HF 3391

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/21/2010 04:33pm

A bill for an act
relating to children; modifying provisions relating to children in need of
protection or services; amending Minnesota Statutes 2008, sections 260C.007,
subdivision 6; 260C.163, subdivision 2; Minnesota Statutes 2009 Supplement,
section 260C.175, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 260C.007, subdivision 6, is amended to
read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child who entered foster care under a
voluntary placement agreement between the parent and the responsible social services
agency under section 260C.212, subdivision 8;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) has engaged in prostitution as defined in section 609.321, subdivision 9;

(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) is a runaway;

(14) is a habitual truant; deleted text begin or
deleted text end

(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense new text begin ; or
new text end

new text begin (16) has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section 260C.301, subdivision 3, is not in the best interests of the child new text end .

Sec. 2.

Minnesota Statutes 2008, section 260C.163, subdivision 2, is amended to read:

Subd. 2.

Right to participate in proceedings.

A child who is the subject of
a petition, and the parents, guardian, or legal custodian of the child have the right to
participate in all proceedings on a petition. Official tribal representatives have the right
to participate in any proceeding that is subject to the Indian Child Welfare Act of 1978,
United States Code, title 25, sections 1901 to 1963.

Any grandparent of the child has a right to participate in the proceedings to the
same extent as a parent, if the child has lived with the grandparent within the two years
preceding the filing of the petition. At the first hearing following the filing of a petition,
the court shall ask whether the child has lived with a grandparent within the last two years,
except that the court need not make this inquiry if the petition states that the child did not
live with a grandparent during this time period. Failure to notify a grandparent of the
proceedings is not a jurisdictional defect.

If, in a new text begin permanency new text end proceeding involving a child in need of protection or services,
deleted text begin the responsible social services agency recommends deleted text end new text begin any party files a petition for new text end transfer
of permanent legal and physical custody to a new text begin named new text end relative, the relative has a right
to participate new text begin in the permanency proceeding new text end as a party new text begin on the issues of the relative's
suitability to be a legal and physical custodian for the child, whether the transfer is in
the child's best interests new text end , and new text begin the needs of the child. new text end Thereafter new text begin the named relative new text end shall
receive notice of any hearing in the proceedings.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 260C.175, subdivision 1, is
amended to read:

Subdivision 1.

Immediate custody.

No child may be taken into immediate custody
except:

(1) with an order issued by the court in accordance with the provisions of section
260C.151, subdivision 6, or Laws 1997, chapter 239, article 10, section 10, paragraph
(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance
with the provisions of section 260C.154;

(2) by a peace officer:

(i) when a child has run away from a parent, guardian, or custodian, or when the
peace officer reasonably believes the child has run away from a parent, guardian, or
custodian, but only for the purpose of transporting the child home, to the home of a
relative, or to another safe place new text begin , which may include a shelter care facility new text end ; or

(ii) when a child is found in surroundings or conditions which endanger the child's
health or welfare or which such peace officer reasonably believes will endanger the child's
health or welfare. If an Indian child is a resident of a reservation or is domiciled on a
reservation but temporarily located off the reservation, the taking of the child into custody
under this clause shall be consistent with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1922;

(3) by a peace officer or probation or parole officer when it is reasonably believed
that the child has violated the terms of probation, parole, or other field supervision; or

(4) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.