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
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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.
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