trial home visit definition

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Minnesota Statutes 260D.12 – Trial Home Visits; Voluntary Foster Care for Treatment

Terms used in minnesota statutes 260d.12.

• Trial : A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

When a child is in foster care for treatment under this chapter, the child’s parent and the responsible social services agency may agree that the child is returned to the care of the parent on a trial home visit. The purpose of the trial home visit is to provide sufficient planning for supports and services to the child and family to meet the child’s needs following treatment so that the child can return to and remain in the parent’s home. During the period of the trial home visit, the agency has placement and care responsibility for the child. The trial home visit shall not exceed six months and may be terminated by either the parent or the agency within ten days’ written notice.

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2023 Minnesota Statutes Chapters 245 - 267 — Public Welfare And Related Activities Chapter 260D — Child In Voluntary Foster Care For Treatment Section 260D.12 — Trial Home Visits; Voluntary Foster Care For Treatment.

When a child is in foster care for treatment under this chapter, the child's parent and the responsible social services agency may agree that the child is returned to the care of the parent on a trial home visit. The purpose of the trial home visit is to provide sufficient planning for supports and services to the child and family to meet the child's needs following treatment so that the child can return to and remain in the parent's home. During the period of the trial home visit, the agency has placement and care responsibility for the child. The trial home visit shall not exceed six months and may be terminated by either the parent or the agency within ten days' written notice.

2014 c 291 art 11 s 35

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45 CFR § 1356.21 - Foster care maintenance payments program implementation requirements.

• Table of Popular Names

(a) Statutory and regulatory requirements of the Federal foster care program. To implement the foster care maintenance payments program provisions of the title IV-E plan and to be eligible to receive Federal financial participation (FFP) for foster care maintenance payments under this part, a title IV-E agency must meet the requirements of this section, 45 CFR 1356.22 , 45 CFR 1356.30 , and sections 472, 475(1), 475(4), 475(5), 475(6), and for a Tribal title IV-E agency section 479(B)(c)(1)(C)(ii)(II) of the Act .

(b) Reasonable efforts. The title IV-E agency must make reasonable efforts to maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child's safety is assured; to effect the safe reunification of the child and family (if temporary out-of-home placement is necessary to ensure the immediate safety of the child); and to make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible. In order to satisfy the “reasonable efforts” requirements of section 471(a)(15) (as implemented through section 472(a)(2) of the Act), the title IV-E agency must meet the requirements of paragraphs (b) and (d) of this section. In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health and safety must be the paramount concern.

(1) Judicial determination of reasonable efforts to prevent a child's removal from the home.

(i) When a child is removed from his/her home, the judicial determination as to whether reasonable efforts were made, or were not required to prevent the removal, in accordance with paragraph (b)(3) of this section, must be made no later than 60 days from the date the child is removed from the home pursuant to paragraph (k)(1)(ii) of this section.

(ii) If the determination concerning reasonable efforts to prevent the removal is not made as specified in paragraph (b)(1)(i) of this section, the child is not eligible under the title IV-E foster care maintenance payments program for the duration of that stay in foster care.

(2) Judicial determination of reasonable efforts to finalize a permanency plan.

(i) The title IV-E agency must obtain a judicial determination that it has made reasonable efforts to finalize the permanency plan that is in effect (whether the plan is reunification, adoption, legal guardianship, placement with a fit and willing relative, or placement in another planned permanent living arrangement) within twelve months of the date the child is considered to have entered foster care in accordance with the definition at § 1355.20 of this part, and at least once every twelve months thereafter while the child is in foster care.

(ii) If such a judicial determination regarding reasonable efforts to finalize a permanency plan is not made in accordance with the schedule prescribed in paragraph (b)(2)(i) of this section, the child becomes ineligible under title IV-E at the end of the month in which the judicial determination was required to have been made, and remains ineligible until such a determination is made.

(3) Circumstances in which reasonable efforts are not required to prevent a child's removal from home or to reunify the child and family. Reasonable efforts to prevent a child's removal from home or to reunify the child and family are not required if the title IV-E agency obtains a judicial determination that such efforts are not required because:

(i) A court of competent jurisdiction has determined that the parent has subjected the child to aggravated circumstances (as defined in State , or for a Tribal title IV-E agency, Tribal law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse);

(ii) A court of competent jurisdiction has determined that the parent has been convicted of:

(A) Murder (which would have been an offense under section 1111(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;

(B) Voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;

(C) Aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a voluntary manslaughter; or

(D) A felony assault that results in serious bodily injury to the child or another child of the parent; or,

(iii) The parental rights of the parent with respect to a sibling have been terminated involuntarily.

(4) Concurrent planning. Reasonable efforts to finalize an alternate permanency plan may be made concurrently with reasonable efforts to reunify the child and family.

(5) Use of the Federal Parent Locator Service. The State agency may seek the services of the Federal Parent Locator Service to search for absent parents at any point in order to facilitate a permanency plan.

(c) Contrary to the welfare determination. Under section 472(a)(2) of the Act , a child's removal from the home must have been the result of a judicial determination (unless the child was removed pursuant to a voluntary placement agreement) to the effect that continuation of residence in the home would be contrary to the welfare, or that placement would be in the best interest, of the child. The contrary to the welfare determination must be made in the first court ruling that sanctions (even temporarily) the removal of a child from home. If the determination regarding contrary to the welfare is not made in the first court ruling pertaining to removal from the home, the child is not eligible for title IV-E foster care maintenance payments for the duration of that stay in foster care.

(d) Documentation of judicial determinations. The judicial determinations regarding contrary to the welfare, reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and must be made on a case-by-case basis and so stated in the court order.

(1) If the reasonable efforts and contrary to the welfare judicial determinations are not included as required in the court orders identified in paragraphs (b) and (c) of this section, a transcript of the court proceedings is the only other documentation that will be accepted to verify that these required determinations have been made.

(2) Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts and contrary to the welfare judicial determinations except for a Tribal title IV-E agency for the first 12 months that agency's title IV-E plan is in effect as provided for in section 479B(c)(1)(C)(ii)(I) of the Act .

(3) Court orders that reference State or Tribal law to substantiate judicial determinations are not acceptable, even if such law provides that a removal must be based on a judicial determination that remaining in the home would be contrary to the child's welfare or that removal can only be ordered after reasonable efforts have been made.

(e) Trial home visits. A trial home visit may not exceed six months in duration, unless a court orders a longer trial home visit. If a trial home visit extends beyond six months and has not been authorized by the court, or exceeds the time period the court has deemed appropriate, and the child is subsequently returned to foster care, that placement must then be considered a new placement and title IV-E eligibility must be newly established. Under these circumstances the judicial determinations regarding contrary to the welfare and reasonable efforts to prevent removal are required.

(f) Case review system. In order to satisfy the provisions of section 471(a)(16) of the Act regarding a case review system, each title IV-E agency's case review system must meet the requirements of sections 475(5) and 475(6) of the Act .

(g) Case plan requirements. In order to satisfy the case plan requirements of sections 471(a)(16), 475(1) and 475(5)(A) and (D) of the Act , the title IV-E agency must promulgate policy materials and instructions for use by staff to determine the appropriateness of and necessity for the foster care placement of the child. The case plan for each child must:

(1) Be a written document, which is a discrete part of the case record, in a format determined by the title IV-E agency, which is developed jointly with the parent(s) or guardian of the child in foster care; and

(2) Be developed within a reasonable period, to be established by the title IV-E agency, but in no event later than 60 days from the child's removal from the home pursuant to paragraph (k) of this section;

(3) Include a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child. (FFP is not available when a court orders a placement with a specific foster care provider);

(4) Include a description of the services offered and provided to prevent removal of the child from the home and to reunify the family; and

(5) Document the steps to finalize a placement when the case plan goal is or becomes adoption or placement in another permanent home in accordance with sections 475(1)(E) and (5)(E) of the Act . When the case plan goal is adoption, at a minimum, such documentation shall include child-specific recruitment efforts such as the use of State , Tribal, regional, and national adoption exchanges including electronic exchange systems.

(h) Application of the permanency hearing requirements.

(1) To meet the requirements of the permanency hearing, the title IV-E agency must, among other requirements, comply with section 475(5)(C) of the Act .

(2) In accordance with paragraph (b)(3) of this section, when a court determines that reasonable efforts to return the child home are not required, a permanency hearing must be held within 30 days of that determination, unless the requirements of the permanency hearing are fulfilled at the hearing in which the court determines that reasonable efforts to reunify the child and family are not required.

(3) If the title IV-E agency concludes, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, the title IV-E agency must document to the court the compelling reason for the alternate plan. Examples of a compelling reason for establishing such a permanency plan may include:

(i) The case of an older teen who specifically requests that emancipation be established as his/her permanency plan;

(ii) The case of a parent and child who have a significant bond but the parent is unable to care for the child because of an emotional or physical disability and the child's foster parents have committed to raising him/her to the age of majority and to facilitate visitation with the disabled parent; or,

(iii) the Tribe has identified another planned permanent living arrangement for the child.

(4) When an administrative body, appointed or approved by the court, conducts the permanency hearing, the procedural safeguards set forth in the definition of permanency hearing must be so extended by the administrative body.

(i) Application of the requirements for filing a petition to terminate parental rights at section 475(5)(E) of the Social Security Act .

(1) Subject to the exceptions in paragraph (i)(2) of this section, the title IV-E agency must file a petition (or, if such a petition has been filed by another party, seek to be joined as a party to the petition) to terminate the parental rights of a parent(s):

(i) Whose child has been in foster care under the responsibility of the title IV-E agency for 15 of the most recent 22 months. The petition must be filed by the end of the child's fifteenth month in foster care. In calculating when to file a petition for termination of parental rights, the title IV-E agency:

(A) Must calculate the 15 out of the most recent 22 month period from the date the child is considered to have entered foster care as defined at section 475(5)(F) of the Act and § 1355.20 of this part;

(B) Must use a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the 22 month period;

(C) Must not include trial home visits or runaway episodes in calculating 15 months in foster care; and,

(D) Need only apply section 475(5)(E) of the Act to a child once if the title IV-E agency does not file a petition because one of the exceptions at paragraph (i)(2) of this section applies;

(ii) Whose child has been determined by a court of competent jurisdiction to be an abandoned infant (as defined under State or for a Tribal title IV-E agency, Tribal law). The petition to terminate parental rights must be filed within 60 days of the judicial determination that the child is an abandoned infant; or,

(iii) Who has been convicted of one of the felonies listed at paragraph (b)(3)(ii) of this section. Under such circumstances, the petition to terminate parental rights must be filed within 60 days of a judicial determination that reasonable efforts to reunify the child and parent are not required.

(2) The title IV-E agency may elect not to file or join a petition to terminate the parental rights of a parent per paragraph (i)(1) of this section if:

(i) At the option of the title IV-E agency, the child is being cared for by a relative;

(ii) The title IV-E agency has documented in the case plan (which must be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the individual child. Compelling reasons for not filing a petition to terminate parental rights include, but are not limited to:

(A) Adoption is not the appropriate permanency goal for the child; or,

(B) No grounds to file a petition to terminate parental rights exist; or,

(C) The child is an unaccompanied refugee minor as defined in 45 CFR 400.111 ; or

(D) There are international legal obligations or compelling foreign policy reasons that would preclude terminating parental rights; or

(iii) The title IV-E agency has not provided to the family, consistent with the time period in the case plan, services that the title IV-E agency deems necessary for the safe return of the child to the home, when reasonable efforts to reunify the family are required.

(3) When the title IV-E agency files or joins a petition to terminate parental rights in accordance with paragraph (i)(1) of this section, it must concurrently begin to identify, recruit, process, and approve a qualified adoptive family for the child.

(j) Child of a minor parent in foster care. Foster care maintenance payments made on behalf of a child placed in a foster family home or child care institution, who is the parent of a son or daughter in the same home or institution, must include amounts which are necessary to cover costs incurred on behalf of the child's son or daughter. Said costs must be limited to funds expended on items listed in the definition of foster care maintenance payments in § 1355.20 of this part.

(k) Removal from the home of a specified relative.

(1) For the purposes of meeting the requirements of section 472(a)(1) of the Act , a removal from the home must occur pursuant to:

(i) A voluntary placement agreement entered into by a parent or guardian which leads to a physical or constructive removal (i.e., a non-physical or paper removal of custody) of the child from the home; or

(ii) A judicial order for a physical or constructive removal of the child from a parent or specified relative.

(2) A removal has not occurred in situations where legal custody is removed from the parent or relative and the child remains with the same relative in that home under supervision by the title IV-E agency.

(3) A child is considered constructively removed on the date of the first judicial order removing custody, even temporarily, from the appropriate specified relative or the date that the voluntary placement agreement is signed by all relevant parties.

(l) Living with a specified relative. For purposes of meeting the requirements for living with a specified relative prior to removal from the home under section 472(a)(1) of the Act , all of the conditions under section 472(a)(3), and for Tribal title IV-E agencies section 479B(c)(1)(C)(ii)(II) of the Act , one of the two following situations must apply:

(1) The child was living with the parent or specified relative, and was AFDC eligible in that home in the month of the voluntary placement agreement or initiation of court proceedings; or

(2) The child had been living with the parent or specified relative within six months of the month of the voluntary placement agreement or the initiation of court proceedings, and the child would have been AFDC eligible in that month if s/he had still been living in that home.

(m) Review of payments and licensing standards. In meeting the requirements of section 471(a)(11) of the Act , the title IV-E agency must review at reasonable, specific, time-limited periods to be established by the agency:

(1) The amount of the payments made for foster care maintenance to assure their continued appropriateness, and that the amount made to a licensed or approved relative or kinship foster family home is the same as the amount that would have been made if the child was placed in a licensed or approved non-relative foster family home;

(2) The amount of the payments made for adoption assistance to assure their continued appropriateness; and

(3) The licensing or approval standards for child care institutions and foster family homes.

(n) Foster care goals. The specific foster care goals required under section 471(a)(14) of the Act must be incorporated into State law or Tribal law by statute, code, resolution, Tribal proceedings or administrative regulation with the force of law.

(o) Notice and right to be heard. The title IV-E agency must provide the foster parent(s) of a child and any preadoptive parent or relative providing care for the child with timely notice of and the opportunity to be heard in any proceedings held with respect to the child during the time the child is in the care of such foster parent, preadoptive parent, or relative caregiver. Notice of and opportunity to be heard does not include the right to standing as a party to the case.

• Paperwork Reduction Act of 1995
• Social Security Act

Child Welfare Policy Manual

June 03, 2024

Questions & Answers

1.2b.7  afcars, data elements and definitions, foster care specific elements, placements.

1. Question: How does a State code a record where the status of the placement changes? For example, if a child is in a foster family home placement setting and that family decides to adopt the child, thus becoming a pre-adoptive home placement setting, how do States record the placement setting, the date of placement, and the number of placements?

Answer: The State should change the placement setting to pre-adoptive home. However, the number of placements should not change nor should the date of placement. There is no internal consistency check among these elements and therefore, there will be no error detected with the change of placement even though the number of placements has not increased. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23, 24, and 41.)

• Source/Date: ACYF-CB-PIQ 95-01 (3/8/95)
• Legal and Related References: Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question: The internal consistency check for date of placement in current foster care setting states that it must be later than the date of latest removal from home. Can't it also be equal to the date of latest removal?

Answer: Yes. The system will not consider it an error if the date of placement in current foster care setting is the same day as the date of latest removal from home. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 23.)

• Source/Date: ACYF-CB-PIQ-95-01 (3/8/95)

3. Question: If a child is on a trial home visit or has run away as of the end of the reporting period, what is to be reported in the "Date of placement in current foster care setting" field?

(Deleted 07/05/2002)

4. Question: How do States indicate emergency shelter care - as "institution" or "group home?"

Answer: Generally, the shelter should be coded as the type of placement that it most closely resembles. Therefore, the size of the facility should determine whether the shelter care is considered as an institution or a group home. It is also possible for an emergency shelter to be coded as relative or non-relative foster care if the shelter is a home.

5. Question: Please provide a more inclusive definition of Pre-Adoptive Home, Foster Family Home (Non-Relative), Institution and Trial Home Visit.

Answer: A Pre-Adoptive Home is a home in which the family has been approved to adopt the child. The family may or may not be receiving a foster care payment or an adoption subsidy on behalf of the child. The child is considered in foster care until the adoption has been finalized, that is, a judge has signed the adoption decree. A Foster Family Home (Non-Relative) is a licensed or approved foster family home regarded by the State as a foster care living arrangement. This placement setting also includes what are referred to in some States as receiving foster homes. An Institution is a child care facility operated by a public or private agency and providing 24-hour care and/or treatment for children who require separation from their own homes and group living experience. These facilities may include: child care institutions, residential treatment facilities, maternity homes, nursing homes, hospitals, etc. A Trial Home Visit occurs when the child has been in a foster care placement, but, under continuing State agency supervision, is then returned to the principal caretaker for a limited and specified period of time. If a time period is not specified the child should be identified as having been returned home at the point at which the trial home visit exceeds six months. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral V, Question A. Also see: Appendix D, Detailed Foster Care, Element Number 41.)

• Source/Date: ACYF-CB-PIQ-94-01 (7/8/94)

6. Question: "Group homes" as they are called in some States may more closely match the AFCARS definition of "institutions" by their size, so the data reported may look like the State has foster homes and institutions as placements, and nothing much else. Won't this be a problem?

Answer: For AFCARS' reporting purposes "Group Homes" are defined as substitute care settings which house 12 or fewer children, whereas, an "Institution" provides care for more than 12 children. Given this distinction of size, and if States are consistent in their use of size as a distinguishing factor, it should be clear as to the types of substitute care children are in and should not pose a major problem.

7. Question: Please clarify the meaning of the terms removal, placement, episode, and discharge.

Answer: A Removal is either the physical act of a child being taken from his or her normal place of residence, by court order or a voluntary placement agreement and placed in a substitute care setting, or the removal of custody from the parent or relative guardian pursuant to a court order or voluntary placement agreement which permits the child to remain in a substitute care setting. Placement occurs after removal and is the physical setting in which a child finds himself or herself, that is, the resultant foster care setting. A new Placement setting results when the foster care setting changes, for example, when a child moves from one foster family home to another or to a group home or institution. An Episode is a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge. A Discharge represents that point in time when the child is no longer in foster care under the care and responsibility or supervision of the State agency. For AFCARS purposes, situations in which the State retains supervision of a child and the child returns home on a trial basis, for an unspecified period of time, are considered a discharge from foster care after a six month period. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral III, Questions A and B. Also see: Appendix D, Detailed Foster Care, Element Numbers 18, 20, and 23.)

8. Question: For AFCARS reporting purposes what information is entered for a child who returns to a placement setting different than the placement setting from which he/she ran away or left for a trial home visit?

Answer: If the child, after having run away or experienced a trial home visit, returns to a placement setting different than the one he/she ran away from or left for a trial home visit, then the "Date of Placement in Current Foster Care Setting," "Current Placement Setting," and "Number of Previous Placement Settings during this Removal Episode" will be changed. The following information should be entered, "Date of Placement in Current Foster Care Setting" will be changed to the date the child enters the "different" placement setting, "Current Placement Setting" will be changed to the appropriate setting, and "Number of Previous Placement Settings during this Removal Episode" will be increased by one (+1). (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 23, 41, and 24, respectively.)

9. Question: Why are trial home visits (which count as placements for element 41 and may last up to 6 months or more) not counted as placements for element 24 - number of placements?

Answer: Trial home visits and Runaway are the same in that they are recorded as placement settings. This allows the State to more accurately show the physical setting that the child is in at the time the report period ends. However, they are not counted in the number of placements in order to guard against misleading data. For example, in the case of a child in a group home who runs away for one week and then returns to the group home, if the runaway were counted as a placement it would appear that the child had three placements, when actually the agency had only placed the child once. Likewise, if the child was placed in a trial home visit with the intent that the child would be discharged back to the family the trial home visit should not be considered a placement. The number of placements element is meant to gather information on how many times the agency found it necessary to move the child while in foster care. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

10. Question: "Runaway" is an option for a child's "Current Placement Setting"; should it be counted when calculating the answer to, "Number of Previous Placements During This Removal Episode"?

Answer: No. While it is important for ACF to know the number of children in runaway status at a particular time, "runaway" is not a placement setting and should not be counted as such. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 41 and 24, respectively).

11. Question: For AFCARS reporting purposes what information is entered for a child who returns to the same placement setting from which he/she ran away or left for a trial home visit?

Answer: If the child returns to the same placement setting they were in, prior to running away or having the trial home visit, only the "Current Placement Setting" will be changed and it will be changed to the placement setting he/she was in prior to running away or leaving for their trial home visit. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41.)

12. Question: The data element, "Number of Previous Placement Settings During This Removal Episode" clearly indictes previous placement settings; however, the definition in the regulation says to include the current placement setting in this count. This seems to be contradictory. Which is correct?

Answer: When answering the question, "Number of Previous Placement Settings During This Removal Episode", include the current placement setting. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24. Also see: Appendix A, Section II, Roman Numeral III, Removal/Placement Setting Indicators.)

13. Question: Mental health institutions and jails are not normally considered to be the same type of facility. Some States expressed concern with counting them as the same for AFCARS. Why are they counted all the same as "institutions?"

Answer: "Institution," as it is used for AFCARS reporting, generally indicates large groups of children, even though we acknowledge that this could represent children in mental health facilities, nursing homes, long-term hospital care, juvenile justice facilities, and many other placement settings serving large numbers of individuals. To assist ACF in clarifying placements, we encourage States to footnote significant percentages, for example, 25% of children in institutional care are in juvenile justice facilities.

14. Question: If a child goes home on a regular basis (e.g., the child is placed in an institution, but goes home to his or her family on weekends), is this considered two placements each week?

15. Question: Occasionally a child may be placed in the home of a neighbor or family friend who is in the process of being licensed but is not licensed at the end of the reporting period. In this case, how should that placement setting be coded?

Answer: ACF hopes that it will be a rare occasion when a child is placed in an unlicensed facility. But in those rare cases, code the placement setting as the definition that most closely resembles the placement setting. For this case, the placement setting should be coded as a non-relative foster home. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41).

16. Question: How are children in shelter care indicated on the AFCARS questionnaire?

17. Question: If the provider changes status (e.g. was a county service foster home and changes to a child placement service) and the child remains with the same family is this 1 placement setting or 2 placement settings?

Answer: AFCARS reporting is not concerned with the status of the substitute care provider, only the number of placement setting changes a child experiences. Consequently, the child in the above question does not experience a placement setting change, therefore, no change will be made to "Number of Previous Placement Settings during this Removal Episode", (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.) If a child's placement setting status changes to a setting as defined for AFCARS reporting, e.g., a group home becomes licensed as an institution, then for AFCARS reporting purposes we would request that the child's "Current Placement Setting" be changed as appropriate. However, there would be no change in the "Date of Placement in the Current Foster Care Setting" nor in the "Number of Previous Placements During this Removal Episode". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41, 23, and 24 respectively.)

18. Question: If a child is in a foster family home and then goes to a different foster family home, is this one placement or two placements?

Answer: Two placement settings in the current episode. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

19. Question: If a foster family moves to another city or county or State, is the move considered to be a new placement for the child living with the family?

Answer: If the child remains with the same family, it should not be considered a new placement if the family moves. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23, 24, and 41.)

20. Question: The AFCARS definition of "institution" seems different from the definition used for IV-E and adoption programs. Why?

Answer: The definitional use of institutional care setting for AFCARS was purposely broadened to make it applicable to situations which cannot be recorded in any other manner. But it remains the same for purposes other than AFCARS reporting.

21. Question: How should the State count brief periods spent away from the child's foster care provider in foster care element 24, " Number of previous placement settings during the removal episode"?

• Visitation with a sibling, relative, or other caretaker (i.e., preplacement visits with a subsequent foster care provider or preadoptive parents)
• Hospitalization for medical treatment, acute psychiatric episodes or diagnosis
• Respite care
• Day or summer camps
• Trial home visits
• Runaway episodes
• Source/Date: (5-28-02)
• Legal and Related References: Social Security Act - section 479; 45 CFR 1355.40 & appendices; Child Welfare Policy Manual Sections 1.2B.7 and 1.3

22. Question: How should a State count a child's placement back into a previous foster home in foster care element 24, "Number of previous placement settings during the removal episode"? Should a State only increase the number of previous placement settings if the child is placed in a foster care setting in which he has not been placed before?

Answer: Foster care element 24 is meant to gather information on how many times the agency found it necessary to move the child while in foster care. Therefore, the number of previous placement settings during the removal episode must reflect all placement moves including the current placement and placements into a previous foster care setting, regardless of whether the child was previously placed in that setting. The exception to this policy is with regard to a child who returns to the same foster care setting following a temporary absence that is specifically excluded from the calulation of previous placment settings.(see CWPM 1.2B.7).

• Legal and Related References: Appendix A to 45 CFR 1355.40

23. Question: If a child is on a trial home visit or has run away how should the State report this child in AFCARS?

Answer: The State must indicate the date the child was placed on the trial home visit, or known to have run away from the last placement setting as the "Date of placement in current foster care setting" (foster care element 23). The State must also change the "Current Placement Setting" (foster care element 41) to either "Runaway" or "Trial Home Visit", as appropriate. The State should not increase the "number of previous placement settings during this removal episode" (foster care element 24).

• Legal and Related References: Social Security Act - section 479; 45 CFR 1355.40 & appendices

24. Question: Should a State report in AFCARS a child who is under the placement and care responsibility of the State title IV-B/IV-E agency but who has not yet been placed in a foster care setting because the child ran away prior to placement?

Answer: Yes. The State should report to AFCARS children who are under the placement and care responsibility of the title IV-E agency but who ran away prior to the child?s placement in a foster care setting. In this situation, the State should report the child as having a current placement setting (foster care element #41) of runaway and indicate the date the child ran away as the date of placement in current foster care setting (foster care element #23). Since there has not been an actual placement, the State should indicate a placement count (foster care element #24) of zero.

• Source/Date: 8/21/2006
• Legal and Related References: Social Security Act - section 479

25. Question: If a child in foster care moves within a child care institution at a single location (e.g., from one building, dorm, cottage, or wing to another within the institution) should a State report this to AFCARS as a change in placement? Is it relevant whether the child is moving within the institution because of a change in the level of care necessary?

Answer: No to both questions. The child remains at a single child care institution and placement and the State must not indicate a change in the date of placement in current foster care setting (foster care element 23), number of previous placement settings (foster care element 24) or the current placement setting (foster care element 41) due to such a move.

Office of the Revisor of Statutes

Minnesota court rules.

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JUVENILE COURT

Rules of juvenile protection procedure, rule 43. child in need of protection or services proceedings timeline, subd. 1. admit/deny hearing..

When a child is removed from home by court order, an admit/deny hearing shall be held within 10 days of the emergency protective care hearing. When a child is not placed outside the child's home by court order, an admit/deny hearing shall be held no sooner than three days and no later than 20 days after the filing of the petition. In matters governed by the Indian Child Welfare Act, an admit/deny hearing shall not be held until the provisions of Rule 30.01, subd. 3 , are met.

Subd. 2. Scheduling Order.

The court shall issue a scheduling order at the admit/deny hearing, or within 15 days of the admit/deny hearing. The scheduling order shall comply with the requirements of Rule 6 .

Subd. 3. Pretrial Hearing.

The court shall convene a pretrial hearing at least 10 days prior to trial.

Subd. 4. Trial.

If the statutory grounds set forth in the petition are denied, a trial regarding a child in need or protection or services matter shall commence within 60 days from the date of the emergency protective care hearing or the admit/deny hearing, whichever is earlier. Testimony shall be concluded within 30 days from the commencement of the trial, and whenever possible should be over consecutive days. Continuances and adjournments shall comply with Rule 5.01, subd. 2 .

Subd. 5. Findings/Adjudication.

Within 15 days of the conclusion of the testimony, during which time the court may require simultaneous written arguments to be filed and served, the court shall issue its findings and order regarding whether one or more statutory grounds set forth in the petition have been proved. The court may extend the period for issuing an order for an additional 15 days if it finds that an extension is required in the interests of justice and in the best interests of the child.

Subd. 6. Disposition.

To the extent practicable, the court shall conduct a disposition hearing and enter a disposition order the same day it makes a finding that one or more statutory grounds set forth in the petition have been proved. In the event disposition is not ordered at the same time as adjudication, the disposition order shall be issued within 10 days of the date the court finds one or more statutory grounds set forth in the petition have been proved.

Subd. 7. Review of Legal Custody.

When the disposition is transfer of legal custody, including trial home visits, to the responsible social services agency, the court shall conduct a review hearing at least every 90 days to review whether foster care is necessary and continues to be appropriate or whether the child should be returned to the home of the parent or legal custodian from whom the child was removed. Any party or the county attorney may request a review hearing before 90 days.

Subd. 8. Review of Protective Supervision.

When the disposition is protective supervision, the court shall review the disposition in court at least every six months from the date of the disposition.

Subd. 9. Timing of Required Permanency Proceedings for Child in Need of Protection or Services Matters.

(a) Reasonable Efforts for Reunification Required. When a child has been alleged or found to be in need of protection or services and has been ordered into foster care or the home of a noncustodial or nonresident parent, and reasonable efforts for reunification are required, the first order placing the child in foster care or the home of a noncustodial or nonresident parent shall set the deadlines for:

(i) the six-month permanency progress review hearing required by Minnesota Statutes, section 260C.204 , paragraph (a); and

(ii) the twelve-month hearing to commence permanency proceedings required by Minnesota Statutes, section 260C.503, subdivision 1 .

The deadline for the twelve-month hearing shall be calculated pursuant to Minnesota Statutes, section 260C.503, subdivision 3 . The court shall notify all parties and participants of these requirements.

(b) Reasonable Efforts for Reunification Not Required. When the court finds that the petition states a prima facie case that at least one of the circumstances under Minnesota Statutes, sections 260.012 , paragraph (a), 260C.178 , paragraph (g), and 260C.503, subdivision 2 , paragraph (a) exists and reasonable efforts for reunification are not required, and the county attorney has elected to file a petition under Minnesota Statutes, section 260C.503, subdivision 2 , paragraph (d), instead of a petition for termination of parental rights, the court shall order an admit/deny hearing under Rule 55 to be held within 30 days of the prima facie finding, and a trial under Rule 58 to be held within 90 days of the prima facie finding.

2019 Advisory Committee Comment

Rule 43 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 4.03, subds. 1(b)-(i) and 2. The amendment is intended to make it easier for judges, attorneys, and other individuals involved with a child in need of protection or services matter to identify the applicable timelines. Timing provisions that apply to juvenile protection matters in general are located in Rules 4 and 5.

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Melania Trump and son Barron at Trump Tower in wake of guilty verdict, mood in Trumpworld after trial was ‘gloomy’

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Melania Trump and son Barron were at Trump Tower, sources tell Page Six, in the wake of the guilty verdict against former President Donald Trump.

But the former first lady was keeping a low profile, after having not appeared at court in his case.

A source told us: “Everyone has gathered around Trump at Trump Tower.”

It’s unclear exactly when Melania, 54, and Barron, 18, arrived at the family’s Manhattan home, but a source said, “Melania and Barron were smuggled in through the side entrance.” Reports said she was at Trump Tower when the guilty verdict against her husband came down.

Another insider told Page Six of the scene yesterday in Trumpworld when the verdict came in: “It’s like a funeral … There was hope all day and then none!”

The source added, “Everyone says Melania and the entire family are rallying around the former president. But the mood is nonetheless gloomy and gloomier right now. It’s definitely viewed as a downer at Mar-a-Lago.”

A big Trump donor also summed it up by saying: “What a bummer!”

An insider added of the scene on Thursday evening, “Everyone is upset. Trump talked to both Melania and all his children, including Ivanka. [But] Trump says the real verdict will take place in November when the people vote.”

The former president, 77, was scheduled to speak Friday morning at Trump Tower in Midtown, and he’d called the case against him a “rigged, disgraceful trial” after he was convicted of 34 felonies in the infamous “hush money” case.

A source added of the mood in Trumpland yesterday, “Everyone was hoping for him to get off or at least get a hung jury … the fact it happened rather quickly has everyone in a tizzy. But Trump’s friends say it’s not unexpected, and they’re prepared for the next steps, including the appeal.”

“The real verdict will be Nov. 5 by the people … I’m a very innocent man,” Trump said as he left the courtroom, slamming President Biden, Manhattan District Attorney Alvin Bragg and the judge who oversaw the trial.

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Former White House aide Ivanka Trump had posted a pic of her dad and her as a kid to Instagram Stories with the caption “I love you dad” and a heart emoji.

A source said of recent speculation that Ivanka would enter the campaign — despite  previously backing away from politics — “The verdict will put a damper on Ivanka’s entry into the campaign, and she’ll probably now wait until the convention.”

Sources close to Ivanka have insisted her plans to concentrate on family and not politics haven’t changed.

While Trump immediately returned to work Friday — a day after becoming the first ex-president ever  convicted of felony criminal  charges — a spy told us that the trial could have taken a toll.

“People who saw Trump go into the elevator in [Trump Tower] said he’s ‘finally looking older and tired.’”

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Morning Rundown: Russia may be trying to scare people away from the Olympics, Trump warns of 'breaking point' if he gets jail time, and 30 barrier-breaking LGBTQ leaders

Can Trump vote in November now that he's been convicted of felony charges?

Former President Donald Trump is joining the millions of Americans whose voting rights depend on their criminal records after a New York jury convicted him of felony charges in a hush money case.

But experts say Trump, the presumptive Republican presidential nominee, is unlikely to be disenfranchised by the felony convictions in the New York case, noting that it would come down to whether he goes to prison as part of his sentence.

Forty-eight states prohibit some or all Americans with felony convictions on their records from voting, according to the Sentencing Project, and an estimated 4.4 million Americans — about 2% of the voting-age population — could not vote in the 2022 elections because of those laws. The group estimates that more than 1 million of them live in Florida, where Trump established his official residency in 2019.

Florida defers to other state laws when it comes to disenfranchising voters who are tried and convicted elsewhere. That means Florida voters like Trump lose their voting rights only if the states where they were convicted would disenfranchise them for the crimes, too. And if the states of their convictions would restore their voting rights, so would Florida, said Blair Bowie, an attorney at the Campaign Legal Center who advocates for the end of felony disenfranchisement.

New York prohibits those serving time behind bars for felony convictions from voting, and voting rights are restored as soon as a person leaves prison. Those convicted of felonies who do not go to prison never lose their voting rights.

In the New York case, “the only way he wouldn’t be able to vote is if he is in prison on Election Day,” Bowie said.

A 12-person jury on Thursday found Trump guilty on all 34 felony counts of falsifying business records in connection with a hush money payment to adult film actor Stormy Daniels near the end of the 2016 presidential campaign.

Trump’s sentencing hearing is scheduled for July 11 and he faces up to four years in prison. But experts say prison time for a first-time, nonviolent offender is less likely . And even if he were ordered to serve time, the inevitable appeals process would most likely delay a sentence well past the election, allowing Trump to cast a ballot for himself in his third presidential bid.

In the event of Trump's losing his voting rights in Florida, there would also be avenues for him to regain them.

Trump could seek clemency to restore his voting rights in Florida, where Gov. Ron DeSantis — his former rival in the 2024 GOP presidential primaries — oversees a process that allows people with felony convictions to regain their voting rights.

Bowie said DeSantis typically requires those with felony convictions to complete the terms of their sentencing before they apply, but he has the power to change the rules.

Conviction in federal court — where Trump faces charges in Washington, D.C., in connection with attempts to overturn the results of the 2020 election and in Florida for his handling of classified documents — could pose a greater threat to Trump's voting rights in Florida, she added, as he would need to seek clemency in Florida or a presidential pardon to vote again in the state in that scenario. But it's unclear whether those cases will go to trial before Election Day.

Bob Libal, an organizer at the Sentencing Project, said Trump's experience is not unique.

"The confusion around President Trump's eligibility to vote is representative of a confusion that a lot of people have, and I think that that confusion dissuades people from voting," he said.

“It can be quite complicated. We’re talking about Trump, who’s a person who has access to lots of lawyers, and even here you can tell it’s quite complicated,” Bowie added. “For the average person who doesn’t have access to attorneys, it can be almost impossible.”

Jane C. Timm is a senior reporter for NBC News.

Joe Biden's Visit With Hunter Biden Witness Raises Eyebrows

P resident Joe Biden 's surprise visit to Hallie Biden's home has raised eyebrows among conservative observers who pointed out that she's expected to testify in Hunter Biden 's federal trial in the coming weeks.

Users on X, formerly Twitter , questioned why the president made a nighttime visit to his daughter-in-law's home in Delaware on Sunday, noting that his son is scheduled to stand trial on June 3.

But the White House pushed back on those observations, saying that Joe made the visit because it was approaching the anniversary of his late son Beau's death . Hallie was married to Beau from 2002 until his death in 2015. She began dating Hunter in 2016 while Hunter was in the process of separating from his then-wife Kathleen Buhle. Hallie and Hunter's relationship ended in 2019.

Asked if the president discussed the upcoming trial with Hallie during the visit, White House spokesperson Andrew Bates told the New York Post , "No. He visited her because of the approaching 9th anniversary of Beau's passing."

But that didn't stop the president's critics from casting suspicion about the visit.

"What's a little witness tampering between ex in-laws?" conservative lawyer Phil Holloway tweeted .

"What's the legal term for this? Joe Biden visits Hallie Biden days before she testifies in Hunter's gun trial," New York Post columnist Miranda Devine wrote .

Another user added , "A FATHER'S LOVE KNOWS NO BOUNDS, RIGHT?"

Hallie dated Hunter at the time of his alleged gun crimes and is expected to be one of a dozen witnesses to appear in the first of his two scheduled criminal trials. Hunter is also set to stand trial in Los Angeles in September on tax-related charges.

The president's son was expected to take a plea deal last summer, but that agreement quickly fell apart in real time as his attorneys clashed with prosecutors over whether the deal would grant Hunter immunity in the future. He pleaded not guilty.

"Biden crime family boss uses presidential muscle to pressure witness: Joe Biden visits Hallie Biden days before she testifies in Hunter's gun trial," columnist John Kass wrote on X .

"Nothing to see. Move along. Hey look, a flag that became the worst possible thing in the world about four days ago," columnist Kurt Schlichter said .

In the Delaware gun case, special counsel David Weiss alleges that Hunter unlawfully purchased and kept a Colt Cobra 388PL revolver for 11 days and falsely stated on a gun purchase form that he was not an unlawful drug user. Hunter has been very open about his struggle with addiction and acknowledged his addiction to crack cocaine during that period.

The Delaware trial is expected to include testimony from both Hallie and Buhle.

Court filings show that in November 2018, Hunter texted Hallie, "I'm a liar and a thief and a blamer and a user and I'm delusional and an addict unlike beyond and above all other addicts that you know and I've ruined every relationship I've ever cherished."

The special counsel's office is also expected to show materials including text messages between Hunter and his daughter, photos and videos of him smoking crack cocaine and receipts of money spent on "various women."

But some legal commentators believe those materials are only being used to embarrass the Biden family.

"Not sure what he is accomplishing by filing it publicly, other than perhaps prompting the witnesses to urge Biden to plead guilty," former U.S. Attorney Barbara McQuade told The Washington Post.

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