Declining Northstar Kinship Assistance Policy
Overview
Children who exit foster care through a transfer of permanent legal and physical custody to a relative (TPLPC) may be eligible for Northstar Kinship Assistance (NKA). Eligibility for NKA must be determined prior to finalizing a TPLPC and closing the continuous placement episode for the child. Even if a child may be eligible for NKA, a prospective relative custodian may wish to decline NKA. In this case, the financially responsible agency still needs to submit an Eligibility Determination to the Department of Children, Youth, and Families notifying the department of the prospective relative custodian’s wishes.
Reason for policy
This policy guidance provides clarity in the process of declining NKA to ensure compliance with requirements related to Minnesota Statutes 142A and SSIS data entry.
Applicability
This policy guidance is applicable to families who decide to decline NKA and supports agency workers when completing the process of declining NKA benefits.
Policy
1. A primary goal of Northstar Care for Children is to eliminate barriers to permanency. (Minnesota Statutes 142A.61 and Minnesota Statutes 142A.601.)
a. NKA is a benefits program available to eligible children for whom a transfer of custody has been ordered, and the department has determined eligible. If eligible, NKA includes medical assistance, a monthly payment to the caregivers, and a one-time non-recurring expense reimbursement. (Minnesota Statutes 142A.605.)
b. The financially responsible agency shall prepare an NKA Eligibility Determination for review and final approval by the commissioner. The Eligibility Determination must be completed according to requirements and procedures and on forms prescribed by the commissioner. Supporting documentation for the Eligibility Determination must be provided to the department. The financially responsible agency and the commissioner must make every effort to establish a child’s eligibility for Title IV-E Northstar Kinship Assistance. (Minnesota Statutes 142A.605, subd. 7.)
2. Prospective relative custodian/s may choose to decline Northstar Kinship Assistance.
a. The financially responsible agency must ensure that the prospective relative custodian/s are informed of the benefits that they are declining prior to declining benefits.
i. The primary benefits of Northstar Kinship Assistance include:
1. Medical Assistance
2. Monthly basic payment
3. Potential for monthly supplemental payment, based on the child’s needs
4. One-time, non-recurring expense reimbursement for costs incurred by the caregivers in finalizing the transfer of custody.
b. An Eligibility Determination must be submitted to the department with supporting documentation that the relative custodian/s wish to decline NKA prior to finalizing the TPLPC.
Agency roles and responsibilities
One agency will typically be both legally and financially responsible for a child in foster care. When there are different legally and financially responsible agencies, the roles and responsibilities are split between the agencies.
The legally responsible agency is responsible for placement decisions, permanency planning and updating the financially responsible agency for Northstar Kinship Assistance submissions.
The financially responsible agency prepares and submits the Northstar Kinship Assistance Eligibility Determination to the department with the required supporting documentation.
Helpful resources:
• Legally and Financially Responsible Agency Roles under Northstar Care for Children.
Department’s role
The department determines eligibility for Northstar Kinship Assistance for children who are under the legal custody or responsibility of a Minnesota county social service agency, a child under Tribal court jurisdiction, and an Indian child being placed in Minnesota who meets Title IV-E eligibility defined in section 473(d) of the Social Security Act. (Minnesota Statutes 142A.605, subd. 5.)
If prospective relative custodian/s wish to decline NKA, a statement to decline is submitted as supporting documentation with the Eligibility Determination. The department will review the Eligibility Determination submission and all supporting documentation before confirming the declination of benefits. This process must be completed prior to finalizing the TPLPC.
Process
The process of declining Northstar Kinship Assistance has three primary steps:
1. Sign the Kinship Placement Agreement once necessary findings have been made.
2. Complete the Statement to Decline.
3. Complete the Eligibility Determination.
Signing the Kinship Placement Agreement
The foster care placement becomes a pre-kinship placement when the Kinship Placement Agreement is signed. When meeting with the family to discuss the Kinship Placement Agreement, it is important to also discuss the potential for NKA as a benefit to the child. Explain to the family:
• The purpose of NKA and what benefits are included through this program
• That the department can only determine eligibility through the formal application process
• That NKA eligibility must be established prior to finalization of the TPLPC.
Once the Kinship Placement Agreement has been signed, the worker should open the Kinship Folder in SSIS and change the placement location to pre-kinship. Please see the Northstar Kinship Assistance Workflow for instructions on how to complete this process in SSIS.
Complete the Statement to Decline
If the proposed relative custodian/s determines they would like to decline Northstar Kinship Assistance, it is best practice to engage the proposed relative custodian/s in conversation related to their reasons for this decision. The department does not review eligibility factors when a signed statement to decline is received.
It is vital that the proposed relative custodian/s understand that if they decline Northstar Kinship Assistance and finalize the transfer of custody, the child will not be eligible for Northstar Kinship Assistance in the future even if their household circumstances or the child’s needs change.
Frequent reasons for declining:
• Family states they do not need financial support. If the proposed relative custodian/s have concerns related to not wanting the financial support, discuss with the proposed relative custodian/s their ability to negotiate the payment rate to $0 and retain the child’s Medical Assistance and eligibility for one-time, nonrecurring expense benefits. If the proposed relative custodian/s negotiate the payment rate to $0, and later their household circumstances change causing a need for the monthly payment, they can request to renegotiate the child’s benefits to include a monthly payment at that time.
• Licensing concerns. If the proposed relative custodian/s or your agency believes that the home is not able to be licensed or has concerns regarding background study results, it is best practice to consult with the department and determine the best next steps. It may be possible to receive an exemption to the licensing requirement.
o If your agency would like to request an exemption to the licensing requirement, an exemption request can be submitted through the eligibility determination in SSIS. When submitting this request, please be sure to include as much information as possible regarding the situation. It may be beneficial to request a consult with the Permanency Quality Assurance Team prior to submitting the Eligibility Determination to ensure all the information is readily available. To request this, contact northstar.benefits@state.mn.us. (Minnesota Statutes 142A.605, subd. 1.)
• Six-month requirement. If the proposed relative custodian/s wish to finalize the transfer of custody before the child has resided in the licensed home for six consecutive months, discuss that this is an eligibility requirement to receive NKA. If the prospective relative custodian/s wishes to finalize prior to meeting this requirement, it may be possible to receive an exemption to the six-month requirement.
o If your agency would like to request an exemption to the six-month requirement, submit an exemption request through the Eligibility Determination in SSIS. When submitting this request, please be sure to include as much information as possible regarding the situation. It may be beneficial to request a consult with the Permanency Quality Assurance Team prior to submitting the Eligibility Determination to ensure all the information is readily available. To request this, contact northstar.benefits@state.mn.us. (Minnesota Statutes 142A.605, subd. 1.)
When working with a family who expresses a desire to decline Northstar Kinship Assistance, it is essential to engage the family in conversation to ensure all parties understand what is being declined and the reasons for declining. Only the department can determine if a family is ineligible for Northstar Kinship Assistance. It is vital that the family understands a declination of Northstar Kinship Assistance now means declining financial and medical assistance to the child or youth through their childhood.
Once you and the proposed relative custodian/s have determined that declining benefits is the best plan for the family, locate the statement to decline in SSIS. This document is in SSIS as a person document titled “Prospective Relative Custodian Statement to Decline Northstar Kinship Assistance” (Statement to Decline).
Completing the Eligibility Determination
Complete the Eligibility Determination in SSIS once the Kinship Placement Agreement and Statement to Decline Northstar Kinship Assistance have been signed. Indicate that the family wishes to decline NKA and select “Submit to DHS” with the Statement to Decline as a supporting document.
After these steps have been completed, the department will review and confirm the Eligibility Determination status of declining Northstar Kinship Assistance. A letter indicating the Statement to Decline was received and processed will be sent to both the proposed relative custodian(s) and the financially responsible agency.
If the family completes and submits the Statement to Decline, but the transfer of custody has not yet finalized, the family has the right to change their mind and request NKA up until the transfer of custody is finalized. If a family changes their mind:
1. Contact the Records and Eligibility Consultant to request the previous Eligibility Determination be inactivated.
2. Once inactivated, complete and submit a new Eligibility Determination in SSIS with supporting documents.
Finalization
Once the department has confirmed that the Eligibility Determination resulted in a declination of NKA, the agency may proceed with finalizing the transfer of custody in court. Once the transfer of custody has been finalized, send the final order to adoption.assistance@state.mn.us for processing.
After the transfer of custody has been ordered, the continuous placement may be closed with the discharge reason “Transfer of permanent legal and physical custody to a relative.” All children who are anticipated to exit foster care through a transfer of custody are required to have a completed Eligibility Determination in SSIS. Without a completed Eligibility Determination, the workgroup in SSIS will be unable to close for cases that finalize in a transfer of custody.
If a transfer of custody is finalized in court, prior to full execution of the Northstar Kinship Assistance Benefit Agreement, the child will not be eligible for Northstar Kinship Assistance. If a family wishes to receive Northstar Kinship Assistance, an eligibility determination and fully executed benefit agreement prior to court finalization is required.
Helpful forms
- Legally and Financially Responsible Agency Roles under Northstar Care for Children
- Kinship Folder and Kinship Verifications
- SSIS Kinship Workflow
- Northstar Kinship Placement Agreement
- TPLPC Process Checklist
- Northstar Kinship Assistance Workflow
Training
None.
Legal authority
Minnesota Statutes 142A.605, 142A.61, 142A.601 and 260C.515, subd. 4.
Standards
None.
Definitions
DCYF: The Minnesota Department of Children, Youth, and Families and its delegated agents.
Eligibility Determination for Northstar Kinship Assistance: A document in SSIS used to determine a child’s eligibility or ineligibility for Title IV-E or Non–Title IV-E Northstar Kinship Assistance.
Financially responsible agency: The agency that has financial responsibility for a child’s Northstar Kinship Assistance payments.
Legally responsible agency: The agency that had legal responsibility for placement and care of a child through a court order or voluntary placement agreement during a continuous placement episode that resulted in a TPLPC.
Relative custodian: A relative of a child who accepted a TPLPC of a child under Minnesota Statutes 260C.515, subd. 4.
Transfer of permanent legal and physical custody (TPLPC): A Minnesota juvenile court order permanently transferring legal and physical custody to a relative under Minnesota Statutes 260C.515, subd. 4. For a child under jurisdiction of Tribal court, a judicial determination under a similar provision in Tribal code which means that a relative will assume the duty and authority to provide care, control and protection of a child in foster care, and to make decisions regarding their education, health care and general welfare until adulthood.
Policy contacts:
Catrina Ankarlo, permanency policy specialist: 651-539-8334 or catrina.ankarlo@state.mn.us.
Permanency Quality Assurance: northstar.benefits@state.mn.us
Policy history
Issue date:
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