Foster care.

new text begin (a) new text end "Foster care" means deleted text begin 24 hour deleted text end new text begin 24-hour new text end substitute care for deleted text begin children placed away from their parents or guardian and deleted text end new text begin a child new text end for whom a responsible social services agency has placement and care responsibility deleted text begin . "Foster care" includes, but is not limited to, placement deleted text end new text begin and: new text end

new text begin (1) who is placed away from the child's parent or guardian new text end in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes deleted text begin . deleted text end new text begin ; or new text end

new text begin (2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or new text end

new text begin (3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C.201, subdivision 1, paragraph (a), clause (3). new text end

new text begin (b) new text end A child is in foster care under this definition regardless of whether the facility is licensed and payments are made for the cost of care. Nothing in this definition creates any authority to place a child in a home or facility that is required to be licensed which is not licensed. "Foster care" does not include placement in any of the following facilities: hospitals, inpatient chemical dependency treatment facilities new text begin where the child is the recipient of the treatment new text end , facilities that are primarily for delinquent children, any corrections facility or program within a particular correction's facility not meeting requirements for title IV-E facilities as determined by the commissioner, facilities to which a child is committed under the provision of chapter 253B, forestry camps, or jails. Foster care is intended to provide for a child's safety or to access treatment. Foster care must not be used as a punishment or consequence for a child's behavior.