Northstar Care for Children: Promoting Permanency through Benefit Uniformity and Equalization by Anne Tyler Gueinzius, Managing Attorney and Alexandra Meyer, William Mitchell Law School Student (J.D. Candidate 2016) The ultimate goal for youth in foster care is to achieve permanency through a number of legally recognized avenues. Studies have repeatedly shown that children in foster care who do not achieve a safe, stable, and supportive home through permanency fare worse than foster care youth who successfully achieve permanency.1 In Minnesota, permanency is primarily defined as termination of parental rights followed by adoption, transfer of legal custody to a relative, permanent custody to the agency (PCA) or temporary legal custody to the agency for a specified period of time no longer than a year.2 Minnesota has now established a new child protection benefit program to promote permanency by changing the process for temporary foster home placements, adoptions and transfers of legal and physical custody to a relative. Minnesota’s Northstar Care for Children Act (hereinafter “Northstar”), went into effect on January 1, 2015. Northstar seeks to help more children grow up in safe and permanent homes. Specifically, Northstar hopes to shorten the time children wait in foster care prior to achieving permanency by removing the financial incentive for caretakers to have children remain in foster care for a significant period of time.3 Prior to Northstar, when foster parents became a child’s permanent family through adoption or transfer of legal custody, the financial benefits available to care for the child were reduced by half or more than if that same child were to simply remain in foster care long term. 4 This financial reduction in benefits to caregivers has been a serious barrier to children achieving permanency through adoptions and transfers of legal and physical custody.5 Northstar requires the use of a new assessment tool in order to equalize benefit payments to foster care providers, relatives with legal or physical custody, and adoptive parents. This new assessment tool is called the Minnesota Assessment of Parenting for Children and Youth (hereinafter “MAPCY”). MAPCY focuses on a child’s needs and strengths and the level of care necessary to meet the child’s needs regardless of legal arrangements supporting the child’s living circumstances.6 This new assessment tool seeks to make financial benefits to caregivers more consistent and is aimed at ensuring that a child’s individualized needs are met. Thus, Northstar has now modified the requirements and eligibility for caretakers of foster care youth. Since Northstar significantly alters the financial benefits and licensing requirements for caregivers of Minnesota’s foster care youth, court practice and processes will change. This practice point will provide an overview of Northstar and will highlight Northstar’s anticipated changes in practice. Minnesota Assessment of Parenting for Children and Youth (MAPCY) 1 See, MARK E. COURTNEY, ET AL., MIDWEST EVALUATION OF THE ADULT FUNCTIONING OF FORMER FOSTER YOUTH: OUTCOMES AT AGE 23 AND 24 (2010), available at http://www.chapinhall.org/sites/default/files/Midwest_Study_Age_23_24.pdf. See also, Lucy Wieland & Jenny L. Nelson, Aging Out of Foster Care: How Extended Foster Care for Youth Eighteen to TwentyOne Has Fostered Independence, 40 WM. MITCHELL L. REV. 1115, 1117 (2014). 2 Minn. Stat. § 260C.515 (2014); See also, Anne Gueinzius & Julia Hillel, Permanency Best Practices for Minnesota’s Foster Care Youth, 40 WM. MITCHELL L. REV. 1083 (2014). 3 See generally, MINN. DEP’T OF HUMAN SERVS., NORTHSTAR CARE FOR CHILDREN: SUPPORTING SAFE, PERMANENT FAMILIES FOR CHILDREN, PRACTICE GUIDE, 1 (2014) 4 Id. at 2. 5 Id. 6 Ann Ahlstrom, Northstar Care for Children for Court Stakeholders 1 (MINN. DEP’T OF HUMAN SERVS., 2014). 1 MAPCY is the new uniform assessment tool that will now be used to determine the amount of financial support provided for a child in a family foster care home, an adoptive home, a home where permanent custody is transferred or a supervised independent living arrangement for youth in extended foster care. MAPCY does not apply to residential shelter programs, group homes, or residential treatment placements for foster care youth.7 MAPCY seeks to uniformly measure the care and parenting of foster parents, relative custodians or adoptive parents.8 Previously, the amount of financial assistance to caregivers was measured by focusing on the child’s difficulties and legal status. For example, a child with significant needs in long term foster care, now PCA, used to receive a significantly higher amount for a monthly foster care payment than the monthly amount for a child whose custody was transferred to a relative. In general, the latter would not receive monthly foster care payments after the transfer of custody was ordered, regardless of the child’s needs. MAPCY replaces Minnesota’s previous assessment system of only calculating Difficulty of Care (DOC) points for a child to determine monthly foster care payments. In the past, a higher DOC rating equaled higher monthly foster care payments. MAPCY, on the other hand, takes into consideration the needs of the child and the extra parenting provided by the caregiver to meet the child’s needs.9 MAPCY considers the level of custodial care involved and does not only focus on a child’s difficulties, in order to decrease negative labeling of youth in care to promote higher monthly payments. MAPCY allows the focus to be placed on the level of care from the caregiver. Such a shift away from a singular focus on the negative aspects of a youth in care is a welcome change. This new way of determining benefits is hoped to reflect more positively on youth and create additional incentives and responsibilities for caretakers to promote permanency and provide needed services to a youth in care. In order to receive benefits under Northstar, a MAPCY assessment is completed and then it must be approved.10 Typically the assessor of a MAPCY is employed with the legally responsible agency and the approver is employed with the financially responsible agency.11 County Social Services departments will not pay for a MAPCY until it has been approved.12 After an initial MAPCY assessment is conducted, Northstar requires a reassessment at six months from the initial assessment and then on an annual basis for children in continuous foster care.13 It is important to note that there is a provision that permits caregivers to request reassessments following an adoption, but only if it can be demonstrated by a qualified expert that a child’s potential disability has now manifested itself.14 It is also important to note that when there is a request for extraordinary levels of care and benefits for a high needs child, the request must demonstrate the child’s need for extraordinary care and then it must be approved by the Department of Human Services.15 Additionally, there is a built-in emergency rate for care provided to child protection youth deemed to be in need of protection.16 This emergency rate of benefits is available to caregivers meeting certain criteria 7 MINN. DEP’T OF HUMAN SERVS. supra note 3, at 3. 8 MINN. DEP’T OF HUMAN SERVS. BULLETIN, NORTHSTAR CARE FOR CHILDREN UNIFORM ASSESSMENT TOOL, 1(MARCH 10, 2015). 9 Id. at 3- 4; Minn. Stat. § 256N.24 subd. 2 (2015). Ann Ahlstrom, John Sellen, and Deborah Beske Brown, 2014 Legislative Update, 16 (MINN. DEP’T OF HUMAN SERVS., July 28, 2014). 11 Id. at 17. 12 Id. at 16. 13 Minn. Stat. § 260N.24, subd 9 (2015). 14 Id. at subd. 10. 15 Minn. Stat. §256N.24 subd. 4. 16 Id. at subd. 6. 10 2 and caring for youth in the system who are placed as an “emergency situation.” An “emergency situation” is defined as when a child enters foster care due to the immediate custody by a police officer or court order or an equivalent tribal code provision.17 Counties and tribes are not required to use the MAPCY unless the youth is in a family foster home for thirty days or longer.18 The built-in emergency rate is meant to apply to youth who are entering foster care and will have to wait for MAPCY to be completed, but need to access benefits immediately. The total emergency foster care benefit will be the basic monthly rate which is based on the child’s age and a supplemental monthly rate of $200.00 (Level D).19 Emergency benefits are available to counties and tribes without MAPCY only for the initial thirty days of a continuous placement.20 Further, it is important to remember that this emergency rate is available only for foster families and not shelter facilities.21 Since the default emergency rate is only available for the initial thirty days of placement, Minnesota’s Department of Human Services (DHS) recommends as a best practice that a MAPCY is completed within the first two or three weeks after a child enters foster care.22 Additionally, once MAPCY is completed the supplemental monthly rate will remain the same, increase or decrease. If the assessment level is increased, the higher rate is retroactive to the placement date.23 If the assessment level is decreased, the lower rate will apply on the date the assessment was completed.24 Practice Tips: Since Northstar focuses on permanent placements for children who cannot return home and be reunified with their parents or legal custodians, its funding does not apply to group homes, residential treatment centers or facilities, respite care providers, residential shelter programs or other non-family like settings. These setting rates are determined by contract rather than through MAPCY. As a result, there may be resistance to placing children in these settings. If you are concerned about resistance to a specific placement, please contact CLC for assistance. Further, since MAPCY is completed early in the foster care process it is important to ensure that you as counsel for your clients have received a copy of your clients’ initial MAPCY as well as any subsequent assessments so you are aware of the monthly rates for your clients. It also is important to ensure the agency is following through with concurrent permanency planning to identify relatives and other significant individuals to your client for possible permanency placement. Once a child is removed from his or her parent(s) and placed in an out of home setting, the agency is required to explore concurrent permanency planning to identify relatives and other significant individuals that may be a permanency placement. As counsel for your client, it is critical to ensure this planning is occurring for your client and to track what progress is being made. What financial benefits are available to CLC’s clients under Northstar? 17 Id. Id. 19 Id. See infra pp. 4-5. 20 Id. 21 Ahlstrom, supra note 5 at 3. 22 Northstar Care for Children MACSSA Conference, Minnesota Department of Human Services (October 2, 2014), http://www.dhs.state.mn.us/main/groups/county_access/documents/pub/dhs16_181695.pdf 23 Minn. Stat. § 256N.26, subd. 6 (e). 24 Id. 18 3 The three financial components to Northstar are medical assistance, a monthly basic payment based on the child’s age, and a monthly supplemental payment based on MAPCY.25 All Title IV-E children are eligible for Medical Assistance.26 Children who are not Title IV-E eligible, may also be eligible for Medical Assistance under Minnesota law.27 The monthly basic rate is determined by the child’s age within three age ranges: birth to age 5; 6 to age 12; and 13 and older.28 The monthly supplemental rate is determined by the identified MAPCY assessed level of care. There are 17 MAPCY levels of care, identified by the letters A through Q.29 The total monthly benefit for a child is the combination of a child’s basic monthly rate and a child’s supplemental monthly rate. Northstar also provides that a small group of youth will be designated at-risk children. At-risk youth are those children who do not meet the special needs criteria except for being documented as having a potential to develop a disability that has not yet manifested.30 These at-risk youth are eligible for limited benefits (Level A) unless and until the potential disability manifests itself at a later date.31 Thus these children’s limited benefits include Medical Assistance and the monthly basic payment, but no supplemental monthly benefits.32 Below please find the basic monthly rates based on the eligible child’s age and the supplemental monthly rates based on the eligible child’s MAPCY level. These rates are valid from January 1, 2015 to June 30, 2016. MONTHLY BASIC RATE AGE RANGE 0-5 6-12 13+ DOLLARS PER MONTH $575 $670 $790 SUPPLEMENTAL MONTHLY RATES LEVEL OF CARE A B C D E F G H DOLLARS PER MONTH None* None* $100 $200 $300 $400 $500 $600 25 Minn. Stat. § 256N.26 subd. 1 (2014). MINN. DEP’T OF HUMAN SERVS., PATHS TO PERMANENCY: OVERVIEW OF LEGAL ISSUES AND FINANCIAL SUPPORTS ABOUT ADOPTION AND CUSTODY OPTIONS FOR RELATIVES AND FOSTER FAMILIES, 12 (2014). See also Minn. Stat. § 256B.055, subd.2. 27 Id. See also Minn. Stat. § 256B.055 subd. 1. 28 Minn. Stat. § 256N.26 subd. 3. 29 Id. at subd. 4. 30 Minn. Stat. § 256N.02 subd. 4. 31 Minn. Stat. § 256N.26 subd. 1(c). 32 Ahlstrom et al., supra note 10, at 42. 26 4 I J K L M N O P Q $700 $800 $900 $1,000 $1,100 $1,200 $1,300 $1,400 $1,500 Practice Tip: Again, it is very important to have a copy of all your client’s MAPCY assessments in order to verify the monthly benefits are correct. Eligibility and Required Court Findings for Eligibility There are three different categories under which Northstar funds will be paid: Northstar Foster Care, Northstar Kinship Assistance, and Northstar Adoption Assistance. Northstar Foster Care is for youth in family foster homes and those youth 18-21 years old in extended foster care or a supervised independent living.33 Northstar Kinship Assistance is for eligible youth in foster care who undergo a transfer of permanent legal and physical custody to a relative.34 Northstar Adoption Assistance is for eligible youth in foster care who are adopted.35 Northstar Foster Care A benefit of Northstar as a state program is its consideration of a wider range of foster care settings than permitted under federal law.36 Several foster care settings may be eligible for Northstar benefits. These settings include shelter family homes, family foster homes, therapeutic foster homes, licensed foster homes through private foster care agencies, Medical Assistance Community Alternatives for Disabled Individuals (“CADI”) homes, homes in the process of becoming licensed, pre-adoptive homes and supervised independent living settings for extended foster care youth.37 33 Id. at 14. Id. 35 Id. 36 Id. at 39. 37 MINN. DEP’T OF HUMAN SERVS., supra note 3, at 3. 34 5 A child may be placed with a relative who is not licensed to provide foster care if certain requirements are met.38 These requirements include the following circumstances: 1) an emergency relative placement under tribal licensing regulations or Minn. Stat § 245A.035, with the legally responsible agency ensuring the relative completes the required child foster care application process; 2) a licensed adult foster home with an approved age variance under section 245A.16 for no more than six months; or 3) a youth 18 years old or older until age 21 who is eligible for extended foster care in an unlicensed supervised independent living setting approved by the agency responsible for the youth’s care.39 Even though Northstar permits a wider range of foster care placements it may consider for financial benefit eligibility, the juvenile court must still make specific findings before allowing a child to be placed in a Northstar eligible foster care setting.40 These specific findings include the following: 1) That the placement is in the child’s best interests or continuing in the care of the parent is contrary to the welfare of the child; 2) Reasonable efforts to prevent placement have been made or reasonable efforts to prevent placement are not required; and 3) Reasonable efforts have been made to finalize the permanent plan for the child.41 Reassessments for youth in Northstar Foster Care must be completed at six months following the initial 30 days assessment and then annually.42 Reassessments may be completed more frequently in the following circumstances: 1) Any time the agency staff decides a reassessment is warranted; 2) Following a foster parent’s request if at least six months have elapsed since an assessment or reassessment has been completed; and 3) Following a foster parent’s request for a reassessment less than 6 months since the previous assessment or reassessment when there is written documentation that “there have been significant changes in the child’s needs that necessitate an earlier reassessment.” 43 Practice Tips: Remember Northstar Foster Care will provide funding to unlicensed homes; however, the funding is only for those homes in the process of being licensed. If your client is interested in a certain relative placement, ensure the relative is likely to be licensed. Check with CLC for more information regarding barriers to licensing. Also ensure that the individual is a “relative” as defined under Minnesota’s Juvenile Code at Minn. Stat. § 260C.007, subd. 27. 38 Minn. Stat. § 256N.21 subd. 2 (3)(i-iv). Id. 40 Ahlstrom, supra note 5, at 5. See also, Adoption and Safe Families Act of 1997, Pub. L. No 105-89,111 Stat.2115 (codified at 42 U.S.C. § 675(2006)). 41 Id. 42 MINN. DEP’T OF HUMAN SERVS., supra note 3, at 19. 43 Id. 39 6 Northstar does provide initial clothing allowances, so it is critical to ensure your client has received his or her possessions and has received a clothing allowance from the agency as provided under Minn. Stat. § 260C.4413. Northstar Kinship Assistance Minnesota requires that a transfer of permanent legal and physical custody to a relative (TOC) occur when the court finds that reunification and adoption are not appropriate for the child.44 If a foster care placement is a pre-kinship placement, a Kinship Placement Agreement (KPA) is necessary to begin the Northstar Kinship Assistance Process. A Kinship Placement Agreement (KPA) is signed by the prospective relative custodian(s) and county agency staff.45 Once the KPA is signed, Northstar Kinship Benefits are determined so that the Northstar Kinship Assistance Benefit Agreement (KABA) can be prepared.46 The KABA is based on the MAPCY assessment of monthly financial benefits and is signed by the prospective relative custodian(s), the county agency and DHS.47 The agreement must be signed prior to the finalization of TOC.48 Once the court has finalized the transfer of custody, the KABA becomes effective and the local county agency stops making foster care payments and DHS initiates the payments upon receipt of the final order and verification that all Northstar requirements have been met. 49 There is an important distinction between whether the county agency is petitioning the court for a TOC or whether another party is petitioning for a TOC. If the agency is the petitioner, a fully executed KPA is filed with the court and the court is required to make the following findings: 1) The relative(s) are fit, willing, and suitable for the transfer of permanent legal and physical custody of the child; 2) Transfer of permanent legal and physical custody is in the child’s best interests; 3) Adoption is not in the child’s best interests based on the determinations in the kinship placement agreement required under Minn. Stat. §256N.22, subdivision 2; 4) Either: a. The agency made efforts to discuss adoption with the child’s parent(s), or b. The agency did not make efforts to discuss adoption and the reasons why efforts were not made; 5) The reasons to separate siblings, if applicable; and 6) If kinship has been requested and the child is eligible, receipt of Northstar Kinship Assistance is in the child’s best interests.50 If the agency is not proposing the prospective relative custodian, the court does not need to determine whether there is a showing that adoption is not in the child’s best interests based on determinations of a kinship placement agreement as noted in number 3 above.51 Instead the court, based on proof presented 44 Minn. Stat. § 260C.515 subd. 4. MINN. DEP’T OF HUMAN SERVS., supra note 3, at 22. (DHS does not need to sign this agreement). 46 Id. 47 Id. at 23. 48 Minn. Stat. §256N.25, subd. 1. 49 Id. 50 Ahlstrom et al., supra note 10, at 33-34. 51 MINN. DEP’T OF HUMAN SERVS., supra note 3, at 9. 45 7 by the petitioner, must find the following requirements to consider if a potential relative placement is appropriate: Adoption is not in the child’s best interests; There is a strong attachment to the proposed relative custodian and that custodian has a strong commitment to the continuing care of the child; The relative custodian understands the legal and financial difference between adoption and transfer of permanent legal and physical custody; and If the child is 14 years or older, the child has been consulted about the permanency options.52 The court can still order TOC without Northstar assistance and in such circumstances, the requirement that receipt of Northstar Kinship Assistance is in the child’s best interests is not necessary.53 Northstar, as a state law, does not make any changes to either the Federal permanency timelines of the Adoption and Safe Families Act of 1997 (ASFA) or Title IV-E standards requiring prospective relative custodians be licensed foster parents for at least six consecutive months while a non-ICWA child is in their care. This six month consecutive placement requirement may create challenges to meeting the 12 month permanency deadline. For example, prior to Northstar, a relative could receive permanent legal and physical custody without being licensed or having the youth in their care for six months. These relatives also did not often receive funding following the transfer. Northstar now requires foster youth to reside with a relative custodian for at least six consecutive months while that custodian is a licensed foster parent thereby potentially adding additional time to the permanency guidelines that require legal permanency be resolved within 1 year of the child being removed from the home. Relatives can still accept Transfers of Custody if they are not licensed; however, they will not receive Northstar financial benefits. It is important to ensure that background studies are completed early in the process so any problems get resolved as soon as possible. Northstar has made the following changes to background studies: 1) If a relative receives a licensing disqualification, but not a permanent bar, the county agency and DHS MUST expedite variance or set-aside requests.54 2) A background study completed for foster care licensing can also be used for Northstar Kinship Assistance eligibility.55 3) The background study completed for foster care licensing may be used for both Adoption Placement Agreement and for Northstar Adoption Assistance eligibility.56 Permanent bars to receive Northstar Kinship Assistance include the following: A felony conviction at ANY TIME for child abuse or neglect; spousal abuse; a crime against a child including child pornography; or 52 Id. Id. 54 Minn. Stat. §245A.03, subd. 2 (a)(9) (emphasis added). See, Minn. Stat. §§245C.22 and 245C.30 respectively to make an argument requesting a set aside or variance. 55 Ahlstrom et al., supra note 10, at 47. 56 Id. 53 8 a crime of violence including rape, sexual assault or homicide but not including other physical assault or battery; OR A felony conviction with the past five years for: physical assault; battery; or a drug-related offense.57 Additionally, children must be US citizens or otherwise eligible for public benefits according to the Personal Responsibility & Work Opportunity Reconciliation Act of 1996 to receive Northstar Kinship Assistance.58 Finally, certain youth are eligible for extended Northstar Kinship Assistance after age 18.59 Youth who are 16 years old or older at the time of effective date of the Kinship Assistance Benefit Agreement are eligible for extensions of the KABA up to age 21 if a youth “is dependent on the relative custodian for care and financial support” 60 and meets at least one the 260C.451 criteria for older youth.61 Youth under age 16 at the time of effective date of the Kinship Assistance Benefit Agreement may be eligible for extensions of the KABA up to age 21 if a youth “is dependent on the relative custodian for care and financial support” 62 and possesses a disability that “impairs the capacity for independent living and warrants continuation of financial assistance, as determined by the commissioner.63 Practice Tips: Given the 12 month permanency deadline, it is critical that a prospective relative custodian is informed of the licensing process in order to receive Northstar Kinship Assistance. Minnesota also requires notice to interested relatives so they have an opportunity to ask the court to consider them for placement. Therefore, early relative searches are extremely important, so permanency timelines are met. Identify important relatives to your clients as soon as possible so they may complete the licensing process. Continue to ask your clients who is important to them, who has cared for them in the past, to help determine who may be a permanent resource for them. At your hearings, ask the court to order the county agency to explore those relatives your client wants explored. Remember a Northstar Kinship Assistance Benefit Agreement must be signed by all parties prior to the court ordering the transfer. Relative requests for variances and set-asides must be expedited. Thus, if your client’s proposed custodian has a licensing bar, ensure the variance is being promptly addressed. Contact CLC with questions requiring licensing bars. Inquire into your child’s immigration status to ensure (s)he is eligible to receive Northstar Kinship Assistance. If there are citizenship concerns, ensure a full understanding of your client’s citizenship status is known and what other processes or proceedings are occurring. Call CLC if an immigration attorney is needed. 57 Minn. Stat. §256N.22, subd.4 (b)(emphasis added). Id. at subd. 3. 59 Id. at subd. 4 (b). 60 Id. at subd. 11. 61 Id. 62 Id. 63 Id. 58 9 Extension of kinship assistance after age 18 can occur for certain youth. Ensure your client is aware of these potential benefits. Northstar Adoption Assistance Northstar maintains the clear preference in federal and state law for adoption over transfers of permanent legal and physical custody.64 If it is determined that a child and prospective adoptive parent(s) meet eligibility requirements, the next step is to negotiate a Northstar Adoption Assistance Benefit Agreement.65 In order to be eligible for Northstar Adoption Assistance the prospective adoptive parent(s) must meet the background study requirements.66 It is important to advocate for background studies to commence early in the court process and for any problems to be resolved as soon as possible. As explained earlier, Northstar has made changes to Minnesota’s background study requirements. A significant change for adoptions is that the background study completed for foster care licensing may also be used for both the Adoption Placement Agreement and for Northstar Adoption Assistance eligibility.67 The intent of this change is to eliminate redundant background study processes at permanency.68 Thus, a separate adoption background study should not be required after a termination of parental rights, since the study should have been completed as part of the child foster care licensing. As with Northstar Kinship Assistance, children must be US citizens or otherwise eligible for public benefits according to the Personal Responsibility & Work Opportunity Reconciliation Act of 1996 to receive Northstar Adoption Assistance.69 Once a prospective adoptive parent(s)’s eligibility has cleared a background study, the next step is the negotiation of the Northstar Assistance Benefit Agreement. It is not your responsibility to negotiate these agreements, but it is important to ensure the process is moving forward. The agreement must be on a form approved by the commissioner and must specify the following: 1) Duration of the agreement; 2) The nature and amount of any payment, services, and assistance to be provided under such agreement; 3) The child’s eligibility for Medicaid Services; 4) The terms of payment, including any child care portion as specified in Minn. Stat. 256N.24 subd. 3; 5) Eligibility for reimbursement of nonrecurring expenses associated with adopting or obtaining permanent legal and physical custody of the child, to the extent the cost does not exceed $2,000 per child; 6) That the agreement must remain in effect regardless of the state of which the adoptive parents or relative custodians are residents at any given time; 7) Provisions for modification of the terms of the agreement, including renegotiation of the agreement; and 8) The effective date of the agreement.70 64 MINN. DEP’T OF HUMAN SERVS., supra note 3, at 21. 65 Id. Ahlstrom et al., supra note 10, at 41. See also, Minn. Stat. §§ 256N.23 subd. 4; 245C.33. 67 Id. at 47. 68 MINN. DEP’T OF HUMAN SERVS., supra note 3, at 23. 69 Minn. Stat. §256N.23, subd. 3. 70 Minn. Stat. § 256N.25 subd 1.(b)(1-8). 66 10 When completing a Northstar Assistance Benefit Agreement it is crucial to involve the appropriate parties for negotiation and signatory purposes. A Northstar Assistance Benefit Agreement is conducted as follows: The department requests the legally responsible agency, financially responsible agency, or both to negotiate with the prospective adoptive parent(s). Even if eligible, the prospective adoptive parent(s) have the option of declining Northstar Adoption Assistance benefits by signing a written statement. Northstar Adoption Assistance Benefit Agreement is signed by the prospective adoptive parent(s), agency, and the department staff. The Agreement must be signed prior to finalization of the adoption by the court. If not signed before finalization, the door to Adoption Assistance is forever closed (unless determined eligible through a fair hearing process).71 As with Transfers of Custody, once an adoption is finalized, the Benefit Agreement becomes effective and the local agency stops making foster care payments. Additionally, the department initiates monthly Northstar Adoption Assistance payments only after receiving a copy of the adoption decree and verifying that all requirements have been meet. A delay of two to four weeks is expected during this timeframe.72 It is critical that a Northstar Adoption Assistance Agreement is complete and accurate before an adoption is finalized. An agreement may be renegotiated when there is a change in the needs of the child or in the family’s circumstances.73 In order to start the process for renegotiating, an adoptive parent must request a renegotiation and a reassessment must then be completed. The agreement will not be changed unless the commissioner, financially responsible agency, and caregiver mutually agree to the changes.74 This process is reserved for changes in a child’s needs or the family’s circumstances, and not simply for errors in the agreement. The process for reopening a Northstar Adoption Assistance Agreement involves time, a potential hearing, and judicial discretion. Thus, it is important to remember that once an agreement is signed, there is no guarantee it will be re-opened. Practice Tips: In order to make sure your clients are accessing their appropriate adoption benefits it is important to make sure a Northstar Adoption Assistance Agreement is finalized, signed, and reviewed before the adoption is finalized. Not having a complete and accurate agreement could cost our clients and their caregiver’s crucial financial benefits. In order to be eligible for Northstar Adoption Assistance, the prospective adoptive parent(s) must meet the background study requirements. It is important to make sure the background studies get done early on and any problems are resolved as soon as possible. Inquire into your child’s immigration status to ensure (s)he is eligible to receive Northstar Adoption Assistance. If there are citizenship concerns, ensure a full understanding of your client’s citizenship status is known and what other processes or proceedings are occurring. CONCLUSION 71 MINN. DEP’T OF HUMAN SERVS., supra note 3, at 21. 72 Id. at 22. Minn. Stat. 256N.25 subd. 3(a). 74 Id. 73 11 Northstar Care for Children is an important step in helping foster care youth achieve permanency without multiple moves. As an attorney for foster care youth, it is important to recognize how Northstar will change practice. Efforts such as concurrent planning, identification of permanent relative placements, and background checks for licensing must now be completed early in the foster care process. It is also important to understand whether your client’s proposed or desired placement will qualify for Northstar benefits and if not, whether the parties involved are fully aware of variance options and ramifications of what benefits will or will not be available to the proposed caregivers. It is critical for our clients to receive all the financial benefits they are entitled to receive. This means, as a volunteer attorney, it is your responsibility to make sure background studies for all potentially interested permanent resources and their MAPCY assessments are being conducted as soon as possible to ensure your clients and their caregivers receive the proper amount of financial benefits. It is hoped that Northstar will help youth in care find permanent homes and as counsel for these youth, you will need to help them navigate this new benefit process. 12