Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Request for foster care payments.
If a relative who is caring for a child contacts the county
and requests foster care services or payments, the county must give the
relative a written notice explaining:
A. that if the relative believes the child in
the relative's care needs child protective services, the relative may contact
the county to make a child protection report, how the contact can be made, and
that the county will determine if child protective services are required and,
if so, what those services shall be; and
B. that if the relative believes the county
has placed the child in the relative's home pursuant to a court order or a
voluntary placement agreement and the relative is not receiving foster care
payments on the child's behalf, the relative may request payments. The county
must enclose a "Request for Foster Care Payment Based on Placement" form for
that purpose. The form must include a statement that the county will approve or
deny the request within 30 days.
Subp. 2.
Response to request for foster
care payments.
Within 30 days of receiving a request for foster care
payments on the form provided under subpart
1, item B, the county must
evaluate the request and provide a written notice to the relative. The notice
must include:
A. a statement of the
county's decision of approval or denial and an explanation for the
decision;
B. a statement of the
legal authority for the decision;
C. a statement that the relative has a right
to a fair hearing review by the department;
D. the procedure for seeking
review;
E. a statement describing
the scope of review; and
F. a name
and telephone number of a contact person at the county.
Subp. 3.
Review of claims of erroneous
benefits.
Before or at the time of mailing the first foster care
payment to a foster care provider, the county must give the foster care
provider a written notice that includes:
A. a statement of and explanation for the
starting date of the payments;
B.
the amount of room and board;
C.
the amount of any difficulty-of-care payment, if any, and an explanation of the
manner in which the difficulty-of-care payment was calculated;
D. an explanation of any offset for public
assistance paid;
E. a statement of
legal authority;
F. a statement
that the foster care provider has a right to a fair hearing review by the
department;
G. a statement
describing the scope of review; and
H. a name and telephone number of a contact
person at the county.
Subp.
4.
Notice of initial assessment of difficulty of
care.
As soon as reasonably practicable following the initiation of
foster care placement of a child, the county must perform the
difficulty-of-care (DOC) assessment required under part
9560.0653. Upon completion of the
assessment, the county must give the child's foster care provider a written
notice that includes:
A. a statement
of the DOC rating assigned by the county and the dollar value of the rating
assigned;
B. the method of
assessment; this requirement may be satisfied by giving the foster care
provider a copy of the DOC assessment instrument completed for the child by the
county;
C. a statement of the legal
authority for the rating;
D. a
statement of the circumstances under which the agency must reassess a child as
required by part
9560.0650, subpart
6;
E. the procedure for seeking a reassessment;
and
F. a statement that, following
reassessment, a foster care provider has a right to a fair hearing review of
the reassessment by the department.
Subp. 5.
Review of reassessment of
difficulty-of-care (DOC) rating.
Upon reassessment of a child's difficulty-of-care (DOC)
rating, the county must give written notice to the foster care provider. The
notice must include:
A. the prior DOC
rating;
B. the new DOC
rating;
C. the effective date of
the rating; this date may precede the request for reassessment when supported
by evidence;
D. the reason for the
new rating, a copy of the completed DOC assessment instrument will be
sufficient;
E. the reason for the
effective date;
F. a statement of
the legal authority for the assessment;
G. a statement that the foster care provider
has the right to a fair hearing review by the department;
H. the procedure for seeking
review;
I. a statement describing
the scope of review; and
J. a
statement that a foster care provider who requests review of the proposed
change in the DOC rating within ten days of the date of the notice may also
request that foster care payments continue at the provider's current level
pending fair hearing review, but if the county's proposed action is sustained
upon review, the agency may recover any overpayment paid.
Subp. 6.
Notice and review of reduction
of days covered.
When the county reduces foster care payments or provides
foster care payments for fewer days than the foster care provider requested,
the county must provide a written notice to the provider. The notice must
include:
A. a statement of the
reduction in payment or of the number of days for which a check is being
issued;
B. an explanation of the
reason for the reduction or the number of days;
C. a statement of the legal authority for the
decision;
D. a statement that the
foster care provider has a right to a fair hearing review by the
department;
E. the procedure for
seeking review;
F. a statement
describing the scope of review;
G.
in the case of reduction in payment, a statement that a foster care provider
who requests review of the proposed reduction in payment within ten days of the
notice may request that foster care payments continue at the current level
pending fair hearing review, but if the county's proposed action is sustained
upon review, the agency may recover any overpayments; and
H. a name and telephone number of a contact
person at the county.
Subp.
7.
Notice of termination.
When the county terminates foster care payments to a foster
care provider, the county must send written notice to the foster care provider.
The notice must be provided with the final voucher the county sends to the
foster care provider if possible, but in all cases, at least ten days before
the first month in which no payment will be made. The written notice must
include:
A. the date after which
foster care payments will not be made;
B. the reason the county will terminate
payments, and the event on which the county bases its determination that the
placement ended;
C. a statement of
the legal authority for the decision;
D. a statement that the foster care provider
has a right to a fair hearing review by the department;
E. the procedures for seeking
review;
F. a statement describing
the scope of the review;
G. a
statement that:
(1) a foster care provider who
requests a hearing within ten days of the date of the notice may request that
the foster care payments on the child's behalf continue pending fair hearing
review if the request indicates in writing that the child remains in the foster
care provider's care;
(2) payments
will continue only so long as the child remains in the foster care provider's
care; and
(3) if the county's
action to terminate the benefits is sustained upon review, the agency may
recover from the foster care provider any amounts paid pending review;
and
H. a name and
telephone number of a contact person at the county.
Subp. 8.
Requesting a hearing.
After receiving notice under subparts
2 to
7, foster care providers or
relative custodians who want a fair hearing review of a decision by the county
must submit a written request for a hearing to the department within 30 days of
receiving the notice, or within 90 days of receiving the notice if good cause
can be shown why the request was not made within 30 days. Foster care providers
may also seek fair hearing review of a request for foster care payments or
reassessment of DOC if they do not receive written notice of the county's
decision on their request within a reasonable time.
Subp. 9.
Scope of review.
The scope of hearings involving claims to foster care
payments shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement
agreement, and, if so, the correct amount of foster care payment to be made on
the child's behalf. The hearing shall not include review of the propriety of
the county's child protection determination or child placement decision.
Statutory Authority: MS s 257.071; 257.072;
260C.212;
260C.215
