By Matthew Dooley
The 2023 legislative session brought major changes to the child welfare system in Minnesota, including the establishment of a new state agency, greater investments in children and families, and changes to regulations and licensing. This summary was compiled from language found in the Department of Human Services 2023 Summary.
Creation of the Department of Children, Youth, and Families
The newly-created Department of Children, Youth, and Families (DCYF) begins its role as a cabinet-level agency this summer. The transition of duties from current agencies responsible for children, youth, and families to the DCYF will occur between July 1 and July 1, 2025. The work of the Child Safety and Permanency Division is included in this transition to DCYF. Learn more at the Implementation Office for the Department of Children, Youth and Families.
Investing in Tribal Child Welfare
Tribal Nations and urban Indian organizations will receive increased funding in 2024. This includes funds to respond to notices from child welfare agencies, implement tribe-specific welfare programs, and to add staff to the American Indian Wellbeing unit of the Child Safety and Permanency division. This unit will work to expand culturally responsive services for American Indian children and families, serve as American Indian liaison between the judicial branch and department, and address backlogged compliance issues between county, federal, and state requirements. In addition to the increased funding, several amendments were made to codify federal Indian Child Welfare Act provisions into Minnesota state law.
Funding for Early Childhood and Community Resource Centers
The legislature provided 7.1 million dollars to the commissioner of human services to fund new grants to support Community Resource Centers. These centers serve as a point of entry for families to obtain culturally responsive programming and services. A Community Resource Center Advisory Council will assist the commissioner of human services and other state agencies in distributing grants. Community organizations, Tribal Nations, urban Indian organizations, counties, and schools can apply.
The legislature increased funding for the Early Learning Scholarships program to expand eligibility and scholarships. Starting July 1, 2024, families with at least one child receiving child protective services become eligible regardless of income, and as of January 1, 2024, the age limit was raised to include all children not enrolled in kindergarten and not age 5 by September 1 of the current year.
The Child Care Assistance Program (CCAP) helps families pay for costs associated with child care. Beginning August 25, 2024, foster parents, relative custodians, and successor custodians will be eligible to apply for CCAP.
The 2023 Legislature increased the maximum rates and registration fees for the Child Care Assistance Program to the 75th percentile of the most recent child care provider rate survey. This is especially relevant for adoptive families receiving legacy adoption assistance under Minnesota Statutes, Chapter 259A, as it affects child care reimbursement rates. View details here and email dhs.ccap@state.mn.us or call 651-431-3809 to learn more.
Child Maltreatment Reporting and Screening
The legislature amended language and the classification of child endangerment in Minnesota law, and expanded membership criteria to include community-based partners within the multidisciplinary teams working to address sex trafficking. New child response paths were created under Minnesota statute to make law enforcement solely responsible for investigating alleged offenders, as well as amending specific responsibilities of local welfare agencies. Maltreatment screening guidelines were also updated. The Task Force on Pregnancy Health and Substance Abuse Disorders was established, and its report will be due to the legislature on December 1, 2024. Learn more about these changes at Minnesota’s Safe Harbors.
Family First Prevention Services Act
The legislature appropriated funding to continue supporting efforts to implement the act–notably, a grant program for Kinship Navigator programs, a grant program for community-based agencies for prevention and early intervention, and separate grant to support federally recognized Tribes to also implement similar programs under the Act.
The term “aftercare support” was expanded to include clinical care consultation and mental health certified family peer specialist services under qualified residential treatment programs. The legislature also provided funding to contract with a community-based agency to manage daily operations of a state-funded qualified individual program, to cover costs associated with training, certification, and background studies.
Foster Care, Permanency, and Adoption
A grant program to implement Quality Parenting Initiative practices was established, as well as one-time funding for direct grants to support independent living services for eligible youth in or previous in out-of-home placement under the STAY in Community program. An office of Appellate Counsel and Training was established as an independent state office to provide legal representation to parents in juvenile protection matters and Tribal court jurisdictions, establish and provide training for parent attorneys, and secure federal Title IV-E funding for counties and Tribes to reduce the cost of appellate representation.
The legislature also made major changes concerning adult adoptees’ abilities to access their original birth records. As of Aug. 1, 2023, birth parents named on an adopted person’s original Minnesota birth record may indicate their preference for contact by their adult adopted child by submitting a Birth Parent Contact Preference Form, and all existing affidavits of disclosure or non-disclosure will expire June 30, 2024, regardless of the date they were filed. More information here.
Research and Planning for Child Welfare Investments
The legislature appropriated funds for the commissioner to plan the disbursement of federal cash benefits to children in foster care. The commissioner must consult with county and Tribal agencies, advocates, parents, caregivers, youth, and experts in asset and trust management and submit a report to the legislature by January 15, 2025. The legislature also provided funds for the commissioner to review the Social Services Information System with an independent consultant and local service agencies, and to provide updates in the annual report on October 1.
The legislature directed the commissioner to disseminate a survey and county social service providers by September 1, 2023 to collect data from 2018 to 2022 regarding the number of children placed through the Interstate Compact on the Placement of Children in a children’s residential facility in another state, as well as the associated costs and county, state, and federal contributions, submitting a legislative report on the data gathered by March 1, 2024.