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Subdivision 1.County of financial responsibility.
Whenever any child who has a developmental disability, or a physical disability or mental illness is in 24-hour care outside the home including respite care, in a facility licensed by the commissioner of human services, the cost of services shall be paid by the county of financial responsibility determined pursuant to chapter 256G. If the child's parents or guardians do not reside in this state, the cost shall be paid by the responsible governmental agency in the state from which the child came, by the parents or guardians of the child if they are financially able, or, if no other payment source is available, by the commissioner of human services.
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Subd. 2b.Parental or guardian reimbursement to counties.
(a) Parental or guardian responsibility for the child's cost of care incurred by counties shall be up to the maximum amount of the total income and resources attributed to the child except for the clothing and personal needs allowance as provided in section 256B.35, subdivision 1. Reimbursement by the parents or guardians shall be made to the county making any payments for services.
(b) Notwithstanding paragraph (a), the county board may require payment of the full cost of caring for children whose parents or guardians do not reside in this state.
(c) To the extent that a child described in subdivision 1 is eligible for benefits under chapter 62A, 62C, 62D, 62E, or 64B, the county is not liable for the cost of services.
Notes of Decisions
In Re the Welfare of K.S., 427 N.W.2d 653 (Minn. 1988).
· cites it 38× “256B (1986) and that the fund may be used to reimburse a county under Minn.Stat. § 252.27 (1986). We affirm. I.”
In the Matter of the WELFARE OF the Child Of: J.P.-S. & J.D.F., Parents, 880 N.W.2d 868 (Minn. Ct. App. 2016).
· cites it 32× “1, instead of Minn.Stat. § 252.27? II. Did the district court err by declining to address appellant’s argument that she should have received a child support offset against her share of the costs of the out-of-home placements? III.”
Cnty. of Ramsey v. Wilson, 526 N.W.2d 384 (Minn. Ct. App. 1995).
· cites it 14× “If not released by the trial court, then the minor settlement funds cannot be considered attributable to the child under Minn.Stat. § 252.27, subd. 2b. Moreover, if not attributable to the child, the minor settlement funds cannot he used to reimburse the county for community…”
In Re the Welfare of M.B.P., 473 N.W.2d 389 (Minn. Ct. App. 1991).
· cites it 16× “The county is entitled, however, to reimbursement from the parents according to their ability to pay and from the child “up to the maximum amount of the total income and resources attributed to the child.” Id., subds.”
In Re the Welfare of M.F., 473 N.W.2d 367 (Minn. Ct. App. 1991).
· cites it 4× “pursuant to Minn.Stat. § 252.27, subd. 2 (1986). In holding that a minor’s personal injury settlement fund was a resource attributable to the minor within the meaning of section 252.”
Matter of Welfare of Sayles, 407 N.W.2d 414 (Minn. Ct. App. 1987).
· cites it 6× “I Minn.Stat. § 252.27, subd. 1 (1986), specifically provides that “[wjhenever any child who has mental retardation * * * is in 24 hour care outside the home * * * in a facility licensed by the commissioner of human services, the cost of care shall be paid by the county of…”
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