Minnesota Law That Impacts Children with Special Needs

Minnesota Law that Impacts Children with Special Needs

Definitions

· Minn. Stat. § 518A.26. Definition of “Child” in terms of Child Support

Subdivision 1. Terms. — For the purposes of this chapter and chapter 518, the terms defined in this section shall have the meanings respectively ascribed to them.

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Subd. 5. Child. — “Child” means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.

· Minn. Stat. § 260C.007. Developmental Disability Defined

Subd. 12. Developmental disability. “Developmental disability” means developmental disability as defined in United States Code, title 42, section 6001(8).

· U.S.C. 42 § 6001(8). Developmental Disability Defined

The term “developmental disability” means a severe, chronic disability of an individual 5 years of age or older that—

(A) is attributable to a mental or physical impairment or combination of mental and physical impairments;

(B) is manifested before the individual attains age 22;

(D) results in substantial functional limitations in three or more of the following areas of major life activity—

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living; and

(vii) economic self-sufficiency; and

(E) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

· Minn. Stat. § 259A.10.- Special Needs Defined for Adoption Assistance

Subd. 2. Special needs determination.

(a) A child is considered a child with special needs under this section if all of the requirements in paragraphs (b) to (g) are met.

(b) There has been a determination that the child cannot or should not be returned to the home of the child's parents as evidenced by:

(1) court-ordered termination of parental rights;

(2) petition to terminate parental rights;

(3) consent of parent to adoption accepted by the court under chapter 260C;

(4) in circumstances where tribal law permits the child to be adopted without a termination of parental rights, a judicial determination by tribal court indicating the valid reason why the child cannot or should not return home;

(5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment occurred in another state, the applicable laws in that state; or

(6) death of the legal parent, or parents if the child has two legal parents.

(c) There exists a specific factor or condition because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance as evidenced by:

(1) determination by the Social Security Administration that the child meets all medical or disability requirements of title XVI of the Social Security Act 2 with respect to eligibility for Supplemental Security Income benefits;

(2) documented physical, mental, emotional, or behavioral disability not covered under clause (1);

(3)a member in a sibling group being adopted at the same time by the same parent;

(4) adoptive placement in the home of a parent who previously adopted a sibling for whom they receive adoption assistance; or

(5) documentation that the child is an at-risk child.

(d) A reasonable but unsuccessful effort was made to place the child with adoptive parents without providing adoption assistance as evidenced by:

(1) a documented search for an appropriate adoptive placement; or

(2) determination by the commissioner that a search under clause (1) is not in the best interests of the child.

(e) The requirement for a documented search for an appropriate adoptive placement under paragraph (d), including the registration of the child with the State Adoption Exchange and other recruitment methods under paragraph (f), must be waived if:

(1) the child is being adopted by a relative and it is determined by the child-placing agency that adoption by the relative is in the best interests of the child;

(2) the child is being adopted by a foster parent with whom the child has developed significant emotional ties while in their care as a foster child and it is determined by the child-placing agency that adoption by the foster parent is in the best interests of the child; or

(3) the child is being adopted by a parent that previously adopted a sibling of the child, and it is determined by the child-placing agency that adoption by this parent is in the best interests of the child. When the Indian Child Welfare Act applies, a waiver must not be granted unless the child-placing agency has complied with the placement preferences required by the Indian Child Welfare Act according to United States Code, title 25, section 1915(a).

(f) To meet the requirement of a documented search for an appropriate adoptive placement under paragraph (d),clause (1), the child-placing agency minimally must:

(1) conduct a relative search as required by section 260C.221 and give consideration to placement with a relative as required by section 260C.212, subdivision 2;

(2) comply with the adoptive placement preferences required under the Indian Child Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section 1915(a), applies;

(3) locate prospective adoptive families by registering the child on the State Adoption Exchange, as required under section 259.75; and

(4) if registration with the State Adoption Exchange does not result in the identification of an appropriate adoptive placement, employ additional recruitment methods, as outlined in requirements and procedures prescribed by the commissioner.

(g) Once the child-placing agency has determined that placement with an identified parent is in the child's best interest and has made full written disclosure about the child's social and medical history, the agency must ask the prospective adoptive parent if they are willing to adopt the child without adoption assistance. If the identified parent is either unwilling or unable to adopt the child without adoption assistance, the child-placing agency must provide documentation as prescribed by the commissioner to fulfill the requirement to make a reasonable effort to place the child without adoption assistance. If the identified parent desires to adopt the child without adoption assistance, the parent must provide a written statement to this effect to the child-placing agency and the statement must be maintained in the permanent adoption record of the child-placing agency. For children under guardianship of the commissioner, the child-placing agency shall submit a copy of this statement to the commissioner to be maintained in the permanent adoption record.

Child Support

· Minn. Stat. § 518A.35.3. Guideline Used in Child Support Determination

Subd. 3. Income cap on determining basic support.

(a) The basic support obligation for parents with a combined parental income for determining child support in excess of the income limit under subdivision 2 must be the same dollar amount as provided for the parties with a combined parental income for determining child support equal to the income limit under subdivision 2.

(b) A court may order a basic support obligation in a child support order in an amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability or other substantial, demonstrated need for the additional support for those reasons set forth in section 518A.43 and that the additional support will directly benefit the child.

· Minn. Stat. § 518A.43.1. Deviations From Child Support Guidelines

Subdivision 1.General factors.—Among other reasons, deviation from the presumptive child support obligation computed under section 518A.34 is intended to encourage prompt and regular payments of child support and to prevent either parent or the joint children from living in poverty. In addition to the child support guidelines and other factors used to calculate the child support obligation under section 518A.34, the court must take into consideration the following factors in setting or modifying child support or in determining whether to deviate upward or downward from the presumptive child support obligation:

(1)all earnings, income, circumstances, and resources of each parent, including real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of section 518A.29, paragraph (b);

(2)the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child to be supported;

(3)the standard of living the child would enjoy if the parents were currently living together, but recognizing that the parents now have separate households;

(4)whether the child resides in a foreign country for more than one year that has a substantially higher or lower cost of living than this country;

(5)which parent receives the income taxation dependency exemption and the financial benefit the parent receives from it;

(6)the parents’ debts as provided in subdivision 2; and

(7)the obligor’s total payments for court-ordered child support exceed the limitations set forth in section 571.922.

Support for Disabled Adult-Child (Post Minority Age Support)

· Minn. Stat. § 518A.26. Definition of “Child” in terms of Child Support

Subdivision 1. Terms. — For the purposes of this chapter and chapter 518, the terms defined in this section shall have the meanings respectively ascribed to them.

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Credit for Child Support from Supplemental Security Income

· In re Welfare of J.M.F., 381 N.W.2d 488 (Minn. Ct. App. 1986).

The delinquent son had been in a foster home because of the inability of the mother to cope with his behavior. Pursuant to a request by the son's probation officer and Social Services, a hearing was held to determine if the child could once again be placed in the mother's home. The mother had no formal notice of the hearing until written notice was handed to her at the hearing. That notice referred only to the delinquency petition and did not mention the possibility that she could be ordered to reimburse the county for his support. Reversing the trial court's order, the court held that the trial court erred in considering Supplemental Security Income (SSI) benefits the mother received because another son had a vision disability. There was no evidence to substantiate the county's claim that the mother had used these benefits to support the delinquent son. The SSI payments for the benefit of the son were not "payments to an individual" under Minn. Stat. § 518.54, subd. 6 (1984), and could not be considered in determining the mother's income. Additionally, the mother did not have a meaningful opportunity to be heard as required by Minn. Stat. § 260.251, subd. 1(3)(c).

Custody, Visitation, and Relocation

· Minn. Stat. § 518.17.Subd 1-3. Custody and Support of Children on Judgment

[Effective August 1, 2015]

Subdivision 1. The best interests of the child.

(a) “The best interests of the child” means all relevant factors to be considered and evaluated by the court including:

(1) the wishes of the child’s parent or parents as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

(3) the child’s primary caretaker;

(4) the intimacy of the relationship between each parent and the child;

(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;

(6) the child’s adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;

(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;

(11) the child’s cultural background;

(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.

(b) The court shall not consider conduct of a proposed custodian that does not affect the custodian’s relationship to the child.

Subd. 1a. Evidence of false allegations of child abuse. — The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child.

Subd. 2. Factors when joint custody is sought.

(a) There is no presumption for or against joint physical custody, except when domestic abuse, as defined in section 518B.01, has occurred between the parents.

(b) In addition to the factors listed in subdivision 1, where either joint legal or joint physical custody is contemplated or sought, the court shall consider the following relevant factors:

(1) the ability of parents to cooperate in the rearing of their children;