 7.16 (3) data privacy. Details of the foster youth's personal history must only be shared as |
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211 | 211 | | 7.17permitted by law and necessary to ensure the foster youth's safety and well-being; |
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212 | 212 | | 7.18 (4) request for the court to make the foster youth's medical and therapeutic information |
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213 | 213 | | 7.19confidential from the public, as allowed by law; |
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214 | 214 | | 7.20 (5) only have cameras in common areas and not to have cameras in areas such as |
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215 | 215 | | 7.21bathrooms, bedrooms, or areas in which the foster youth is expected to bathe and change |
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216 | 216 | | 7.22clothing; and |
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217 | 217 | | 7.23 (6) be free from unreasonable searches of the foster youth's personal belongings, space, |
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218 | 218 | | 7.24or body. Searches must be based on an articulated and individualized need that must be as |
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219 | 219 | | 7.25minimally invasive as possible in relation to that need. |
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220 | 220 | | 7.26 Subd. 6.Health and wellness.While in foster care, foster youth have a right to be |
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221 | 221 | | 7.27healthy and receive high quality health care. This includes a foster youth's right to: |
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222 | 222 | | 7.28 (1) timely access and transportation to health care services, as recommended by the |
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223 | 223 | | 7.29foster youth's health care team and upon the foster youth's request; |
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224 | 224 | | 7.30 (2) have the foster youth's health care explained in a manner the foster youth can |
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225 | 225 | | 7.31understand by the provider, social worker, or other professional, to have the foster youth's |
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226 | 226 | | 7Section 1. |
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227 | 227 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 8.1concerns addressed, to meet with the foster youth's provider in private, and to have a trusted |
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228 | 228 | | 8.2adult present if the foster youth wants one; |
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229 | 229 | | 8.3 (3) be free from excessive or unnecessary medication, procedures, or treatments. |
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230 | 230 | | 8.4Determinations for excessiveness can be made by a licensed health care professional; |
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231 | 231 | | 8.5 (4) be free from consumption of drugs, alcohol, or medications which are not prescribed |
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232 | 232 | | 8.6to the foster youth; |
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233 | 233 | | 8.7 (5) give input on the foster youth's health care providers, including selecting health care |
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234 | 234 | | 8.8providers or switching a provider for any reason; |
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235 | 235 | | 8.9 (6) not have details of the foster youth's health care shared with anyone without the |
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236 | 236 | | 8.10foster youth's consent, unless it impacts the foster youth's safety or the care provided to the |
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237 | 237 | | 8.11foster youth, as developmentally appropriate and in accordance with the law; |
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238 | 238 | | 8.12 (7) access or refuse contraceptives and abortion services, unless a health care professional |
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239 | 239 | | 8.13determines it to be medically necessary; |
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240 | 240 | | 8.14 (8) be free from secondhand smoke exposure; |
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241 | 241 | | 8.15 (9) have decisions made regarding the foster youth's health care be only between the |
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242 | 242 | | 8.16foster youth and a health care provider, as developmentally appropriate and in accordance |
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243 | 243 | | 8.17with the law, unless medically necessary circumstances arise; |
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244 | 244 | | 8.18 (10) be free from drug testing as a condition of the foster youth's placement, unless |
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245 | 245 | | 8.19ordered by a judge or part of an evidence-based substance use treatment program; |
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246 | 246 | | 8.20 (11) have support in accessing or refusing family therapy with anyone the foster youth |
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247 | 247 | | 8.21considers a relative, unless required by the foster youth's out-of-home placement plan; |
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248 | 248 | | 8.22 (12) have support in accessing an alternative mental health treatment option of the foster |
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249 | 249 | | 8.23youth's preference; |
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250 | 250 | | 8.24 (13) have support in accessing education and services regarding consent, healthy |
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251 | 251 | | 8.25relationships, and sexual and reproductive health and safety, as developmentally appropriate; |
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252 | 252 | | 8.26and |
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253 | 253 | | 8.27 (14) be informed of and supported in accessing counseling and mental health support, |
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254 | 254 | | 8.28including resources at school. |
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255 | 255 | | 8.29 Subd. 7.Family and relative connections.While in foster care, foster youth have a |
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256 | 256 | | 8.30right to be connected to family, relatives, and kin. This includes a foster youth's right to: |
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257 | 257 | | 8Section 1. |
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258 | 258 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 9.1 (1) be supported in having frequent, consistent, and quality contact with relatives, |
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259 | 259 | | 9.2including both in-person or virtual opportunities, with in-person visits being preferred. Other |
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260 | 260 | | 9.3communications such as letters, emails, texts, or phone calls should be supported; |
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261 | 261 | | 9.4 (2) have contact or visits with relatives only be restricted in circumstances when the |
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262 | 262 | | 9.5foster youth's family and permanency team has collaboratively weighed factors, including |
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263 | 263 | | 9.6but not limited to the foster youth's physical and emotional safety; the input of the foster |
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264 | 264 | | 9.7youth's health care team, when applicable; the foster youth's own input; and whether |
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265 | 265 | | 9.8alternative forms of visits or contact may be appropriate; |
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266 | 266 | | 9.9 (3) have the foster youth's caseworker notify the foster youth's relatives who responded |
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267 | 267 | | 9.10to the initial search, regardless of whether the relative indicated interest in being a placement |
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268 | 268 | | 9.11option, or relatives identified by the foster youth, when the foster youth moved to a new |
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269 | 269 | | 9.12placement, within five business days of the caseworker being informed of the placement |
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270 | 270 | | 9.13change; |
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271 | 271 | | 9.14 (4) be told in a personal and confidential manner if a relative of the foster youth dies or |
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272 | 272 | | 9.15is experiencing life-threatening health issues when the agency is aware. When practicable, |
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273 | 273 | | 9.16to be supported in attending any death-related services if someone the foster youth knew |
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274 | 274 | | 9.17dies or to visit a person who is experiencing life-threatening health issues; |
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275 | 275 | | 9.18 (5) have an updated relative search be completed, at minimum, every six months to |
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276 | 276 | | 9.19reevaluate relative and kinship placement and connection opportunities for the foster youth, |
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277 | 277 | | 9.20if the foster youth is not already placed in a relative or kinship placement; |
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278 | 278 | | 9.21 (6) have the foster youth's caseworker update the courts regarding the caseworker's |
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279 | 279 | | 9.22efforts to support sibling relationships at each court hearing; |
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280 | 280 | | 9.23 (7) have the foster youth's family and permanency team make every effort to support |
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281 | 281 | | 9.24relationships with all of the foster youth's siblings, including adult siblings, whether the |
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282 | 282 | | 9.25siblings are in foster care or not, unless the agency has documented a verifiable safety |
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283 | 283 | | 9.26concern. This support must include: |
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284 | 284 | | 9.27 (i) having the foster youth's input prioritized regarding any sibling relationships. This |
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285 | 285 | | 9.28may include how often and the methods for communication, including phone calls, letters, |
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286 | 286 | | 9.29or in-person or virtual visits; |
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287 | 287 | | 9.30 (ii) frequent contact and support in contacting the foster youth's siblings. This includes |
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288 | 288 | | 9.31weekly regular face-to-face visits, whenever possible, and weekly virtual contact. Virtual |
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289 | 289 | | 9.32contact includes, but is not limited to, telephone calls, text messaging, social media, other |
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290 | 290 | | 9.33internet use, and video calls; |
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291 | 291 | | 9Section 1. |
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292 | 292 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 10.1 (iii) not withholding or restricting sibling relationships as a consequence for behavior; |
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293 | 293 | | 10.2 (iv) regular visits being ensured by members of the foster youth's family and permanency |
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294 | 294 | | 10.3team and the coordination of dates, times, transportation, and other accommodations as |
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295 | 295 | | 10.4necessary; |
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296 | 296 | | 10.5 (v) the timing and regularity of visits to be outlined in each sibling's service plan; and |
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297 | 297 | | 10.6 (vi) alternative ways to preserve relationships being supported, in the event of a |
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298 | 298 | | 10.7documented verifiable safety concern; |
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299 | 299 | | 10.8 (8) at least quarterly, receive a telephone number, address, or email address for all the |
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300 | 300 | | 10.9foster youth's siblings, both those in foster care and not in foster care, and receive updated |
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301 | 301 | | 10.10photographs of siblings regularly, by regular mail or email; |
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302 | 302 | | 10.11 (9) be actively involved in the lives of the foster youth siblings, including celebrations, |
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303 | 303 | | 10.12and to be provided with support in doing so. Celebrations may include but are not limited |
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304 | 304 | | 10.13to birthdays, holidays, graduations, school and extracurricular activities, cultural customs |
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305 | 305 | | 10.14in the foster youth's native language, and other milestones; |
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306 | 306 | | 10.15 (10) be promptly informed about changes in a sibling's placement or circumstance, |
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307 | 307 | | 10.16including but not limited to new placements, discharge from placements, significant life |
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308 | 308 | | 10.17events, and discharge from foster care; |
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309 | 309 | | 10.18 (11) be included in permanency planning decisions for any siblings; |
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310 | 310 | | 10.19 (12) have the adult siblings of the foster youth be notified of the opportunity to become |
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311 | 311 | | 10.20a foster care provider, adoptive parent, or relative custodian; |
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312 | 312 | | 10.21 (13) have the foster youth's siblings, if known, to be notified of their rights as a sibling, |
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313 | 313 | | 10.22through materials in a format specified by the Office of the Foster Youth Ombudsperson. |
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314 | 314 | | 10.23This includes adult siblings and siblings not in foster care; and |
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315 | 315 | | 10.24 (14) have support in planning to maintain sibling relationships after the foster youth exit |
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316 | 316 | | 10.25foster care for any reason. |
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317 | 317 | | 10.26 Subd. 8.Community and cultural connections.While in foster care, foster youth have |
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318 | 318 | | 10.27a right to be connected to the foster youth's community and culture. This includes a foster |
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319 | 319 | | 10.28youth's right to: |
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320 | 320 | | 10.29 (1) have support in finding and maintaining regular contact with communities that reflect |
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321 | 321 | | 10.30the foster youth's culture, ethnicity, religion, sexual orientation, and gender identity, with |
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322 | 322 | | 10.31specific attention paid to maintaining the community connections the foster youth had prior |
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323 | 323 | | 10Section 1. |
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324 | 324 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 11.1to entering foster care. The foster youth's cultural and community needs must be documented |
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325 | 325 | | 11.2in the foster youth's out-of-home placement plan; |
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326 | 326 | | 11.3 (2) be cared for by people that have received training on understanding and validating |
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327 | 327 | | 11.4the foster youth's cultural, racial, and ethnic heritage in a trauma-informed manner; |
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328 | 328 | | 11.5 (3) ethnically and culturally appropriate hygiene and hair care products and services, |
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329 | 329 | | 11.6which may include access to protective hairstyling services, bonnets, du rags, lotions, |
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330 | 330 | | 11.7shampoo, conditioner, and body wash; |
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331 | 331 | | 11.8 (4) have support in accessing education in personal care, hygiene, and grooming that |
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332 | 332 | | 11.9reflects the foster youth's race, ethnicity, culture, and gender identity; |
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333 | 333 | | 11.10 (5) have support to make and cultivate friendships, including connections made before |
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334 | 334 | | 11.11the foster youth's time in foster care or while in a previous placement. Connections should |
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335 | 335 | | 11.12be supported through in-person or virtual opportunities, with preference for in-person visits. |
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336 | 336 | | 11.13Letters, emails, texts, or phone calls should also be supported. The foster youth's |
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337 | 337 | | 11.14communications with friends must only be limited due to safety or well-being concerns of |
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338 | 338 | | 11.15the foster youth; |
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339 | 339 | | 11.16 (6) speak and be spoken to in the foster youth's own language, which may include Braille |
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340 | 340 | | 11.17or sign language. If the foster youth's foster parent or caregiver does not know the foster |
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341 | 341 | | 11.18youth's language, the foster youth's caseworker will provide a plan to meet the foster youth's |
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342 | 342 | | 11.19needs to communicate; and |
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343 | 343 | | 11.20 (7) have support in accessing online or in-person peer support groups that are |
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344 | 344 | | 11.21age-appropriate, and that may include support or affinity groups that align with the foster |
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345 | 345 | | 11.22youth's protected class status. |
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346 | 346 | | 11.23 Subd. 9.Religious and spiritual practices.While in foster care, foster youth have rights |
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347 | 347 | | 11.24regarding religious and spiritual practices. This includes a foster youth's right to: |
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348 | 348 | | 11.25 (1) participate in cultural, religious, and spiritual events and practices that are meaningful |
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349 | 349 | | 11.26to the foster youth. This may include private spaces and materials to practice the foster |
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350 | 350 | | 11.27youth's religion or spirituality, including but not limited to the ability to smudge, light |
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351 | 351 | | 11.28incense, or light candles, and a designated area to do this; |
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352 | 352 | | 11.29 (2) choose not to participate in cultural, religious, and spiritual events and practices; and |
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353 | 353 | | 11.30 (3) be in a placement that is informed and respectful of the foster youth's religious and |
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354 | 354 | | 11.31spiritual practices and needs. |
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355 | 355 | | 11Section 1. |
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356 | 356 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 12.1 Subd. 10.Sexual orientation and gender identity.While in foster care, foster youth |
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357 | 357 | | 12.2have rights regarding sexual orientation and gender identity. This includes a foster youth's |
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358 | 358 | | 12.3right to: |
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359 | 359 | | 12.4 (1) have the foster youth's sexual orientation, gender identity, and gender expression |
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360 | 360 | | 12.5affirmed and supported. This includes the right for the foster youth to express themselves |
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361 | 361 | | 12.6in the way the foster youth decides, including but not limited to the foster youth's hair styles, |
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362 | 362 | | 12.7makeup choices, chosen pronouns, chosen name, and the way the foster youth dresses, |
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363 | 363 | | 12.8including gender-affirming undergarments; |
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364 | 364 | | 12.9 (2) request and be supported in obtaining gender-affirming care including counseling, |
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365 | 365 | | 12.10medication, and other supportive services; |
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366 | 366 | | 12.11 (3) privacy regarding the foster youth's sexual orientation and gender identity. Whenever |
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367 | 367 | | 12.12possible, to not have the foster youth's gender identity or sexual orientation disclosed without |
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368 | 368 | | 12.13consent; and |
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369 | 369 | | 12.14 (4) not experience conversion or reparative therapies. |
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370 | 370 | | 12.15 Subd. 11.Disability and accommodation.While in foster care, foster youth have rights |
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371 | 371 | | 12.16regarding disability status and accommodation. This includes a foster youth's right to: |
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372 | 372 | | 12.17 (1) receive proper and reasonable accommodation and services to help the foster youth |
---|
373 | 373 | | 12.18thrive in the foster youth's placement and at school, which may include support in obtaining |
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374 | 374 | | 12.19full access to education; |
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375 | 375 | | 12.20 (2) be in a placement that is educated about the foster youth's disability and the |
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376 | 376 | | 12.21accommodations the foster youth may need; |
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377 | 377 | | 12.22 (3) the same access to age or developmentally appropriate activities and experiences as |
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378 | 378 | | 12.23the foster youth's peers and given accommodations to participate in such experiences; and |
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379 | 379 | | 12.24 (4) not be excluded from participation in or be denied benefits of the services, programs, |
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380 | 380 | | 12.25or activities due to the foster youth's disability status. |
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381 | 381 | | 12.26 Subd. 12.Education.While in foster care, foster youth have rights regarding school |
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382 | 382 | | 12.27and education. This includes a foster youth's right to: |
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383 | 383 | | 12.28 (1) have support to attend school in a consistent setting, which may include staying in |
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384 | 384 | | 12.29the same school throughout the foster youth's time in foster care and attending the same |
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385 | 385 | | 12.30school as the foster youth's siblings, if possible. This includes timely transportation that is |
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386 | 386 | | 12.31free of cost to the foster youth; |
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387 | 387 | | 12Section 1. |
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388 | 388 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 13.1 (2) have support to ensure all credits, including partial credits, received in different |
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389 | 389 | | 13.2schools or placements be counted if the foster youth were to move schools; |
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390 | 390 | | 13.3 (3) have support to ensure that the foster youth does not receive a reduction of a grade |
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391 | 391 | | 13.4due to the foster youth's foster care status and any foster care related absences and |
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392 | 392 | | 13.5circumstances; |
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393 | 393 | | 13.6 (4) be provided with recovery options in the foster youth's classes during school hours, |
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394 | 394 | | 13.7if possible, when these circumstances occur; |
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395 | 395 | | 13.8 (5) have support to be free from disciplinary action at school due to the foster youth's |
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396 | 396 | | 13.9foster care status. This can include but is not limited to detention or suspension regarding |
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397 | 397 | | 13.10lateness or absence from school due to foster care related circumstances; |
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398 | 398 | | 13.11 (6) not have the foster youth's scheduled activities, including school, disrupted by foster |
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399 | 399 | | 13.12care-related meetings and events, if possible, in accordance with the foster youth's preferences |
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400 | 400 | | 13.13or if there is a safety need or necessity; |
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401 | 401 | | 13.14 (7) only have the foster youth's foster care status or personal information disclosed to |
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402 | 402 | | 13.15necessary staff members at the foster youth's school; |
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403 | 403 | | 13.16 (8) have support in accessing quality education that is equivalent or better than what the |
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404 | 404 | | 13.17foster youth would receive if the foster youth were not in foster care. This may include |
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405 | 405 | | 13.18access to the materials and time needed to complete the foster youth's homework; |
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406 | 406 | | 13.19 (9) have support from the foster youth's family and permanency team to graduate high |
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407 | 407 | | 13.20school in a timely manner and in a similar timeframe to the foster youth's peers; |
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408 | 408 | | 13.21 (10) have support in enrolling in any accelerated and college-level courses and programs |
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409 | 409 | | 13.22the foster youth is qualified to enroll in, including timely support to prepare for postsecondary |
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410 | 410 | | 13.23education; |
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411 | 411 | | 13.24 (11) have support in accessing extra help and tutoring if needed; |
---|
412 | 412 | | 13.25 (12) make choices about the foster youth's classes in accordance with the foster youth's |
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413 | 413 | | 13.26school's requirements and policies; and |
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414 | 414 | | 13.27 (13) own or access to all necessary school supplies. |
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415 | 415 | | 13.28 Subd. 13.Activities.While in foster care, foster youth have a right to participate in |
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416 | 416 | | 13.29various activities. This includes a foster youth's right to: |
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417 | 417 | | 13.30 (1) be included in activities with the foster youth's placement, relatives, and friends. |
---|
418 | 418 | | 13.31This includes but is not limited to birthdays, special celebrations, holidays, and vacations; |
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419 | 419 | | 13Section 1. |
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420 | 420 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 14.1 (2) participate in age and developmentally appropriate activities that align with the foster |
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421 | 421 | | 14.2youth's preferences and to not be denied access to an activity based on the fact that the foster |
---|
422 | 422 | | 14.3youth is in foster care. This includes but is not limited to social activities, school events, |
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423 | 423 | | 14.4sports, arts programming, clubs, community activities, and other extracurriculars; |
---|
424 | 424 | | 14.5 (3) have support in ensuring continuation of activities if the foster youth's foster care |
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425 | 425 | | 14.6status or related circumstances affects the foster youth's participation or attendance; and |
---|
426 | 426 | | 14.7 (4) timely transportation to activities that is free of cost to the foster youth. |
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427 | 427 | | 14.8 Subd. 14.Case management and planning.While in foster care, foster youth have |
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428 | 428 | | 14.9rights regarding case management and planning. This includes a foster youth's right to: |
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429 | 429 | | 14.10 (1) a guardian ad litem and caseworker; |
---|
430 | 430 | | 14.11 (2) be involved with case planning, including having a current out-of-home placement |
---|
431 | 431 | | 14.12plan, receiving a copy of the placement plan, having the contents of the placement plan |
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432 | 432 | | 14.13explained to the foster youth in a developmentally appropriate and accessible manner, |
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433 | 433 | | 14.14helping create and edit the plan, and having it updated every six months and upon request; |
---|
434 | 434 | | 14.15 (3) receive contact information for the foster youth's caseworker and guardian ad litem, |
---|
435 | 435 | | 14.16to be able to contact them when desired and privately, and to receive a response that is |
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436 | 436 | | 14.17reasonably prompt; |
---|
437 | 437 | | 14.18 (4) timely, quality, and private visits with the foster youth's caseworker and guardian |
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438 | 438 | | 14.19ad litem at least in-person every 30 days, including if the foster youth is out of state; |
---|
439 | 439 | | 14.20 (5) be represented by and communicate with an attorney if the foster youth is ten years |
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440 | 440 | | 14.21of age or older, to have the right to an attorney be explained to the foster youth, to receive |
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441 | 441 | | 14.22contact information for the foster youth's attorney and contact them when desired and |
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442 | 442 | | 14.23confidentially, and to request and receive a new attorney, as available; |
---|
443 | 443 | | 14.24 (6) be supported in seeking equitable relief within the underlying dependency case; |
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444 | 444 | | 14.25 (7) know why the foster youth is in foster care and what will or might happen to the |
---|
445 | 445 | | 14.26foster youth while in foster care, explained to the foster youth by the agency in a |
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446 | 446 | | 14.27developmentally appropriate and accessible manner; |
---|
447 | 447 | | 14.28 (8) translation support for all court hearings, foster care-related meetings, and materials |
---|
448 | 448 | | 14.29if needed or requested; |
---|
449 | 449 | | 14.30 (9) participate in and attend all court hearings and receive transportation to court hearings. |
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450 | 450 | | 14.31This includes being told about the foster youth's right to attend court with as much advance |
---|
451 | 451 | | 14Section 1. |
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452 | 452 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 15.1notice as possible for each hearing, both by court administration in writing and verbally by |
---|
453 | 453 | | 15.2the foster youth's caseworker; |
---|
454 | 454 | | 15.3 (10) communicate with the court through the foster youth's family and permanency team |
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455 | 455 | | 15.4and attorney, if applicable, or directly in a court setting that is open to other parties; |
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456 | 456 | | 15.5 (11) if the foster youth has an attorney, to have court processes and participation explained |
---|
457 | 457 | | 15.6to the foster youth in an age and developmentally appropriate way; |
---|
458 | 458 | | 15.7 (12) have the foster youth's input prioritized in decision-making by the foster youth's |
---|
459 | 459 | | 15.8family and permanency team; |
---|
460 | 460 | | 15.9 (13) select two people to be on the foster youth's family and permanency team. Upon |
---|
461 | 461 | | 15.10the foster youth's request, these two people may attend meetings instead of the foster youth; |
---|
462 | 462 | | 15.11 (14) select one member of the foster youth's family and permanency team to be the foster |
---|
463 | 463 | | 15.12youth's advisor. This person can also advocate for the foster youth about how parenting |
---|
464 | 464 | | 15.13decisions will apply; |
---|
465 | 465 | | 15.14 (15) give input on where the foster youth will live, including: |
---|
466 | 466 | | 15.15 (i) being placed in the least restrictive placement possible. If the considerations regarding |
---|
467 | 467 | | 15.16the least restrictive placement change, other less restrictive placement options must be |
---|
468 | 468 | | 15.17evaluated; |
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469 | 469 | | 15.18 (ii) being in a placement that affirms and supports the foster youth's identities; |
---|
470 | 470 | | 15.19 (iii) requesting to have the placement changed if it is not affirming of the foster youth's |
---|
471 | 471 | | 15.20identities; |
---|
472 | 472 | | 15.21 (iv) having placement with the foster youth's relatives prioritized over nonrelatives in |
---|
473 | 473 | | 15.22accordance with the foster youth's preferences, as developmentally appropriate; |
---|
474 | 474 | | 15.23 (v) being in the same placement as any siblings, whenever possible; |
---|
475 | 475 | | 15.24 (vi) asking the court to consider a relative as the foster youth's adoptive placement; and |
---|
476 | 476 | | 15.25 (vii) not being placed in a juvenile detention facility for more than 24 hours due to foster |
---|
477 | 477 | | 15.26care status; |
---|
478 | 478 | | 15.27 (16) be placed in close geographical distance to any siblings to facilitate frequent and |
---|
479 | 479 | | 15.28meaningful contact, if placement together is not possible; |
---|
480 | 480 | | 15.29 (17) receive as much advance notice as possible before a transition to a new placement |
---|
481 | 481 | | 15.30and to be informed about what the foster youth can expect, including but not limited to |
---|
482 | 482 | | 15.31placement location and type, where the foster youth will sleep, if the foster youth will have |
---|
483 | 483 | | 15Section 1. |
---|
484 | 484 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 16.1roommates, and any changes in the foster youth's life that will result in this placement |
---|
485 | 485 | | 16.2change; |
---|
486 | 486 | | 16.3 (18) have support from the foster youth's caseworker to navigate how the foster youth |
---|
487 | 487 | | 16.4can obtain legal permanent residency or Tribal enrollment, if applicable; and |
---|
488 | 488 | | 16.5 (19) have support from the foster youth's family and permanency team to advocate for |
---|
489 | 489 | | 16.6the foster youth's rights. |
---|
490 | 490 | | 16.7 Subd. 15.Transition resources and support.While in foster care, foster youth have |
---|
491 | 491 | | 16.8rights regarding the transition to adulthood. This includes a foster youth's right to: |
---|
492 | 492 | | 16.9 (1) request, receive, and give input on an independent living plan once the foster youth |
---|
493 | 493 | | 16.10is 14 years of age and to review the foster youth's independent living plan regularly and |
---|
494 | 494 | | 16.11upon request; |
---|
495 | 495 | | 16.12 (2) receive appropriate resources to meet the objectives of the foster youth's independent |
---|
496 | 496 | | 16.13living plan, including but not limited to educational and vocational resources, mental and |
---|
497 | 497 | | 16.14physical health management, life skills, financial literacy, insurance, and social and |
---|
498 | 498 | | 16.15recreational skills; |
---|
499 | 499 | | 16.16 (3) remain or enroll in extended foster care until the foster youth is 21 years of age if |
---|
500 | 500 | | 16.17the foster youth does not have a legally permanent family when the foster youth is 18 years |
---|
501 | 501 | | 16.18of age and meets eligibility requirements. This may include being exempted due to a medical |
---|
502 | 502 | | 16.19condition, which can include a medical emergency, disability, childbirth, or pregnancy. If |
---|
503 | 503 | | 16.20the foster youth is eligible, the foster youth must be notified in writing of the enrollment at |
---|
504 | 504 | | 16.21least six months prior to the foster youth's 18th birthday. The foster youth will be |
---|
505 | 505 | | 16.22automatically enrolled into extended foster care on the foster youth's 18th birthday and |
---|
506 | 506 | | 16.23receive all associated support and benefits, unless the foster youth otherwise notifies the |
---|
507 | 507 | | 16.24foster youth's caseworker with a signed form created by the commissioner of children, |
---|
508 | 508 | | 16.25youth, and families; |
---|
509 | 509 | | 16.26 (4) receive notice at least 60 days before case management services end, or as soon as |
---|
510 | 510 | | 16.27the foster youth's caseworker or the court is aware, whichever is sooner, if the foster youth |
---|
511 | 511 | | 16.28is 18 years of age or older and under 24 years of age. The foster youth can appeal this |
---|
512 | 512 | | 16.29decision within the agency or the court to review the termination of case management |
---|
513 | 513 | | 16.30services; |
---|
514 | 514 | | 16.31 (5) request, receive, and give input on a transition plan, at least six months before the |
---|
515 | 515 | | 16.32foster youth ages out of foster care or if the foster youth is 17 years and six months of age. |
---|
516 | 516 | | 16.33This plan may include but is not limited to housing options; health insurance, including |
---|
517 | 517 | | 16Section 1. |
---|
518 | 518 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 17.1medical assistance; education options; mentoring opportunities; workforce supports and |
---|
519 | 519 | | 17.2employment services; a copy of the foster youth's consumer credit report; health care |
---|
520 | 520 | | 17.3directive; contact information if the foster youth needs help with a crisis situation before |
---|
521 | 521 | | 17.4the foster youth is 21 years old; and official documentation to show the foster youth was in |
---|
522 | 522 | | 17.5foster care. A foster youth has the right to receive support from the foster youth's caseworker |
---|
523 | 523 | | 17.6in accessing these services and resources; |
---|
524 | 524 | | 17.7 (6) request and receive social and medical history and genetic health conditions of the |
---|
525 | 525 | | 17.8foster youth's biological family, if available, upon discharge from foster care. If the foster |
---|
526 | 526 | | 17.9youth is 18 years of age or older when exiting foster care, to receive these records from the |
---|
527 | 527 | | 17.10foster youth's caseworker; |
---|
528 | 528 | | 17.11 (7) receive the foster youth's social security card; an official or certified copy of the |
---|
529 | 529 | | 17.12foster youth's birth certificate; a state identification card or driver's license; Tribal enrollment |
---|
530 | 530 | | 17.13identification card; green card or school visa; health insurance information; the foster youth's |
---|
531 | 531 | | 17.14health care records; a contact list of the foster youth's health care providers; social and |
---|
532 | 532 | | 17.15educational history and records; and contact information for the foster youth's siblings, if |
---|
533 | 533 | | 17.16they are in foster care, at no cost to the foster youth if the foster youth is 18 years of age or |
---|
534 | 534 | | 17.17older when exiting foster care; |
---|
535 | 535 | | 17.18 (8) support in obtaining the foster youth's vital documents from the foster youth's |
---|
536 | 536 | | 17.19caseworker, as age-appropriate, at no cost to the foster youth; |
---|
537 | 537 | | 17.20 (9) maintain employment or professional development opportunities, in accordance with |
---|
538 | 538 | | 17.21the law and to receive support in accessing transportation to and from these opportunities |
---|
539 | 539 | | 17.22that is free or low cost to the foster youth; |
---|
540 | 540 | | 17.23 (10) have support to enroll in and attend a driver's education class and take a permit and |
---|
541 | 541 | | 17.24driver's license test, as many attempts as it may take, that is free of cost to the foster youth; |
---|
542 | 542 | | 17.25 (11) own a car, in accordance with the law, and be provided with support by the agency |
---|
543 | 543 | | 17.26to obtain car insurance; |
---|
544 | 544 | | 17.27 (12) as reasonably known by the foster youth's caseworker, be notified by the agency |
---|
545 | 545 | | 17.28of all benefits that the foster youth is eligible to receive during the foster youth's time in |
---|
546 | 546 | | 17.29foster care at the point when the foster youth is eligible and every six months after and be |
---|
547 | 547 | | 17.30supported in accessing them. This includes but is not limited to fostering independence |
---|
548 | 548 | | 17.31grants, education training voucher, free application for federal student aid, fostering youth |
---|
549 | 549 | | 17.32independence voucher, medical assistance, and extended foster care; |
---|
550 | 550 | | 17Section 1. |
---|
551 | 551 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 18.1 (13) be notified in person by the legally responsible agency and the guardian ad litem, |
---|
552 | 552 | | 18.2and in a manner that best helps the foster youth understand the information, when a |
---|
553 | 553 | | 18.3financially responsible agency receives benefits on behalf of the foster youth if the foster |
---|
554 | 554 | | 18.4youth is 13 years of age or older; |
---|
555 | 555 | | 18.5 (14) request and receive, in accordance with the law, the foster youth's foster care records |
---|
556 | 556 | | 18.6upon discharge from foster care or transition to extended foster care, and if the foster youth |
---|
557 | 557 | | 18.7is 13 years of age or older, to receive official documentation that shows the foster youth |
---|
558 | 558 | | 18.8was in foster care; |
---|
559 | 559 | | 18.9 (15) request and be notified if the foster youth has any personal effects that are in the |
---|
560 | 560 | | 18.10foster youth's file, which may include pictures, letters, notes, or other personal effects; |
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561 | 561 | | 18.11 (16) have support from the foster youth's caseworker to ensure the foster youth has and |
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562 | 562 | | 18.12can maintain safe and stable housing while the foster youth is enrolled in extended foster |
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563 | 563 | | 18.13care; and |
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564 | 564 | | 18.14 (17) be enrolled in medical assistance throughout the foster youth's time in foster care, |
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565 | 565 | | 18.15including extended foster care. If the foster youth is in the foster care system when the foster |
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566 | 566 | | 18.16youth turns 18 years of age, the foster youth has a right to maintain eligibility for medical |
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567 | 567 | | 18.17assistance until the foster youth turns 26 years of age. |
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568 | 568 | | 18.18 Subd. 16.Pregnant and parenting.While in foster care, foster youth who are pregnant |
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569 | 569 | | 18.19or parenting have rights. This includes a foster youth's right to: |
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570 | 570 | | 18.20 (1) legal and physical custody of the foster youth's child, unless otherwise determined |
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571 | 571 | | 18.21by a court order; |
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572 | 572 | | 18.22 (2) receive clear and accurate information regarding the foster youth's parental rights |
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573 | 573 | | 18.23from the foster youth's caseworker; |
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574 | 574 | | 18.24 (3) be informed of the foster youth's legal rights relating to paternity and child support, |
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575 | 575 | | 18.25and to receive support in engaging with related court processes upon request by the foster |
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576 | 576 | | 18.26youth; |
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577 | 577 | | 18.27 (4) have support from the foster youth's family and permanency team in maintaining the |
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578 | 578 | | 18.28foster youth's parental rights through: |
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579 | 579 | | 18.29 (i) accessing any resources needed to adequately and safely care for the foster youth's |
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580 | 580 | | 18.30child, including affordable child care; |
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581 | 581 | | 18Section 1. |
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582 | 582 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 19.1 (ii) ensuring that the foster youth's absence from school due to pregnancy, birth, or |
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583 | 583 | | 19.2parenting circumstances does not result in punishment or a delay in the foster youth's |
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584 | 584 | | 19.3educational development and progress; and |
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585 | 585 | | 19.4 (iii) accessing health care appointments and services for the foster youth and the foster |
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586 | 586 | | 19.5youth's children, including transportation that is at no cost to the foster youth; |
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587 | 587 | | 19.6 (5) access services to support the foster youth's birth plan and postpartum needs and |
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588 | 588 | | 19.7resources needed to ensure these services are free or low-cost to the foster youth; |
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589 | 589 | | 19.8 (6) access resources to establish a health care directive and will for the foster youth and |
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590 | 590 | | 19.9the foster youth's children; |
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591 | 591 | | 19.10 (7) access proper and reasonable accommodations in school and work if the foster youth |
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592 | 592 | | 19.11becomes pregnant or parenting while in foster care; |
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593 | 593 | | 19.12 (8) determine the foster youth's own birth and parenting plans, in collaboration with the |
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594 | 594 | | 19.13foster youth's birth services provider, and that is aligned with the foster youth's religious, |
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595 | 595 | | 19.14spiritual, cultural, racial, and ethnic identities; |
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596 | 596 | | 19.15 (9) certain rights if the foster youth is not the primary caregiver of the foster youth's |
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597 | 597 | | 19.16child, which include: |
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598 | 598 | | 19.17 (i) support to coparent, if and when possible and safe; |
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599 | 599 | | 19.18 (ii) support in attending regular visitations and overnights with the foster youth's children |
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600 | 600 | | 19.19in the foster youth's choice of location, in accordance with custody orders; and |
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601 | 601 | | 19.20 (iii) regular contact with the foster youth's child, which may include in-person and virtual |
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602 | 602 | | 19.21visits, phone calls, and letters; |
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603 | 603 | | 19.22 (10) not be coerced into terminating the foster youth's parental rights. The foster youth |
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604 | 604 | | 19.23should not have to choose between staying in the foster youth's placement, receiving services, |
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605 | 605 | | 19.24or accessing basic needs, and maintaining the foster youth's parental rights; |
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606 | 606 | | 19.25 (11) be placed with the foster youth's children in a setting as family-like as possible; |
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607 | 607 | | 19.26 (12) provide recommendations of where the foster youth would like the foster youth's |
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608 | 608 | | 19.27children to live if the foster youth's children are removed from the foster youth's care or the |
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609 | 609 | | 19.28foster youth willingly chooses to release them from the foster youth's care; |
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610 | 610 | | 19.29 (13) not have the foster youth or the foster youth's children drug tested solely due to the |
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611 | 611 | | 19.30foster youth's foster care status, in accordance with the law; and |
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612 | 612 | | 19.31 (14) only be subjected to a paternity test as authorized by law. |
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613 | 613 | | 19Section 1. |
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614 | 614 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 20.1 Subd. 17.Feedback, complaints, and grievances.While in foster care, foster youth |
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615 | 615 | | 20.2have the right to information and to give feedback regarding the foster youth's rights. This |
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616 | 616 | | 20.3includes a foster youth's right to: |
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617 | 617 | | 20.4 (1) confidentially provide feedback, share a concern, make a complaint, or file a grievance |
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618 | 618 | | 20.5and have that feedback be directed to the foster youth's placement, the agency, the Office |
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619 | 619 | | 20.6of the Foster Youth Ombudsperson, or another complaint body. These can be related to: |
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620 | 620 | | 20.7 (i) the conduct of a person on the foster youth's family and permanency team; |
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621 | 621 | | 20.8 (ii) the quality of care received in the foster youth's foster care placement; |
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622 | 622 | | 20.9 (iii) services the foster youth is receiving or should be receiving; |
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623 | 623 | | 20.10 (iv) if previously shared concerns, complaints, or feedback are unresolved; and |
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624 | 624 | | 20.11 (v) a violation or confusion regarding the rights enumerated under this section; |
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625 | 625 | | 20.12 (2) file a complaint or grievance regarding the foster youth's caseworker, guardian ad |
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626 | 626 | | 20.13litem, attorney, or placement. The foster youth may request instructions on submitting a |
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627 | 627 | | 20.14complaint or grievance from any person on this list or the Office of the Foster Youth |
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628 | 628 | | 20.15Ombudsperson. The instructions must include: |
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629 | 629 | | 20.16 (i) who to address a complaint to; |
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630 | 630 | | 20.17 (ii) the manner to bring a complaint forward; |
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631 | 631 | | 20.18 (iii) the timeframe to expect to receive a response; |
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632 | 632 | | 20.19 (iv) possible actions that may be taken as a result of the complaint; and |
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633 | 633 | | 20.20 (v) that the foster youth cannot face any retaliation, punishment, or discrimination as a |
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634 | 634 | | 20.21result of exercising this right; |
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635 | 635 | | 20.22 (3) receive materials related to the foster youth's rights, which must include: |
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636 | 636 | | 20.23 (i) materials relating to the bill of rights under this section and the Office of the Foster |
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637 | 637 | | 20.24Youth Ombudsperson, in a format specified by the Office of the Foster Youth Ombudsperson; |
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638 | 638 | | 20.25 (ii) receiving the materials under item (i) from the foster youth's caseworker when |
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639 | 639 | | 20.26entering or re-entering foster care and at least every six months, or upon the foster youth's |
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640 | 640 | | 20.27request; |
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641 | 641 | | 20.28 (iii) signing a verification that the foster youth has received the materials under item (i) |
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642 | 642 | | 20.29every six months; and |
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643 | 643 | | 20Section 1. |
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644 | 644 | | 25-05185 as introduced03/25/25 REVISOR XX/DG 21.1 (iv) a copy of the bill of rights under this section that is easily accessible to the foster |
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645 | 645 | | 21.2youth, either posted in a common area or the foster youth's own copy; |
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646 | 646 | | 21.3 (4) have any person file a grievance with the Office of the Foster Youth Ombudsperson |
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647 | 647 | | 21.4on the foster youth's behalf; |
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648 | 648 | | 21.5 (5) ask for anything the foster youth needs, including the rights under this section or |
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649 | 649 | | 21.6under any other law. The foster youth must not be retaliated against or disciplined for asking |
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650 | 650 | | 21.7for, accessing, reporting, or raising concern about accessing the rights under this section or |
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651 | 651 | | 21.8any other law. The rights under this section or any other law must not be taken away from |
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652 | 652 | | 21.9the foster youth as discipline or retaliation; |
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653 | 653 | | 21.10 (6) receive intervention and remedy if the foster youth's rights are being violated. If a |
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654 | 654 | | 21.11person is in violation of the foster youth's rights under this section or any other law, and the |
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655 | 655 | | 21.12caseworker is aware, the caseworker must intervene and remedy the violation of rights to |
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656 | 656 | | 21.13the extent possible. If the foster youth's caseworker is in violation of the foster youth's rights, |
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657 | 657 | | 21.14the agency must intervene and remedy the violation of rights to the extent possible. The |
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658 | 658 | | 21.15foster youth may be present, at the foster youth's option, during meetings or hearings |
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659 | 659 | | 21.16regarding the violation of the foster youth's rights; |
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660 | 660 | | 21.17 (7) if the foster youth reports any violation of rights to the foster youth's family and |
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661 | 661 | | 21.18permanency team, to have the family and permanency team to report the violation of the |
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662 | 662 | | 21.19foster youth's rights to the foster youth's caseworker, or if the caseworker is violating the |
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663 | 663 | | 21.20rights of the foster youth, to the agency. The foster youth's caseworker or the agency must |
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664 | 664 | | 21.21submit any reported violation to the court; and |
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665 | 665 | | 21.22 (8) have the juvenile court issue any necessary orders to any party, including the agency, |
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666 | 666 | | 21.23any state agency, guardian ad litem, foster parents, or placement provider, upon appropriate |
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667 | 667 | | 21.24motion by any party, to ensure the foster youth is provided with the rights enumerated under |
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668 | 668 | | 21.25this section. |
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669 | 669 | | 21.26 EFFECTIVE DATE.This section is effective the day following final enactment. |
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670 | 670 | | 21Section 1. |
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671 | 671 | | 25-05185 as introduced03/25/25 REVISOR XX/DG |
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