as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to juvenile justice; recodifying, clarifying, 1.3 and relocating provisions relating to juvenile 1.4 delinquency and child protection; providing separate 1.5 areas of law dealing with child protection and 1.6 delinquency; amending Minnesota Statutes 1998, section 1.7 260.011, subdivision 1; proposing coding for new law 1.8 in Minnesota Statutes, chapter 260; proposing coding 1.9 for new law as Minnesota Statutes, chapters 260B; and 1.10 260C; repealing Minnesota Statutes 1998, sections 1.11 257.069; 257.071; 257.0711; 257.072; 257.35; 257.351; 1.12 257.352; 257.353; 257.354; 257.355; 257.356; 257.3571; 1.13 257.3572; 257.3573; 257.3574; 257.3575; 257.3576; 1.14 257.3577; 257.3578; 257.3579; 257.40; 257.41; 257.42; 1.15 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 1.16 260.011, subdivision 2; 260.012; 260.013; 260.015; 1.17 260.092; 260.094; 260.096; 260.101; 260.111; 260.115; 1.18 260.121; 260.125; 260.126; 260.131; 260.132; 260.133; 1.19 260.135; 260.141; 260.145; 260.151; 260.152; 260.155; 1.20 260.157; 260.161; 260.162; 260.165; 260.171; 260.172; 1.21 260.173; 260.1735; 260.174; 260.181; 260.185; 260.191; 1.22 260.192; 260.193; 260.195; 260.211; 260.215; 260.221; 1.23 260.241; 260.242; 260.245; 260.251; 260.255; 260.261; 1.24 260.271; 260.281; 260.291; 260.301; 260.315; 260.35; 1.25 260.36; 260.39; and 260.40. 1.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27 ARTICLE 1 1.28 ORGANIZATIONAL PROVISIONS 1.29 Section 1. Minnesota Statutes 1998, section 260.011, 1.30 subdivision 1, is amended to read: 1.31 Subdivision 1. [CITATION.] Sections 260.011 to260.3011.32 260.91 may be cited as general provisions of the Juvenile Court 1.33 Act. 1.34 Sec. 2. [260.751] [CITATION.] 1.35 Sections 260.751 to 260.835 may be cited as the "Minnesota 2.1 Indian Family Preservation Act." [257.35] 2.2 Sec. 3. [260.755] [DEFINITIONS.] 2.3 Subdivision 1. [SCOPE.] As used in sections 260.751 to 2.4 260.835, the following terms have the meanings given them. 2.5 [257.351, subd. 1] 2.6 Subd. 2. [ADMINISTRATIVE REVIEW.] "Administrative review" 2.7 means review under section 260C.212. [257.351, subd. 2] 2.8 Subd. 3. [CHILD PLACEMENT PROCEEDING.] "Child placement 2.9 proceeding" includes a judicial proceeding which could result in 2.10 the following: 2.11 (a) "Adoptive placement" means the permanent placement of 2.12 an Indian child for adoption, including an action resulting in a 2.13 final decree of adoption. 2.14 (b) "Involuntary foster care placement" means an action 2.15 removing an Indian child from its parents or Indian custodian 2.16 for temporary placement in a foster home, institution, or the 2.17 home of a guardian. The parent or Indian custodian cannot have 2.18 the child returned upon demand, but parental rights have not 2.19 been terminated. 2.20 (c) "Preadoptive placement" means the temporary placement 2.21 of an Indian child in a foster home or institution after the 2.22 termination of parental rights, before or instead of adoptive 2.23 placement. 2.24 (d) "Termination of parental rights" means an action 2.25 resulting in the termination of the parent-child relationship 2.26 under section 260C.301. 2.27 The terms include placements based upon juvenile status 2.28 offenses, but do not include a placement based upon an act which 2.29 if committed by an adult would be deemed a crime, or upon an 2.30 award of custody in a divorce proceeding to one of the parents. 2.31 [257.351, subd. 3] 2.32 Subd. 4. [COMMISSIONER.] "Commissioner" means the 2.33 commissioner of human services. [257.351, subd. 3a] 2.34 Subd. 5. [DEMAND.] "Demand" means a written and notarized 2.35 statement signed by a parent or Indian custodian of a child 2.36 which requests the return of the child who has been voluntarily 3.1 placed in foster care. [257.351, subd. 4] 3.2 Subd. 6. [FAMILY-BASED SERVICES.] "Family-based services" 3.3 means intensive family-centered services to families primarily 3.4 in their own home and for a limited time. [257.351, subd. 4a] 3.5 Subd. 7. [INDIAN.] "Indian" means a person who is a member 3.6 of an Indian tribe or an Alaskan native and a member of a 3.7 regional corporation as defined in section 7 of the Alaska 3.8 Native Claims Settlement Act, United States Code, title 43, 3.9 section 1606. [257.351, subd. 5] 3.10 Subd. 8. [INDIAN CHILD.] "Indian child" means an unmarried 3.11 person who is under age 18 and is: 3.12 (1) a member of an Indian tribe; or 3.13 (2) eligible for membership in an Indian tribe. [257.351, 3.14 subd. 6] 3.15 Subd. 9. [INDIAN CHILD'S TRIBE.] "Indian child's tribe" 3.16 means the Indian tribe in which an Indian child is a member or 3.17 eligible for membership. In the case of an Indian child who is 3.18 a member of or eligible for membership in more than one tribe, 3.19 the Indian child's tribe is the tribe with which the Indian 3.20 child has the most significant contacts. If that tribe does not 3.21 express an interest in the outcome of the actions taken under 3.22 sections 260.751 to 260.835 with respect to the child, any other 3.23 tribe in which the child is eligible for membership that 3.24 expresses an interest in the outcome may act as the Indian 3.25 child's tribe. [257.351, subd. 7] 3.26 Subd. 10. [INDIAN CUSTODIAN.] "Indian custodian" means an 3.27 Indian person who has legal custody of an Indian child under 3.28 tribal law or custom or under state law, or to whom temporary 3.29 physical care, custody, and control has been transferred by the 3.30 parent of the child. [257.351, subd. 8] 3.31 Subd. 11. [INDIAN ORGANIZATION.] "Indian organization" 3.32 means an organization providing child welfare services that is 3.33 legally incorporated as a nonprofit organization, is registered 3.34 with the secretary of state, and is governed by a board of 3.35 directors having at least a majority of Indian directors. 3.36 [257.351, subd. 8a] 4.1 Subd. 12. [INDIAN TRIBE.] "Indian tribe" means an Indian 4.2 tribe, band, nation, or other organized group or community of 4.3 Indians recognized as eligible for the services provided to 4.4 Indians by the secretary because of their status as Indians, 4.5 including any band under the Alaska Native Claims Settlement 4.6 Act, United States Code, title 43, section 1602, and exercising 4.7 tribal governmental powers. [257.351, subd. 9] 4.8 Subd. 13. [LOCAL SOCIAL SERVICE AGENCY.] "Local social 4.9 service agency" means the local agency under the authority of 4.10 the county welfare or human services board or county board of 4.11 commissioners which is responsible for human services. 4.12 [257.351, subd. 10] 4.13 Subd. 14. [PARENT.] "Parent" means the biological parent 4.14 of an Indian child, or any Indian person who has lawfully 4.15 adopted an Indian child, including a person who has adopted a 4.16 child by tribal law or custom. It does not include an unmarried 4.17 father whose paternity has not been acknowledged or established. 4.18 [257.351, subd. 11] 4.19 Subd. 15. [PERMANENCY PLANNING.] "Permanency planning" 4.20 means the systematic process of carrying out, within a short 4.21 time, a set of goal-oriented activities designed to help 4.22 children live in families that offer continuity of relationships 4.23 with nurturing parents or caretakers, and the opportunity to 4.24 establish lifetime relationships. [257.351, subd. 11a] 4.25 Subd. 16. [PLACEMENT PREVENTION AND FAMILY REUNIFICATION 4.26 SERVICES.] "Placement prevention and family reunification 4.27 services" means services designed to help children remain with 4.28 their families or to reunite children with their parents. 4.29 [257.351, subd. 11b] 4.30 Subd. 17. [PRIVATE CHILD-PLACING AGENCY.] "Private 4.31 child-placing agency" means a private organization, association, 4.32 or corporation providing assistance to children and parents in 4.33 their own homes and placing children in foster care or for 4.34 adoption. [257.351, subd. 12] 4.35 Subd. 18. [RESERVATION.] "Reservation" means Indian 4.36 country as defined in United States Code, title 18, section 1151 5.1 and any lands which are either held by the United States in 5.2 trust for the benefit of an Indian tribe or individual, or held 5.3 by an Indian tribe or individual subject to a restriction by the 5.4 United States against alienation. [257.351, subd. 13] 5.5 Subd. 19. [SECRETARY.] "Secretary" means the secretary of 5.6 the United States Department of the Interior. [257.351, subd. 5.7 14] 5.8 Subd. 20. [TRIBAL COURT.] "Tribal court" means a court 5.9 with federally recognized jurisdiction over child custody 5.10 proceedings which is either a court of Indian offenses, or a 5.11 court established and operated under the code or custom of an 5.12 Indian tribe, or the administrative body of a tribe which is 5.13 vested with authority over child custody proceedings. Except as 5.14 provided in section 260.771, subdivision 5, nothing in this 5.15 chapter shall be construed as conferring jurisdiction on an 5.16 Indian tribe. [257.351, subd. 15] 5.17 Subd. 21. [TRIBAL SOCIAL SERVICE AGENCY.] "Tribal social 5.18 service agency" means the unit under authority of the governing 5.19 body of the Indian tribe which is responsible for human 5.20 services. [257.351, subd. 16] 5.21 Subd. 22. [VOLUNTARY FOSTER CARE PLACEMENT.] "Voluntary 5.22 foster care placement" means a decision in which there has been 5.23 participation by a local social service agency or private 5.24 child-placing agency resulting in the temporary placement of an 5.25 Indian child away from the home of the child's parents or Indian 5.26 custodian in a foster home, institution, or the home of a 5.27 guardian, and the parent or Indian custodian may have the child 5.28 returned upon demand. [257.351, subd. 17] 5.29 Sec. 4. [260.761] [SOCIAL SERVICE AGENCY AND PRIVATE 5.30 LICENSED CHILD-PLACING AGENCY NOTICE TO TRIBES.] 5.31 Subdivision 1. [DETERMINATION OF INDIAN CHILD'S TRIBE.] 5.32 The local social service agency or private licensed 5.33 child-placing agency shall determine whether a child brought to 5.34 its attention for the purposes described in this section is an 5.35 Indian child and the identity of the Indian child's tribe. 5.36 [257.352, subd. 1] 6.1 Subd. 2. [AGENCY NOTICE OF POTENTIAL OUT-OF-HOME 6.2 PLACEMENT.] When a local social service agency or private 6.3 child-placing agency determines that an Indian child is in a 6.4 dependent or other condition that could lead to an out-of-home 6.5 placement and requires the continued involvement of the agency 6.6 with the child for a period in excess of 30 days, the agency 6.7 shall send notice of the condition and of the initial steps 6.8 taken to remedy it to the Indian child's tribal social service 6.9 agency within seven days of the determination. At this and any 6.10 subsequent stage of its involvement with an Indian child, the 6.11 agency shall, upon request, give the tribal social service 6.12 agency full cooperation including access to all files concerning 6.13 the child. If the files contain confidential or private data, 6.14 the agency may require execution of an agreement with the tribal 6.15 social service agency that the tribal social service agency 6.16 shall maintain the data according to statutory provisions 6.17 applicable to the data. This subdivision applies whenever the 6.18 court transfers legal custody of an Indian child under section 6.19 260B.198, subdivision 1, paragraph (c), clause (1), (2), or (3) 6.20 following an adjudication for a misdemeanor-level delinquent act. 6.21 [257.352, subd. 2] 6.22 Subd. 3. [NOTICE OF POTENTIAL PREADOPTIVE OR ADOPTIVE 6.23 PLACEMENT.] In any voluntary adoptive or preadoptive placement 6.24 proceeding in which a local social service agency, private 6.25 child-placing agency, petitioner in the adoption, or any other 6.26 party has reason to believe that a child who is the subject of 6.27 an adoptive or preadoptive placement proceeding is or may be an 6.28 "Indian child," as defined in section 257.351, subdivision 8, 6.29 and United States Code, title 25, section 1903(4), the agency or 6.30 person shall notify the Indian child's tribal social service 6.31 agency by registered mail with return receipt requested of the 6.32 pending proceeding and of the right of intervention under 6.33 subdivision 6. If the identity or location of the child's tribe 6.34 cannot be determined, the notice must be given to the United 6.35 States secretary of interior in like manner, who will have 15 6.36 days after receipt of the notice to provide the requisite notice 7.1 to the tribe. No preadoptive or adoptive placement proceeding 7.2 may be held until at least ten days after receipt of the notice 7.3 by the tribe or secretary. Upon request, the tribe must be 7.4 granted up to 20 additional days to prepare for the proceeding. 7.5 The agency or notifying party shall include in the notice the 7.6 identity of the birth parents and child absent written objection 7.7 by the birth parents. The private child-placing agency shall 7.8 inform the birth parents of the Indian child of any services 7.9 available to the Indian child through the child's tribal social 7.10 service agency, including child placement services, and shall 7.11 additionally provide the birth parents of the Indian child with 7.12 all information sent from the tribal social service agency in 7.13 response to the notice. [257.352, subd. 3] 7.14 Subd. 4. [UNKNOWN FATHER.] If the local social service 7.15 agency, private child-placing agency, the court, petitioner, or 7.16 any other party has reason to believe that a child who is the 7.17 subject of an adoptive placement proceeding is or may be an 7.18 Indian child but the father of the child is unknown and has not 7.19 registered with the fathers' adoption registry pursuant to 7.20 section 259.52, the agency or person shall provide to the tribe 7.21 believed to be the Indian child's tribe information sufficient 7.22 to enable the tribe to determine the child's eligibility for 7.23 membership in the tribe, including, but not limited to, the 7.24 legal and maiden name of the birth mother, her date of birth, 7.25 the names and dates of birth of her parents and grandparents, 7.26 and, if available, information pertaining to the possible 7.27 identity, tribal affiliation, or location of the birth father. 7.28 [257.352, subd. 3a] 7.29 Subd. 5. [PROOF OF SERVICE OF NOTICE UPON TRIBE OR 7.30 SECRETARY.] In cases where an agency or party to an adoptive 7.31 placement knows or has reason to believe that a child is or may 7.32 be an Indian child, proof of service upon the child's tribe or 7.33 the secretary of interior must be filed with the adoption 7.34 petition. [257.352, subd. 3b] 7.35 Subd. 6. [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any 7.36 state court proceeding for the voluntary adoptive or preadoptive 8.1 placement of an Indian child, the Indian child's tribe shall 8.2 have a right to intervene at any point in the proceeding. 8.3 [257.352, subd. 3c] 8.4 Subd. 7. [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any 8.5 agency considering placement of an Indian child shall make 8.6 reasonable efforts to identify and locate extended family 8.7 members. [257.352, subd. 4] 8.8 Sec. 5. [260.765] [VOLUNTARY FOSTER CARE PLACEMENT.] 8.9 Subdivision 1. [DETERMINATION OF INDIAN CHILD'S TRIBE.] 8.10 The local social service agency or private licensed 8.11 child-placing agency shall determine whether a child brought to 8.12 its attention for the purposes described in this section is an 8.13 Indian child and the identity of the Indian child's tribe. 8.14 [257.353, subd. 1] 8.15 Subd. 2. [NOTICE.] When an Indian child is voluntarily 8.16 placed in foster care, the local social service agency involved 8.17 in the decision to place the child shall give notice of the 8.18 placement to the child's parents, tribal social service agency, 8.19 and the Indian custodian within seven days of placement, 8.20 excluding weekends and holidays. 8.21 If a private licensed child-placing agency makes a 8.22 temporary voluntary foster care placement pending a decision on 8.23 adoption by a parent, notice of the placement shall be given to 8.24 the child's parents, tribal social service agency, and the 8.25 Indian custodian upon the filing of a petition for termination 8.26 of parental rights or three months following the temporary 8.27 placement, whichever occurs first. 8.28 At this and any subsequent stage of its involvement with an 8.29 Indian child, the agency shall, upon request, give the tribal 8.30 social service agency full cooperation including access to all 8.31 files concerning the child. If the files contain confidential 8.32 or private data, the agency may require execution of an 8.33 agreement with the tribal social service agency that the tribal 8.34 social service agency shall maintain the data according to 8.35 statutory provisions applicable to the data. [257.353, subd. 2] 8.36 Subd. 3. [NOTICE OF ADMINISTRATIVE REVIEW.] In an 9.1 administrative review of a voluntary foster care placement, the 9.2 tribal social service agency of the child, the Indian custodian, 9.3 and the parents of the child shall have notice and a right of 9.4 participation in the review. [257.353, subd. 3] 9.5 Subd. 4. [RETURN OF CHILD IN VOLUNTARY PLACEMENT.] Upon 9.6 demand by the parent or Indian custodian of an Indian child, the 9.7 local social service agency or private licensed child-placing 9.8 agency shall return the child in voluntary foster care placement 9.9 to the parent or Indian custodian within 24 hours of the receipt 9.10 of the demand. If the request for return does not satisfy the 9.11 requirement of section 260.755, subdivision 5, the local social 9.12 service agency or private child-placing agency shall immediately 9.13 inform the parent or Indian custodian of the Indian child of the 9.14 requirement. [257.353, subd. 4] 9.15 Subd. 5. [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any 9.16 agency considering placement of an Indian child shall make 9.17 reasonable efforts to identify and locate extended family 9.18 members. [257.353, subd. 5] 9.19 Sec. 6. [260.771] [CHILD PLACEMENT PROCEEDINGS.] 9.20 Subdivision 1. [INDIAN TRIBE JURISDICTION.] An Indian 9.21 tribe with a tribal court has exclusive jurisdiction over a 9.22 child placement proceeding involving an Indian child who resides 9.23 within the reservation of such tribe at the commencement of the 9.24 proceedings. When an Indian child is in the legal custody of a 9.25 person or agency pursuant to an order of a tribal court, the 9.26 Indian tribe retains exclusive jurisdiction, notwithstanding the 9.27 residence or domicile of the child. [257.354, subd. 1] 9.28 Subd. 2. [COURT DETERMINATION OF TRIBAL AFFILIATION OF 9.29 CHILD.] In any child placement proceeding, the court shall 9.30 establish whether an Indian child is involved and the identity 9.31 of the Indian child's tribe. [257.354, subd. 2] 9.32 Subd. 3. [TRANSFER OF PROCEEDINGS.] In a proceeding for 9.33 the termination of parental rights or involuntary foster care 9.34 placement of an Indian child not within the jurisdiction of 9.35 subdivision 1, the court, in the absence of good cause to the 9.36 contrary, shall transfer the proceeding to the jurisdiction of 10.1 the tribe absent objection by either parent, upon the petition 10.2 of either parent or the Indian custodian or the Indian child's 10.3 tribe. The transfer shall be subject to declination by the 10.4 tribal court of such tribe. [257.354, subd. 3] 10.5 Subd. 4. [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the 10.6 extent that any child subject to sections 260.755 to 260.835 is 10.7 otherwise eligible for social services, orders of a tribal court 10.8 concerning placement of such child shall have the same force and 10.9 effect as orders of a court of this state. In any case where 10.10 the tribal court orders placement through a local social service 10.11 agency, the court shall provide to the local agency notice and 10.12 an opportunity to be heard regarding the placement. 10.13 Determination of county of financial responsibility for the 10.14 placement shall be determined by the local social service agency 10.15 in accordance with section 256G.02, subdivision 4. Disputes 10.16 concerning the county of financial responsibility shall be 10.17 settled in the manner prescribed in section 256G.09. [257.354, 10.18 subd. 4] 10.19 Subd. 5. [INDIAN TRIBE AGREEMENTS.] The commissioner is 10.20 hereby authorized to enter into agreements with Indian tribes 10.21 pursuant to United States Code, title 25, section 1919, 10.22 respecting care and custody of Indian children and jurisdiction 10.23 over child custody proceedings, including agreements which may 10.24 provide for orderly transfer of jurisdiction on a case-by-case 10.25 basis and agreements which provide for concurrent jurisdiction 10.26 between the state and an Indian tribe. [257.354, subd. 5] 10.27 Sec. 7. [260.775] [PLACEMENT RECORDS.] 10.28 The commissioner of human services shall publish annually 10.29 an inventory of all Indian children in residential facilities. 10.30 The inventory shall include, by county and statewide, 10.31 information on legal status, living arrangement, age, sex, tribe 10.32 in which the child is a member or eligible for membership, 10.33 accumulated length of time in foster care, and other demographic 10.34 information deemed appropriate concerning all Indian children in 10.35 residential facilities. The report must also state the extent 10.36 to which authorized child-placing agencies comply with the order 11.1 of preference described in United States Code, title 25, section 11.2 1901, et seq. [257.355] 11.3 Sec. 8. [260.781] [RECORDS; INFORMATION AVAILABILITY.] 11.4 Subdivision 1. [COURT DECREE INFORMATION.] A state court 11.5 entering a final decree or order in an Indian child adoptive 11.6 placement shall provide the department of human services and the 11.7 child's tribal social service agency with a copy of the decree 11.8 or order together with such other information to show: 11.9 (1) the name and tribal affiliation of the child; 11.10 (2) the names and addresses of the biological parents; 11.11 (3) the names and addresses of the adoptive parents; and 11.12 (4) the identity of any agency having files or information 11.13 relating to the adoptive placement. 11.14 If the court records contain an affidavit of the biological 11.15 or adoptive parent or parents requesting anonymity, the court 11.16 shall delete the name and address of the biological or adoptive 11.17 parents from the information sent to the child's tribal social 11.18 service agency. [257.356, subd. 1] 11.19 Subd. 2. [DISCLOSURE OF RECORDS.] Upon the request of an 11.20 adopted Indian person over the age of 18, the adoptive or foster 11.21 parents of an Indian person, or an Indian tribal social service 11.22 agency, the department of human services shall disclose to the 11.23 Indian person's tribe information necessary for membership of an 11.24 Indian person in the tribe in which the person may be eligible 11.25 for membership or for determining any rights or benefits 11.26 associated with that membership. When the documents relating to 11.27 the person contain an affidavit from the biological or adoptive 11.28 parent or parents requesting anonymity, the department must use 11.29 the procedures described in United States Code, title 25, 11.30 section 1951, paragraph (b). [257.356, subd. 2] 11.31 Sec. 9. [260.785] [INDIAN CHILD WELFARE GRANTS.] 11.32 Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner 11.33 shall establish direct grants to Indian tribes, Indian 11.34 organizations, and tribal social service agency programs located 11.35 off-reservation that serve Indian children and their families to 11.36 provide primary support for Indian child welfare programs to 12.1 implement the Indian Family Preservation Act. [257.3571, subd. 12.2 1] 12.3 Subd. 2. [SPECIAL FOCUS GRANTS.] The commissioner shall 12.4 establish direct grants to local social service agencies, 12.5 tribes, Indian organizations, and other organizations for 12.6 placement prevention and family reunification services for 12.7 Indian children. [257.3571, subd. 2] 12.8 Subd. 3. [COMPLIANCE GRANTS.] The commissioner shall 12.9 establish direct grants to an Indian child welfare defense 12.10 corporation, as defined in section 611.216, subdivision 1a, to 12.11 promote statewide compliance with the Indian family preservation 12.12 act and the Indian Child Welfare Act, United States Code, title 12.13 25, section 1901 et seq. The commissioner shall give priority 12.14 consideration to applicants with demonstrated capability of 12.15 providing legal advocacy services statewide. [257.3571, subd. 12.16 2a] 12.17 Subd. 4. [REQUEST FOR PROPOSALS.] The commissioner shall 12.18 request proposals for grants under subdivisions 1, 2, and 2a, 12.19 and specify the information and criteria required. [257.3571, 12.20 subd. 3] 12.21 Sec. 10. [260.791] [GRANT APPLICATIONS.] 12.22 A tribe, Indian organization, or tribal social service 12.23 agency program located off-reservation may apply for primary 12.24 support grants under section 257.3571, subdivision 1. A local 12.25 social service agency, tribe, Indian organization, or other 12.26 social service organization may apply for special focus grants 12.27 under section 257.3571, subdivision 2. Civil legal service 12.28 organizations eligible for grants under section 257.3571, 12.29 subdivision 2a, may apply for grants under that section. 12.30 Application may be made alone or in combination with other 12.31 tribes or Indian organizations. [257.3572] 12.32 Sec. 11. [260.795] [ELIGIBLE SERVICES.] 12.33 Subdivision 1. [TYPES OF SERVICES.] (a) Eligible Indian 12.34 child welfare services provided under primary support grants 12.35 include: 12.36 (1) placement prevention and reunification services; 13.1 (2) family-based services; 13.2 (3) individual and family counseling; 13.3 (4) access to professional individual, group, and family 13.4 counseling; 13.5 (5) crisis intervention and crisis counseling; 13.6 (6) development of foster and adoptive placement resources, 13.7 including recruitment, licensing, and support; 13.8 (7) court advocacy; 13.9 (8) training and consultation to county and private social 13.10 service agencies regarding the Indian Child Welfare Act and the 13.11 Minnesota Indian Family Preservation Act; 13.12 (9) advocacy in working with the county and private social 13.13 service agencies, and activities to help provide access to 13.14 agency services, including but not limited to 24-hour caretaker 13.15 and homemaker services, day care, emergency shelter care up to 13.16 30 days in 12 months, access to emergency financial assistance, 13.17 and arrangements to provide temporary respite care to a family 13.18 for up to 72 hours consecutively or 30 days in 12 months; 13.19 (10) transportation services to the child and parents to 13.20 prevent placement or reunite the family; and 13.21 (11) other activities and services approved by the 13.22 commissioner that further the goals of the Indian Child Welfare 13.23 Act and the Indian Family Preservation Act, including but not 13.24 limited to recruitment of Indian staff for local social service 13.25 agencies and licensed child-placing agencies. The commissioner 13.26 may specify the priority of an activity and service based on its 13.27 success in furthering these goals. 13.28 (b) Eligible services provided under special focus grants 13.29 include; 13.30 (1) permanency planning activities that meet the special 13.31 needs of Indian families; 13.32 (2) teenage pregnancy; 13.33 (3) independent living skills; 13.34 (4) family and community involvement strategies to combat 13.35 child abuse and chronic neglect of children; 13.36 (5) coordinated child welfare and mental health services to 14.1 Indian families; 14.2 (6) innovative approaches to assist Indian youth to 14.3 establish better self-image, decrease isolation, and decrease 14.4 the suicide rate; 14.5 (7) expanding or improving services by packaging and 14.6 disseminating information on successful approaches or by 14.7 implementing models in Indian communities relating to the 14.8 development or enhancement of social structures that increase 14.9 family self-reliance and links with existing community 14.10 resources; 14.11 (8) family retrieval services to help adopted individuals 14.12 reestablish legal affiliation with the Indian tribe; and 14.13 (9) other activities and services approved by the 14.14 commissioner that further the goals of the Indian Child Welfare 14.15 Act and the Indian Family Preservation Act. The commissioner 14.16 may specify the priority of an activity and service based on its 14.17 success in furthering these goals. 14.18 (c) The commissioner shall give preference to programs that 14.19 use Indian staff, contract with Indian organizations or tribes, 14.20 or whose application is a joint effort between the Indian and 14.21 non-Indian community to achieve the goals of the Indian Child 14.22 Welfare Act and the Minnesota Indian Family Preservation Act. 14.23 Programs must have input and support from the Indian community. 14.24 [257.3573, subd. 1] 14.25 Subd. 2. [INAPPROPRIATE EXPENDITURES.] Indian child 14.26 welfare grant money must not be used for: 14.27 (1) child day care necessary solely because of employment 14.28 or training for employment of a parent or other relative with 14.29 whom the child is living; 14.30 (2) foster care maintenance or difficulty of care payments; 14.31 (3) residential facility payments; 14.32 (4) adoption assistance payments; 14.33 (5) public assistance payments for aid to families with 14.34 dependent children, Minnesota family investment 14.35 program-statewide, supplemental aid, medical assistance, general 14.36 assistance, general assistance medical care, or community health 15.1 services authorized by sections 145A.01 to 145A.14; or 15.2 (6) administrative costs for income maintenance staff. 15.3 [257.3573, subd. 2] 15.4 Subd. 3. [REVENUE ENHANCEMENT.] The commissioner shall 15.5 submit claims for federal reimbursement earned through the 15.6 activities and services supported through Indian child welfare 15.7 grants. The commissioner may set aside a portion of the federal 15.8 funds earned under this subdivision to establish and support a 15.9 new Indian child welfare position in the department of human 15.10 services to provide program development. The commissioner shall 15.11 use any federal revenue not set aside to expand services under 15.12 section 260.785. The federal revenue earned under this 15.13 subdivision is available for these purposes until the funds are 15.14 expended. [257.3573, subd. 3] 15.15 Sec. 12. [260.805] [CONTINUED LEGAL RESPONSIBILITY OF 15.16 LOCAL SOCIAL SERVICE AGENCIES.] 15.17 The legal responsibility of local social service agencies 15.18 to provide Indian child welfare services continues, and existing 15.19 services must not be reduced because of the availability of 15.20 these funds. [257.3574] 15.21 Sec. 13. [260.810] [PAYMENTS; REQUIRED REPORTS.] 15.22 Subdivision 1. [PAYMENTS.] The commissioner shall make 15.23 grant payments to each approved program in four quarterly 15.24 installments a year. The commissioner may certify an advance 15.25 payment for the first quarter of the state fiscal year. Later 15.26 payments must be made upon receipt by the state of a quarterly 15.27 report on finances and program activities. [257.3575, subd. 1] 15.28 Subd. 2. [QUARTERLY REPORT.] The commissioner shall 15.29 specify requirements for reports, including quarterly fiscal 15.30 reports, according to section 256.01, subdivision 2, paragraph 15.31 (17). Each quarter, an approved program receiving an Indian 15.32 child welfare grant shall submit a report to the commissioner 15.33 that includes: 15.34 (1) a detailed accounting of grant money expended during 15.35 the preceding quarter, specifying expenditures by line item and 15.36 year to date; and 16.1 (2) a description of Indian child welfare activities 16.2 conducted during the preceding quarter, including the number of 16.3 clients served and the type of services provided. 16.4 The quarterly reports must be submitted no later than 30 16.5 days after the end of each quarter of the state fiscal year. 16.6 [257.3575, subd. 2] 16.7 Subd. 3. [FINAL REPORT.] A final evaluation report must be 16.8 submitted by each approved program. It must include client 16.9 outcomes, cost and effectiveness in meeting the goals of the 16.10 Indian Family Preservation Act and permanency planning goals. 16.11 [257.3575, subd. 3] 16.12 Sec. 14. [260.815] [MONITORING AND EVALUATION.] 16.13 The commissioner shall design and implement methods for 16.14 monitoring the delivery and evaluating the effectiveness of 16.15 Indian child welfare services funded through these grants. 16.16 [257.3576] 16.17 Sec. 15. [260.821] [GRANT FORMULA.] 16.18 Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount 16.19 available for grants established under section 260.785, 16.20 subdivision 1, to tribes, Indian organizations, and tribal 16.21 social service agency programs located off-reservation is 16.22 four-fifths of the total annual appropriation for Indian child 16.23 welfare grants. 16.24 (b) The commissioner shall award tribes at least 70 percent 16.25 of the amount set in paragraph (a) for primary support grants. 16.26 Each tribe shall be awarded a base amount of five percent of the 16.27 total amount set in this paragraph. In addition, each tribe 16.28 shall be allocated a proportion of the balance of the amount set 16.29 in this paragraph, less the total base amounts for all 16.30 reservations. This proportion must equal the ratio of the 16.31 tribe's on-reservation population to the state's total 16.32 on-reservation population. Population data must be based on the 16.33 most recent federal census data according to the state 16.34 demographer's office. 16.35 (c) The commissioner shall award Indian organizations and 16.36 tribal social service agency programs located off-reservation 17.1 that serve Indian children and families up to 30 percent of the 17.2 amount set in paragraph (a) for primary support grants. A 17.3 maximum of four multiservice Indian organizations and tribal 17.4 social service agency programs located off-reservation may be 17.5 awarded grants under this paragraph. "Multiservice Indian 17.6 organizations" means Indian organizations recognized by the 17.7 Indian community as providing a broad continuum of social, 17.8 educational, or cultural services, including Indian child 17.9 welfare services designed to meet the unique needs of the Indian 17.10 communities in Minneapolis, St. Paul, and Duluth. Grants may be 17.11 awarded to programs that submit acceptable proposals, comply 17.12 with the goals and the application process of the program, and 17.13 have budgets that reflect appropriate and efficient use of funds. 17.14 To maintain continuity of service in Indian communities, primary 17.15 support grants awarded under this paragraph which meet the grant 17.16 criteria and have demonstrated satisfactory performance as 17.17 established by the commissioner may be awarded on a 17.18 noncompetitive basis. The commissioner may revoke or deny 17.19 funding for Indian organizations or tribal social service 17.20 agencies failing to meet the grant criteria established by the 17.21 commissioner, and the commissioner may request new proposals 17.22 from Indian organizations or tribal social service agencies to 17.23 the extent that funding is available. [257.3577, subd. 1] 17.24 Subd. 2. [SPECIAL FOCUS GRANTS.] The amount available for 17.25 grants established under section 260.785, subdivision 2, for 17.26 local social service agencies, tribes, Indian organizations, and 17.27 other social services organizations is one-fifth of the total 17.28 annual appropriation for Indian child welfare grants. The 17.29 maximum award under this subdivision is $100,000 a year for 17.30 programs approved by the commissioner. [257.3577, subd. 2] 17.31 Sec. 16. [260.831] [UNDISTRIBUTED FUNDS.] 17.32 Undistributed funds must be reallocated by the department 17.33 of human services to any other grant categories established 17.34 under section 260.785, subdivision 1 or 2, for the goals of this 17.35 grant process. Undistributed funds are available until 17.36 expended. [257.3578] 18.1 Sec. 17. [260.835] [AMERICAN INDIAN CHILD WELFARE ADVISORY 18.2 COUNCIL.] 18.3 The commissioner shall appoint an American Indian advisory 18.4 council to help formulate policies and procedures relating to 18.5 Indian child welfare services and to make recommendations 18.6 regarding approval of grants provided under section 257.3571, 18.7 subdivisions 1, 2, and 2a. The council shall consist of 17 18.8 members appointed by the commissioner and must include 18.9 representatives of each of the 11 Minnesota reservations who are 18.10 authorized by tribal resolution, one representative from the 18.11 Duluth Urban Indian Community, three representatives from the 18.12 Minneapolis Urban Indian Community, and two representatives from 18.13 the St. Paul Urban Indian Community. Representatives from the 18.14 urban Indian communities must be selected through an open 18.15 appointments process under section 15.0597. The terms, 18.16 compensation, and removal of American Indian child welfare 18.17 advisory council members shall be as provided in section 15.059. 18.18 [257.3579] 18.19 Sec. 18. [260.851] [INTERSTATE COMPACT ON THE PLACEMENT OF 18.20 CHILDREN.] 18.21 The interstate compact on the placement of children is 18.22 hereby enacted into law and entered into with all other 18.23 jurisdictions legally joining therein in form substantially as 18.24 follows: 18.25 ARTICLE 1 18.26 PURPOSE AND POLICY 18.27 It is the purpose and policy of the party states to 18.28 cooperate with each other in the interstate placement of 18.29 children to the end that: 18.30 (a) Each child requiring placement shall receive the 18.31 maximum opportunity to be placed in a suitable environment and 18.32 with persons or institutions having appropriate qualifications 18.33 and facilities to provide a necessary and desirable degree and 18.34 type of care. 18.35 (b) The appropriate authorities in a state where a child is 18.36 to be placed may have full opportunity to ascertain the 19.1 circumstances of the proposed placement, thereby promoting full 19.2 compliance with applicable requirements for the protection of 19.3 the child. 19.4 (c) The proper authorities of the state from which the 19.5 placement is made may obtain the most complete information on 19.6 the basis on which to evaluate a projected placement before it 19.7 is made. 19.8 (d) Appropriate jurisdictional arrangements for the care of 19.9 children will be promoted. [257.40] 19.10 ARTICLE 2 19.11 DEFINITIONS 19.12 As used in this compact: 19.13 (a) "Child" means a person who, by reason of minority, is 19.14 legally subject to parental, guardianship or similar control. 19.15 (b) "Sending agency" means a party state, officer or 19.16 employee thereof; a subdivision of a party state, or officer or 19.17 employee thereof; a court of a party state; a person, 19.18 corporation, association, charitable agency or other entity 19.19 which sends, brings, or causes to be sent or brought any child 19.20 to another party state. 19.21 (c) "Receiving state" means the state to which a child is 19.22 sent, brought, or caused to be sent or brought, whether by 19.23 public authorities or private persons or agencies, and whether 19.24 for placement with state or local public authorities or for 19.25 placement with private agencies or persons. 19.26 (d) "Placement" means the arrangement for the care of a 19.27 child in a family free or boarding home or in a child-caring 19.28 agency or institution but does not include any institution 19.29 caring for the mentally ill, mentally defective or persons 19.30 having epilepsy or any institution primarily educational in 19.31 character, and any hospital or other medical facility. [257.40] 19.32 ARTICLE 3 19.33 CONDITIONS FOR PLACEMENT 19.34 (a) No sending agency shall send, bring, or cause to be 19.35 sent or brought into any other party state any child for 19.36 placement in foster care or as a preliminary to a possible 20.1 adoption unless the sending agency shall comply with each and 20.2 every requirement set forth in this article and with the 20.3 applicable laws of the receiving state governing the placement 20.4 of children therein. 20.5 (b) Prior to sending, bringing or causing any child to be 20.6 sent or brought into a receiving state for placement in foster 20.7 care or as a preliminary to a possible adoption, the sending 20.8 agency shall furnish the appropriate public authorities in the 20.9 receiving state written notice of the intention to send, bring, 20.10 or place the child in the receiving state. The notice shall 20.11 contain: 20.12 (1) The name, date and place of birth of the child. 20.13 (2) The identity and address or addresses of the parents or 20.14 legal guardian. 20.15 (3) The name and address of the person, agency or 20.16 institution to or with which the sending agency proposes to 20.17 send, bring, or place the child. 20.18 (4) A full statement of the reasons for such proposed 20.19 action and evidence of the authority pursuant to which the 20.20 placement is proposed to be made. 20.21 (c) Any public officer or agency in a receiving state which 20.22 is in receipt of a notice pursuant to paragraph (b) of this 20.23 article may request of the sending agency, or any other 20.24 appropriate officer or agency of or in the sending agency's 20.25 state, and shall be entitled to receive therefrom, such 20.26 supporting or additional information as it may deem necessary 20.27 under the circumstances to carry out the purpose and policy of 20.28 this compact. 20.29 (d) The child shall not be sent, brought, or caused to be 20.30 sent or brought into the receiving state until the appropriate 20.31 public authorities in the receiving state shall notify the 20.32 sending agency, in writing, to the effect that the proposed 20.33 placement does not appear to be contrary to the interests of the 20.34 child. [257.40] 20.35 ARTICLE 4 20.36 PENALTY FOR ILLEGAL PLACEMENT 21.1 The sending, bringing, or causing to be sent or brought 21.2 into any receiving state of a child in violation of the terms of 21.3 this compact shall constitute a violation of the laws respecting 21.4 the placement of children of both the state in which the sending 21.5 agency is located or from which it sends or brings the child and 21.6 of the receiving state. Such violation may be punished or 21.7 subjected to penalty in either jurisdiction in accordance with 21.8 its laws. In addition to liability for any such punishment or 21.9 penalty, any such violation shall constitute full and sufficient 21.10 grounds for the suspension or revocation of any license, permit, 21.11 or other legal authorization held by the sending agency which 21.12 empowers or allows it to place, or care for children. [257.40] 21.13 ARTICLE 5 21.14 RETENTION OF JURISDICTION 21.15 (a) The sending agency shall retain jurisdiction over the 21.16 child sufficient to determine all matters in relation to the 21.17 custody, supervision, care, treatment and disposition of the 21.18 child which it would have had if the child had remained in the 21.19 sending agency's state, until the child is adopted, reaches 21.20 majority, becomes self-supporting or is discharged with the 21.21 concurrence of the appropriate authority in the receiving 21.22 state. Such jurisdiction shall also include the power to effect 21.23 or cause the return of the child or its transfer to another 21.24 location and custody pursuant to law. The sending agency shall 21.25 continue to have financial responsibility for support and 21.26 maintenance of the child during the period of the placement. 21.27 Nothing contained herein shall defeat a claim of jurisdiction by 21.28 a receiving state sufficient to deal with an act of delinquency 21.29 or crime committed therein. 21.30 (b) When the sending agency is a public agency, it may 21.31 enter into an agreement with an authorized public or private 21.32 agency in the receiving state providing for the performance of 21.33 one or more services in respect of such case by the latter as 21.34 agent for the sending agency. 21.35 (c) Nothing in this compact shall be construed to prevent a 21.36 private charitable agency authorized to place children in the 22.1 receiving state from performing services or acting as agent in 22.2 that state for a private charitable agency of the sending state; 22.3 nor to prevent the agency in the receiving state from 22.4 discharging financial responsibility for the support and 22.5 maintenance of a child who has been placed on behalf of the 22.6 sending agency without relieving the responsibility set forth in 22.7 paragraph (a) hereof. [257.40] 22.8 ARTICLE 6 22.9 INSTITUTIONAL CARE OF DELINQUENT CHILDREN 22.10 A child adjudicated delinquent may be placed in an 22.11 institution in another party jurisdiction pursuant to this 22.12 compact but no such placement shall be made unless the child is 22.13 given a court hearing on notice to the parent or guardian with 22.14 opportunity to be heard, prior to his being sent to such other 22.15 party jurisdiction for institutional care and the court finds 22.16 that: 22.17 1. Equivalent facilities for the child are not available 22.18 in the sending agency's jurisdiction; and 22.19 2. Institutional care in the other jurisdiction is in the 22.20 best interest of the child and will not produce undue hardship. 22.21 [257.40] 22.22 ARTICLE 7 22.23 COMPACT ADMINISTRATOR 22.24 The executive head of each jurisdiction party to this 22.25 compact shall designate an officer who shall be general 22.26 coordinator of activities under this compact in his jurisdiction 22.27 and who, acting jointly with like officers of other party 22.28 jurisdictions, shall have power to promulgate rules and 22.29 regulations to carry out more effectively the terms and 22.30 provisions of this compact. [257.40] 22.31 ARTICLE 8 22.32 LIMITATIONS 22.33 This compact shall not apply to: 22.34 (a) The sending or bringing of a child into a receiving 22.35 state by his parent, stepparent, grandparent, adult brother or 22.36 sister, adult uncle or aunt, or his guardian and leaving the 23.1 child with any such relative or nonagency guardian in the 23.2 receiving state. 23.3 (b) Any placement, sending or bringing of a child into a 23.4 receiving state pursuant to any other interstate compact to 23.5 which both the state from which the child is sent or brought and 23.6 the receiving state are party, or to any other agreement between 23.7 said states which has the force of law. [257.40] 23.8 ARTICLE 9 23.9 ENACTMENT AND WITHDRAWAL 23.10 This compact shall be open to joinder by any state, 23.11 territory or possession of the United States, the District of 23.12 Columbia, the Commonwealth of Puerto Rico, and, with the consent 23.13 of Congress, the Government of Canada or any province thereof. 23.14 It shall become effective with respect to any such jurisdiction 23.15 when such jurisdiction has enacted the same into law. 23.16 Withdrawal from this compact shall be by the enactment of a 23.17 statute repealing the same, but shall not take effect until two 23.18 years after the effective date of such statute and until written 23.19 notice of the withdrawal has been given by the withdrawing state 23.20 to the Governor of each other party jurisdiction. Withdrawal of 23.21 a party state shall not affect the rights, duties and 23.22 obligations under this compact of any sending agency therein 23.23 with respect to a placement made prior to the effective date of 23.24 withdrawal. [257.40] 23.25 ARTICLE 10 23.26 CONSTRUCTION AND SEVERABILITY 23.27 The provisions of this compact shall be liberally construed 23.28 to effectuate the purposes thereof. The provisions of this 23.29 compact shall be severable and if any phrase, clause, sentence 23.30 or provision of this compact is declared to be contrary to the 23.31 constitution of any party state or of the United States or the 23.32 applicability thereof to any government, agency, person or 23.33 circumstance is held invalid, the validity of the remainder of 23.34 this compact and the applicability thereof to any government, 23.35 agency, person or circumstance shall not be affected thereby. 23.36 If this compact shall be held contrary to the constitution of 24.1 any state party thereto, the compact shall remain in full force 24.2 and effect as to the remaining states and in full force and 24.3 effect as to the state affected as to all severable matters. 24.4 [257.40] 24.5 Sec. 19. [260.855] [FINANCIAL RESPONSIBILITY.] 24.6 Financial responsibility for any child placed pursuant to 24.7 the provisions of the interstate compact on the placement of 24.8 children shall be determined in accordance with the provisions 24.9 of article 5 thereof in the first instance. However, in the 24.10 event of partial or complete default of performance thereunder, 24.11 the provisions of sections 518C.101 to 518C.902 also may be 24.12 invoked. [257.41] 24.13 Sec. 20. [260.861] [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 24.14 The "appropriate public authorities" as used in article 3 24.15 of the Interstate Compact on the Placement of Children shall, 24.16 with reference to this state, mean the commissioner of human 24.17 services. The commissioner of human services or the 24.18 commissioner's delegate shall receive and act with reference to 24.19 notices required by said article 3. [257.42] 24.20 Sec. 21. [260.865] [APPROPRIATE AUTHORITY IN RECEIVING 24.21 STATE DEFINED.] 24.22 As used in paragraph (a) of article 5 of the Interstate 24.23 Compact on the Placement of Children, the phrase "appropriate 24.24 authority in the receiving state" with reference to this state 24.25 shall mean the commissioner of human services or the 24.26 commissioner's delegate. [257.43] 24.27 Sec. 22. [260.871] [AGREEMENTS.] 24.28 The officers and agencies of this state and its 24.29 subdivisions having authority to place children are hereby 24.30 empowered to enter into agreements with appropriate officers or 24.31 agencies of or in other party states pursuant to paragraph (b) 24.32 of article 5 of the interstate compact on the placement of 24.33 children. Any such agreement which contains a financial 24.34 commitment or imposes a financial obligation on this state or 24.35 subdivision or agency thereof shall not be binding unless it has 24.36 the approval in writing of the commissioner of human services in 25.1 the case of the state and of the chief local fiscal officer in 25.2 the case of a subdivision of the state. [257.44] 25.3 Sec. 23. [260.875] [REQUIREMENTS FOR VISITATION; 25.4 SUPERVISION.] 25.5 Any requirements for visitation, inspection or supervision 25.6 of children, homes, institutions or other agencies in another 25.7 party state which may apply under section 257.071 shall be 25.8 deemed to be met if performed pursuant to an agreement entered 25.9 into by appropriate officers or agencies of this state or a 25.10 subdivision thereof as contemplated by paragraph (b) of article 25.11 5 of the interstate compact on the placement of children. 25.12 [257.45] 25.13 Sec. 24. [260.881] [CERTAIN LAWS NOT APPLICABLE.] 25.14 The provisions of section 257.06 shall not apply to 25.15 placements made pursuant to the interstate compact on the 25.16 placement of children. [257.46] 25.17 Sec. 25. [260.885] [COURT JURISDICTION RETAINED.] 25.18 Any court having jurisdiction to place delinquent children 25.19 may place such a child in an institution or in another state 25.20 pursuant to article 6 of the interstate compact on the placement 25.21 of children and shall retain jurisdiction as provided in article 25.22 5 thereof. [257.47] 25.23 Sec. 26. [260.91] [EXECUTIVE HEAD DEFINED.] 25.24 As used in article 7 of the interstate compact on the 25.25 placement of children, the term "executive head" means the 25.26 governor. The governor is hereby authorized to appoint a 25.27 compact administrator in accordance with the terms of said 25.28 article 7. [257.48] 25.29 ARTICLE 2 25.30 DELINQUENCY PROVISIONS 25.31 Section 1. [260B.001] [TITLE, INTENT, AND CONSTRUCTION.] 25.32 Subdivision 1. [CITATION.] Sections 260B.001 to 260B.446 25.33 may be cited as the delinquency provisions of the Juvenile Court 25.34 Act. [260.011, subd. 1] 25.35 Subd. 2. [DELINQUENCY.] The purpose of the laws relating 25.36 to children alleged or adjudicated to be delinquent is to 26.1 promote the public safety and reduce juvenile delinquency by 26.2 maintaining the integrity of the substantive law prohibiting 26.3 certain behavior and by developing individual responsibility for 26.4 lawful behavior. This purpose should be pursued through means 26.5 that are fair and just, that recognize the unique 26.6 characteristics and needs of children, and that give children 26.7 access to opportunities for personal and social growth. 26.8 [260.011, subd. 2(c)] 26.9 Subd. 3. [CONSTRUCTION.] The laws relating to juvenile 26.10 courts shall be liberally construed to carry out the purpose 26.11 specified in subdivision 2. [260.011, subd. 2(d)] 26.12 Sec. 2. [260B.005] [SCOPE OF VICTIM RIGHTS.] 26.13 The rights granted to victims of crime in sections 611A.01 26.14 to 611A.06 are applicable to adult criminal cases, juvenile 26.15 delinquency proceedings, juvenile traffic proceedings involving 26.16 driving under the influence of alcohol or drugs, and proceedings 26.17 involving any other act committed by a juvenile that would be a 26.18 crime as defined in section 609.02, if committed by an adult. 26.19 [260.013] 26.20 Sec. 3. [260B.007] [DEFINITIONS.] 26.21 Subdivision 1. [SCOPE.] As used in this chapter, the terms 26.22 defined in this section have the same meanings given to them. 26.23 [260.015, subd. 1] 26.24 Subd. 2. [AGENCY.] "Agency" means the local social service 26.25 agency or a licensed child-placing agency. [260.015, subd. 1a] 26.26 Subd. 3. [CHILD.] "Child" means an individual under 18 26.27 years of age and includes any minor alleged to have been 26.28 delinquent or a juvenile traffic offender prior to having become 26.29 18 years of age. [260.015, subd. 2] 26.30 Subd. 4. [CHILD-PLACING AGENCY.] "Child-placing agency" 26.31 means anyone licensed under sections 245A.01 to 245A.16 and 26.32 252.28, subdivision 2. [260.015, subd. 3] 26.33 Subd. 5. [COURT.] "Court" means juvenile court unless 26.34 otherwise specified in this section. [260.015, subd. 4] 26.35 Subd. 6. [DELINQUENT CHILD.] (a) Except as otherwise 26.36 provided in paragraph (b), "delinquent child" means a child: 27.1 (1) who has violated any state or local law, except as 27.2 provided in section 260B.225, subdivision 1, and except for 27.3 juvenile offenders as described in subdivisions 19 to 23; 27.4 (2) who has violated a federal law or a law of another 27.5 state and whose case has been referred to the juvenile court if 27.6 the violation would be an act of delinquency if committed in 27.7 this state or a crime or offense if committed by an adult; 27.8 (3) who has escaped from confinement to a state juvenile 27.9 correctional facility after being committed to the custody of 27.10 the commissioner of corrections; or 27.11 (4) who has escaped from confinement to a local juvenile 27.12 correctional facility after being committed to the facility by 27.13 the court. 27.14 (b) The term delinquent child does not include a child 27.15 alleged to have committed murder in the first degree after 27.16 becoming 16 years of age, but the term delinquent child does 27.17 include a child alleged to have committed attempted murder in 27.18 the first degree. [260.015, subd. 5] 27.19 Subd. 7. [FOSTER CARE.] "Foster care" means the 24 hour a 27.20 day care of a child in any facility which for gain or otherwise 27.21 regularly provides one or more children, when unaccompanied by 27.22 their parents, with a substitute for the care, food, lodging, 27.23 training, education, supervision or treatment they need but 27.24 which for any reason cannot be furnished by their parents or 27.25 legal guardians in their homes. [260.015, subd. 7] 27.26 Subd. 8. [LEGAL CUSTODY.] "Legal custody" means the right 27.27 to the care, custody, and control of a child who has been taken 27.28 from a parent by the court in accordance with the provisions of 27.29 sections 260B.198 and 260B.235. The expenses of legal custody 27.30 are paid in accordance with the provisions of section 260B.331. 27.31 [260.015, subd. 8 (omitting child protection-related text)] 27.32 Subd. 9. [MINOR.] "Minor" means an individual under 18 27.33 years of age. [260.015, subd. 9] 27.34 Subd. 10. [PARENT.] "Parent" means the birth or adoptive 27.35 parent of a minor. For an Indian child, parent includes any 27.36 Indian person who has adopted a child by tribal law or custom, 28.1 as provided in section 260.755, subdivision 14. [260.015, subd. 28.2 11] 28.3 Subd. 11. [PERSON.] "Person" includes any individual, 28.4 association, corporation, partnership, and the state or any of 28.5 its political subdivisions, departments, or agencies. [260.015, 28.6 subd. 12] 28.7 Subd. 12. [RELATIVE.] "Relative" means a parent, 28.8 stepparent, grandparent, brother, sister, uncle, or aunt of the 28.9 minor. This relationship may be by blood or marriage. For an 28.10 Indian child, relative includes members of the extended family 28.11 as defined by the law or custom of the Indian child's tribe or, 28.12 in the absence of laws or custom, nieces, nephews, or first or 28.13 second cousins, as provided in the Indian Child Welfare Act of 28.14 1978, United States Code, title 25, section 1903. [260.015, 28.15 subd. 13] 28.16 Subd. 13. [CUSTODIAN.] "Custodian" means any person who is 28.17 under a legal obligation to provide care and support for a minor 28.18 or who is in fact providing care and support for a minor. This 28.19 subdivision does not impose upon persons who are not otherwise 28.20 legally responsible for providing a child with necessary food, 28.21 clothing, shelter, education, or medical care a duty to provide 28.22 that care. For an Indian child, custodian means any Indian 28.23 person who has legal custody of an Indian child under tribal law 28.24 or custom or under state law or to whom temporary physical care, 28.25 custody, and control has been transferred by the parent of the 28.26 child, as provided in section 260.755, subdivision 11. 28.27 [260.015, subd. 14] 28.28 Subd. 14. [SECURE DETENTION FACILITY.] "Secure detention 28.29 facility" means a physically restricting facility, including but 28.30 not limited to a jail, a hospital, a state institution, a 28.31 residential treatment center, or a detention home used for the 28.32 temporary care of a child pending court action. [260.015, subd. 28.33 16] 28.34 Subd. 15. [SHELTER CARE FACILITY.] "Shelter care facility" 28.35 means a physically unrestricting facility, such as, but not 28.36 limited to, a hospital, a group home, or a licensed facility for 29.1 foster care, used for the temporary care of a child pending 29.2 court action. [260.015, subd. 17] 29.3 Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 29.4 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 29.5 alcohol offense, a juvenile controlled substance offense, a 29.6 violation of section 609.685, or a violation of a local 29.7 ordinance, which by its terms prohibits conduct by a child under 29.8 the age of 18 years which would be lawful conduct if committed 29.9 by an adult. 29.10 (b) Except as otherwise provided in paragraph (c), 29.11 "juvenile petty offense" also includes an offense that would be 29.12 a misdemeanor if committed by an adult. 29.13 (c) "Juvenile petty offense" does not include any of the 29.14 following: 29.15 (1) a misdemeanor-level violation of section 588.20, 29.16 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 29.17 (2) a major traffic offense or an adult court traffic 29.18 offense, as described in section 260B.225; 29.19 (3) a misdemeanor-level offense committed by a child whom 29.20 the juvenile court previously has found to have committed a 29.21 misdemeanor, gross misdemeanor, or felony offense; or 29.22 (4) a misdemeanor-level offense committed by a child whom 29.23 the juvenile court has found to have committed a 29.24 misdemeanor-level juvenile petty offense on two or more prior 29.25 occasions, unless the county attorney designates the child on 29.26 the petition as a juvenile petty offender notwithstanding this 29.27 prior record. As used in this clause, "misdemeanor-level 29.28 juvenile petty offense" includes a misdemeanor-level offense 29.29 that would have been a juvenile petty offense if it had been 29.30 committed on or after July 1, 1995. 29.31 (d) A child who commits a juvenile petty offense is a 29.32 "juvenile petty offender." [260.015, subd. 21] 29.33 Subd. 17. [JUVENILE ALCOHOL OFFENSE.] "Juvenile alcohol 29.34 offense" means a violation by a child of any provision of 29.35 section 340A.503 or an equivalent local ordinance. [260.015, 29.36 subd. 22] 30.1 Subd. 18. [JUVENILE CONTROLLED SUBSTANCE OFFENSE.] 30.2 "Juvenile controlled substance offense" means a violation by a 30.3 child of section 152.027, subdivision 4, with respect to a small 30.4 amount of marijuana or an equivalent local ordinance. [260.015, 30.5 subd. 23] 30.6 Subd. 19. [INDIAN.] "Indian," consistent with section 30.7 260.755, subdivision 7, means a person who is a member of an 30.8 Indian tribe or who is an Alaskan native and a member of a 30.9 regional corporation as defined in section 7 of the Alaska 30.10 Native Claims Settlement Act, United States Code, title 43, 30.11 section 1606. [260.015, subd. 26] 30.12 Subd. 20. [INDIAN CHILD.] "Indian child," consistent with 30.13 section 257.351, subdivision 6, means an unmarried person who is 30.14 under age 18 and is: 30.15 (1) a member of an Indian tribe; or 30.16 (2) eligible for membership in an Indian tribe. [260.015, 30.17 subd. 27] 30.18 Sec. 4. [260B.050] [EXPERT ASSISTANCE.] 30.19 In any county the court may provide for the physical and 30.20 mental diagnosis of cases of minors who are believed to be 30.21 physically handicapped, mentally ill, or mentally retarded, and 30.22 for such purpose may appoint professionally qualified persons, 30.23 whose compensation shall be fixed by the judge with the approval 30.24 of the county board. [260.092] 30.25 Sec. 5. [260B.060] [COUNTY HOME SCHOOLS.] 30.26 In any county or group of counties the county boards may 30.27 purchase, lease, erect, equip, and maintain a county home school 30.28 for boys and girls, or a separate home school for boys and a 30.29 separate home school for girls. The juvenile court may transfer 30.30 legal custody of a delinquent child to the home school in the 30.31 manner provided in section 260B.198. The county home school 30.32 may, with the approval of the district court judges in counties 30.33 now or hereafter having a population of more than 200,000, or of 30.34 the juvenile court judges in all other counties, be a separate 30.35 institution, or it may be established and operated in connection 30.36 with any other organized charitable or educational institution. 31.1 However, the plans, location, equipment, and operation of the 31.2 county home school shall in all cases have the approval of the 31.3 said judges. There shall be a superintendent or matron, or 31.4 both, for such school, who shall be appointed and removed by the 31.5 said judges. The salaries of the superintendent, matron, and 31.6 other employees shall be fixed by the said judges, subject to 31.7 the approval of the county board. The county board of each 31.8 county to which this section applies is hereby authorized, 31.9 empowered, and required to provide the necessary funds to make 31.10 all needful appropriations to carry out the provisions of this 31.11 section. The board of education, commissioner of children, 31.12 families, and learning, or other persons having charge of the 31.13 public schools in any city of the first or second class in a 31.14 county where a county home school is maintained pursuant to the 31.15 provisions of this section may furnish all necessary 31.16 instructors, school books, and school supplies for the boys and 31.17 girls placed in any such home school. [260.094] 31.18 Sec. 6. [260B.070] [EXISTING HOME SCHOOLS CONTINUED.] 31.19 All juvenile detention homes, farms, and industrial schools 31.20 heretofore established under the provisions of Laws 1905, 31.21 chapter 285, section 5, as amended by Laws 1907, chapter 172, 31.22 and Laws 1911, chapter 353, or Laws 1913, chapter 83, Laws 1915, 31.23 chapter 228, or Laws 1917, chapter 317, as amended, are hereby 31.24 declared to be county home schools within the meaning of 31.25 sections 260B.001 to 260B.421 and all the provisions of those 31.26 sections relating to county home schools shall apply thereto. 31.27 [260.096] 31.28 Sec. 7. [260B.080] [DETENTION HOMES.] 31.29 In any county or group of counties the county boards may 31.30 purchase, lease, erect, equip, and maintain a detention home for 31.31 boys and girls, or a separate detention home for boys and girls, 31.32 or a separate detention home for boys or a separate detention 31.33 home for girls. The detention home may, with the approval of 31.34 the district court judges in counties now or hereafter having a 31.35 population of more than 200,000 or of the juvenile court judges 31.36 in all other counties be a separate institution, or it may be 32.1 established and operated in connection with a county home school 32.2 or any organized charitable or educational institution. 32.3 However, the plans, location, equipment, and operation of the 32.4 detention home shall in all cases have the approval of the 32.5 judges. Necessary staff shall be appointed and removed by the 32.6 judges. The salaries of the staff shall be fixed by the judges, 32.7 subject to the approval of the county boards. The county board 32.8 of each county to which this section applies shall provide the 32.9 necessary funds to carry out the provisions of this section. 32.10 [260.101] 32.11 Sec. 8. [260B.101] [JURISDICTION.] 32.12 Subdivision 1. [CHILDREN WHO ARE DELINQUENT.] Except as 32.13 provided in sections 260B.125 and 260B.225, the juvenile court 32.14 has original and exclusive jurisdiction in proceedings 32.15 concerning any child who is alleged to be delinquent, a juvenile 32.16 traffic offender, a juvenile petty offender, and in proceedings 32.17 concerning any minor alleged to have been a delinquent, a 32.18 juvenile petty offender, or a juvenile traffic offender prior to 32.19 having become 18 years of age. The juvenile court shall deal 32.20 with such a minor as it deals with any other child who is 32.21 alleged to be delinquent or a juvenile traffic offender. 32.22 [260.111, subd. 1 (omitting child protection-related text)] 32.23 Subd. 2. [NO JUVENILE COURT JURISDICTION OVER CERTAIN 32.24 OFFENDERS.] Notwithstanding any other law to the contrary, the 32.25 juvenile court lacks jurisdiction over proceedings concerning a 32.26 child excluded from the definition of delinquent child under 32.27 section 260B.007, subdivision 6, paragraph (b). The district 32.28 court has original and exclusive jurisdiction in criminal 32.29 proceedings concerning a child excluded from the definition of 32.30 delinquent child under section 260B.007, subdivision 6, 32.31 paragraph (b). [260.111, subd. 1a] 32.32 Subd. 3. [JURISDICTION OVER PARENTS AND GUARDIANS.] A 32.33 parent, guardian, or custodian of a child who is subject to the 32.34 jurisdiction of the court is also subject to the jurisdiction of 32.35 the court in any matter in which that parent, guardian, or 32.36 custodian has a right to notice under section 260B.151 or 33.1 260B.152, or the right to participate under section 260B.163. 33.2 [260.111, subd. 4 (omitting child protection-related text)] 33.3 Sec. 9. [260B.103] [TRANSFERS FROM OTHER COURTS.] 33.4 Subdivision 1. [TRANSFERS REQUIRED.] Except where a 33.5 juvenile court has certified an alleged violation in accordance 33.6 with the provisions of section 260B.125, the child is alleged to 33.7 have committed murder in the first degree after becoming 16 33.8 years of age, or a court has original jurisdiction of a child 33.9 who has committed an adult court traffic offense, as defined in 33.10 section 260B.225, subdivision 1, clause (c), a court other than 33.11 a juvenile court shall immediately transfer to the juvenile 33.12 court of the county the case of a minor who appears before the 33.13 court on a charge of violating any state or local law or 33.14 ordinance and who is under 18 years of age or who was under 18 33.15 years of age at the time of the commission of the alleged 33.16 offense. [260.115, subd. 1] 33.17 Subd. 2. [CERTIFICATE.] The court transfers the case by 33.18 filing with the judge or court administrator of juvenile court a 33.19 certificate showing the name, age, and residence of the minor, 33.20 the names and addresses of the minor's parent or guardian, if 33.21 known, and the reasons for appearance in court, together with 33.22 all the papers, documents, and testimony connected therewith. 33.23 The certificate has the effect of a petition filed in the 33.24 juvenile court, unless the judge of the juvenile court directs 33.25 the filing of a new petition, which shall supersede the 33.26 certificate of transfer. [260.115, subd. 2] 33.27 Subd. 3. [ORDER TO BE TAKEN.] The transferring court shall 33.28 order the minor to be taken immediately to the juvenile court 33.29 and in no event shall detain the minor for longer than 48 hours 33.30 after the appearance of the minor in the transferring court. 33.31 The transferring court may release the minor to the custody of a 33.32 parent, guardian, custodian, or other person designated by the 33.33 court on the condition that the minor will appear in juvenile 33.34 court as directed. The transferring court may require the 33.35 person given custody of the minor to post such bail or bond as 33.36 may be approved by the court which shall be forfeited to the 34.1 juvenile court if the minor does not appear as directed. The 34.2 transferring court may also release the minor on the minor's own 34.3 promise to appear in juvenile court. [260.115, subd. 3] 34.4 Sec. 10. [260B.105] [VENUE.] 34.5 Subdivision 1. [VENUE.] Except where otherwise provided, 34.6 venue for any proceedings under section 260B.101 shall be in the 34.7 county where the child is found, or the county of the child's 34.8 residence. If delinquency, a juvenile petty offense, or a 34.9 juvenile traffic offense is alleged, proceedings shall be 34.10 brought in the county of residence or the county where the 34.11 alleged delinquency, juvenile petty offense, or juvenile traffic 34.12 offense occurred. [260.121, subd. 1 (omitting child 34.13 protection-related text)] 34.14 Subd. 2. [TRANSFER.] The judge of the juvenile court may 34.15 transfer any proceedings brought under section 260B.101, to the 34.16 juvenile court of a county having venue as provided in 34.17 subdivision 1, at any stage of the proceedings and in the 34.18 following manner. When it appears that the best interests of 34.19 the child, society, or the convenience of proceedings will be 34.20 served by a transfer, the court may transfer the case to the 34.21 juvenile court of the county of the child's residence. With the 34.22 consent of the receiving court, the court may also transfer the 34.23 case to the juvenile court of the county where the child is 34.24 found or, if delinquency, a juvenile petty offense, or a 34.25 juvenile traffic offense is alleged, to the county where the 34.26 alleged delinquency, juvenile petty offense, or juvenile traffic 34.27 offense occurred. The court transfers the case by ordering a 34.28 continuance and by forwarding to the court administrator of the 34.29 appropriate juvenile court a certified copy of all papers filed, 34.30 together with an order of transfer. The judge of the receiving 34.31 court may accept the findings of the transferring court or may 34.32 direct the filing of a new petition or notice under section 34.33 260B.007, subdivision 18, or 260B.143 and hear the case anew. 34.34 [260.121, subd. 2 (omitting child protection-related text)] 34.35 Subd. 3. [INVOLVING INTERSTATE COMPACT.] Except when a 34.36 child is alleged to have committed an adult court traffic 35.1 offense, as defined in section 260B.225, subdivision 1, clause 35.2 (c), if it appears at any stage of the proceeding that a child 35.3 before the court is a resident of another state, the court may 35.4 invoke the provisions of the interstate compact on juveniles or, 35.5 if it is in the best interests of the child or the public to do 35.6 so, the court may place the child in the custody of the child's 35.7 parent, guardian, or custodian, if the parent, guardian, or 35.8 custodian agrees to accept custody of the child and return the 35.9 child to their state. [260.121, subd. 3] 35.10 Sec. 11. [260B.125] [CERTIFICATION.] 35.11 Subdivision 1. [ORDER.] When a child is alleged to have 35.12 committed, after becoming 14 years of age, an offense that would 35.13 be a felony if committed by an adult, the juvenile court may 35.14 enter an order certifying the proceeding for action under the 35.15 laws and court procedures controlling adult criminal 35.16 violations. [260.125, subd. 1] 35.17 Subd. 2. [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 35.18 provided in subdivision 5 or 6, the juvenile court may order a 35.19 certification only if: 35.20 (1) a petition has been filed in accordance with the 35.21 provisions of section 260B.141; 35.22 (2) a motion for certification has been filed by the 35.23 prosecuting authority; 35.24 (3) notice has been given in accordance with the provisions 35.25 of sections 260B.151 and 260B.152; 35.26 (4) a hearing has been held in accordance with the 35.27 provisions of section 260B.163 within 30 days of the filing of 35.28 the certification motion, unless good cause is shown by the 35.29 prosecution or the child as to why the hearing should not be 35.30 held within this period in which case the hearing shall be held 35.31 within 90 days of the filing of the motion; 35.32 (5) the court finds that there is probable cause, as 35.33 defined by the rules of criminal procedure promulgated pursuant 35.34 to section 480.059, to believe the child committed the offense 35.35 alleged by delinquency petition; and 35.36 (6) the court finds either: 36.1 (i) that the presumption of certification created by 36.2 subdivision 3 applies and the child has not rebutted the 36.3 presumption by clear and convincing evidence demonstrating that 36.4 retaining the proceeding in the juvenile court serves public 36.5 safety; or 36.6 (ii) that the presumption of certification does not apply 36.7 and the prosecuting authority has demonstrated by clear and 36.8 convincing evidence that retaining the proceeding in the 36.9 juvenile court does not serve public safety. If the court finds 36.10 that the prosecutor has not demonstrated by clear and convincing 36.11 evidence that retaining the proceeding in juvenile court does 36.12 not serve public safety, the court shall retain the proceeding 36.13 in juvenile court. [260.125, subd. 2] 36.14 Subd. 3. [PRESUMPTION OF CERTIFICATION.] It is presumed 36.15 that a proceeding involving an offense committed by a child will 36.16 be certified if: 36.17 (1) the child was 16 or 17 years old at the time of the 36.18 offense; and 36.19 (2) the delinquency petition alleges that the child 36.20 committed an offense that would result in a presumptive 36.21 commitment to prison under the sentencing guidelines and 36.22 applicable statutes, or that the child committed any felony 36.23 offense while using, whether by brandishing, displaying, 36.24 threatening with, or otherwise employing, a firearm. 36.25 If the court determines that probable cause exists to believe 36.26 the child committed the alleged offense, the burden is on the 36.27 child to rebut this presumption by demonstrating by clear and 36.28 convincing evidence that retaining the proceeding in the 36.29 juvenile court serves public safety. If the court finds that 36.30 the child has not rebutted the presumption by clear and 36.31 convincing evidence, the court shall certify the proceeding. 36.32 [260.125, subd. 2a] 36.33 Subd. 4. [PUBLIC SAFETY.] In determining whether the 36.34 public safety is served by certifying the matter, the court 36.35 shall consider the following factors: 36.36 (1) the seriousness of the alleged offense in terms of 37.1 community protection, including the existence of any aggravating 37.2 factors recognized by the sentencing guidelines, the use of a 37.3 firearm, and the impact on any victim; 37.4 (2) the culpability of the child in committing the alleged 37.5 offense, including the level of the child's participation in 37.6 planning and carrying out the offense and the existence of any 37.7 mitigating factors recognized by the sentencing guidelines; 37.8 (3) the child's prior record of delinquency; 37.9 (4) the child's programming history, including the child's 37.10 past willingness to participate meaningfully in available 37.11 programming; 37.12 (5) the adequacy of the punishment or programming available 37.13 in the juvenile justice system; and 37.14 (6) the dispositional options available for the child. 37.15 In considering these factors, the court shall give greater 37.16 weight to the seriousness of the alleged offense and the child's 37.17 prior record of delinquency than to the other factors listed in 37.18 this subdivision. [260.125, subd. 2b] 37.19 Subd. 5. [PRIOR CERTIFICATION; EXCEPTION.] Notwithstanding 37.20 the provisions of subdivisions 2, 3, and 4, the court shall 37.21 order a certification in any felony case if the prosecutor shows 37.22 that the child has been previously prosecuted on a felony charge 37.23 by an order of certification issued pursuant to either a hearing 37.24 held under subdivision 2 or pursuant to the waiver of the right 37.25 to such a hearing, other than a prior certification in the same 37.26 case. 37.27 This subdivision only applies if the child is convicted of 37.28 the offense or offenses for which the child was prosecuted 37.29 pursuant to the order of certification or of a lesser-included 37.30 offense which is a felony. 37.31 This subdivision does not apply to juvenile offenders who 37.32 are subject to criminal court jurisdiction under section 609.055. 37.33 [260.125, subd. 3a] 37.34 Subd. 6. [ADULT CHARGED WITH JUVENILE OFFENSE.] The 37.35 juvenile court has jurisdiction to hold a certification hearing 37.36 on motion of the prosecuting authority to certify the matter if: 38.1 (1) an adult is alleged to have committed an offense before 38.2 the adult's 18th birthday; and 38.3 (2) a petition is filed under section 260B.141 before 38.4 expiration of the time for filing under section 628.26. 38.5 The court may not certify the matter under this subdivision if 38.6 the adult demonstrates that the delay was purposefully caused by 38.7 the state in order to gain an unfair advantage. [260.125, subd. 38.8 3b] 38.9 Subd. 7. [EFFECT OF ORDER.] When the juvenile court enters 38.10 an order certifying an alleged violation, the prosecuting 38.11 authority shall proceed with the case as if the jurisdiction of 38.12 the juvenile court had never attached. [260.125, subd. 4] 38.13 Subd. 8. [WRITTEN FINDINGS; OPTIONS.] The court shall 38.14 decide whether to order certification within 15 days after the 38.15 certification hearing was completed, unless additional time is 38.16 needed, in which case the court may extend the period up to 38.17 another 15 days. If the juvenile court orders certification, 38.18 and the presumption described in subdivision 3 does not apply, 38.19 the order shall contain in writing, findings of fact and 38.20 conclusions of law as to why public safety is not served by 38.21 retaining the proceeding in the juvenile court. If the juvenile 38.22 court, after a hearing conducted pursuant to subdivision 2, 38.23 decides not to order certification, the decision shall contain, 38.24 in writing, findings of fact and conclusions of law as to why 38.25 certification is not ordered. If the juvenile court decides not 38.26 to order certification in a case in which the presumption 38.27 described in subdivision 3 applies, the court shall designate 38.28 the proceeding an extended jurisdiction juvenile prosecution and 38.29 include in its decision written findings of fact and conclusions 38.30 of law as to why the retention of the proceeding in juvenile 38.31 court serves public safety, with specific reference to the 38.32 factors listed in subdivision 4. If the court decides not to 38.33 order certification in a case in which the presumption described 38.34 in subdivision 3 does not apply, the court may designate the 38.35 proceeding an extended jurisdiction juvenile prosecution, 38.36 pursuant to the hearing process described in section 260B.130, 39.1 subdivision 2. [260.125, subd. 5] 39.2 Subd. 9. [FIRST-DEGREE MURDER.] When a motion for 39.3 certification has been filed in a case in which the petition 39.4 alleges that the child committed murder in the first degree, the 39.5 prosecuting authority shall present the case to the grand jury 39.6 for consideration of indictment under chapter 628 within 14 days 39.7 after the petition was filed. [260.125, subd. 6] 39.8 Subd. 10. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 39.9 section does not apply to a child excluded from the definition 39.10 of delinquent child under section 260B.007, subdivision 6, 39.11 paragraph (b). [260.125, subd. 7] 39.12 Sec. 12. [260B.130] [EXTENDED JURISDICTION JUVENILE 39.13 PROSECUTIONS.] 39.14 Subdivision 1. [DESIGNATION.] A proceeding involving a 39.15 child alleged to have committed a felony offense is an extended 39.16 jurisdiction juvenile prosecution if: 39.17 (1) the child was 14 to 17 years old at the time of the 39.18 alleged offense, a certification hearing was held, and the court 39.19 designated the proceeding an extended jurisdiction juvenile 39.20 prosecution; 39.21 (2) the child was 16 or 17 years old at the time of the 39.22 alleged offense; the child is alleged to have committed an 39.23 offense for which the sentencing guidelines and applicable 39.24 statutes presume a commitment to prison or to have committed any 39.25 felony in which the child allegedly used a firearm; and the 39.26 prosecutor designated in the delinquency petition that the 39.27 proceeding is an extended jurisdiction juvenile prosecution; or 39.28 (3) the child was 14 to 17 years old at the time of the 39.29 alleged offense, the prosecutor requested that the proceeding be 39.30 designated an extended jurisdiction juvenile prosecution, a 39.31 hearing was held on the issue of designation, and the court 39.32 designated the proceeding an extended jurisdiction juvenile 39.33 prosecution. [260.126, subd. 1] 39.34 Subd. 2. [HEARING ON PROSECUTOR'S REQUEST.] When a 39.35 prosecutor requests that a proceeding be designated an extended 39.36 jurisdiction juvenile prosecution, the court shall hold a 40.1 hearing under section 260B.163 to consider the request. The 40.2 hearing must be held within 30 days of the filing of the request 40.3 for designation, unless good cause is shown by the prosecution 40.4 or the child as to why the hearing should not be held within 40.5 this period in which case the hearing shall be held within 90 40.6 days of the filing of the request. If the prosecutor shows by 40.7 clear and convincing evidence that designating the proceeding an 40.8 extended jurisdiction juvenile prosecution serves public safety, 40.9 the court shall grant the request for designation. In 40.10 determining whether public safety is served, the court shall 40.11 consider the factors specified in section 260B.125, subdivision 40.12 4. The court shall decide whether to designate the proceeding 40.13 an extended jurisdiction juvenile prosecution within 15 days 40.14 after the designation hearing is completed, unless additional 40.15 time is needed, in which case the court may extend the period up 40.16 to another 15 days. [260.126, subd. 2] 40.17 Subd. 3. [PROCEEDINGS.] A child who is the subject of an 40.18 extended jurisdiction juvenile prosecution has the right to a 40.19 trial by jury and to the effective assistance of counsel, as 40.20 described in section 260B.163, subdivision 4. [260.126, subd. 40.21 3] 40.22 Subd. 4. [DISPOSITION.] (a) If an extended jurisdiction 40.23 juvenile prosecution results in a guilty plea or finding of 40.24 guilt, the court shall: 40.25 (1) impose one or more juvenile dispositions under section 40.26 260B.198; and 40.27 (2) impose an adult criminal sentence, the execution of 40.28 which shall be stayed on the condition that the offender not 40.29 violate the provisions of the disposition order and not commit a 40.30 new offense. 40.31 (b) If a child prosecuted as an extended jurisdiction 40.32 juvenile after designation by the prosecutor in the delinquency 40.33 petition is convicted of an offense after trial that is not an 40.34 offense described in subdivision 1, clause (2), the court shall 40.35 adjudicate the child delinquent and order a disposition under 40.36 section 260B.198. If the extended jurisdiction juvenile 41.1 proceeding results in a guilty plea for an offense not described 41.2 in subdivision 1, clause (2), the court may impose a disposition 41.3 under paragraph (a) if the child consents. [260.126, subd. 4] 41.4 Subd. 5. [EXECUTION OF ADULT SENTENCE.] When it appears 41.5 that a person convicted as an extended jurisdiction juvenile has 41.6 violated the conditions of the stayed sentence, or is alleged to 41.7 have committed a new offense, the court may, without notice, 41.8 revoke the stay and probation and direct that the offender be 41.9 taken into immediate custody. The court shall notify the 41.10 offender in writing of the reasons alleged to exist for 41.11 revocation of the stay of execution of the adult sentence. If 41.12 the offender challenges the reasons, the court shall hold a 41.13 summary hearing on the issue at which the offender is entitled 41.14 to be heard and represented by counsel. After the hearing, if 41.15 the court finds that reasons exist to revoke the stay of 41.16 execution of sentence, the court shall treat the offender as an 41.17 adult and order any of the adult sanctions authorized by section 41.18 609.14, subdivision 3. If the offender was convicted of an 41.19 offense described in subdivision 1, clause (2), and the court 41.20 finds that reasons exist to revoke the stay, the court must 41.21 order execution of the previously imposed sentence unless the 41.22 court makes written findings regarding the mitigating factors 41.23 that justify continuing the stay. Upon revocation, the 41.24 offender's extended jurisdiction status is terminated and 41.25 juvenile court jurisdiction is terminated. The ongoing 41.26 jurisdiction for any adult sanction, other than commitment to 41.27 the commissioner of corrections, is with the adult court. 41.28 [260.126, subd. 5] 41.29 Subd. 6. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 41.30 section does not apply to a child excluded from the definition 41.31 of delinquent child under section 260B.007, subdivision 6, 41.32 paragraph (b). [260.126, subd. 6] 41.33 Sec. 13. [260B.141] [PETITION.] 41.34 Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] Any 41.35 reputable person, including but not limited to any agent of the 41.36 commissioner of human services, having knowledge of a child in 42.1 this state or of a child who is a resident of this state, who 42.2 appears to be delinquent, may petition the juvenile court in the 42.3 manner provided in this section. [260.131, subd. 1(a) (omitting 42.4 child protection-related text)] 42.5 Subd. 2. [VERIFICATION OF PETITION.] The petition shall be 42.6 verified by the person having knowledge of the facts and may be 42.7 on information and belief. Unless otherwise provided by this 42.8 section or by rule or order of the court, the county attorney 42.9 shall draft the petition upon the showing of reasonable grounds 42.10 to support the petition. [260.131, subd. 2] 42.11 Subd. 3. [FORM OF PETITION.] The petition and all 42.12 subsequent court documents shall be entitled substantially as 42.13 follows: 42.14 "Juvenile Court, County of ................. 42.15 In the matter of the welfare of ..........." 42.16 The petition shall set forth plainly: 42.17 (a) The facts which bring the child within the jurisdiction 42.18 of the court; 42.19 (b) The name, date of birth, residence, and post office 42.20 address of the child; 42.21 (c) The names, residences, and post office addresses of the 42.22 child's parents; 42.23 (d) The name, residence, and post office address of the 42.24 child's guardian if there be one, of the person having custody 42.25 or control of the child, and of the nearest known relative if no 42.26 parent or guardian can be found; 42.27 (e) The spouse of the child, if there be one. If any of 42.28 the facts required by the petition are not known or cannot be 42.29 ascertained by the petitioner, the petition shall so state. 42.30 [260.131, subd. 3] 42.31 Subd. 4. [DELINQUENCY PETITION; EXTENDED JURISDICTION 42.32 JUVENILE.] When a prosecutor files a delinquency petition 42.33 alleging that a child committed a felony offense for which there 42.34 is a presumptive commitment to prison according to the 42.35 sentencing guidelines and applicable statutes or in which the 42.36 child used a firearm, after reaching the age of 16 years, the 43.1 prosecutor shall indicate in the petition whether the prosecutor 43.2 designates the proceeding an extended jurisdiction juvenile 43.3 prosecution. When a prosecutor files a delinquency petition 43.4 alleging that a child aged 14 to 17 years committed a felony 43.5 offense, the prosecutor may request that the court designate the 43.6 proceeding an extended jurisdiction juvenile prosecution. 43.7 [260.131, subd. 4] 43.8 Subd. 5. [CONCURRENT JURISDICTION.] When a petition is 43.9 filed alleging that a child has engaged in prostitution as 43.10 defined in section 609.321, subdivision 9, the county attorney 43.11 shall determine whether concurrent jurisdiction is necessary to 43.12 provide appropriate intervention and, if so, proceed to file a 43.13 petition alleging the child to be both delinquent and in need of 43.14 protection or services. [260.131, subd. 5] 43.15 Sec. 14. [260B.143] [PROCEDURE; JUVENILE PETTY AND 43.16 MISDEMEANOR OFFENDERS.] 43.17 Subdivision 1. [NOTICE.] When a peace officer has probable 43.18 cause to believe that a child: 43.19 (1) is a juvenile petty offender; or 43.20 (2) has committed a delinquent act that would be a petty 43.21 misdemeanor or misdemeanor if committed by an adult; 43.22 the officer may issue a notice to the child to appear in 43.23 juvenile court in the county in which the child is found or in 43.24 the county of the child's residence or, in the case of a 43.25 juvenile petty offense, or a petty misdemeanor or misdemeanor 43.26 delinquent act, the county in which the offense was committed. 43.27 The officer shall file a copy of the notice to appear with the 43.28 juvenile court of the appropriate county. If a child fails to 43.29 appear in response to the notice, the court may issue a summons 43.30 notifying the child of the nature of the offense alleged and the 43.31 time and place set for the hearing. If the peace officer finds 43.32 it necessary to take the child into custody, sections 260B.175 43.33 and 260B.176 shall apply. [260.132, subd. 1 (omitting child 43.34 protection-related text)] 43.35 Subd. 2. [EFFECT OF NOTICE.] Filing with the court a 43.36 notice to appear containing the name and address of the child, 44.1 specifying the offense alleged and the time and place it was 44.2 committed, has the effect of a petition giving the juvenile 44.3 court jurisdiction. [260.132, subd. 2 (omitting child 44.4 protection-related text)] 44.5 Subd. 3. [NOTICE TO PARENT.] Whenever a notice to appear 44.6 or petition is filed alleging that a child is a juvenile petty 44.7 offender or has committed a delinquent act that would be a petty 44.8 misdemeanor or misdemeanor if committed by an adult, the court 44.9 shall summon and notify the person or persons having custody or 44.10 control of the child of the nature of the offense alleged and 44.11 the time and place of hearing. This summons and notice shall be 44.12 served in the time and manner provided in section 260B.151, 44.13 subdivision 1. [260.132, subd. 3 (omitting child 44.14 protection-related text)] 44.15 Subd. 4. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 44.16 as otherwise provided in section 260B.163, subdivision 4, a 44.17 child alleged to be a juvenile petty offender may be represented 44.18 by counsel, but does not have a right to appointment of a public 44.19 defender or other counsel at public expense. [260.132, subd. 44.20 3a] 44.21 Sec. 15. [260B.151] [SUMMONS; NOTICE.] 44.22 Subdivision 1. [ISSUANCE OF SUMMONS.] After a petition has 44.23 been filed and unless the parties hereinafter named voluntarily 44.24 appear, the court shall set a time for a hearing and shall issue 44.25 a summons requiring the person who has custody or control of the 44.26 child to appear with the child before the court at a time and 44.27 place stated. The summons shall have a copy of the petition 44.28 attached, and shall advise the parties of the right to counsel 44.29 and of the consequences of failure to obey the summons. The 44.30 court shall give docket priority to any delinquency petition 44.31 that contains allegations of child abuse over any other case 44.32 except those delinquency matters where a child is being held in 44.33 a secure detention facility. As used in this subdivision, 44.34 "child abuse" has the meaning given it in section 630.36, 44.35 subdivision 2. [260.135, subd. 1 [omitting child 44.36 protection-related text)] 45.1 Subd. 2. [NOTICE OF PENDENCY OF CASE.] The court shall 45.2 have notice of the pendency of the case and of the time and 45.3 place of the hearing served upon a parent, guardian, or spouse 45.4 of the child, who has not been summoned as provided in 45.5 subdivision 1. For an Indian child, notice of all proceedings 45.6 must comply with the Indian Child Welfare Act of 1978, United 45.7 States Code, title 25, section 1901, et seq., and section 45.8 260.765. [260.135, subd. 2] 45.9 Subd. 3. [SUBPOENA ISSUANCE.] The court may issue a 45.10 subpoena requiring the appearance of any other person whose 45.11 presence, in the opinion of the court, is necessary. [260.135, 45.12 subd. 4] 45.13 Sec. 16. [260B.152] [SERVICE OF SUMMONS, NOTICE.] 45.14 Subdivision 1. [NOTICE IN LIEU OF SUMMONS; PERSONAL 45.15 SERVICE.] The service of a summons or a notice in lieu of 45.16 summons shall be as provided in the rules of juvenile 45.17 procedure. [260.141, subd. 1a] 45.18 Subd. 2. [SERVICE; FEES.] Service of summons, notice, or 45.19 subpoena required by sections 260B.151 to 260B.255 shall be made 45.20 by any suitable person under the direction of the court, and 45.21 upon request of the court shall be made by a probation officer 45.22 or any peace officer. The fees and mileage of witnesses shall 45.23 be paid by the county if the subpoena is issued by the court on 45.24 its own motion or at the request of the county attorney. All 45.25 other fees shall be paid by the party requesting the subpoena 45.26 unless otherwise ordered by the court. [260.141, subd. 2] 45.27 Subd. 3. [PROOF OF SERVICE.] Proof of the service required 45.28 by this section shall be made by the person having knowledge 45.29 thereof. [260.141, subd. 3] 45.30 Sec. 17. [260B.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 45.31 CONTEMPT, ARREST.] 45.32 If any person personally served with summons or subpoena 45.33 fails, without reasonable cause, to appear or bring the child, 45.34 or if the court has reason to believe the person is avoiding 45.35 personal service, or if any custodial parent or guardian fails, 45.36 without reasonable cause, to accompany the child to a hearing as 46.1 required under section 260B.163, subdivision 8, the person may 46.2 be proceeded against for contempt of court or the court may 46.3 issue a warrant for the person's arrest, or both. In any case 46.4 when it appears to the court that the service will be 46.5 ineffectual, or that the welfare of the child requires that the 46.6 child be brought forthwith into the custody of the court, the 46.7 court may issue a warrant for immediate custody of the child. 46.8 [260.145] 46.9 Sec. 18. [260B.157] [INVESTIGATION; PHYSICAL AND MENTAL 46.10 EXAMINATION.] 46.11 Subdivision 1. [INVESTIGATION.] Upon request of the court 46.12 the local social services agency or probation officer shall 46.13 investigate the personal and family history and environment of 46.14 any minor coming within the jurisdiction of the court under 46.15 section 260B.101 and shall report its findings to the court. 46.16 The court may order any minor coming within its jurisdiction to 46.17 be examined by a duly qualified physician, psychiatrist, or 46.18 psychologist appointed by the court. 46.19 The court shall have a chemical use assessment conducted 46.20 when a child is (1) found to be delinquent for violating a 46.21 provision of chapter 152, or for committing a felony-level 46.22 violation of a provision of chapter 609 if the probation officer 46.23 determines that alcohol or drug use was a contributing factor in 46.24 the commission of the offense, or (2) alleged to be delinquent 46.25 for violating a provision of chapter 152, if the child is being 46.26 held in custody under a detention order. The assessor's 46.27 qualifications and the assessment criteria shall comply with 46.28 Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under 46.29 chapter 254B are to be used to pay for the recommended 46.30 treatment, the assessment and placement must comply with all 46.31 provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 46.32 9530.7000 to 9530.7030. The commissioner of human services 46.33 shall reimburse the court for the cost of the chemical use 46.34 assessment, up to a maximum of $100. 46.35 With the consent of the commissioner of corrections and 46.36 agreement of the county to pay the costs thereof, the court may, 47.1 by order, place a minor coming within its jurisdiction in an 47.2 institution maintained by the commissioner for the detention, 47.3 diagnosis, custody and treatment of persons adjudicated to be 47.4 delinquent, in order that the condition of the minor be given 47.5 due consideration in the disposition of the case. Any funds 47.6 received under the provisions of this subdivision shall not 47.7 cancel until the end of the fiscal year immediately following 47.8 the fiscal year in which the funds were received. The funds are 47.9 available for use by the commissioner of corrections during that 47.10 period and are hereby appropriated annually to the commissioner 47.11 of corrections as reimbursement of the costs of providing these 47.12 services to the juvenile courts. [260.151, subd. 1 (omitting 47.13 child protection-related text)] 47.14 Subd. 2. [PETITION REQUIREMENT.] The court may proceed as 47.15 described in subdivision 1 only after a petition has been filed 47.16 and, in delinquency cases, after the child has appeared before 47.17 the court or a court appointed referee and has been informed of 47.18 the allegations contained in the petition. However, when the 47.19 child denies being delinquent before the court or court 47.20 appointed referee, the investigation or examination shall not be 47.21 conducted before a hearing has been held as provided in section 47.22 260B.163. [260.151, subd. 2] 47.23 Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The 47.24 local social services agency, at its option, may establish a 47.25 juvenile treatment screening team to conduct screenings and 47.26 prepare case plans under this subdivision. The team, which may 47.27 be the team constituted under section 245.4885 or 256B.092 or 47.28 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 47.29 social workers, juvenile justice professionals, and persons with 47.30 expertise in the treatment of juveniles who are emotionally 47.31 disabled, chemically dependent, or have a developmental 47.32 disability. The team shall involve parents or guardians in the 47.33 screening process as appropriate. 47.34 (b) This paragraph applies only in counties that have 47.35 established a juvenile treatment screening team under paragraph 47.36 (a). If the court, prior to, or as part of, a final 48.1 disposition, proposes to place a child for the primary purpose 48.2 of treatment for an emotional disturbance, a developmental 48.3 disability, or chemical dependency in a residential treatment 48.4 facility out of state or in one which is within the state and 48.5 licensed by the commissioner of human services under chapter 48.6 245A, the court shall notify the county welfare agency. The 48.7 county's juvenile treatment screening team must either: 48.8 (1) screen and evaluate the child and file its 48.9 recommendations with the court within 14 days of receipt of the 48.10 notice; or 48.11 (2) elect not to screen a given case, and notify the court 48.12 of that decision within three working days. 48.13 (c) If the screening team has elected to screen and 48.14 evaluate the child, the child may not be placed for the primary 48.15 purpose of treatment for an emotional disturbance, a 48.16 developmental disability, or chemical dependency, in a 48.17 residential treatment facility out of state nor in a residential 48.18 treatment facility within the state that is licensed under 48.19 chapter 245A, unless one of the following conditions applies: 48.20 (1) a treatment professional certifies that an emergency 48.21 requires the placement of the child in a facility within the 48.22 state; 48.23 (2) the screening team has evaluated the child and 48.24 recommended that a residential placement is necessary to meet 48.25 the child's treatment needs and the safety needs of the 48.26 community, that it is a cost-effective means of meeting the 48.27 treatment needs, and that it will be of therapeutic value to the 48.28 child; or 48.29 (3) the court, having reviewed a screening team 48.30 recommendation against placement, determines to the contrary 48.31 that a residential placement is necessary. The court shall 48.32 state the reasons for its determination in writing, on the 48.33 record, and shall respond specifically to the findings and 48.34 recommendation of the screening team in explaining why the 48.35 recommendation was rejected. The attorney representing the 48.36 child and the prosecuting attorney shall be afforded an 49.1 opportunity to be heard on the matter. [260.151, subd. 3] 49.2 Sec. 19. [260B.161] [MENTAL HEALTH SCREENING OF CHILDREN.] 49.3 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 49.4 services, in cooperation with the commissioner of corrections, 49.5 shall establish pilot projects in counties to reduce the 49.6 recidivism rates of juvenile offenders, by identifying and 49.7 treating underlying mental health problems that contribute to 49.8 delinquent behavior and can be addressed through nonresidential 49.9 services. At least one of the pilot projects must be in the 49.10 seven-county metropolitan area and at least one must be in 49.11 greater Minnesota. [260.152, subd. 1] 49.12 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of 49.13 human services shall, in consultation with the Indian affairs 49.14 council, the council on affairs of Chicano/Latino people, the 49.15 council on Black Minnesotans, and the council on Asian-Pacific 49.16 Minnesotans, provide grants to the counties for the pilot 49.17 projects. The projects shall build upon the existing service 49.18 capabilities in the community and must include availability of 49.19 screening for mental health problems of children who are alleged 49.20 or found to be delinquent. 49.21 (b) The projects must include referral for mental health 49.22 assessment of all children for whom the screening indicates a 49.23 need. This assessment is to be provided by the appropriate 49.24 mental health professional. If the child is of a minority race 49.25 or minority ethnic heritage, the mental health professional must 49.26 be skilled in and knowledgeable about the child's racial and 49.27 ethnic heritage, or must consult with a special mental health 49.28 consultant who has such knowledge so that the assessment is 49.29 relevant, culturally specific, and sensitive to the child's 49.30 cultural needs. 49.31 (c) Upon completion of the assessment, the project must 49.32 provide or ensure access to nonresidential mental health 49.33 services identified as needed in the assessment. [260.152, 49.34 subd. 2 (omitting child protection-related text)] 49.35 Subd. 3. [SCREENING TOOL.] The commissioner of human 49.36 services and the commissioner of corrections, in consultation 50.1 with the Indian affairs council, the council on affairs of 50.2 Chicano/Latino people, the council on Black Minnesotans, and the 50.3 council on Asian-Pacific Minnesotans, shall jointly develop a 50.4 model screening tool to screen children to determine if a mental 50.5 health assessment is needed. This tool must contain specific 50.6 questions to identify potential mental health problems. In 50.7 implementing a pilot project, a county must either use this 50.8 model tool or another screening tool approved by the 50.9 commissioner of human services which meets the requirements of 50.10 this section. [260.152, subd. 3] 50.11 Subd. 4. [PROGRAM REQUIREMENTS.] To receive funds, the 50.12 county program proposal shall be a joint proposal with all 50.13 affected local agencies, resulting in part from consultation 50.14 with the local coordinating council established under section 50.15 245.4873, subdivision 3, and the local mental health advisory 50.16 council established under section 245.4875, subdivision 5, and 50.17 shall contain the following: 50.18 (1) evidence of interagency collaboration by all publicly 50.19 funded agencies serving children with emotional disturbances, 50.20 including evidence of consultation with the agencies listed in 50.21 this section; 50.22 (2) a signed agreement by the local court services and 50.23 local mental health and county social service agencies to work 50.24 together on the following: development of a program; 50.25 development of written interagency agreements and protocols to 50.26 ensure that the mental health needs of juvenile offenders are 50.27 identified, addressed, and treated; and development of a 50.28 procedure for joint evaluation of the program; 50.29 (3) a description of existing services that will be used in 50.30 this program; 50.31 (4) a description of additional services that will be 50.32 developed with program funds, including estimated costs and 50.33 numbers of children to be served; and 50.34 (5) assurances that funds received by a county under this 50.35 section will not be used to supplant existing mental health 50.36 funding for which the child is eligible. 51.1 The commissioner of human services and the commissioner of 51.2 corrections shall jointly determine the application form, 51.3 information needed, deadline for application, criteria for 51.4 awards, and a process for providing technical assistance and 51.5 training to counties. The technical assistance shall include 51.6 information about programs that have been successful in reducing 51.7 recidivism by juvenile offenders. [260.152, subd. 4 (omitting 51.8 child protection-related text)] 51.9 Subd. 5. [INTERAGENCY AGREEMENTS.] To receive funds, the 51.10 county must agree to develop written interagency agreements 51.11 between local court services agencies and local county mental 51.12 health agencies within six months of receiving the initial 51.13 program funds. These agreements shall include a description of 51.14 each local agency's responsibilities, with a detailed assignment 51.15 of the tasks necessary to implement the program. The agreement 51.16 shall state how they will comply with the confidentiality 51.17 requirements of the participating local agencies. [260.152, 51.18 subd. 5] 51.19 Subd. 6. [EVALUATION.] The commissioner of human services 51.20 and the commissioner of corrections shall, in consultation with 51.21 the Indian affairs council, the council on affairs of 51.22 Chicano/Latino people, the council on Black Minnesotans, and the 51.23 council on Asian-Pacific Minnesotans, develop systems and 51.24 procedures for evaluating the pilot projects. The departments 51.25 must develop an interagency management information system to 51.26 track children who receive mental health services. The system 51.27 must be designed to meet the information needs of the agencies 51.28 involved and to provide a basis for evaluating outcome data. 51.29 The system must be designed to track the mental health treatment 51.30 of children released from custody and to improve the planning, 51.31 delivery, and evaluation of services and increase interagency 51.32 collaboration. The evaluation protocol must be designed to 51.33 measure the impact of the program on juvenile recidivism, school 51.34 performance, and state and county budgets. [260.152, subd. 6] 51.35 Sec. 20. [260B.163] [HEARING.] 51.36 Subdivision 1. [GENERAL.] (a) Except for hearings arising 52.1 under section 260B.425, hearings on any matter shall be without 52.2 a jury and may be conducted in an informal manner, except that a 52.3 child who is prosecuted as an extended jurisdiction juvenile has 52.4 the right to a jury trial on the issue of guilt. The rules of 52.5 evidence promulgated pursuant to section 480.0591 and the law of 52.6 evidence shall apply in adjudicatory proceedings involving a 52.7 child alleged to be delinquent, an extended jurisdiction 52.8 juvenile, or a juvenile petty offender, and hearings conducted 52.9 pursuant to section 260.125 except to the extent that the rules 52.10 themselves provide that they do not apply. 52.11 (b) When a continuance or adjournment is ordered in any 52.12 proceeding, the court may make any interim orders as it deems in 52.13 the best interests of the minor in accordance with the 52.14 provisions of sections 260B.001 to 260B.421. 52.15 (c) Except as otherwise provided in this paragraph, the 52.16 court shall exclude the general public from hearings under this 52.17 chapter and shall admit only those persons who, in the 52.18 discretion of the court, have a direct interest in the case or 52.19 in the work of the court. The court shall permit the victim of 52.20 a child's delinquent act to attend any related delinquency 52.21 proceeding, except that the court may exclude the victim: 52.22 (1) as a witness under the Rules of Criminal Procedure; and 52.23 (2) from portions of a certification hearing to discuss 52.24 psychological material or other evidence that would not be 52.25 accessible to the public. 52.26 The court shall open the hearings to the public in delinquency 52.27 or extended jurisdiction juvenile proceedings where the child is 52.28 alleged to have committed an offense or has been proven to have 52.29 committed an offense that would be a felony if committed by an 52.30 adult and the child was at least 16 years of age at the time of 52.31 the offense, except that the court may exclude the public from 52.32 portions of a certification hearing to discuss psychological 52.33 material or other evidence that would not be accessible to the 52.34 public in an adult proceeding. 52.35 (d) In all delinquency cases a person named in the charging 52.36 clause of the petition as a person directly damaged in person or 53.1 property shall be entitled, upon request, to be notified by the 53.2 court administrator in writing, at the named person's last known 53.3 address, of (1) the date of the certification or adjudicatory 53.4 hearings, and (2) the disposition of the case. [260.155, subd. 53.5 1 (omitting child protection-related text)] 53.6 Subd. 2. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 53.7 who is the subject of a petition, and the parents, guardian, or 53.8 legal custodian of the child have the right to participate in 53.9 all proceedings on a petition. Official tribal representatives 53.10 have the right to participate in any proceeding that is subject 53.11 to the Indian Child Welfare Act of 1978, United States Code, 53.12 title 25, sections 1901 to 1963. 53.13 Any grandparent of the child has a right to participate in 53.14 the proceedings to the same extent as a parent, if the child has 53.15 lived with the grandparent within the two years preceding the 53.16 filing of the petition. At the first hearing following the 53.17 filing of a petition, the court shall ask whether the child has 53.18 lived with a grandparent within the last two years, except that 53.19 the court need not make this inquiry if the petition states that 53.20 the child did not live with a grandparent during this time 53.21 period. Failure to notify a grandparent of the proceedings is 53.22 not a jurisdictional defect. [260.155, subd. 1a (omitting child 53.23 protection-related text)] 53.24 Subd. 3. [RIGHT OF ALLEGED VICTIM TO PRESENCE OF 53.25 SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision 53.26 1 to the contrary, in any delinquency proceedings in which the 53.27 alleged victim of the delinquent act is testifying in court, the 53.28 victim may choose to have a supportive person who is not 53.29 scheduled to be a witness in the proceedings, present during the 53.30 testimony of the victim. [260.155, subd. 1b] 53.31 Subd. 4. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 53.32 guardian or custodian has the right to effective assistance of 53.33 counsel in connection with a proceeding in juvenile court. This 53.34 right does not apply to a child who is charged with a juvenile 53.35 petty offense as defined in section 260B.007, subdivision 15, 53.36 unless the child is charged with a third or subsequent juvenile 54.1 alcohol or controlled substance offense and may be subject to 54.2 the alternative disposition described in section 260B.235, 54.3 subdivision 6. 54.4 (b) The court shall appoint counsel, or stand-by counsel if 54.5 the child waives the right to counsel, for a child who is: 54.6 (1) charged by delinquency petition with a gross 54.7 misdemeanor or felony offense; or 54.8 (2) the subject of a delinquency proceeding in which 54.9 out-of-home placement has been proposed. 54.10 (c) If they desire counsel but are unable to employ it, the 54.11 court shall appoint counsel to represent the child or the 54.12 parents or guardian in any case in which it feels that such an 54.13 appointment is appropriate, except a juvenile petty offender who 54.14 does not have the right to counsel under paragraph (a). 54.15 (d) Counsel for the child shall not also act as the child's 54.16 guardian ad litem. [260.155, subd. 2 (omitting child 54.17 protection-related text)] 54.18 Subd. 5. [COUNTY ATTORNEY.] The county attorney shall 54.19 present the evidence upon request of the court. [260.155, subd. 54.20 3 (omitting child protection-related text)] 54.21 Subd. 6. [GUARDIAN AD LITEM.] (a) The court shall appoint 54.22 a guardian ad litem to protect the interests of the minor when 54.23 it appears, at any stage of the proceedings, that the minor is 54.24 without a parent or guardian, or that the minor's parent is a 54.25 minor or incompetent, or that the parent or guardian is 54.26 indifferent or hostile to the minor's interests. In any other 54.27 case the court may appoint a guardian ad litem to protect the 54.28 interests of the minor when the court feels that such an 54.29 appointment is desirable. The court shall appoint the guardian 54.30 ad litem on its own motion or in the manner provided for the 54.31 appointment of a guardian ad litem in the district court. The 54.32 court may appoint separate counsel for the guardian ad litem if 54.33 necessary. 54.34 (b) A guardian ad litem shall carry out the following 54.35 responsibilities: 54.36 (1) conduct an independent investigation to determine the 55.1 facts relevant to the situation of the child and the family, 55.2 which must include, unless specifically excluded by the court, 55.3 reviewing relevant documents; meeting with and observing the 55.4 child in the home setting and considering the child's wishes, as 55.5 appropriate; and interviewing parents, caregivers, and others 55.6 with knowledge relevant to the case; 55.7 (2) advocate for the child's best interests by 55.8 participating in appropriate aspects of the case and advocating 55.9 for appropriate community services when necessary; 55.10 (3) maintain the confidentiality of information related to 55.11 a case, with the exception of sharing information as permitted 55.12 by law to promote cooperative solutions that are in the best 55.13 interests of the child; 55.14 (4) monitor the child's best interests throughout the 55.15 judicial proceeding; and 55.16 (5) present written reports on the child's best interests 55.17 that include conclusions and recommendations and the facts upon 55.18 which they are based. 55.19 (c) The court may waive the appointment of a guardian ad 55.20 litem pursuant to clause (a), whenever counsel has been 55.21 appointed pursuant to subdivision 2 or is retained otherwise, 55.22 and the court is satisfied that the interests of the minor are 55.23 protected. 55.24 (d) In appointing a guardian ad litem pursuant to clause 55.25 (a), the court shall not appoint the party, or any agent or 55.26 employee thereof, filing a petition pursuant to section 260.131. 55.27 (e) The following factors shall be considered when 55.28 appointing a guardian ad litem in a case involving an Indian or 55.29 minority child: 55.30 (1) whether a person is available who is the same racial or 55.31 ethnic heritage as the child or, if that is not possible; 55.32 (2) whether a person is available who knows and appreciates 55.33 the child's racial or ethnic heritage. [260.155, subd. 4 55.34 (omitting child protection-related text)] 55.35 Subd. 7. [PARENT OR GUARDIAN MUST ACCOMPANY CHILD AT 55.36 HEARING.] The custodial parent or guardian of a child who is 56.1 alleged or found to be delinquent, or is prosecuted as an 56.2 extended jurisdiction juvenile, must accompany the child at each 56.3 hearing held during the delinquency or extended jurisdiction 56.4 juvenile proceedings, unless the court excuses the parent or 56.5 guardian from attendance for good cause shown. The failure of a 56.6 parent or guardian to comply with this duty may be punished as 56.7 provided in section 260B.154. [260.155, subd. 4b.] 56.8 Subd. 8. [WAIVING THE PRESENCE OF CHILD, PARENT.] Except 56.9 in delinquency proceedings, the court may waive the presence of 56.10 the minor in court at any stage of the proceedings when it is in 56.11 the best interests of the minor to do so. In a delinquency 56.12 proceeding, after the child is found to be delinquent, the court 56.13 may excuse the presence of the child from the hearing when it is 56.14 in the best interests of the child to do so. In any proceeding 56.15 the court may temporarily excuse the presence of the parent or 56.16 guardian of a minor from the hearing when it is in the best 56.17 interests of the minor to do so. The attorney or guardian ad 56.18 litem, if any, has the right to continue to participate in 56.19 proceedings during the absence of the minor, parent, or 56.20 guardian. [260.155, subd. 5] 56.21 Subd. 9. [RIGHTS OF PARTIES AT HEARING.] The minor and the 56.22 minor's parent, guardian, or custodian are entitled to be heard, 56.23 to present evidence material to the case, and to cross examine 56.24 witnesses appearing at the hearing. [260.155, subd. 6] 56.25 Subd. 10. [WAIVER.] (a) Waiver of any right which a child 56.26 has under this chapter must be an express waiver voluntarily and 56.27 intelligently made by the child after the child has been fully 56.28 and effectively informed of the right being waived. If a child 56.29 is not represented by counsel, any waiver must be given or any 56.30 objection must be offered by the child's guardian ad litem. 56.31 (b) Waiver of a child's right to be represented by counsel 56.32 provided under the juvenile court rules must be an express 56.33 waiver voluntarily and intelligently made by the child after the 56.34 child has been fully and effectively informed of the right being 56.35 waived. In determining whether a child has voluntarily and 56.36 intelligently waived the right to counsel, the court shall look 57.1 to the totality of the circumstances which includes but is not 57.2 limited to the child's age, maturity, intelligence, education, 57.3 experience, and ability to comprehend, and the presence and 57.4 competence of the child's parents, guardian, or guardian ad 57.5 litem. If the court accepts the child's waiver, it shall state 57.6 on the record the findings and conclusions that form the basis 57.7 for its decision to accept the waiver. [260.155, subd. 8] 57.8 Sec. 21. [260B.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 57.9 ACT.] 57.10 The provisions of this chapter must be construed 57.11 consistently with the Indian Child Welfare Act of 1978, United 57.12 States Code, title 25, sections 1901 to 1963. [260.157] 57.13 Sec. 22. [260B.171] [RECORDS.] 57.14 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 57.15 juvenile court judge shall keep such minutes and in such manner 57.16 as the court deems necessary and proper. Except as provided in 57.17 paragraph (b), the court shall keep and maintain records 57.18 pertaining to delinquent adjudications until the person reaches 57.19 the age of 28 years and shall release the records on an 57.20 individual to another juvenile court that has jurisdiction of 57.21 the juvenile, to a requesting adult court for purposes of 57.22 sentencing, or to an adult court or juvenile court as required 57.23 by the right of confrontation of either the United States 57.24 Constitution or the Minnesota Constitution. The juvenile court 57.25 shall provide, upon the request of any other juvenile court, 57.26 copies of the records concerning adjudications involving the 57.27 particular child. The court also may provide copies of records 57.28 concerning delinquency adjudications, on request, to law 57.29 enforcement agencies, probation officers, and corrections agents 57.30 if the court finds that providing these records serves public 57.31 safety or is in the best interests of the child. Until July 1, 57.32 1999, juvenile court delinquency proceeding records of 57.33 adjudications, court transcripts, and delinquency petitions, 57.34 including any probable cause attachments that have been filed or 57.35 police officer reports relating to a petition, must be released 57.36 to requesting law enforcement agencies and prosecuting 58.1 authorities for purposes of investigating and prosecuting 58.2 violations of section 609.229, provided that psychological or 58.3 mental health reports may not be included with those records. 58.4 The agency receiving the records may release the records only as 58.5 permitted under this section or authorized by law. 58.6 The court shall also keep an index in which files 58.7 pertaining to juvenile matters shall be indexed under the name 58.8 of the child. After the name of each file shall be shown the 58.9 file number and, if ordered by the court, the book and page of 58.10 the register in which the documents pertaining to such file are 58.11 listed. The court shall also keep a register properly indexed 58.12 in which shall be listed under the name of the child all 58.13 documents filed pertaining to the child and in the order filed. 58.14 The list shall show the name of the document and the date of 58.15 filing thereof. The juvenile court legal records shall be 58.16 deposited in files and shall include the petition, summons, 58.17 notice, findings, orders, decrees, judgments, and motions and 58.18 such other matters as the court deems necessary and proper. 58.19 Unless otherwise provided by law, all court records shall be 58.20 open at all reasonable times to the inspection of any child to 58.21 whom the records relate, and to the child's parent and guardian. 58.22 (b) The court shall retain records of the court finding 58.23 that a juvenile committed an act that would be a felony or gross 58.24 misdemeanor level offense until the offender reaches the age of 58.25 28. If the offender commits a felony as an adult, or the court 58.26 convicts a child as an extended jurisdiction juvenile, the court 58.27 shall retain the juvenile records for as long as the records 58.28 would have been retained if the offender had been an adult at 58.29 the time of the juvenile offense. This paragraph does not apply 58.30 unless the juvenile was provided counsel as required by section 58.31 260B.163, subdivision 2. [260.161, subd. 1] 58.32 Subd. 2. [RECORD OF FINDINGS.] (a) The juvenile court 58.33 shall forward to the bureau of criminal apprehension the 58.34 following data in juvenile petitions involving felony- or gross 58.35 misdemeanor-level offenses: 58.36 (1) the name and birthdate of the juvenile, including any 59.1 of the juvenile's known aliases or street names; 59.2 (2) the act for which the juvenile was petitioned and date 59.3 of the offense; and 59.4 (3) the date and county where the petition was filed. 59.5 (b) Upon completion of the court proceedings, the court 59.6 shall forward the court's finding and case disposition to the 59.7 bureau. The court shall specify whether: 59.8 (1) the juvenile was referred to a diversion program; 59.9 (2) the petition was dismissed, continued for dismissal, or 59.10 continued without adjudication; or 59.11 (3) the juvenile was adjudicated delinquent. 59.12 (c) The juvenile court shall forward to the bureau, the 59.13 sentencing guidelines commission, and the department of 59.14 corrections the following data on individuals convicted as 59.15 extended jurisdiction juveniles: 59.16 (1) the name and birthdate of the offender, including any 59.17 of the juvenile's known aliases or street names; 59.18 (2) the crime committed by the offender and the date of the 59.19 crime; 59.20 (3) the date and county of the conviction; and 59.21 (4) the case disposition. 59.22 The court shall notify the bureau, the sentencing 59.23 guidelines commission, and the department of corrections 59.24 whenever it executes an extended jurisdiction juvenile's adult 59.25 sentence under section 260B.130, subdivision 5. 59.26 (d) The bureau, sentencing guidelines commission, and the 59.27 department of corrections shall retain the extended jurisdiction 59.28 juvenile data for as long as the data would have been retained 59.29 if the offender had been an adult at the time of the offense. 59.30 Data retained on individuals under this subdivision are private 59.31 data under section 13.02, except that extended jurisdiction 59.32 juvenile data becomes public data under section 13.87, 59.33 subdivision 2, when the juvenile court notifies the bureau that 59.34 the individual's adult sentence has been executed under section 59.35 260B.130, subdivision 5. [260.161, subd. 1a] 59.36 Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 60.1 juvenile is enrolled in school, the juvenile's probation officer 60.2 shall transmit a copy of the court's disposition order to the 60.3 principal or chief administrative officer of the juvenile's 60.4 school if the juvenile has been adjudicated delinquent for 60.5 committing an act on the school's property or an act: 60.6 (1) that would be a violation of section 609.185 60.7 (first-degree murder); 609.19 (second-degree murder); 609.195 60.8 (third-degree murder); 609.20 (first-degree manslaughter); 60.9 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 60.10 homicide and injury); 609.221 (first-degree assault); 609.222 60.11 (second-degree assault); 609.223 (third-degree assault); 60.12 609.2231 (fourth-degree assault); 609.224 (fifth-degree 60.13 assault); 609.2242 (domestic assault); 609.24 (simple robbery); 60.14 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 60.15 (false imprisonment); 609.342 (first-degree criminal sexual 60.16 conduct); 609.343 (second-degree criminal sexual conduct); 60.17 609.344 (third-degree criminal sexual conduct); 609.345 60.18 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 60.19 criminal sexual conduct); 609.498 (tampering with a witness); 60.20 609.561 (first-degree arson); 609.582, subdivision 1 or 2 60.21 (burglary); 609.713 (terroristic threats); or 609.749 60.22 (harassment and stalking), if committed by an adult; 60.23 (2) that would be a violation of section 152.021 60.24 (first-degree controlled substance crime); 152.022 60.25 (second-degree controlled substance crime); 152.023 60.26 (third-degree controlled substance crime); 152.024 60.27 (fourth-degree controlled substance crime); 152.025 60.28 (fifth-degree controlled substance crime); 152.0261 (importing a 60.29 controlled substance); or 152.027 (other controlled substance 60.30 offenses), if committed by an adult; or 60.31 (3) that involved the possession or use of a dangerous 60.32 weapon as defined in section 609.02, subdivision 6. 60.33 When a disposition order is transmitted under this 60.34 paragraph, the probation officer shall notify the juvenile's 60.35 parent or legal guardian that the disposition order has been 60.36 shared with the juvenile's school. 61.1 (b) The disposition order must be accompanied by a notice 61.2 to the school that the school may obtain additional information 61.3 from the juvenile's probation officer with the consent of the 61.4 juvenile or the juvenile's parents, as applicable. The 61.5 disposition order must be maintained in the student's permanent 61.6 education record but may not be released outside of the school 61.7 district or educational entity, other than to another school 61.8 district or educational entity to which the juvenile is 61.9 transferring. Notwithstanding section 138.17, the disposition 61.10 order must be destroyed when the juvenile graduates from the 61.11 school or at the end of the academic year when the juvenile 61.12 reaches age 23, whichever date is earlier. 61.13 (c) The juvenile's probation officer shall maintain a 61.14 record of disposition orders released under this subdivision and 61.15 the basis for the release. 61.16 (d) The criminal and juvenile justice information policy 61.17 group, in consultation with representatives of probation 61.18 officers and educators, shall prepare standard forms for use by 61.19 juvenile probation officers in forwarding information to schools 61.20 under this subdivision and in maintaining a record of the 61.21 information that is released. 61.22 (e) As used in this subdivision, "school" means a public or 61.23 private elementary, middle, or secondary school. [260.161, 61.24 subd. 1b] 61.25 Subd. 4. [PUBLIC INSPECTION OF RECORDS.] (a) Legal records 61.26 arising from proceedings or portions of proceedings that are 61.27 public under section 260B.163, subdivision 1, are open to public 61.28 inspection. 61.29 (b) Except as otherwise provided by this section, none of 61.30 the records of the juvenile court and none of the records 61.31 relating to an appeal from a nonpublic juvenile court 61.32 proceeding, except the written appellate opinion, shall be open 61.33 to public inspection or their contents disclosed except: 61.34 (1) by order of a court; or 61.35 (2) as required by sections 245A.04, 611A.03, 611A.04, 61.36 611A.06, and 629.73. 62.1 (c) The victim of any alleged delinquent act may, upon the 62.2 victim's request, obtain the following information, unless it 62.3 reasonably appears that the request is prompted by a desire on 62.4 the part of the requester to engage in unlawful activities: 62.5 (1) the name and age of the juvenile; 62.6 (2) the act for which the juvenile was petitioned and date 62.7 of the offense; and 62.8 (3) the disposition, including but not limited to, 62.9 dismissal of the petition, diversion, probation and conditions 62.10 of probation, detention, fines, or restitution. 62.11 (d) The records of juvenile probation officers and county 62.12 home schools are records of the court for the purposes of this 62.13 subdivision. Court services data relating to delinquent acts 62.14 that are contained in records of the juvenile court may be 62.15 released as allowed under section 13.84, subdivision 5a. This 62.16 subdivision applies to all proceedings under this chapter, 62.17 including appeals from orders of the juvenile court, except that 62.18 this subdivision does not apply to proceedings under section 62.19 260B.335 or 260B.425 when the proceeding involves an adult 62.20 defendant. In juvenile court proceedings any report or social 62.21 history furnished to the court shall be open to inspection by 62.22 the attorneys of record and the guardian ad litem a reasonable 62.23 time before it is used in connection with any proceeding before 62.24 the court. 62.25 (e) When a judge of a juvenile court, or duly authorized 62.26 agent of the court, determines under a proceeding under this 62.27 chapter that a child has violated a state or local law, 62.28 ordinance, or regulation pertaining to the operation of a motor 62.29 vehicle on streets and highways, except parking violations, the 62.30 judge or agent shall immediately report the violation to the 62.31 commissioner of public safety. The report must be made on a 62.32 form provided by the department of public safety and must 62.33 contain the information required under section 169.95. 62.34 (f) A county attorney may give a law enforcement agency 62.35 that referred a delinquency matter to the county attorney a 62.36 summary of the results of that referral, including the details 63.1 of any juvenile court disposition. [260.161, subd. 2 (omitting 63.2 child protection-related text)] 63.3 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 63.4 for records relating to an offense where proceedings are public 63.5 under section 260B.163, subdivision 1, peace officers' records 63.6 of children who are or may be delinquent or who may be engaged 63.7 in criminal acts shall be kept separate from records of persons 63.8 18 years of age or older and are private data but shall be 63.9 disseminated: (1) by order of the juvenile court, (2) as 63.10 required by section 126.036, (3) as authorized under section 63.11 13.82, subdivision 2, (4) to the child or the child's parent or 63.12 guardian unless disclosure of a record would interfere with an 63.13 ongoing investigation, (5) to the Minnesota crime victims 63.14 reparations board as required by section 611A.56, subdivision 2, 63.15 clause (f), for the purpose of processing claims for crime 63.16 victims reparations, or (6) as otherwise provided in this 63.17 subdivision. Except as provided in paragraph (c), no 63.18 photographs of a child taken into custody may be taken without 63.19 the consent of the juvenile court unless the child is alleged to 63.20 have violated section 169.121 or 169.129. Peace officers' 63.21 records containing data about children who are victims of crimes 63.22 or witnesses to crimes must be administered consistent with 63.23 section 13.82, subdivisions 2, 3, 4, and 10. Any person 63.24 violating any of the provisions of this subdivision shall be 63.25 guilty of a misdemeanor. 63.26 In the case of computerized records maintained about 63.27 juveniles by peace officers, the requirement of this subdivision 63.28 that records about juveniles must be kept separate from adult 63.29 records does not mean that a law enforcement agency must keep 63.30 its records concerning juveniles on a separate computer system. 63.31 Law enforcement agencies may keep juvenile records on the same 63.32 computer as adult records and may use a common index to access 63.33 both juvenile and adult records so long as the agency has in 63.34 place procedures that keep juvenile records in a separate place 63.35 in computer storage and that comply with the special data 63.36 retention and other requirements associated with protecting data 64.1 on juveniles. 64.2 (b) Nothing in this subdivision prohibits the exchange of 64.3 information by law enforcement agencies if the exchanged 64.4 information is pertinent and necessary for law enforcement 64.5 purposes. 64.6 (c) A photograph may be taken of a child taken into custody 64.7 pursuant to section 260B.175, subdivision 1, clause (b), 64.8 provided that the photograph must be destroyed when the child 64.9 reaches the age of 19 years. The commissioner of corrections 64.10 may photograph juveniles whose legal custody is transferred to 64.11 the commissioner. Photographs of juveniles authorized by this 64.12 paragraph may be used only for institution management purposes, 64.13 case supervision by parole agents, and to assist law enforcement 64.14 agencies to apprehend juvenile offenders. The commissioner 64.15 shall maintain photographs of juveniles in the same manner as 64.16 juvenile court records and names under this section. 64.17 (d) Traffic investigation reports are open to inspection by 64.18 a person who has sustained physical harm or economic loss as a 64.19 result of the traffic accident. Identifying information on 64.20 juveniles who are parties to traffic accidents may be disclosed 64.21 as authorized under section 13.82, subdivision 4, and accident 64.22 reports required under section 169.09 may be released under 64.23 section 169.09, subdivision 13, unless the information would 64.24 identify a juvenile who was taken into custody or who is 64.25 suspected of committing an offense that would be a crime if 64.26 committed by an adult, or would associate a juvenile with the 64.27 offense, and the offense is not an adult court traffic offense 64.28 under section 260B.225. 64.29 (e) A law enforcement agency shall notify the principal or 64.30 chief administrative officer of a juvenile's school of an 64.31 incident occurring within the agency's jurisdiction if: 64.32 (1) the agency has probable cause to believe that the 64.33 juvenile has committed an offense that would be a crime if 64.34 committed as an adult, that the victim of the offense is a 64.35 student or staff member of the school, and that notice to the 64.36 school is reasonably necessary for the protection of the victim; 65.1 or 65.2 (2) the agency has probable cause to believe that the 65.3 juvenile has committed an offense described in subdivision 1b, 65.4 paragraph (a), clauses (1) to (3), that would be a crime if 65.5 committed by an adult, regardless of whether the victim is a 65.6 student or staff member of the school. 65.7 A law enforcement agency is not required to notify the 65.8 school under this paragraph if the agency determines that notice 65.9 would jeopardize an ongoing investigation. Notwithstanding 65.10 section 138.17, data from a notice received from a law 65.11 enforcement agency under this paragraph must be destroyed when 65.12 the juvenile graduates from the school or at the end of the 65.13 academic year when the juvenile reaches age 23, whichever date 65.14 is earlier. For purposes of this paragraph, "school" means a 65.15 public or private elementary, middle, or secondary school. 65.16 (f) In any county in which the county attorney operates or 65.17 authorizes the operation of a juvenile prepetition or pretrial 65.18 diversion program, a law enforcement agency or county attorney's 65.19 office may provide the juvenile diversion program with data 65.20 concerning a juvenile who is a participant in or is being 65.21 considered for participation in the program. 65.22 (g) Upon request of a local social service agency, peace 65.23 officer records of children who are or may be delinquent or who 65.24 may be engaged in criminal acts may be disseminated to the 65.25 agency to promote the best interests of the subject of the data. 65.26 (h) Upon written request, the prosecuting authority shall 65.27 release investigative data collected by a law enforcement agency 65.28 to the victim of a criminal act or alleged criminal act or to 65.29 the victim's legal representative, except as otherwise provided 65.30 by this paragraph. Data shall not be released if: 65.31 (1) the release to the individual subject of the data would 65.32 be prohibited under section 13.391; or 65.33 (2) the prosecuting authority reasonably believes: 65.34 (i) that the release of that data will interfere with the 65.35 investigation; or 65.36 (ii) that the request is prompted by a desire on the part 66.1 of the requester to engage in unlawful activities. [260.161, 66.2 subd. 3] 66.3 Subd. 6. [ATTORNEY ACCESS TO RECORDS.] An attorney 66.4 representing a child, parent, or guardian ad litem in a 66.5 proceeding under this chapter shall be given access to records, 66.6 local social service agency files, and reports which form the 66.7 basis of any recommendation made to the court. An attorney does 66.8 not have access under this subdivision to the identity of a 66.9 person who made a report under section 626.556. The court may 66.10 issue protective orders to prohibit an attorney from sharing a 66.11 specified record or portion of a record with a client other than 66.12 a guardian ad litem. [260.161, subd. 3a] 66.13 Subd. 7. [COURT RECORD RELEASED TO PROSECUTOR.] If a 66.14 prosecutor has probable cause to believe that a person has 66.15 committed a gross misdemeanor violation of section 169.121 or 66.16 has violated section 169.129, and that a prior juvenile court 66.17 adjudication forms, in part, the basis for the current 66.18 violation, the prosecutor may file an application with the court 66.19 having jurisdiction over the criminal matter attesting to this 66.20 probable cause determination and seeking the relevant juvenile 66.21 court records. The court shall transfer the application to the 66.22 juvenile court where the requested records are maintained, and 66.23 the juvenile court shall release to the prosecutor any records 66.24 relating to the person's prior juvenile traffic adjudication, 66.25 including a transcript, if any, of the court's advisory of the 66.26 right to counsel and the person's exercise or waiver of that 66.27 right. [260.161, subd. 4] 66.28 Subd. 8. [FURTHER RELEASE OF RECORDS.] A person who 66.29 receives access to juvenile court or peace officer records of 66.30 children that are not accessible to the public may not release 66.31 or disclose the records to any other person except as authorized 66.32 by law. This subdivision does not apply to the child who is the 66.33 subject of the records or the child's parent or guardian. 66.34 [260.161, subd. 5] 66.35 Sec. 23. [260B.173] [REPORT ON JUVENILE DELINQUENCY 66.36 PETITIONS.] 67.1 The state court administrator shall annually prepare and 67.2 present to the chairs and ranking minority members of the house 67.3 judiciary committee and the senate crime prevention committee 67.4 aggregate data by judicial district on juvenile delinquency 67.5 petitions. The report must include, but need not be limited to, 67.6 information on the act for which a delinquency petition is 67.7 filed, the age of the juvenile, the county where the petition 67.8 was filed, the outcome of the petition, such as dismissal, 67.9 continuance for dismissal, continuance without adjudication, and 67.10 the disposition of the petition such as diversion, detention, 67.11 probation, restitution, or fine. The report must be prepared on 67.12 a calendar year basis and be submitted annually beginning July 67.13 1, 1999. [260.162] 67.14 Sec. 24. [260B.175] [TAKING CHILD INTO CUSTODY.] 67.15 Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken 67.16 into immediate custody except: 67.17 (a) With an order issued by the court in accordance with 67.18 the provisions of section 260B.151, subdivision 5, or Laws 1997, 67.19 chapter 239, article 10, section 10, paragraph (a), clause (3), 67.20 or 12, paragraph (a), clause (3), or by a warrant issued in 67.21 accordance with the provisions of section 260B.154; 67.22 (b) In accordance with the laws relating to arrests; or 67.23 (c) By a peace officer or probation or parole officer when 67.24 it is reasonably believed that the child has violated the terms 67.25 of probation, parole, or other field supervision. [260.165, 67.26 subd. 1 (omitting child protection-related text)] 67.27 Subd. 2. [NOT AN ARREST.] The taking of a child into 67.28 custody under the provisions of this section shall not be 67.29 considered an arrest. [260.165, subd. 2] 67.30 Subd. 3. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 67.31 officer takes a child into custody for shelter care or relative 67.32 placement pursuant to subdivision 1 or section 260B.154, the 67.33 officer shall notify the parent or custodian that under section 67.34 260B.181, subdivision 2, the parent or custodian may request 67.35 that the child be placed with a relative or a designated 67.36 caregiver under chapter 257A instead of in a shelter care 68.1 facility. The officer also shall give the parent or custodian 68.2 of the child a list of names, addresses, and telephone numbers 68.3 of social service agencies that offer child welfare services. 68.4 If the parent or custodian was not present when the child was 68.5 removed from the residence, the list shall be left with an adult 68.6 on the premises or left in a conspicuous place on the premises 68.7 if no adult is present. If the officer has reason to believe 68.8 the parent or custodian is not able to read and understand 68.9 English, the officer must provide a list that is written in the 68.10 language of the parent or custodian. The list shall be prepared 68.11 by the commissioner of human services. The commissioner shall 68.12 prepare lists for each county and provide each county with 68.13 copies of the list without charge. The list shall be reviewed 68.14 annually by the commissioner and updated if it is no longer 68.15 accurate. Neither the commissioner nor any peace officer or the 68.16 officer's employer shall be liable to any person for mistakes or 68.17 omissions in the list. The list does not constitute a promise 68.18 that any agency listed will in fact assist the parent or 68.19 custodian. [260.165, subd. 3 (omitting child protection-related 68.20 text)] 68.21 Subd. 4. [PROTECTIVE PAT-DOWN SEARCH OF CHILD 68.22 AUTHORIZED.] (a) A peace officer who takes a child of any age or 68.23 gender into custody under the provisions of this section is 68.24 authorized to perform a protective pat-down search of the child 68.25 in order to protect the officer's safety. 68.26 (b) A peace officer also may perform a protective pat-down 68.27 search of a child in order to protect the officer's safety in 68.28 circumstances where the officer does not intend to take the 68.29 child into custody, if this section authorizes the officer to 68.30 take the child into custody. 68.31 (c) Evidence discovered in the course of a lawful search 68.32 under this section is admissible. [260.165, subd. 2a] 68.33 Sec. 25. [260B.176] [RELEASE OR DETENTION.] 68.34 Subdivision 1. [NOTIFICATION; RELEASE.] If a child is 68.35 taken into custody as provided in section 260B.175, the parent, 68.36 guardian, or custodian of the child shall be notified as soon as 69.1 possible. Unless there is reason to believe that the child 69.2 would endanger self or others, not return for a court hearing, 69.3 run away from the child's parent, guardian, or custodian or 69.4 otherwise not remain in the care or control of the person to 69.5 whose lawful custody the child is released, or that the child's 69.6 health or welfare would be immediately endangered, the child 69.7 shall be released to the custody of a parent, guardian, 69.8 custodian, or other suitable person. The person to whom the 69.9 child is released shall promise to bring the child to the court, 69.10 if necessary, at the time the court may direct. If the person 69.11 taking the child into custody believes it desirable, that person 69.12 may request the parent, guardian, custodian, or other person 69.13 designated by the court to sign a written promise to bring the 69.14 child to court as provided above. The intentional violation of 69.15 such a promise, whether given orally or in writing, shall be 69.16 punishable as contempt of court. 69.17 The court may require the parent, guardian, custodian, or 69.18 other person to whom the child is released, to post any 69.19 reasonable bail or bond required by the court which shall be 69.20 forfeited to the court if the child does not appear as 69.21 directed. The court may also release the child on the child's 69.22 own promise to appear in juvenile court. [260.171, subd. 1 69.23 (omitting child protection-related text)] 69.24 Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not 69.25 released as provided in subdivision 1, the person taking the 69.26 child into custody shall notify the court as soon as possible of 69.27 the detention of the child and the reasons for detention. 69.28 (b) No child may be detained in a juvenile secure detention 69.29 facility or shelter care facility longer than 36 hours, 69.30 excluding Saturdays, Sundays, and holidays, after being taken 69.31 into custody for a delinquent act as defined in section 69.32 260B.007, subdivision 6, unless a petition has been filed and 69.33 the judge or referee determines pursuant to section 260B.178 69.34 that the child shall remain in detention. 69.35 (c) No child may be detained in an adult jail or municipal 69.36 lockup longer than 24 hours, excluding Saturdays, Sundays, and 70.1 holidays, or longer than six hours in an adult jail or municipal 70.2 lockup in a standard metropolitan statistical area, after being 70.3 taken into custody for a delinquent act as defined in section 70.4 260B.007, subdivision 6, unless: 70.5 (1) a petition has been filed under section 260B.141; and 70.6 (2) a judge or referee has determined under section 70.7 260B.178 that the child shall remain in detention. 70.8 After August 1, 1991, no child described in this paragraph 70.9 may be detained in an adult jail or municipal lockup longer than 70.10 24 hours, excluding Saturdays, Sundays, and holidays, or longer 70.11 than six hours in an adult jail or municipal lockup in a 70.12 standard metropolitan statistical area, unless the requirements 70.13 of this paragraph have been met and, in addition, a motion to 70.14 refer the child for adult prosecution has been made under 70.15 section 260B.125. Notwithstanding this paragraph, continued 70.16 detention of a child in an adult detention facility outside of a 70.17 standard metropolitan statistical area county is permissible if: 70.18 (i) the facility in which the child is detained is located 70.19 where conditions of distance to be traveled or other ground 70.20 transportation do not allow for court appearances within 24 70.21 hours. A delay not to exceed 48 hours may be made under this 70.22 clause; or 70.23 (ii) the facility is located where conditions of safety 70.24 exist. Time for an appearance may be delayed until 24 hours 70.25 after the time that conditions allow for reasonably safe 70.26 travel. "Conditions of safety" include adverse life-threatening 70.27 weather conditions that do not allow for reasonably safe travel. 70.28 The continued detention of a child under clause (i) or (ii) 70.29 must be reported to the commissioner of corrections. 70.30 (d) If a child described in paragraph (c) is to be detained 70.31 in a jail beyond 24 hours, excluding Saturdays, Sundays, and 70.32 holidays, the judge or referee, in accordance with rules and 70.33 procedures established by the commissioner of corrections, shall 70.34 notify the commissioner of the place of the detention and the 70.35 reasons therefor. The commissioner shall thereupon assist the 70.36 court in the relocation of the child in an appropriate juvenile 71.1 secure detention facility or approved jail within the county or 71.2 elsewhere in the state, or in determining suitable 71.3 alternatives. The commissioner shall direct that a child 71.4 detained in a jail be detained after eight days from and 71.5 including the date of the original detention order in an 71.6 approved juvenile secure detention facility with the approval of 71.7 the administrative authority of the facility. If the court 71.8 refers the matter to the prosecuting authority pursuant to 71.9 section 260B.125, notice to the commissioner shall not be 71.10 required. [260.171, subd. 2 (omitting child protection-related 71.11 text)] 71.12 Subd. 3. [SHELTER CARE FACILITY; SECURE DETENTION 71.13 FACILITY.] If the person who has taken the child into custody 71.14 determines that the child should be placed in a secure detention 71.15 facility or a shelter care facility, that person shall advise 71.16 the child and as soon as is possible, the child's parent, 71.17 guardian, or custodian: 71.18 (a) of the reasons why the child has been taken into 71.19 custody and why the child is being placed in a juvenile secure 71.20 detention facility or a shelter care facility; and 71.21 (b) of the location of the juvenile secure detention 71.22 facility or shelter care facility. If there is reason to 71.23 believe that disclosure of the location of the shelter care 71.24 facility would place the child's health and welfare in immediate 71.25 endangerment, disclosure of the location of the shelter care 71.26 facility shall not be made; and 71.27 (c) that the child's parent, guardian, or custodian and 71.28 attorney or guardian ad litem may make an initial visit to the 71.29 secure detention facility or shelter care facility at any time. 71.30 Subsequent visits by a parent, guardian, or custodian may be 71.31 made on a reasonable basis during visiting hours and by the 71.32 child's attorney or guardian ad litem at reasonable hours; and 71.33 (d) that the child may telephone parents and an attorney or 71.34 guardian ad litem from the juvenile secure detention facility or 71.35 shelter care facility immediately after being admitted to the 71.36 facility and thereafter on a reasonable basis to be determined 72.1 by the director of the facility; and 72.2 (e) that the child may not be detained for acts as defined 72.3 in section 260B.007, subdivision 6, at a juvenile secure 72.4 detention facility or shelter care facility longer than 36 72.5 hours, excluding Saturdays, Sundays, and holidays, unless a 72.6 petition has been filed within that time and the court orders 72.7 the child's continued detention, pursuant to section 260B.178; 72.8 and 72.9 (f) that the child may not be detained for acts defined in 72.10 section 260B.007, subdivision 6, at an adult jail or municipal 72.11 lockup longer than 24 hours, excluding Saturdays, Sundays, and 72.12 holidays, or longer than six hours if the adult jail or 72.13 municipal lockup is in a standard metropolitan statistical area, 72.14 unless a petition has been filed and the court orders the 72.15 child's continued detention under section 260B.178; and 72.16 (g) of the date, time, and place of the detention hearing, 72.17 if this information is available to the person who has taken the 72.18 child into custody; and 72.19 (h) that the child and the child's parent, guardian, or 72.20 custodian have the right to be present and to be represented by 72.21 counsel at the detention hearing, and that if they cannot afford 72.22 counsel, counsel will be appointed at public expense for the 72.23 child, if it is a delinquency matter. 72.24 After August 1, 1991, the child's parent, guardian, or 72.25 custodian shall also be informed under clause (f) that the child 72.26 may not be detained in an adult jail or municipal lockup longer 72.27 than 24 hours, excluding Saturdays, Sundays, and holidays, or 72.28 longer than six hours if the adult jail or municipal lockup is 72.29 in a standard metropolitan statistical area, unless a motion to 72.30 refer the child for adult prosecution has been made within that 72.31 time period. [260.171, subd. 4 (omitting child 72.32 protection-related text)] 72.33 Subd. 4. [TRANSPORTATION.] If a child is to be detained in 72.34 a secure detention facility or shelter care facility, the child 72.35 shall be promptly transported to the facility in a manner 72.36 approved by the facility or by securing a written transportation 73.1 order from the court authorizing transportation by the sheriff 73.2 or other qualified person. The person who has determined that 73.3 the child should be detained shall deliver to the court and the 73.4 supervisor of the secure detention facility or shelter care 73.5 facility where the child is placed, a signed report, setting 73.6 forth: 73.7 (a) the time the child was taken into custody; and 73.8 (b) the time the child was delivered for transportation to 73.9 the secure detention facility or shelter care facility; and 73.10 (c) the reasons why the child was taken into custody; and 73.11 (d) the reasons why the child has been placed in detention; 73.12 and 73.13 (e) a statement that the child and the child's parent have 73.14 received the notification required by subdivision 3 or the 73.15 reasons why they have not been so notified; and 73.16 (f) any instructions required by subdivision 5. [260.171, 73.17 subd. 5] 73.18 Subd. 5. [SHELTER CARE; NOTICE TO PARENT.] When a child is 73.19 to be placed in a shelter care facility the person taking the 73.20 child into custody or the court shall determine whether or not 73.21 there is reason to believe that disclosure of the shelter care 73.22 facility's location to the child's parent, guardian, or 73.23 custodian would immediately endanger the health and welfare of 73.24 the child. If there is reason to believe that the child's 73.25 health and welfare would be immediately endangered, disclosure 73.26 of the location shall not be made. This determination shall be 73.27 included in the report required by subdivision 4, along with 73.28 instructions to the shelter care facility to notify or withhold 73.29 notification. [260.171, subd. 5a] 73.30 Subd. 6. [REPORT.] (a) When a child has been delivered to 73.31 a secure detention facility, the supervisor of the facility 73.32 shall deliver to the court a signed report acknowledging receipt 73.33 of the child stating the time of the child's arrival. The 73.34 supervisor of the facility shall ascertain from the report of 73.35 the person who has taken the child into custody whether the 73.36 child and a parent, guardian, or custodian have received the 74.1 notification required by subdivision 3. If the child or a 74.2 parent, guardian or custodian, or both, have not been so 74.3 notified, the supervisor of the facility shall immediately make 74.4 the notification, and shall include in the report to the court a 74.5 statement that notification has been received or the reasons why 74.6 it has not. 74.7 (b) When a child has been delivered to a shelter care 74.8 facility, the supervisor of the facility shall deliver to the 74.9 court a signed report acknowledging receipt of the child stating 74.10 the time of the child's arrival. The supervisor of the facility 74.11 shall ascertain from the report of the person who has taken the 74.12 child into custody whether the child's parent, guardian or 74.13 custodian has been notified of the placement of the child at the 74.14 shelter care facility and its location, and the supervisor shall 74.15 follow any instructions concerning notification contained in 74.16 that report. [260.171, subd. 6] 74.17 Sec. 26. [260B.178] [DETENTION HEARING.] 74.18 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) The 74.19 court shall hold a detention hearing: 74.20 (1) within 36 hours of the time the child was taken into 74.21 custody, excluding Saturdays, Sundays, and holidays, if the 74.22 child is being held at a juvenile secure detention facility or 74.23 shelter care facility; or 74.24 (2) within 24 hours of the time the child was taken into 74.25 custody, excluding Saturdays, Sundays, and holidays, if the 74.26 child is being held at an adult jail or municipal lockup. 74.27 (b) Unless there is reason to believe that the child would 74.28 endanger self or others, not return for a court hearing, run 74.29 away from the child's parent, guardian, or custodian or 74.30 otherwise not remain in the care or control of the person to 74.31 whose lawful custody the child is released, or that the child's 74.32 health or welfare would be immediately endangered, the child 74.33 shall be released to the custody of a parent, guardian, 74.34 custodian, or other suitable person, subject to reasonable 74.35 conditions of release including, but not limited to, a 74.36 requirement that the child undergo a chemical use assessment as 75.1 provided in section 260B.157, subdivision 1. In determining 75.2 whether the child's health or welfare would be immediately 75.3 endangered, the court shall consider whether the child would 75.4 reside with a perpetrator of domestic child abuse. [260.172, 75.5 subd. 1 (omitting child protection-related text)] 75.6 Subd. 2. [CONTINUATION OF DETENTION.] If the court 75.7 determines that the child should continue in detention, it may 75.8 order detention continued for eight days, excluding Saturdays, 75.9 Sundays and holidays, from and including the date of the order. 75.10 Unless a motion to refer the child for adult prosecution is 75.11 pending, a child who has been detained in an adult jail or 75.12 municipal lockup and for whom continued detention is ordered, 75.13 must be transferred to a juvenile secure detention facility or 75.14 shelter care facility. The court shall include in its order the 75.15 reasons for continued detention and the findings of fact which 75.16 support these reasons. [260.172, subd. 2] 75.17 Subd. 3. [SERVICE OF ORDERS.] Copies of the court's order 75.18 shall be served upon the parties, including the supervisor of 75.19 the detention facility, who shall release the child or continue 75.20 to hold the child as the court orders. 75.21 When the court's order is served upon these parties, notice 75.22 shall also be given to the parties of the subsequent reviews 75.23 provided by subdivision 4. The notice shall also inform each 75.24 party of the right to submit to the court for informal review 75.25 any new evidence regarding whether the child should be continued 75.26 in detention and to request a hearing to present the evidence to 75.27 the court. [260.172, subd. 3] 75.28 Subd. 4. [REVIEW OF CASE.] If a child held in detention 75.29 under a court order issued under subdivision 2 has not been 75.30 released prior to expiration of the order, the court or referee 75.31 shall informally review the child's case file to determine, 75.32 under the standards provided by subdivision 1, whether detention 75.33 should be continued. If detention is continued thereafter, 75.34 informal reviews such as these shall be held within every eight 75.35 days, excluding Saturdays, Sundays and holidays, of the child's 75.36 detention. 76.1 A hearing, rather than an informal review of the child's 76.2 case file, shall be held at the request of any one of the 76.3 parties notified pursuant to subdivision 3, if that party 76.4 notifies the court of a wish to present to the court new 76.5 evidence concerning whether the child should be continued in 76.6 detention or notifies the court of a wish to present an 76.7 alternate placement arrangement to provide for the safety and 76.8 protection of the child. [260.172, subd. 4 (omitting child 76.9 protection-related text)] 76.10 Sec. 27. [260B.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 76.11 CARE FACILITY.] 76.12 Subdivision 1. [TEMPORARY CUSTODY.] A child taken into 76.13 custody pursuant to section 260.165 may be detained for up to 24 76.14 hours in a shelter care facility, secure detention facility, or, 76.15 if there is no secure detention facility available for use by 76.16 the county having jurisdiction over the child, in a jail or 76.17 other facility for the confinement of adults who have been 76.18 charged with or convicted of a crime in quarters separate from 76.19 any adult confined in the facility which has been approved for 76.20 the detention of juveniles by the commissioner of corrections. 76.21 At the end of the 24 hour detention any child requiring further 76.22 detention may be detained only as provided in this section. 76.23 [260.173, subd. 1] 76.24 Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the 76.25 provisions of subdivision 1, if the child had been taken into 76.26 custody pursuant to section 260B.175, subdivision 1, clause (a), 76.27 and is not alleged to be delinquent, the child shall be detained 76.28 in the least restrictive setting consistent with the child's 76.29 health and welfare and in closest proximity to the child's 76.30 family as possible. Placement may be with a child's relative, a 76.31 designated caregiver under chapter 257A, or in a shelter care 76.32 facility. The placing officer shall comply with this section 76.33 and shall document why a less restrictive setting will or will 76.34 not be in the best interests of the child for placement 76.35 purposes. [260.173, subd. 2] 76.36 Subd. 3. [PLACEMENT.] If the child had been taken into 77.1 custody and detained as one who is alleged to be delinquent or a 77.2 juvenile petty offender by reason of: 77.3 (a) Having committed an offense which would not constitute 77.4 a violation of a state law or local ordinance if the child were 77.5 an adult; or 77.6 (b) Having been previously adjudicated delinquent or a 77.7 juvenile petty offender, or conditionally released by the 77.8 juvenile court without adjudication, has violated probation, 77.9 parole, or other field supervision under which the child had 77.10 been placed as a result of behavior described in this 77.11 subdivision; the child may be placed only in a shelter care 77.12 facility. [260.173, subd. 3 (omitting child protection-related 77.13 text)] 77.14 Subd. 4. [DETENTION IN FACILITIES; TYPE; DURATION.] If a 77.15 child is taken into custody as one who: 77.16 (a) has allegedly committed an act which would constitute a 77.17 violation of a state law or a local ordinance if the child were 77.18 an adult; or 77.19 (b) is reasonably believed to have violated the terms of 77.20 probation, parole, or other field supervision under which the 77.21 child had been placed as a result of behavior described under 77.22 clause (a); 77.23 the child may be detained in a shelter care or secure juvenile 77.24 detention facility. If the child cannot be detained in another 77.25 type of detention facility, and if there is no secure juvenile 77.26 detention facility or existing acceptable detention alternative 77.27 available for juveniles within the county, a child described in 77.28 this subdivision may be detained up to 24 hours, excluding 77.29 Saturdays, Sundays, and holidays, or up to six hours in a 77.30 standard metropolitan statistical area, in a jail, lockup or 77.31 other facility used for the confinement of adults who have been 77.32 charged with or convicted of a crime, in quarters separate from 77.33 any adult confined in the facility which has been approved for 77.34 the detention of juveniles by the commissioner of corrections. 77.35 If continued detention in an adult jail is approved by the court 77.36 under section 260B.178, subdivision 2, and there is no juvenile 78.1 secure detention facility available for use by the county having 78.2 jurisdiction over the child, such child may be detained for no 78.3 more than eight days from and including the date of the original 78.4 detention order in separate quarters in any jail or other adult 78.5 facility for the confinement of persons charged with or 78.6 convicted of crime which has been approved by the commissioner 78.7 of corrections to be suitable for the detention of juveniles for 78.8 up to eight days. Except for children who have been referred 78.9 for prosecution pursuant to section 260B.125, and as hereinafter 78.10 provided, any child requiring secure detention for more than 78.11 eight days from and including the date of the original detention 78.12 order must be removed to an approved secure juvenile detention 78.13 facility. A child 16 years of age or older against whom a 78.14 motion to refer for prosecution is pending before the court may 78.15 be detained for more than eight days in separate quarters in a 78.16 jail or other facility which has been approved by the 78.17 commissioner of corrections for the detention of juveniles for 78.18 up to eight days after a hearing and subject to the periodic 78.19 reviews provided in section 260B.178. No child under the age of 78.20 14 may be detained in a jail, lockup or other facility used for 78.21 the confinement of adults who have been charged with or 78.22 convicted of a crime. [260.173, subd. 4] 78.23 Subd. 5. [STATE CORRECTIONAL INSTITUTION.] In order for a 78.24 child to be detained at a state correctional institution for 78.25 juveniles, the commissioner of corrections must first consent 78.26 thereto, and the county must agree to pay the costs of the 78.27 child's detention. 78.28 Where the commissioner directs that a child be detained in 78.29 an approved juvenile facility with the approval of the 78.30 administrative authority of the facility as provided in section 78.31 260B.176, subdivision 2, or subdivision 4 of this section, the 78.32 costs of such detention shall be a charge upon the county for 78.33 which the child is being detained. [260.173, subd. 5] 78.34 Sec. 28. [260B.185] [EXTENSION OF DETENTION PERIOD.] 78.35 Subdivision 1. [DETENTION.] Before July 1, 1999, and 78.36 pursuant to a request from an eight-day temporary holdover 79.1 facility, as defined in section 241.0221, the commissioner of 79.2 corrections, or the commissioner's designee, may grant a 79.3 one-time extension per child to the eight-day limit on detention 79.4 under this chapter. This extension may allow such a facility to 79.5 detain a child for up to 30 days including weekends and 79.6 holidays. Upon the expiration of the extension, the child may 79.7 not be transferred to another eight-day temporary holdover 79.8 facility. The commissioner shall develop criteria for granting 79.9 extensions under this section. These criteria must ensure that 79.10 the child be transferred to a long-term juvenile detention 79.11 facility as soon as such a transfer is possible. Nothing in 79.12 this section changes the requirements in section 260B.178 79.13 regarding the necessity of detention hearings to determine 79.14 whether continued detention of the child is proper. [260.1735, 79.15 subd. 1] 79.16 Subd. 2. [CONTINUED DETENTION.] (a) A delay not to exceed 79.17 48 hours may be made if the facility in which the child is 79.18 detained is located where conditions of distance to be traveled 79.19 or other ground transportation do not allow for court 79.20 appearances within 24 hours. 79.21 (b) A delay may be made if the facility is located where 79.22 conditions of safety exist. Time for an appearance may be 79.23 delayed until 24 hours after the time that conditions allow for 79.24 reasonably safe travel. "Conditions of safety" include adverse 79.25 life-threatening weather conditions that do not allow for 79.26 reasonably safe travel. 79.27 The continued detention of a child under paragraph (a) or 79.28 (b) must be reported to the commissioner of corrections. 79.29 [260.1735, subd. 2] 79.30 Sec. 29. [260B.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 79.31 FOR MEDICAL CARE.] 79.32 Subdivision 1. [MEDICAL AID.] If a child is taken into 79.33 custody as provided in section 260B.175 and detained in a local 79.34 juvenile secure detention facility or shelter care facility, or 79.35 if a child is sentenced by the juvenile court to a local 79.36 correctional facility as defined in section 241.021, subdivision 80.1 1, paragraph (5), the child's county of residence shall pay the 80.2 costs of medical services provided to the child during the 80.3 period of time the child is residing in the facility. The 80.4 county of residence is entitled to reimbursement from the child 80.5 or the child's family for payment of medical bills to the extent 80.6 that the child or the child's family has the ability to pay for 80.7 the medical services. If there is a disagreement between the 80.8 county and the child or the child's family concerning the 80.9 ability to pay or whether the medical services were necessary, 80.10 the court with jurisdiction over the child shall determine the 80.11 extent, if any, of the child's or the family's ability to pay 80.12 for the medical services or whether the services are necessary. 80.13 If the child is covered by health or medical insurance or a 80.14 health plan when medical services are provided, the county 80.15 paying the costs of medical services has a right of subrogation 80.16 to be reimbursed by the insurance carrier or health plan for all 80.17 amounts spent by it for medical services to the child that are 80.18 covered by the insurance policy or health plan, in accordance 80.19 with the benefits, limitations, exclusions, provider 80.20 restrictions, and other provisions of the policy or health 80.21 plan. The county may maintain an action to enforce this 80.22 subrogation right. The county does not have a right of 80.23 subrogation against the medical assistance program, the 80.24 MinnesotaCare program, or the general assistance medical care 80.25 program. [260.174, subd. 1] 80.26 Subd. 2. [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 80.27 its intake procedure for children, the official having custody 80.28 over the child shall ask the child or the child's family, as 80.29 appropriate, whether the child has health coverage. If the 80.30 child has coverage under a policy of accident and health 80.31 insurance regulated under chapter 62A, a health maintenance 80.32 contract regulated under chapter 62D, a group subscriber 80.33 contract regulated under chapter 62C, a health benefit 80.34 certificate regulated under chapter 64B, a self-insured plan, or 80.35 other health coverage, the child or the child's family, as 80.36 appropriate, shall provide to the official having custody over 81.1 the child the name of the carrier or administrator and other 81.2 information and authorizations necessary for the official having 81.3 custody over the child to obtain specific information about 81.4 coverage. [260.174, subd. 2] 81.5 Subd. 3. [OBTAINING HEALTH CARE IN COMPLIANCE WITH 81.6 COVERAGE.] A county board may authorize the officials having 81.7 custody over children to fulfill the county board's obligation 81.8 to provide the medical aid required by subdivision 1 in 81.9 accordance with the terms of the health plan covering the child, 81.10 where possible, subject to any rules and exceptions provided by 81.11 the county board. The official having custody over a child has 81.12 no obligation to the child or to the child's family to obtain 81.13 the child's health care in accordance with the child's health 81.14 coverage. [260.174, subd. 3] 81.15 Subd. 4. [SCOPE.] Subdivisions 1, 2, and 3 apply to any 81.16 medical aid, including dental care, provided to children held in 81.17 custody by the county as described in subdivision 1. [260.174, 81.18 subd. 4] 81.19 Sec. 30. [260B.193] [DISPOSITIONS; GENERAL PROVISIONS.] 81.20 Subdivision 1. [DISMISSAL OF PETITION.] Whenever the court 81.21 finds that the minor is not within the jurisdiction of the court 81.22 or that the facts alleged in the petition have not been proved, 81.23 it shall dismiss the petition. [260.181, subd. 1] 81.24 Subd. 2. [CONSIDERATION OF REPORTS.] Before making a 81.25 disposition in a case, or appointing a guardian for a child, the 81.26 court may consider any report or recommendation made by the 81.27 local social services agency, probation officer, licensed 81.28 child-placing agency, foster parent, guardian ad litem, tribal 81.29 representative, or other authorized advocate for the child or 81.30 child's family, a school district concerning the effect on 81.31 student transportation of placing a child in a school district 81.32 in which the child is not a resident, or any other information 81.33 deemed material by the court. [260.181, subd. 2 (omitting child 81.34 protection-related text)] 81.35 Subd. 3. [REPORTS; JUVENILES PLACED OUT OF 81.36 STATE.] Whenever a child is placed in a residential program 82.1 located outside of this state pursuant to a disposition order 82.2 issued under section 260B.198, the juvenile court administrator 82.3 shall report the following information to the state court 82.4 administrator: 82.5 (1) the fact that the placement is out of state; 82.6 (2) the type of placement; and 82.7 (3) the reason for the placement. [260.181, subd. 3a] 82.8 Subd. 4. [TERMINATION OF JURISDICTION.] (a) The court may 82.9 dismiss the petition or otherwise terminate its jurisdiction on 82.10 its own motion or on the motion or petition of any interested 82.11 party at any time. Unless terminated by the court, and except 82.12 as otherwise provided in this subdivision, the jurisdiction of 82.13 the court shall continue until the individual becomes 19 years 82.14 of age if the court determines it is in the best interest of the 82.15 individual to do so. 82.16 (b) The jurisdiction of the court over an extended 82.17 jurisdiction juvenile, with respect to the offense for which the 82.18 individual was convicted as an extended jurisdiction juvenile, 82.19 extends until the offender becomes 21 years of age, unless the 82.20 court terminates jurisdiction before that date. 82.21 (c) The juvenile court has jurisdiction to designate the 82.22 proceeding an extended jurisdiction juvenile prosecution, to 82.23 hold a certification hearing, or to conduct a trial, receive a 82.24 plea, or impose a disposition under section 260B.130, 82.25 subdivision 4, if: 82.26 (1) an adult is alleged to have committed an offense before 82.27 the adult's 18th birthday; and 82.28 (2) a petition is filed under section 260B.141 before 82.29 expiration of the time for filing under section 628.26 and 82.30 before the adult's 21st birthday. 82.31 The juvenile court lacks jurisdiction under this paragraph if 82.32 the adult demonstrates that the delay was purposefully caused by 82.33 the state in order to gain an unfair advantage. 82.34 (d) The district court has original and exclusive 82.35 jurisdiction over a proceeding: 82.36 (1) that involves an adult who is alleged to have committed 83.1 an offense before the adult's 18th birthday; and 83.2 (2) in which a criminal complaint is filed before 83.3 expiration of the time for filing under section 628.26 and after 83.4 the adult's 21st birthday. 83.5 The juvenile court retains jurisdiction if the adult 83.6 demonstrates that the delay in filing a criminal complaint was 83.7 purposefully caused by the state in order to gain an unfair 83.8 advantage. 83.9 (e) The juvenile court has jurisdiction over a person who 83.10 has been adjudicated delinquent until the person's 21st birthday 83.11 if the person fails to appear at any juvenile court hearing or 83.12 fails to appear at or absconds from any placement under a 83.13 juvenile court order. The juvenile court has jurisdiction over 83.14 a convicted extended jurisdiction juvenile who fails to appear 83.15 at any juvenile court hearing or fails to appear at or absconds 83.16 from any placement under section 260B.130, subdivision 4. The 83.17 juvenile court lacks jurisdiction under this paragraph if the 83.18 adult demonstrates that the delay was purposefully caused by the 83.19 state in order to gain an unfair advantage. [260.181, subd. 4] 83.20 Sec. 31. [260B.198] [DISPOSITIONS; DELINQUENT CHILD.] 83.21 Subdivision 1. [COURT ORDER, FINDINGS, REMEDIES, 83.22 TREATMENT.] If the court finds that the child is delinquent, it 83.23 shall enter an order making any of the following dispositions of 83.24 the case which are deemed necessary to the rehabilitation of the 83.25 child: 83.26 (a) Counsel the child or the parents, guardian, or 83.27 custodian; 83.28 (b) Place the child under the supervision of a probation 83.29 officer or other suitable person in the child's own home under 83.30 conditions prescribed by the court including reasonable rules 83.31 for the child's conduct and the conduct of the child's parents, 83.32 guardian, or custodian, designed for the physical, mental, and 83.33 moral well-being and behavior of the child, or with the consent 83.34 of the commissioner of corrections, in a group foster care 83.35 facility which is under the management and supervision of said 83.36 commissioner; 84.1 (c) Subject to the supervision of the court, transfer legal 84.2 custody of the child to one of the following: 84.3 (1) a child-placing agency; or 84.4 (2) the local social services agency; or 84.5 (3) a reputable individual of good moral character. No 84.6 person may receive custody of two or more unrelated children 84.7 unless licensed as a residential facility pursuant to sections 84.8 245A.01 to 245A.16; or 84.9 (4) a county home school, if the county maintains a home 84.10 school or enters into an agreement with a county home school; or 84.11 (5) a county probation officer for placement in a group 84.12 foster home established under the direction of the juvenile 84.13 court and licensed pursuant to section 241.021; 84.14 (d) Transfer legal custody by commitment to the 84.15 commissioner of corrections; 84.16 (e) If the child is found to have violated a state or local 84.17 law or ordinance which has resulted in damage to the person or 84.18 property of another, the court may order the child to make 84.19 reasonable restitution for such damage; 84.20 (f) Require the child to pay a fine of up to $700; the 84.21 court shall order payment of the fine in accordance with a time 84.22 payment schedule which shall not impose an undue financial 84.23 hardship on the child; 84.24 (g) If the child is in need of special treatment and care 84.25 for reasons of physical or mental health, the court may order 84.26 the child's parent, guardian, or custodian to provide it. If 84.27 the parent, guardian, or custodian fails to provide this 84.28 treatment or care, the court may order it provided; 84.29 (h) If the court believes that it is in the best interests 84.30 of the child and of public safety that the driver's license of 84.31 the child be canceled until the child's 18th birthday, the court 84.32 may recommend to the commissioner of public safety the 84.33 cancellation of the child's license for any period up to the 84.34 child's 18th birthday, and the commissioner is hereby authorized 84.35 to cancel such license without a hearing. At any time before 84.36 the termination of the period of cancellation, the court may, 85.1 for good cause, recommend to the commissioner of public safety 85.2 that the child be authorized to apply for a new license, and the 85.3 commissioner may so authorize; 85.4 (i) If the court believes that it is in the best interest 85.5 of the child and of public safety that the child is enrolled in 85.6 school, the court may require the child to remain enrolled in a 85.7 public school until the child reaches the age of 18 or completes 85.8 all requirements needed to graduate from high school. Any child 85.9 enrolled in a public school under this paragraph is subject to 85.10 the provisions of the Pupil Fair Dismissal Act in chapter 127. 85.11 (j) If the child is petitioned and found by the court to 85.12 have committed a controlled substance offense under sections 85.13 152.021 to 152.027, the court shall determine whether the child 85.14 unlawfully possessed or sold the controlled substance while 85.15 driving a motor vehicle. If so, the court shall notify the 85.16 commissioner of public safety of its determination and order the 85.17 commissioner to revoke the child's driver's license for the 85.18 applicable time period specified in section 152.0271. If the 85.19 child does not have a driver's license or if the child's 85.20 driver's license is suspended or revoked at the time of the 85.21 delinquency finding, the commissioner shall, upon the child's 85.22 application for driver's license issuance or reinstatement, 85.23 delay the issuance or reinstatement of the child's driver's 85.24 license for the applicable time period specified in section 85.25 152.0271. Upon receipt of the court's order, the commissioner 85.26 is authorized to take the licensing action without a hearing. 85.27 (k) If the child is petitioned and found by the court to 85.28 have committed or attempted to commit an act in violation of 85.29 section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 85.30 subdivision 1; 609.79; or 617.23, or another offense arising out 85.31 of a delinquency petition based on one or more of those 85.32 sections, the court shall order an independent professional 85.33 assessment of the child's need for sex offender treatment. An 85.34 assessor providing an assessment for the court must be 85.35 experienced in the evaluation and treatment of juvenile sex 85.36 offenders. If the assessment indicates that the child is in need 86.1 of and amenable to sex offender treatment, the court shall 86.2 include in its disposition order a requirement that the child 86.3 undergo treatment. Notwithstanding section 13.42, 13.85, 86.4 144.335, 260B.171, or 626.556, the assessor has access to the 86.5 following private or confidential data on the child if access is 86.6 relevant and necessary for the assessment: 86.7 (1) medical data under section 13.42; 86.8 (2) corrections and detention data under section 13.85; 86.9 (3) health records under section 144.335; 86.10 (4) juvenile court records under section 260B.171; and 86.11 (5) local welfare agency records under section 626.556. 86.12 Data disclosed under this paragraph may be used only for 86.13 purposes of the assessment and may not be further disclosed to 86.14 any other person, except as authorized by law. 86.15 (l) If the child is found delinquent due to the commission 86.16 of an offense that would be a felony if committed by an adult, 86.17 the court shall make a specific finding on the record regarding 86.18 the juvenile's mental health and chemical dependency treatment 86.19 needs. 86.20 (m) Any order for a disposition authorized under this 86.21 section shall contain written findings of fact to support the 86.22 disposition ordered, and shall also set forth in writing the 86.23 following information: 86.24 (1) why the best interests of the child are served by the 86.25 disposition ordered; and 86.26 (2) what alternative dispositions were considered by the 86.27 court and why such dispositions were not appropriate in the 86.28 instant case. [260.185, subd. 1] 86.29 Subd. 2. [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If 86.30 the child is petitioned and found delinquent by the court, and 86.31 the court also finds that the child was in possession of a 86.32 firearm at the time of the offense, in addition to any other 86.33 disposition the court shall order that the firearm be 86.34 immediately seized and shall order that the child be required to 86.35 serve at least 100 hours of community work service unless the 86.36 child is placed in a residential treatment program or a juvenile 87.1 correctional facility. If the child is petitioned and found 87.2 delinquent by the court, and the court finds that the child was 87.3 in possession of a dangerous weapon in a school zone, as defined 87.4 in section 152.01, subdivision 14a, clauses (1) and (3), at the 87.5 time of the offense, the court also shall order that the child's 87.6 driver's license be canceled or driving privileges denied until 87.7 the child's 18th birthday. The court shall send a copy of its 87.8 order to the commissioner of public safety and, upon receipt of 87.9 the order, the commissioner is authorized to cancel the child's 87.10 driver's license or deny the child's driving privileges without 87.11 a hearing. [260.185, subd. 1a] 87.12 Subd. 3. [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 87.13 TRANSFERS.] An adjudicated juvenile may not be placed in a 87.14 licensed juvenile secure treatment facility unless the placement 87.15 is approved by the juvenile court. However, the program 87.16 administrator may determine the juvenile's length of stay in the 87.17 secure portion of the facility. The administrator shall notify 87.18 the court of any movement of juveniles from secure portions of 87.19 facilities. However, the court may, in its discretion, order 87.20 that the juveniles be moved back to secure portions of the 87.21 facility. [260.185, subd. 1b] 87.22 Subd. 4. [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 87.23 REQUIREMENTS.] Before a postadjudication placement of a juvenile 87.24 in a secure treatment facility either inside or outside the 87.25 state, the court may: 87.26 (1) consider whether the juvenile has been adjudicated for 87.27 a felony offense against the person or that in addition to the 87.28 current adjudication, the juvenile has failed to appear in court 87.29 on one or more occasions or has run away from home on one or 87.30 more occasions; 87.31 (2) conduct a subjective assessment to determine whether 87.32 the child is a danger to self or others or would abscond from a 87.33 nonsecure facility or if the child's health or welfare would be 87.34 endangered if not placed in a secure facility; 87.35 (3) conduct a culturally appropriate psychological 87.36 evaluation which includes a functional assessment of anger and 88.1 abuse issues; and 88.2 (4) conduct an educational and physical assessment of the 88.3 juvenile. 88.4 In determining whether to order secure placement, the court 88.5 shall consider the necessity of: 88.6 (i) protecting the public; 88.7 (ii) protecting program residents and staff; and 88.8 (iii) preventing juveniles with histories of absconding 88.9 from leaving treatment programs. [260.185, subd. 1c] 88.10 Subd. 5. [EXPUNGEMENT.] Except when legal custody is 88.11 transferred under the provisions of subdivision 1, clause (d), 88.12 the court may expunge the adjudication of delinquency at any 88.13 time that it deems advisable. [260.185, subd. 2] 88.14 Subd. 6. [CONTINUANCE.] When it is in the best interests 88.15 of the child to do so and when the child has admitted the 88.16 allegations contained in the petition before the judge or 88.17 referee, or when a hearing has been held as provided for in 88.18 section 260B.163 and the allegations contained in the petition 88.19 have been duly proven but, in either case, before a finding of 88.20 delinquency has been entered, the court may continue the case 88.21 for a period not to exceed 90 days on any one order. Such a 88.22 continuance may be extended for one additional successive period 88.23 not to exceed 90 days and only after the court has reviewed the 88.24 case and entered its order for an additional continuance without 88.25 a finding of delinquency. During this continuance the court may 88.26 enter an order in accordance with the provisions of subdivision 88.27 1, clause (a) or (b) or enter an order to hold the child in 88.28 detention for a period not to exceed 15 days on any one order 88.29 for the purpose of completing any consideration, or any 88.30 investigation or examination ordered in accordance with the 88.31 provisions of section 260B.157. This subdivision does not apply 88.32 to an extended jurisdiction juvenile proceeding. [260.185, 88.33 subd. 3] 88.34 Subd. 7. [ENFORCEMENT OF RESTITUTION ORDERS.] If the court 88.35 orders payment of restitution and the child fails to pay the 88.36 restitution in accordance with the payment schedule or structure 89.1 established by the court or the probation officer, the child's 89.2 probation officer may, on the officer's own motion or at the 89.3 request of the victim, file a petition for violation of 89.4 probation or ask the court to hold a hearing to determine 89.5 whether the conditions of probation should be changed. The 89.6 child's probation officer shall ask for the hearing if the 89.7 restitution order has not been paid prior to 60 days before the 89.8 term of probation expires. The court shall schedule and hold 89.9 this hearing before the child's term of probation expires. 89.10 [260.185, subd. 3a] 89.11 Subd. 8. [ORDERS FOR SUPERVISION.] All orders for 89.12 supervision under subdivision 1, clause (b) shall be for an 89.13 indeterminate period unless otherwise specified by the court, 89.14 and shall be reviewed by the court at least annually. All 89.15 orders under subdivision 1, clause (c) shall be for a specified 89.16 length of time set by the court. However, before an order has 89.17 expired and upon the court's own motion or that of any 89.18 interested party, the court has continuing jurisdiction to renew 89.19 the order or, after notice to the parties and a hearing, make 89.20 some other disposition of the case, until the individual becomes 89.21 19 years of age. Any person to whom legal custody is 89.22 transferred shall report to the court in writing at such periods 89.23 as the court may direct. [260.185, subd. 4] 89.24 Subd. 9. [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 89.25 court transfers legal custody of a child to any licensed 89.26 child-placing agency, county home school, local social services 89.27 agency, or the commissioner of corrections, it shall transmit 89.28 with the order transferring legal custody a copy of its findings 89.29 and a summary of its information concerning the child. 89.30 [260.185, subd. 5] 89.31 Subd. 10. [OUT-OF-STATE PLACEMENTS.] (a) A court may not 89.32 place a preadjudicated delinquent, an adjudicated delinquent, or 89.33 a convicted extended jurisdiction juvenile in a residential or 89.34 detention facility outside Minnesota unless the commissioner of 89.35 corrections has certified that the facility: 89.36 (1) meets or exceeds the standards for Minnesota 90.1 residential treatment programs set forth in rules adopted by the 90.2 commissioner of human services or the standards for juvenile 90.3 residential facilities set forth in rules adopted by the 90.4 commissioner of corrections or the standards for juvenile 90.5 detention facilities set forth in rules adopted by the 90.6 commissioner of corrections, as provided under paragraph (b); 90.7 and 90.8 (2) provides education, health, dental, and other necessary 90.9 care equivalent to that which the child would receive if placed 90.10 in a Minnesota facility licensed by the commissioner of 90.11 corrections or commissioner of human services. 90.12 (b) The interagency licensing agreement between the 90.13 commissioners of corrections and human services shall be used to 90.14 determine which rule shall be used for certification purposes 90.15 under this subdivision. 90.16 (c) The commissioner of corrections may charge each 90.17 facility evaluated a reasonable amount. Money received is 90.18 annually appropriated to the commissioner of corrections to 90.19 defray the costs of the certification program. [260.185, subd. 90.20 6] 90.21 Subd. 11. [PLACEMENT IN JUVENILE FACILITY.] A person who 90.22 has reached the age of 20 may not be kept in a residential 90.23 facility licensed by the commissioner of corrections together 90.24 with persons under the age of 20. The commissioner may adopt 90.25 criteria for allowing exceptions to this prohibition. [260.185, 90.26 subd. 7] 90.27 Sec. 32. [260B.225] [JUVENILE TRAFFIC OFFENDER; 90.28 PROCEDURES; DISPOSITIONS.] 90.29 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 90.30 section, the following terms have the meanings given them. 90.31 (b) "Major traffic offense" includes any violation of a 90.32 state or local traffic law, ordinance, or regulation, or a 90.33 federal, state, or local water traffic law not included within 90.34 the provisions of clause (c). 90.35 (c) "Adult court traffic offense" means: 90.36 (1) a petty misdemeanor violation of a state or local 91.1 traffic law, ordinance, or regulation, or a petty misdemeanor 91.2 violation of a federal, state, or local water traffic law; or 91.3 (2) a violation of section 169.121, 169.129, or any other 91.4 misdemeanor- or gross misdemeanor-level traffic violation 91.5 committed as part of the same behavioral incident as a violation 91.6 of section 169.121 or 169.129. [260.193, subd. 1] 91.7 Subd. 2. [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who 91.8 commits a major traffic offense shall be adjudicated a "juvenile 91.9 highway traffic offender" or a "juvenile water traffic 91.10 offender," as the case may be, and shall not be adjudicated 91.11 delinquent, unless, as in the case of any other child alleged to 91.12 be delinquent, a petition is filed in the manner provided in 91.13 section 260B.141, summons issued, notice given, a hearing held, 91.14 and the court finds as a further fact that the child is also 91.15 delinquent within the meaning and purpose of the laws relating 91.16 to juvenile courts. [260.193, subd. 2] 91.17 Subd. 3. [ADULT TRAFFIC OFFENSE.] Except as provided in 91.18 subdivision 4, a child who commits an adult court traffic 91.19 offense and at the time of the offense was at least 16 years old 91.20 shall be subject to the laws and court procedures controlling 91.21 adult traffic violators and shall not be under the jurisdiction 91.22 of the juvenile court. When a child is alleged to have 91.23 committed an adult court traffic offense and is at least 16 91.24 years old at the time of the offense, the peace officer making 91.25 the charge shall follow the arrest procedures prescribed in 91.26 section 169.91 and shall make reasonable effort to notify the 91.27 child's parent or guardian of the nature of the charge. 91.28 [260.193, subd. 3] 91.29 Subd. 4. [ORIGINAL JURISDICTION; JUVENILE COURT.] The 91.30 juvenile court shall have original jurisdiction over: 91.31 (1) all juveniles age 15 and under alleged to have 91.32 committed any traffic offense; and 91.33 (2) 16- and 17-year-olds alleged to have committed any 91.34 major traffic offense, except that the adult court has original 91.35 jurisdiction over: 91.36 (i) petty traffic misdemeanors not a part of the same 92.1 behavioral incident of a misdemeanor being handled in juvenile 92.2 court; and 92.3 (ii) violations of sections 169.121 (drivers under the 92.4 influence of alcohol or controlled substance) and 169.129 92.5 (aggravated driving while intoxicated), and any other 92.6 misdemeanor or gross misdemeanor level traffic violations 92.7 committed as part of the same behavioral incident of a violation 92.8 of section 169.121 or 169.129. [260.193, subd. 4] 92.9 Subd. 5. [MAJOR TRAFFIC OFFENSE PROCEDURES.] When a child 92.10 is alleged to have committed a major traffic offense, the peace 92.11 officer making the charge shall file a signed copy of the notice 92.12 to appear, as provided in section 169.91, with the juvenile 92.13 court of the county in which the violation occurred, and the 92.14 notice to appear has the effect of a petition and gives the 92.15 juvenile court jurisdiction. Filing with the court a notice to 92.16 appear containing the name and address of the child allegedly 92.17 committing a major traffic offense and specifying the offense 92.18 charged, the time and place of the alleged violation shall have 92.19 the effect of a petition and give the juvenile court 92.20 jurisdiction. Any reputable person having knowledge of a child 92.21 who commits a major traffic offense may petition the juvenile 92.22 court in the manner provided in section 260B.141. Whenever a 92.23 notice to appear or petition is filed alleging that a child is a 92.24 juvenile highway traffic offender or a juvenile water traffic 92.25 offender, the court shall summon and notify the persons required 92.26 to be summoned or notified as provided in sections 260B.151 and 92.27 260B.152. However, it is not necessary to (1) notify more than 92.28 one parent, or (2) publish any notice, or (3) personally serve 92.29 outside the state. [260.193, subd. 5] 92.30 Subd. 6. [DISPOSITION.] Before making a disposition of any 92.31 child found to be a juvenile major traffic offender or to have 92.32 violated a misdemeanor- or gross misdemeanor-level traffic law, 92.33 the court shall obtain from the department of public safety 92.34 information of any previous traffic violation by this juvenile. 92.35 In the case of a juvenile water traffic offender, the court 92.36 shall obtain from the office where the information is now or 93.1 hereafter may be kept information of any previous water traffic 93.2 violation by the juvenile. [260.193, subd. 6] 93.3 Subd. 7. [TRANSFER OF CASES.] If after a hearing the court 93.4 finds that the welfare of a juvenile major traffic offender or a 93.5 juvenile water traffic offender or the public safety would be 93.6 better served under the laws controlling adult traffic 93.7 violators, the court may transfer the case to any court of 93.8 competent jurisdiction presided over by a salaried judge if 93.9 there is one in the county. The juvenile court transfers the 93.10 case by forwarding to the appropriate court the documents in the 93.11 court's file together with an order to transfer. The court to 93.12 which the case is transferred shall proceed with the case as if 93.13 the jurisdiction of the juvenile court had never attached. 93.14 [260.193, subd. 7] 93.15 Subd. 8. [CRIMINAL COURT DISPOSITIONS; ADULT COURT TRAFFIC 93.16 OFFENDERS.] (a) A juvenile who is charged with an adult court 93.17 traffic offense in district court shall be treated as an adult 93.18 before trial, except that the juvenile may be held in secure, 93.19 pretrial custody only in a secure juvenile detention facility. 93.20 (b) A juvenile who is convicted of an adult court traffic 93.21 offense in district court shall be treated as an adult for 93.22 sentencing purposes, except that the court may order the 93.23 juvenile placed out of the home only in a residential treatment 93.24 facility or in a juvenile correctional facility. 93.25 (c) The disposition of an adult court traffic offender 93.26 remains with the county in which the adjudication occurred. 93.27 [260.193, subd. 7a] 93.28 Subd. 9. [JUVENILE MAJOR HIGHWAY OR WATER TRAFFIC 93.29 OFFENDER.] If the juvenile court finds that the child is a 93.30 juvenile major highway or water traffic offender, it may make 93.31 any one or more of the following dispositions of the case: 93.32 (a) Reprimand the child and counsel with the child and the 93.33 parents; 93.34 (b) Continue the case for a reasonable period under such 93.35 conditions governing the child's use and operation of any motor 93.36 vehicles or boat as the court may set; 94.1 (c) Require the child to attend a driver improvement school 94.2 if one is available within the county; 94.3 (d) Recommend to the department of public safety suspension 94.4 of the child's driver's license as provided in section 171.16; 94.5 (e) If the child is found to have committed two moving 94.6 highway traffic violations or to have contributed to a highway 94.7 accident involving death, injury, or physical damage in excess 94.8 of $100, the court may recommend to the commissioner of public 94.9 safety or to the licensing authority of another state the 94.10 cancellation of the child's license until the child reaches the 94.11 age of 18 years, and the commissioner of public safety is hereby 94.12 authorized to cancel the license without hearing. At any time 94.13 before the termination of the period of cancellation, the court 94.14 may, for good cause, recommend to the commissioner of public 94.15 safety, or to the licensing authority of another state, that the 94.16 child's license be returned, and the commissioner of public 94.17 safety is authorized to return the license; 94.18 (f) Place the child under the supervision of a probation 94.19 officer in the child's own home under conditions prescribed by 94.20 the court including reasonable rules relating to operation and 94.21 use of motor vehicles or boats directed to the correction of the 94.22 child's driving habits; 94.23 (g) If the child is found to have violated a state or local 94.24 law or ordinance and the violation resulted in damage to the 94.25 person or property of another, the court may order the child to 94.26 make reasonable restitution for the damage; 94.27 (h) Require the child to pay a fine of up to $700. The 94.28 court shall order payment of the fine in accordance with a time 94.29 payment schedule which shall not impose an undue financial 94.30 hardship on the child; 94.31 (i) If the court finds that the child committed an offense 94.32 described in section 169.121, the court shall order that a 94.33 chemical use assessment be conducted and a report submitted to 94.34 the court in the manner prescribed in section 169.126. If the 94.35 assessment concludes that the child meets the level of care 94.36 criteria for placement under rules adopted under section 95.1 254A.03, subdivision 3, the report must recommend a level of 95.2 care for the child. The court may require that level of care in 95.3 its disposition order. In addition, the court may require any 95.4 child ordered to undergo an assessment to pay a chemical 95.5 dependency assessment charge of $75. The court shall forward 95.6 the assessment charge to the commissioner of finance to be 95.7 credited to the general fund. The state shall reimburse 95.8 counties for the total cost of the assessment in the manner 95.9 provided in section 169.126, subdivision 4c. [260.193, subd. 8] 95.10 Subd. 10. [RECORDS.] The juvenile court records of 95.11 juvenile highway traffic offenders and juvenile water traffic 95.12 offenders shall be kept separate from delinquency matters. 95.13 [260.193, subd. 10] 95.14 Sec. 33. [260B.235] [PETTY OFFENDERS; PROCEDURES; 95.15 DISPOSITIONS.] 95.16 Subdivision 1. [ADJUDICATION.] A petty offender who has 95.17 committed a juvenile alcohol or controlled substance offense 95.18 shall be adjudicated a "petty offender," and shall not be 95.19 adjudicated delinquent, unless, as in the case of any other 95.20 child alleged to be delinquent, a petition is filed in the 95.21 manner provided in section 260B.141, summons issued, notice 95.22 given, a hearing held, and the court finds as a further fact 95.23 that the child is also delinquent within the meaning and purpose 95.24 of the laws related to juvenile courts. [260.195, subd. 1] 95.25 Subd. 2. [PROCEDURE.] When a peace officer has probable 95.26 cause to believe that a child is a petty offender, the officer 95.27 may issue a notice to the child to appear in juvenile court in 95.28 the county in which the alleged violation occurred. The officer 95.29 shall file a copy of the notice to appear with the juvenile 95.30 court of the county in which the alleged violation occurred. 95.31 Filing with the court a notice to appear containing the name and 95.32 address of the child who is alleged to be a petty offender, 95.33 specifying the offense charged, and the time and place of the 95.34 alleged violation has the effect of a petition giving the 95.35 juvenile court jurisdiction. Any reputable person having 95.36 knowledge that a child is a petty offender may petition the 96.1 juvenile court in the manner provided in section 260B.141. 96.2 Whenever a notice to appear or petition is filed alleging that a 96.3 child is a petty offender, the court shall summon and notify the 96.4 person or persons having custody or control of the child of the 96.5 nature of the offense charged and the time and place of 96.6 hearing. This summons and notice shall be served in the time 96.7 and manner provided in section 260B.151, subdivision 1. If a 96.8 child fails to appear in response to the notice provided by this 96.9 subdivision, the court may issue a summons notifying the child 96.10 of the nature of the offense alleged and the time and place set 96.11 for the hearing. If the peace officer finds it necessary to 96.12 take the child into custody, sections 260B.175 and 260B.176 96.13 shall apply. [260.195, subd. 2] 96.14 Subd. 3. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 96.15 as otherwise provided in section 260B.163, subdivision 4, a 96.16 child alleged to be a juvenile petty offender may be represented 96.17 by counsel, but does not have a right to appointment of a public 96.18 defender or other counsel at public expense. [260.195, subd. 96.19 2a] 96.20 Subd. 4. [DISPOSITIONS.] If the juvenile court finds that 96.21 a child is a petty offender, the court may: 96.22 (a) require the child to pay a fine of up to $100; 96.23 (b) require the child to participate in a community service 96.24 project; 96.25 (c) require the child to participate in a drug awareness 96.26 program; 96.27 (d) place the child on probation for up to six months; 96.28 (e) order the child to undergo a chemical dependency 96.29 evaluation and if warranted by this evaluation, order 96.30 participation by the child in an outpatient chemical dependency 96.31 treatment program; 96.32 (f) order the child to make restitution to the victim; or 96.33 (g) perform any other activities or participate in any 96.34 other outpatient treatment programs deemed appropriate by the 96.35 court. 96.36 In all cases where the juvenile court finds that a child 97.1 has purchased or attempted to purchase an alcoholic beverage in 97.2 violation of section 340A.503, if the child has a driver's 97.3 license or permit to drive, and if the child used a driver's 97.4 license, permit or Minnesota identification card to purchase or 97.5 attempt to purchase the alcoholic beverage, the court shall 97.6 forward its finding in the case and the child's driver's license 97.7 or permit to the commissioner of public safety. Upon receipt, 97.8 the commissioner shall suspend the child's license or permit for 97.9 a period of 90 days. 97.10 In all cases where the juvenile court finds that a child 97.11 has purchased or attempted to purchase tobacco in violation of 97.12 section 609.685, subdivision 3, if the child has a driver's 97.13 license or permit to drive, and if the child used a driver's 97.14 license, permit, or Minnesota identification card to purchase or 97.15 attempt to purchase tobacco, the court shall forward its finding 97.16 in the case and the child's driver's license or permit to the 97.17 commissioner of public safety. Upon receipt, the commissioner 97.18 shall suspend the child's license or permit for a period of 90 97.19 days. 97.20 None of the dispositional alternatives described in clauses 97.21 (a) to (f) shall be imposed by the court in a manner which would 97.22 cause an undue hardship upon the child. [260.195, subd. 3] 97.23 Subd. 5. [ENHANCED DISPOSITIONS.] If the juvenile court 97.24 finds that a child has committed a second or subsequent juvenile 97.25 alcohol or controlled substance offense, the court may impose 97.26 any of the dispositional alternatives described in paragraphs 97.27 (a) to (c). If the juvenile court finds that a child has 97.28 committed a second or subsequent juvenile tobacco offense, the 97.29 court may impose any of the dispositional alternatives described 97.30 in paragraphs (a) to (c). 97.31 (a) The court may impose any of the dispositional 97.32 alternatives described in subdivision 3, clauses (a) to (f). 97.33 (b) If the adjudicated petty offender has a driver's 97.34 license or permit, the court may forward the license or permit 97.35 to the commissioner of public safety. The commissioner shall 97.36 revoke the petty offender's driver's license or permit until the 98.1 offender reaches the age of 18 years or for a period of one 98.2 year, whichever is longer. 98.3 (c) If the adjudicated petty offender has a driver's 98.4 license or permit, the court may suspend the driver's license or 98.5 permit for a period of up to 90 days, but may allow the offender 98.6 driving privileges as necessary to travel to and from work. 98.7 (d) If the adjudicated petty offender does not have a 98.8 driver's license or permit, the court may prepare an order of 98.9 denial of driving privileges. The order must provide that the 98.10 petty offender will not be granted driving privileges until the 98.11 offender reaches the age of 18 years or for a period of one 98.12 year, whichever is longer. The court shall forward the order to 98.13 the commissioner of public safety. The commissioner shall deny 98.14 the offender's eligibility for a driver's license under section 98.15 171.04, for the period stated in the court order. [260.195, 98.16 subd. 3a] 98.17 Subd. 6. [ALTERNATIVE DISPOSITION.] In addition to 98.18 dispositional alternatives authorized by subdivision 3, in the 98.19 case of a third or subsequent finding by the court pursuant to 98.20 an admission in court or after trial that a child has committed 98.21 a juvenile alcohol or controlled substance offense, the juvenile 98.22 court shall order a chemical dependency evaluation of the child 98.23 and if warranted by the evaluation, the court may order 98.24 participation by the child in an inpatient or outpatient 98.25 chemical dependency treatment program, or any other treatment 98.26 deemed appropriate by the court. [260.195, subd. 4] 98.27 Subd. 7. [FINDINGS REQUIRED.] Any order for disposition 98.28 authorized by this section shall contain written findings of 98.29 fact to support the disposition ordered, and shall also set 98.30 forth in writing the following information: 98.31 (a) Why the best interests of the child are served by the 98.32 disposition ordered; and 98.33 (b) What alternative dispositions were considered by the 98.34 court and why they were not appropriate in the instant case. 98.35 [260.195, subd. 5] 98.36 Subd. 8. [REPORT.] The juvenile court shall report to the 99.1 office of state court administrator each disposition made under 99.2 this section and section 260B.198 where placement is made 99.3 outside of this state's jurisdictional boundaries. Each report 99.4 shall contain information as to date of placement, length of 99.5 anticipated placement, program costs, reasons for out of state 99.6 placement, and any other information as the office requires to 99.7 determine the number of out of state placements, the reasons for 99.8 these placements, and the costs involved. The report shall not 99.9 contain the name of the child. Any information contained in the 99.10 reports relating to factors identifying a particular child is 99.11 confidential and may be disclosed only by order of the juvenile 99.12 court. Any person violating this subdivision as to release of 99.13 this confidential information is guilty of a misdemeanor. 99.14 [260.195, subd. 6] 99.15 Subd. 9. [EXPUNGEMENT.] The court may expunge the 99.16 adjudication of a child as a petty offender at any time it deems 99.17 advisable. [260.195, subd. 7] 99.18 Sec. 34. [260B.245] [EFFECT OF JUVENILE COURT 99.19 PROCEEDINGS.] 99.20 Subdivision 1. [EFFECT.] (a) No adjudication upon the 99.21 status of any child in the jurisdiction of the juvenile court 99.22 shall operate to impose any of the civil disabilities imposed by 99.23 conviction, nor shall any child be deemed a criminal by reason 99.24 of this adjudication, nor shall this adjudication be deemed a 99.25 conviction of crime, except as otherwise provided in this 99.26 section or section 260B.255. An extended jurisdiction juvenile 99.27 conviction shall be treated in the same manner as an adult 99.28 felony criminal conviction for purposes of the sentencing 99.29 guidelines. The disposition of the child or any evidence given 99.30 by the child in the juvenile court shall not be admissible as 99.31 evidence against the child in any case or proceeding in any 99.32 other court, except that an adjudication may later be used to 99.33 determine a proper sentence, nor shall the disposition or 99.34 evidence disqualify the child in any future civil service 99.35 examination, appointment, or application. 99.36 (b) A person who was adjudicated delinquent for, or 100.1 convicted as an extended jurisdiction juvenile of, a crime of 100.2 violence as defined in section 624.712, subdivision 5, is not 100.3 entitled to ship, transport, possess, or receive a firearm until 100.4 ten years have elapsed since the person was discharged and 100.5 during that time the person was not convicted of any other crime 100.6 of violence. A person who has received a relief of disability 100.7 under United States Code, title 18, section 925, is not subject 100.8 to the restrictions of this subdivision. [260.211, subd. 1] 100.9 Subd. 2. [CONSTRUCTION.] Nothing contained in this section 100.10 shall be construed to relate to subsequent proceedings in 100.11 juvenile court, nor shall preclude the juvenile court, under 100.12 circumstances other than those specifically prohibited in 100.13 subdivision 1, from disclosing information to qualified persons 100.14 if the court considers such disclosure to be in the best 100.15 interests of the child or of the administration of justice. 100.16 [260.211, subd. 2] 100.17 Sec. 35. [260B.255] [JUVENILE COURT DISPOSITION BARS 100.18 CRIMINAL PROCEEDING.] 100.19 Subdivision 1. [CERTAIN VIOLATIONS NOT CRIMES.] A 100.20 violation of a state or local law or ordinance by a child before 100.21 becoming 18 years of age is not a crime unless the juvenile 100.22 court: 100.23 (1) certifies the matter in accordance with the provisions 100.24 of section 260.125; 100.25 (2) transfers the matter to a court in accordance with the 100.26 provisions of section 260B.225; or 100.27 (3) convicts the child as an extended jurisdiction juvenile 100.28 and subsequently executes the adult sentence under section 100.29 260B.130, subdivision 5. [260.215, subd. 1] 100.30 Subd. 2. [PENALTY.] Except for matters referred to the 100.31 prosecuting authority under the provisions of this section or to 100.32 a court in accordance with the provisions of section 260B.225, 100.33 any peace officer knowingly bringing charges against a child in 100.34 a court other than a juvenile court for violating a state or 100.35 local law or ordinance is guilty of a misdemeanor. This 100.36 subdivision does not apply to complaints brought for the 101.1 purposes of extradition. [260.215, subd. 2] 101.2 Sec. 36. [260B.331] [COSTS OF CARE.] 101.3 Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a) (1) 101.4 Whenever legal custody of a child is transferred by the court to 101.5 a local social services agency, or 101.6 (2) whenever legal custody is transferred to a person other 101.7 than the local social services agency, but under the supervision 101.8 of the local social services agency, 101.9 (3) whenever a child is given physical or mental 101.10 examinations or treatment under order of the court, and no 101.11 provision is otherwise made by law for payment for the care, 101.12 examination, or treatment of the child, these costs are a charge 101.13 upon the welfare funds of the county in which proceedings are 101.14 held upon certification of the judge of juvenile court. 101.15 (b) The court shall order, and the local social services 101.16 agency shall require, the parents or custodian of a child, while 101.17 the child is under the age of 18, to use the total income and 101.18 resources attributable to the child for the period of care, 101.19 examination, or treatment, except for clothing and personal 101.20 needs allowance as provided in section 256B.35, to reimburse the 101.21 county for the cost of care, examination, or treatment. Income 101.22 and resources attributable to the child include, but are not 101.23 limited to, social security benefits, supplemental security 101.24 income (SSI), veterans benefits, railroad retirement benefits 101.25 and child support. When the child is over the age of 18, and 101.26 continues to receive care, examination, or treatment, the court 101.27 shall order, and the local social services agency shall require, 101.28 reimbursement from the child for the cost of care, examination, 101.29 or treatment from the income and resources attributable to the 101.30 child less the clothing and personal needs allowance. 101.31 (c) If the income and resources attributable to the child 101.32 are not enough to reimburse the county for the full cost of the 101.33 care, examination, or treatment, the court shall inquire into 101.34 the ability of the parents to support the child and, after 101.35 giving the parents a reasonable opportunity to be heard, the 101.36 court shall order, and the local social services agency shall 102.1 require, the parents to contribute to the cost of care, 102.2 examination, or treatment of the child. Except in delinquency 102.3 cases where the victim is a member of the child's immediate 102.4 family, when determining the amount to be contributed by the 102.5 parents, the court shall use a fee schedule based upon ability 102.6 to pay that is established by the local social services agency 102.7 and approved by the commissioner of human services. In 102.8 delinquency cases where the victim is a member of the child's 102.9 immediate family, the court shall use the fee schedule, but may 102.10 also take into account the seriousness of the offense and any 102.11 expenses which the parents have incurred as a result of the 102.12 offense. The income of a stepparent who has not adopted a child 102.13 shall be excluded in calculating the parental contribution under 102.14 this section. 102.15 (d) The court shall order the amount of reimbursement 102.16 attributable to the parents or custodian, or attributable to the 102.17 child, or attributable to both sources, withheld under chapter 102.18 518 from the income of the parents or the custodian of the 102.19 child. A parent or custodian who fails to pay without good 102.20 reason may be proceeded against for contempt, or the court may 102.21 inform the county attorney, who shall proceed to collect the 102.22 unpaid sums, or both procedures may be used. 102.23 (e) If the court orders a physical or mental examination 102.24 for a child, the examination is a medically necessary service 102.25 for purposes of determining whether the service is covered by a 102.26 health insurance policy, health maintenance contract, or other 102.27 health coverage plan. Court-ordered treatment shall be subject 102.28 to policy, contract, or plan requirements for medical 102.29 necessity. Nothing in this paragraph changes or eliminates 102.30 benefit limits, conditions of coverage, copayments or 102.31 deductibles, provider restrictions, or other requirements in the 102.32 policy, contract, or plan that relate to coverage of other 102.33 medically necessary services. [260.251, subd. 1] 102.34 Subd. 2. [COST OF GROUP FOSTER CARE.] Whenever a child is 102.35 placed in a group foster care facility as provided in section 102.36 260B.198, subdivision 1, clause (b) or (c), item (5), the cost 103.1 of providing the care shall, upon certification by the juvenile 103.2 court, be paid from the welfare fund of the county in which the 103.3 proceedings were held. To reimburse the counties for the costs 103.4 of providing group foster care for delinquent children and to 103.5 promote the establishment of suitable group foster homes, the 103.6 state shall quarterly, from funds appropriated for that purpose, 103.7 reimburse counties 50 percent of the costs not paid by federal 103.8 and other available state aids and grants. Reimbursement shall 103.9 be prorated if the appropriation is insufficient. 103.10 The commissioner of corrections shall establish procedures 103.11 for reimbursement and certify to the commissioner of finance 103.12 each county entitled to receive state aid under the provisions 103.13 of this subdivision. Upon receipt of a certificate the 103.14 commissioner of finance shall issue a state warrant to the 103.15 county treasurer for the amount due, together with a copy of the 103.16 certificate prepared by the commissioner of corrections. 103.17 [260.251, subd. 1a (omitting child protection-related text)] 103.18 Subd. 3. [COURT EXPENSES.] The following expenses are a 103.19 charge upon the county in which proceedings are held upon 103.20 certification of the judge of juvenile court or upon such other 103.21 authorization provided by law: 103.22 (a) The fees and mileage of witnesses, and the expenses and 103.23 mileage of officers serving notices and subpoenas ordered by the 103.24 court, as prescribed by law. 103.25 (b) The expenses for travel and board of the juvenile court 103.26 judge when holding court in places other than the county seat. 103.27 (c) The expense of transporting a child to a place 103.28 designated by a child-placing agency for the care of the child 103.29 if the court transfers legal custody to a child-placing agency. 103.30 (d) The expense of transporting a minor to a place 103.31 designated by the court. 103.32 (e) Reasonable compensation for an attorney appointed by 103.33 the court to serve as counsel or guardian ad litem. [260.251, 103.34 subd. 2] 103.35 Subd. 4. [LEGAL SETTLEMENT.] The county charged with the 103.36 costs and expenses under subdivisions 1 and 2 may recover these 104.1 costs and expenses from the county where the minor has legal 104.2 settlement for general assistance purposes by filing verified 104.3 claims which shall be payable as are other claims against the 104.4 county. A detailed statement of the facts upon which the claim 104.5 is based shall accompany the claim. If a dispute relating to 104.6 general assistance settlement arises, the local social services 104.7 agency of the county denying legal settlement shall send a 104.8 detailed statement of the facts upon which the claim is denied 104.9 together with a copy of the detailed statement of the facts upon 104.10 which the claim is based to the commissioner of human services. 104.11 The commissioner shall immediately investigate and determine the 104.12 question of general assistance settlement and shall certify 104.13 findings to the local social services agency of each county. 104.14 The decision of the commissioner is final and shall be complied 104.15 with unless, within 30 days thereafter, action is taken in 104.16 district court as provided in section 256.045. [260.251, subd. 104.17 3] 104.18 Subd. 5. [ATTORNEYS FEES.] In proceedings in which the 104.19 court has appointed counsel pursuant to section 260B.163, 104.20 subdivision 4, for a minor unable to employ counsel, the court 104.21 may inquire into the ability of the parents to pay for such 104.22 counsel's services and, after giving the parents a reasonable 104.23 opportunity to be heard, may order the parents to pay attorneys 104.24 fees. [260.251, subd. 4] 104.25 Subd. 6. [GUARDIAN AD LITEM FEES.] In proceedings in which 104.26 the court appoints a guardian ad litem pursuant to section 104.27 260B.163, subdivision 6, clause (a), the court may inquire into 104.28 the ability of the parents to pay for the guardian ad litem's 104.29 services and, after giving the parents a reasonable opportunity 104.30 to be heard, may order the parents to pay guardian fees. 104.31 [260.251, subd. 5] 104.32 Sec. 37. [260B.335] [CIVIL JURISDICTION OVER PERSONS 104.33 CONTRIBUTING TO DELINQUENCY OR STATUS AS A JUVENILE PETTY 104.34 OFFENDER; COURT ORDERS.] 104.35 Subdivision 1. [JURISDICTION.] The juvenile court has 104.36 civil jurisdiction over persons contributing to the delinquency 105.1 or status as a juvenile petty offender under the provisions of 105.2 this section. [260.255, subd. 1 (omitting child 105.3 protection-related text)] 105.4 Subd. 2. [PETITION; ORDER TO SHOW CAUSE.] A request for 105.5 jurisdiction over a person described in subdivision 1 shall be 105.6 initiated by the filing of a verified petition by the county 105.7 attorney having jurisdiction over the place where the child is 105.8 found, resides, or where the alleged act of contributing 105.9 occurred. A prior or pending petition alleging that the child 105.10 is delinquent or a juvenile petty offender is not a prerequisite 105.11 to a petition under this section. The petition shall allege the 105.12 factual basis for the claim that the person is contributing to 105.13 the child's delinquency or status as a juvenile petty offender. 105.14 If the court determines, upon review of the verified petition, 105.15 that probable cause exists to believe that the person has 105.16 contributed to the child's delinquency or status as a juvenile 105.17 petty offender, the court shall issue an order to show cause why 105.18 the person should not be subject to the jurisdiction of the 105.19 court. The order to show cause and a copy of the verified 105.20 petition shall be served personally upon the person and shall 105.21 set forth the time and place of the hearing to be conducted 105.22 under subdivision 3. [260.255, subd. 1a (omitting child 105.23 protection-related text)] 105.24 Subd. 3. [HEARING.] (a) The court shall conduct a hearing 105.25 on the petition in accordance with the procedures contained in 105.26 paragraph (b). 105.27 (b) Hearings under this subdivision shall be without a jury. 105.28 The rules of evidence promulgated pursuant to section 480.0591 105.29 shall apply. In all proceedings under this section, the court 105.30 shall admit only evidence that would be admissible in a civil 105.31 trial. When the respondent is an adult, hearings under this 105.32 subdivision shall be open to the public. Hearings shall be 105.33 conducted within five days of personal service of the order to 105.34 show cause and may be continued for a reasonable period of time 105.35 if a continuance is in the best interest of the child or in the 105.36 interests of justice. 106.1 (c) At the conclusion of the hearing, if the court finds by 106.2 a fair preponderance of the evidence that the person has 106.3 contributed to the child's delinquency or status as a juvenile 106.4 petty offender as defined in section 260B.425, the court may 106.5 make any of the following orders: 106.6 (1) restrain the person from any further act or omission in 106.7 violation of section 260B.425; 106.8 (2) prohibit the person from associating or communicating 106.9 in any manner with the child; 106.10 (3) require the person to participate in evaluation or 106.11 services determined necessary by the court to correct the 106.12 conditions that contributed to the child's delinquency or status 106.13 as a juvenile petty offender; 106.14 (4) require the person to provide supervision, treatment, 106.15 or other necessary care; 106.16 (5) require the person to pay restitution to a victim for 106.17 pecuniary damages arising from an act of the child relating to 106.18 the child's delinquency or status as a juvenile petty offender; 106.19 (6) require the person to pay the cost of services provided 106.20 to the child or for the child's protection; or 106.21 (7) require the person to provide for the child's 106.22 maintenance or care if the person is responsible for the 106.23 maintenance or care, and direct when, how, and where money for 106.24 the maintenance or care shall be paid. If the person is 106.25 receiving public assistance for the child's maintenance or care, 106.26 the court shall authorize the public agency responsible for 106.27 administering the public assistance funds to make payments 106.28 directly to vendors for the cost of food, shelter, medical care, 106.29 utilities, and other necessary expenses. 106.30 (d) An order issued under this section shall be for a fixed 106.31 period of time, not to exceed one year. The order may be 106.32 renewed or modified prior to expiration upon notice and motion 106.33 when there has not been compliance with the court's order or the 106.34 order continues to be necessary to eliminate the contributing 106.35 behavior or to mitigate its effect on the child. [260.255, 106.36 subd. 2 (omitting child protection-related text)] 107.1 Subd. 4. [CRIMINAL PROCEEDINGS.] The county attorney may 107.2 bring both a criminal proceeding under section 260B.425 and a 107.3 civil action under this section. [260.255, subd. 3] 107.4 Sec. 38. [260B.411] [NEW EVIDENCE.] 107.5 A child whose status has been adjudicated by a juvenile 107.6 court, or the child's parent, guardian, custodian or spouse may, 107.7 at any time within 15 days of the filing of the court's order, 107.8 petition the court for a rehearing on the ground that new 107.9 evidence has been discovered affecting the advisability of the 107.10 court's original adjudication or disposition. Upon a showing 107.11 that such evidence does exist the court shall order that a new 107.12 hearing be held within 30 days, unless the court extends this 107.13 time period for good cause shown within the 30-day period, and 107.14 shall make such disposition of the case as the facts and the 107.15 best interests of the child warrant. [260.281] 107.16 Sec. 39. [260B.415] [APPEAL.] 107.17 Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 107.18 (a) An appeal may be taken by the aggrieved person from a final 107.19 order of the juvenile court affecting a substantial right of the 107.20 aggrieved person, including, but not limited to, an order 107.21 adjudging a child to be delinquent or a juvenile traffic 107.22 offender. The appeal shall be taken within 30 days of the 107.23 filing of the appealable order. The court administrator shall 107.24 notify the person having legal custody of the minor of the 107.25 appeal. Failure to notify the person having legal custody of 107.26 the minor shall not affect the jurisdiction of the appellate 107.27 court. The order of the juvenile court shall stand, pending the 107.28 determination of the appeal, but the reviewing court may in its 107.29 discretion and upon application stay the order. 107.30 (b) An appeal may be taken by an aggrieved person from an 107.31 order of the juvenile court on the issue of certification of a 107.32 matter for prosecution under the laws and court procedures 107.33 controlling adult criminal violations. Certification appeals 107.34 shall be expedited as provided by applicable rules. [260.291, 107.35 subd. 1 (omitting child protection-related text)] 107.36 Subd. 2. [APPEAL.] The appeal from a juvenile court is 108.1 taken to the court of appeals as in civil cases, except as 108.2 provided in subdivision 1. [260.291, subd. 2] 108.3 Sec. 40. [260B.421] [CONTEMPT.] 108.4 Any person knowingly interfering with an order of the 108.5 juvenile court is in contempt of court. However, a child who is 108.6 under the continuing jurisdiction of the court for reasons other 108.7 than having committed a delinquent act or a juvenile petty 108.8 offense may not be adjudicated as a delinquent solely on the 108.9 basis of having knowingly interfered with or disobeyed an order 108.10 of the court. [260.301] 108.11 Sec. 41. [260B.425] [CRIMINAL JURISDICTION FOR 108.12 CONTRIBUTING TO STATUS AS A JUVENILE PETTY OFFENDER OR 108.13 DELINQUENCY.] 108.14 Subdivision 1. [CRIMES.] (a) Any person who by act, word, 108.15 or omission encourages, causes, or contributes to delinquency of 108.16 a child or to a child's status as a juvenile petty offender, is 108.17 guilty of a gross misdemeanor. 108.18 (b) This section does not apply to licensed social service 108.19 agencies and outreach workers who, while acting within the scope 108.20 of their professional duties, provide services to runaway 108.21 children. [260.315, subd. 1 (omitting child protection-related 108.22 text)] 108.23 Subd. 2. [COMPLAINT; VENUE.] A complaint under this 108.24 section may be filed by the county attorney having jurisdiction 108.25 where the child is found, resides, or where the alleged act of 108.26 contributing occurred. The complaint may be filed in either the 108.27 juvenile or criminal divisions of the district court. A prior 108.28 or pending petition alleging that the child is delinquent, a 108.29 juvenile petty offender, or in need of protection or services is 108.30 not a prerequisite to a complaint or a conviction under this 108.31 section. [260.315, subd. 2] 108.32 Subd. 3. [AFFIRMATIVE DEFENSE.] If the child is alleged to 108.33 be delinquent or a juvenile petty offender, it is an affirmative 108.34 defense to a prosecution under subdivision 1 if the defendant 108.35 proves, by a preponderance of the evidence, that the defendant 108.36 took reasonable steps to control the child's conduct. [260.315, 109.1 subd. 3 (omitting child protection-related text)] 109.2 Sec. 42. [260B.441] [COST, PAYMENT.] 109.3 In addition to the usual care and services given by public 109.4 and private agencies, the necessary cost incurred by the 109.5 commissioner of human services in providing care for such child 109.6 shall be paid by the county committing such child which, subject 109.7 to uniform rules established by the commissioner of human 109.8 services, may receive a reimbursement not exceeding one-half of 109.9 such costs from funds made available for this purpose by the 109.10 legislature during the period beginning July 1, 1985, and ending 109.11 December 31, 1985. Beginning January 1, 1986, the necessary 109.12 cost incurred by the commissioner of human services in providing 109.13 care for the child must be paid by the county committing the 109.14 child. Where such child is eligible to receive a grant of aid 109.15 to families with dependent children, Minnesota family investment 109.16 program-statewide or supplemental security income for the aged, 109.17 blind, and disabled, or a foster care maintenance payment under 109.18 title IV-E of the Social Security Act, United States Code, title 109.19 42, sections 670 to 676, the child's needs shall be met through 109.20 these programs. [260.38] 109.21 Sec. 43. [260B.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 109.22 ASSISTANCE FURNISHED.] 109.23 When any amount shall be recovered from any source for 109.24 assistance furnished under the provisions of sections 260B.001 109.25 to 260B.446, there shall be paid into the treasury of the state 109.26 or county in the proportion in which they have respectively 109.27 contributed toward the total assistance paid. [260.39] 109.28 ARTICLE 3 109.29 CHILD PROTECTION PROVISIONS 109.30 Section 1. [260C.001] [TITLE, INTENT, AND CONSTRUCTION.] 109.31 Subdivision 1. [CITATION.] Sections 260C.001 to 260C.451 109.32 may be cited as the child protection provisions of the Juvenile 109.33 Court Act. [260.011, subd. 1] 109.34 Subd. 2. [CHILD IN NEED OF PROTECTION SERVICES.] The 109.35 paramount consideration in all proceedings concerning a child 109.36 alleged or found to be in need of protection or services is the 110.1 health, safety, and best interests of the child. In proceedings 110.2 involving an American Indian child, as defined in section 110.3 260.755, subdivision 8, the best interests of the child must be 110.4 determined consistent with sections 260.751 to 260.835 and the 110.5 Indian Child Welfare Act, United States Code, title 25, sections 110.6 1901 to 1923. The purpose of the laws relating to juvenile 110.7 courts is to secure for each child alleged or adjudicated in 110.8 need of protection or services and under the jurisdiction of the 110.9 court, the care and guidance, preferably in the child's own 110.10 home, as will best serve the spiritual, emotional, mental, and 110.11 physical welfare of the child; to provide judicial procedures 110.12 which protect the welfare of the child; to preserve and 110.13 strengthen the child's family ties whenever possible and in the 110.14 child's best interests, removing the child from the custody of 110.15 parents only when the child's welfare or safety cannot be 110.16 adequately safeguarded without removal; and, when removal from 110.17 the child's own family is necessary and in the child's best 110.18 interests, to secure for the child custody, care and discipline 110.19 as nearly as possible equivalent to that which should have been 110.20 given by the parents. [260.011, subd. 2, para (a)] 110.21 Subd. 3. [TERMINATION OF PARENTAL RIGHTS.] The purpose of 110.22 the laws relating to termination of parental rights is to ensure 110.23 that: 110.24 (1) reasonable efforts have been made by the social service 110.25 agency to reunite the child with the child's parents in a 110.26 placement that is safe and permanent; and 110.27 (2) if placement with the parents is not reasonably 110.28 foreseeable, to secure for the child a safe and permanent 110.29 placement, preferably with adoptive parents. 110.30 Nothing in this section requires reasonable efforts to be 110.31 made in circumstances where the court has determined that the 110.32 child has been subjected to egregious harm or the parental 110.33 rights of the parent to a sibling have been involuntarily 110.34 terminated. 110.35 The paramount consideration in all proceedings for the 110.36 termination of parental rights is the best interests of the 111.1 child. In proceedings involving an American Indian child, as 111.2 defined in section 257.351, subdivision 6, the best interests of 111.3 the child must be determined consistent with the Indian Child 111.4 Welfare Act of 1978, United States Code, title 25, section 1901, 111.5 et seq. [260.011, subd. 2, para (b)] 111.6 Subd. 4. [CONSTRUCTION.] The laws relating to the child 111.7 protection provisions of the juvenile courts shall be liberally 111.8 construed to carry out these purposes. [260.011, subd. 2, para 111.9 (d)] 111.10 Sec. 2. [260C.007] [DEFINITIONS.] 111.11 Subdivision 1. [SCOPE.] As used in this chapter, the terms 111.12 defined in this section have the same meanings given to them. 111.13 [260.015, subd. 1] 111.14 Subd. 2. [AGENCY.] "Agency" means the local social service 111.15 agency or a licensed child-placing agency. [260.015, subd. 1a] 111.16 Subd. 3. [CHILD.] "Child" means an individual under 18 111.17 years of age. [260.015, subd. 2 (omitting delinquency-related 111.18 text)] 111.19 Subd. 4. [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 111.20 in need of protection or services" means a child who is in need 111.21 of protection or services because the child: 111.22 (1) is abandoned or without parent, guardian, or custodian; 111.23 (2)(i) has been a victim of physical or sexual abuse, (ii) 111.24 resides with or has resided with a victim of domestic child 111.25 abuse as defined in subdivision 24, (iii) resides with or would 111.26 reside with a perpetrator of domestic child abuse or child abuse 111.27 as defined in subdivision 28, or (iv) is a victim of emotional 111.28 maltreatment as defined in subdivision 5a; 111.29 (3) is without necessary food, clothing, shelter, 111.30 education, or other required care for the child's physical or 111.31 mental health or morals because the child's parent, guardian, or 111.32 custodian is unable or unwilling to provide that care; 111.33 (4) is without the special care made necessary by a 111.34 physical, mental, or emotional condition because the child's 111.35 parent, guardian, or custodian is unable or unwilling to provide 111.36 that care; 112.1 (5) is medically neglected, which includes, but is not 112.2 limited to, the withholding of medically indicated treatment 112.3 from a disabled infant with a life-threatening condition. The 112.4 term "withholding of medically indicated treatment" means the 112.5 failure to respond to the infant's life-threatening conditions 112.6 by providing treatment, including appropriate nutrition, 112.7 hydration, and medication which, in the treating physician's or 112.8 physicians' reasonable medical judgment, will be most likely to 112.9 be effective in ameliorating or correcting all conditions, 112.10 except that the term does not include the failure to provide 112.11 treatment other than appropriate nutrition, hydration, or 112.12 medication to an infant when, in the treating physician's or 112.13 physicians' reasonable medical judgment: 112.14 (i) the infant is chronically and irreversibly comatose; 112.15 (ii) the provision of the treatment would merely prolong 112.16 dying, not be effective in ameliorating or correcting all of the 112.17 infant's life-threatening conditions, or otherwise be futile in 112.18 terms of the survival of the infant; or 112.19 (iii) the provision of the treatment would be virtually 112.20 futile in terms of the survival of the infant and the treatment 112.21 itself under the circumstances would be inhumane; 112.22 (6) is one whose parent, guardian, or other custodian for 112.23 good cause desires to be relieved of the child's care and 112.24 custody; 112.25 (7) has been placed for adoption or care in violation of 112.26 law; 112.27 (8) is without proper parental care because of the 112.28 emotional, mental, or physical disability, or state of 112.29 immaturity of the child's parent, guardian, or other custodian; 112.30 (9) is one whose behavior, condition, or environment is 112.31 such as to be injurious or dangerous to the child or others. An 112.32 injurious or dangerous environment may include, but is not 112.33 limited to, the exposure of a child to criminal activity in the 112.34 child's home; 112.35 (10) is experiencing growth delays, which may be referred 112.36 to as failure to thrive, that have been diagnosed by a physician 113.1 and are due to parental neglect; 113.2 (11) has engaged in prostitution as defined in section 113.3 609.321, subdivision 9; 113.4 (12) has committed a delinquent act or a juvenile petty 113.5 offense before becoming ten years old; 113.6 (13) is a runaway; 113.7 (14) is an habitual truant; 113.8 (15) has been found incompetent to proceed or has been 113.9 found not guilty by reason of mental illness or mental 113.10 deficiency in connection with a delinquency proceeding, a 113.11 certification under section 260.125, an extended jurisdiction 113.12 juvenile prosecution, or a proceeding involving a juvenile petty 113.13 offense; 113.14 (16) is one whose custodial parent's parental rights to 113.15 another child have been involuntarily terminated within the past 113.16 five years; or 113.17 (17) has been found by the court to have committed domestic 113.18 abuse perpetrated by a minor under Laws 1997, chapter 239, 113.19 article 10, sections 2 to 26, has been ordered excluded from the 113.20 child's parent's home by an order for protection/minor 113.21 respondent, and the parent or guardian is either unwilling or 113.22 unable to provide an alternative safe living arrangement for the 113.23 child. [260.015, subd. 2a] 113.24 Subd. 5. [CHILD-PLACING AGENCY.] "Child-placing agency" 113.25 means anyone licensed under sections 245A.01 to 245A.16 and 113.26 252.28, subdivision 2. [260.015, subd. 3] 113.27 Subd. 6. [COURT.] "Court" means juvenile court unless 113.28 otherwise specified in this section. [260.015, subd. 4] 113.29 Subd. 7. [DELINQUENT CHILD.] "Delinquent child" means a 113.30 child: 113.31 (1) who has violated any state or local law, except as 113.32 provided in section 260B.225, subdivision 1, and except for 113.33 juvenile offenders as described in subdivisions 18 and 19; or 113.34 (2) who has violated a federal law or a law of another 113.35 state and whose case has been referred to the juvenile court if 113.36 the violation would be an act of delinquency if committed in 114.1 this state or a crime or offense if committed by an adult. 114.2 [260.015, subd. 5 (omitting delinquency-related text)] 114.3 Subd. 8. [EMOTIONAL MALTREATMENT.] "Emotional 114.4 maltreatment" means the consistent, deliberate infliction of 114.5 mental harm on a child by a person responsible for the child's 114.6 care, that has an observable, sustained, and adverse effect on 114.7 the child's physical, mental, or emotional development. 114.8 "Emotional maltreatment" does not include reasonable training or 114.9 discipline administered by the person responsible for the 114.10 child's care or the reasonable exercise of authority by that 114.11 person. [260.015, subd. 5a] 114.12 Subd. 9. [FOSTER CARE.] "Foster care" means the 24 hour a 114.13 day care of a child in any facility which for gain or otherwise 114.14 regularly provides one or more children, when unaccompanied by 114.15 their parents, with a substitute for the care, food, lodging, 114.16 training, education, supervision or treatment they need but 114.17 which for any reason cannot be furnished by their parents or 114.18 legal guardians in their homes. [260.015, subd. 7] 114.19 Subd. 10. [LEGAL CUSTODY.] "Legal custody" means the right 114.20 to the care, custody, and control of a child who has been taken 114.21 from a parent by the court in accordance with the provisions of 114.22 section 260C.201 or 260C.317. The expenses of legal custody are 114.23 paid in accordance with the provisions of section 260C.331. 114.24 [260.015, subd. 8 (omitting delinquency-related text)] 114.25 Subd. 11. [MINOR.] "Minor" means an individual under 18 114.26 years of age. [260.015, subd. 9] 114.27 Subd. 12. [PARENT.] "Parent" means the birth or adoptive 114.28 parent of a minor. For an Indian child, parent includes any 114.29 Indian person who has adopted a child by tribal law or custom, 114.30 as provided in section 260.755, subdivision 14. [260.015, subd. 114.31 11] 114.32 Subd. 13. [PERSON.] "Person" includes any individual, 114.33 association, corporation, partnership, and the state or any of 114.34 its political subdivisions, departments, or agencies. [260.015, 114.35 subd. 12] 114.36 Subd. 14. [RELATIVE.] "Relative" means a parent, 115.1 stepparent, grandparent, brother, sister, uncle, or aunt of the 115.2 minor. This relationship may be by blood or marriage. For an 115.3 Indian child, relative includes members of the extended family 115.4 as defined by the law or custom of the Indian child's tribe or, 115.5 in the absence of laws or custom, nieces, nephews, or first or 115.6 second cousins, as provided in the Indian Child Welfare Act of 115.7 1978, United States Code, title 25, section 1903. For purposes 115.8 of dispositions, relative has the meaning given in section 115.9 260.181, subdivision 3. [260.015, subd. 13] 115.10 Subd. 15. [CUSTODIAN.] "Custodian" means any person who is 115.11 under a legal obligation to provide care and support for a minor 115.12 or who is in fact providing care and support for a minor. This 115.13 subdivision does not impose upon persons who are not otherwise 115.14 legally responsible for providing a child with necessary food, 115.15 clothing, shelter, education, or medical care a duty to provide 115.16 that care. For an Indian child, custodian means any Indian 115.17 person who has legal custody of an Indian child under tribal law 115.18 or custom or under state law or to whom temporary physical care, 115.19 custody, and control has been transferred by the parent of the 115.20 child, as provided in section 260.755, subdivision 10. 115.21 [260.015, subd. 14] 115.22 Subd. 16. [SHELTER CARE FACILITY.] "Shelter care facility" 115.23 means a physically unrestricting facility, such as but not 115.24 limited to, a hospital, a group home or a licensed facility for 115.25 foster care, used for the temporary care of a child pending 115.26 court action. [260.015, subd. 17] 115.27 Subd. 17. [NEGLECTED AND IN FOSTER CARE.] "Neglected and 115.28 in foster care" means a child 115.29 (a) Who has been placed in foster care by court order; and 115.30 (b) Whose parents' circumstances, condition, or conduct are 115.31 such that the child cannot be returned to them; and 115.32 (c) Whose parents, despite the availability of needed 115.33 rehabilitative services, have failed to make reasonable efforts 115.34 to adjust their circumstances, condition or conduct, or have 115.35 willfully failed to meet reasonable expectations with regard to 115.36 visiting the child or providing financial support for the child. 116.1 [260.015, subd. 18] 116.2 Subd. 18. [HABITUAL TRUANT.] "Habitual truant" means a 116.3 child under the age of 16 years who is absent from attendance at 116.4 school without lawful excuse for seven school days if the child 116.5 is in elementary school or for one or more class periods on 116.6 seven school days if the child is in middle school, junior high 116.7 school, or high school, or a child who is 16 or 17 years of age 116.8 who is absent from attendance at school without lawful excuse 116.9 for one or more class periods on seven school days and who has 116.10 not lawfully withdrawn from school under section 120A.22, 116.11 subdivision 6. [260.015, subd. 19] 116.12 Subd. 19. [RUNAWAY.] "Runaway" means an unmarried child 116.13 under the age of 18 years who is absent from the home of a 116.14 parent or other lawful placement without the consent of the 116.15 parent, guardian, or lawful custodian. [260.015, subd. 20] 116.16 Subd. 20. [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 116.17 means: 116.18 (1) any physical injury to a minor family or household 116.19 member inflicted by an adult family or household member other 116.20 than by accidental means; or 116.21 (2) subjection of a minor family or household member by an 116.22 adult family or household member to any act which constitutes a 116.23 violation of sections 609.321 to 609.324, 609.342, 609.343, 116.24 609.344, 609.345, or 617.246. [260.015, subd. 24] 116.25 Subd. 21. [FAMILY OR HOUSEHOLD MEMBERS.] "Family or 116.26 household members" means spouses, former spouses, parents and 116.27 children, persons related by blood, and persons who are 116.28 presently residing together or who have resided together in the 116.29 past, and persons who have a child in common regardless of 116.30 whether they have been married or have lived together at any 116.31 time. [260.015, subd. 25] 116.32 Subd. 22. [INDIAN.] "Indian," consistent with section 116.33 260.755, subdivision 7, means a person who is a member of an 116.34 Indian tribe or who is an Alaskan native and a member of a 116.35 regional corporation as defined in section 7 of the Alaska 116.36 Native Claims Settlement Act, United States Code, title 43, 117.1 section 1606. [260.015, subd. 26] 117.2 Subd. 23. [INDIAN CHILD.] "Indian child," consistent with 117.3 section 260.755, subdivision 8, means an unmarried person who is 117.4 under age 18 and is: 117.5 (1) a member of an Indian tribe; or 117.6 (2) eligible for membership in an Indian tribe. [260.015, 117.7 subd. 27] 117.8 Subd. 24. [CHILD ABUSE.] "Child abuse" means an act that 117.9 involves a minor victim and that constitutes a violation of 117.10 section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 117.11 609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 117.12 609.378, or 617.246. [260.015, subd. 28] 117.13 Subd. 25. [EGREGIOUS HARM.] "Egregious harm" means the 117.14 infliction of bodily harm to a child or neglect of a child which 117.15 demonstrates a grossly inadequate ability to provide minimally 117.16 adequate parental care. The egregious harm need not have 117.17 occurred in the state or in the county where a termination of 117.18 parental rights action is otherwise properly venued. Egregious 117.19 harm includes, but is not limited to: 117.20 (1) conduct towards a child that constitutes a violation of 117.21 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 117.22 any other similar law of any other state; 117.23 (2) the infliction of "substantial bodily harm" to a child, 117.24 as defined in section 609.02, subdivision 7a; 117.25 (3) conduct towards a child that constitutes felony 117.26 malicious punishment of a child under section 609.377; 117.27 (4) conduct towards a child that constitutes felony 117.28 unreasonable restraint of a child under section 609.255, 117.29 subdivision 3; 117.30 (5) conduct towards a child that constitutes felony neglect 117.31 or endangerment of a child under section 609.378; 117.32 (6) conduct towards a child that constitutes assault under 117.33 section 609.221, 609.222, or 609.223; 117.34 (7) conduct towards a child that constitutes solicitation, 117.35 inducement, or promotion of, or receiving profit derived from 117.36 prostitution under section 609.322; 118.1 (8) conduct toward a child that constitutes murder or 118.2 voluntary manslaughter as defined by United States Code, title 118.3 18, section 1111(a) or 1112(a); or 118.4 (9) conduct toward a child that constitutes aiding or 118.5 abetting, attempting, conspiring, or soliciting to commit a 118.6 murder or voluntary manslaughter that constitutes a violation of 118.7 United States Code, title 18, section 1111(a) or 1112(a). 118.8 [260.015, subd. 29] 118.9 Sec. 3. [260C.050] [EXPERT ASSISTANCE.] 118.10 In any county the court may provide for the physical and 118.11 mental diagnosis of cases of minors who are believed to be 118.12 physically handicapped, mentally ill, or mentally retarded, and 118.13 for such purpose may appoint professionally qualified persons, 118.14 whose compensation shall be fixed by the judge with the approval 118.15 of the county board. [260.092] 118.16 Sec. 4. [260C.101] [JURISDICTION.] 118.17 Subdivision 1. [CHILDREN IN NEED OF PROTECTION OR 118.18 SERVICES, OR NEGLECTED AND IN FOSTER CARE.] The juvenile court 118.19 has original and exclusive jurisdiction in proceedings 118.20 concerning any child who is alleged to be in need of protection 118.21 or services, or neglected and in foster care. [260.111, subd. 1 118.22 (omitting delinquency-related text)] 118.23 Subd. 2. [JURISDICTION OVER OTHER MATTERS RELATING TO 118.24 CHILDREN.] Except as provided in clause (d), the juvenile court 118.25 has original and exclusive jurisdiction in proceedings 118.26 concerning: 118.27 (a) The termination of parental rights to a child in 118.28 accordance with the provisions of sections 260C.301 to 260C.328. 118.29 (b) The appointment and removal of a juvenile court 118.30 guardian of the person for a child, where parental rights have 118.31 been terminated under the provisions of sections 260C.301 to 118.32 260C.328. 118.33 (c) Judicial consent to the marriage of a child when 118.34 required by law. 118.35 (d) The review of the foster care status of a child who has 118.36 been placed in a residential facility, as defined in section 119.1 260C.212, subdivision 1, pursuant to a voluntary release by the 119.2 child's parent or parents. [260.111, subd. 2 (omitting 119.3 delinquency-related text)] 119.4 Subd. 3. [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 119.5 CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 119.6 concerning any alleged acts of domestic child abuse. In a 119.7 jurisdiction which utilizes referees in child in need of 119.8 protection or services matters, the court or judge may refer 119.9 actions under this subdivision to a referee to take and report 119.10 the evidence in the action. If the respondent does not appear 119.11 after service is duly made and proved, the court may hear and 119.12 determine the proceeding as a default matter. Proceedings under 119.13 this subdivision shall be given docket priority by the court. 119.14 [260.111, subd. 3] 119.15 Subd. 4. [JURISDICTION OVER PARENTS AND GUARDIANS.] A 119.16 parent, guardian, or custodian of a child who is subject to the 119.17 jurisdiction of the court is also subject to the jurisdiction of 119.18 the court in any matter in which that parent, guardian, or 119.19 custodian has a right to notice under section 260C.151 or 119.20 260C.152, or the right to participate under section 260.155. In 119.21 any proceeding concerning a child alleged to be in need of 119.22 protection or services, the court has jurisdiction over a 119.23 parent, guardian, or custodian for the purposes of a disposition 119.24 order issued under section 260C.201, subdivision 6. [260.111, 119.25 subd. 4] 119.26 Subd. 5. [JURISDICTION OVER INDIAN CHILDREN.] In a child 119.27 in need of protection or services proceeding, when an Indian 119.28 child is a ward of a tribal court with federally recognized 119.29 child welfare jurisdiction, the Indian tribe retains exclusive 119.30 jurisdiction notwithstanding the residence or domicile of an 119.31 Indian child, as provided in the Indian Child Welfare Act of 119.32 1978, United States Code, title 25, section 1911. [260.111, 119.33 subd. 5] 119.34 Sec. 5. [260C.121] [VENUE.] 119.35 Subdivision 1. [VENUE.] When it is alleged that a child is 119.36 in need of protection or services, venue may be in the county 120.1 where the child is found, in the county of residence, or in the 120.2 county where the alleged conditions causing the child's need for 120.3 protection or services occurred. [260.121, subd. 1 (omitting 120.4 delinquency-related text)] 120.5 Subd. 2. [TRANSFER.] The judge of the juvenile court may 120.6 transfer any proceedings brought under section 260C.101, except 120.7 adoptions, to the juvenile court of a county having venue as 120.8 provided in subdivision 1, at any stage of the proceedings and 120.9 in the following manner. When it appears that the best 120.10 interests of the child, society, or the convenience of 120.11 proceedings will be served by a transfer, the court may transfer 120.12 the case to the juvenile court of the county of the child's 120.13 residence. The court transfers the case by ordering a 120.14 continuance and by forwarding to the court administrator of the 120.15 appropriate juvenile court a certified copy of all papers filed, 120.16 together with an order of transfer. The judge of the receiving 120.17 court may accept the findings of the transferring court or may 120.18 direct the filing of a new petition or notice under section 120.19 260C.143 and hear the case anew. [260.121, subd. 2 (omitting 120.20 delinquency-related text)] 120.21 Subd. 3. [RESIDENT OF ANOTHER STATE.] If it appears at any 120.22 stage of the proceeding that a child before the court is a 120.23 resident of another state, the court may invoke the provisions 120.24 of the interstate compact on juveniles or, if it is in the best 120.25 interests of the child or the public to do so, the court may 120.26 place the child in the custody of the child's parent, guardian, 120.27 or custodian, if the parent, guardian, or custodian agrees to 120.28 accept custody of the child and return the child to their state. 120.29 [260.121, subd. 3 (omitting delinquency-related text)] 120.30 Sec. 6. [260C.141] [PETITION.] 120.31 Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] (a) Any 120.32 reputable person, including but not limited to any agent of the 120.33 commissioner of human services, having knowledge of a child in 120.34 this state or of a child who is a resident of this state, who 120.35 appears to be in need of protection or services or neglected and 120.36 in foster care, may petition the juvenile court in the manner 121.1 provided in this section. 121.2 (b) A petition for a child in need of protection filed by 121.3 an individual who is not a county attorney or an agent of the 121.4 commissioner of human services shall be filed on a form 121.5 developed by the state court administrator and provided to court 121.6 administrators. Copies of the form may be obtained from the 121.7 court administrator in each county. The court administrator 121.8 shall review the petition before it is filed to determine that 121.9 it is completed. The court administrator may reject the 121.10 petition if it does not indicate that the petitioner has 121.11 contacted the local social service agency. 121.12 An individual may file a petition under this subdivision 121.13 without seeking internal review of the local social service 121.14 agency's decision. The court shall determine whether there is 121.15 probable cause to believe that a need for protection or services 121.16 exists before the matter is set for hearing. If the matter is 121.17 set for hearing, the court administrator shall notify the local 121.18 social service agency by sending notice to the county attorney. 121.19 The petition must contain: 121.20 (1) a statement of facts that would establish, if proven, 121.21 that there is a need for protection or services for the child 121.22 named in the petition; 121.23 (2) a statement that petitioner has reported the 121.24 circumstances underlying the petition to the local social 121.25 service agency, and protection or services were not provided to 121.26 the child; 121.27 (3) a statement whether there are existing juvenile or 121.28 family court custody orders or pending proceedings in juvenile 121.29 or family court concerning the child; and 121.30 (4) a statement of the relationship of the petitioner to 121.31 the child and any other parties. 121.32 The court may not allow a petition to proceed under this 121.33 paragraph if it appears that the sole purpose of the petition is 121.34 to modify custody between the parents. [260.131, subd. 1 121.35 (omitting delinquency-related text)] 121.36 Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social 122.1 service agency responsible for the placement of a child in a 122.2 residential facility, as defined in section 260C.212, 122.3 subdivision 1, pursuant to a voluntary release by the child's 122.4 parent or parents may bring a petition in juvenile court to 122.5 review the foster care status of the child in the manner 122.6 provided in this section. [260.131, subd. 1a] 122.7 Subd. 3. [CHILD IN NEED OF PROTECTION OR SERVICES; 122.8 HABITUAL TRUANT.] If there is a school attendance review board 122.9 or county attorney mediation program operating in the child's 122.10 school district, a petition alleging that a child is in need of 122.11 protection or services as a habitual truant under section 122.12 260.015, subdivision 2a, clause (12), may not be filed until the 122.13 applicable procedures under section 260A.06 or 260A.07 have been 122.14 followed. [260.131, subd. 1b] 122.15 Subd. 4. [VERIFICATION OF PETITION.] The petition shall be 122.16 verified by the person having knowledge of the facts and may be 122.17 on information and belief. Unless otherwise provided by this 122.18 section or by rule or order of the court, the county attorney 122.19 shall draft the petition upon the showing of reasonable grounds 122.20 to support the petition. [260.131, subd. 2] 122.21 Subd. 5. [FORM OF PETITION.] The petition and all 122.22 subsequent court documents shall be entitled substantially as 122.23 follows: 122.24 "Juvenile Court, County of ................. 122.25 In the matter of the welfare of ..........." 122.26 The petition shall set forth plainly: 122.27 (a) The facts which bring the child within the jurisdiction 122.28 of the court; 122.29 (b) The name, date of birth, residence, and post office 122.30 address of the child; 122.31 (c) The names, residences, and post office addresses of the 122.32 child's parents; 122.33 (d) The name, residence, and post office address of the 122.34 child's guardian if there be one, of the person having custody 122.35 or control of the child, and of the nearest known relative if no 122.36 parent or guardian can be found; 123.1 (e) The spouse of the child, if there be one. If any of 123.2 the facts required by the petition are not known or cannot be 123.3 ascertained by the petitioner, the petition shall so state. 123.4 [260.131, subd. 3] 123.5 Subd. 6. [CONCURRENT JURISDICTION.] When a petition is 123.6 filed alleging that a child has engaged in prostitution as 123.7 defined in section 609.321, subdivision 9, the county attorney 123.8 shall determine whether concurrent jurisdiction is necessary to 123.9 provide appropriate intervention and, if so, proceed to file a 123.10 petition alleging the child to be both delinquent and in need of 123.11 protection or services. [260.131, subd. 5] 123.12 Sec. 7. [260C.143] [PROCEDURE; HABITUAL TRUANTS, RUNAWAYS, 123.13 OFFENDERS.] 123.14 Subdivision 1. [NOTICE.] When a peace officer, or 123.15 attendance officer in the case of a habitual truant, has 123.16 probable cause to believe that a child is in need of protection 123.17 or services under section 260C.007, subdivision 4, clause (13) 123.18 or (14), the officer may issue a notice to the child to appear 123.19 in juvenile court in the county in which the child is found or 123.20 in the county of the child's residence. If there is a school 123.21 attendance review board or county attorney mediation program 123.22 operating in the child's school district, a notice to appear in 123.23 juvenile court for a habitual truant may not be issued until the 123.24 applicable procedures under section 260A.06 or 260A.07 have been 123.25 followed. The officer shall file a copy of the notice to appear 123.26 with the juvenile court of the appropriate county. If a child 123.27 fails to appear in response to the notice, the court may issue a 123.28 summons notifying the child of the nature of the offense alleged 123.29 and the time and place set for the hearing. If the peace 123.30 officer finds it necessary to take the child into custody, 123.31 sections 260.165 and 260.171 shall apply. [260.132, subd. 1 123.32 (omitting delinquency-related text)] 123.33 Subd. 2. [EFFECT OF NOTICE.] Filing with the court a 123.34 notice to appear containing the name and address of the child, 123.35 specifying the offense alleged and the time and place it was 123.36 committed, has the effect of a petition giving the juvenile 124.1 court jurisdiction. In the case of running away, the place 124.2 where the offense was committed may be stated in the notice as 124.3 either the child's custodial parent's or guardian's residence or 124.4 lawful placement or where the child was found by the officer. 124.5 In the case of truancy, the place where the offense was 124.6 committed may be stated as the school or the place where the 124.7 child was found by the officer. [260.132, subd. 2] 124.8 Subd. 3. [NOTICE TO PARENT.] Whenever a notice to appear 124.9 or petition is filed alleging that a child is in need of 124.10 protection or services under section 260C.007, subdivision 4, 124.11 clause (11) or (12), the court shall summon and notify the 124.12 person or persons having custody or control of the child of the 124.13 nature of the offense alleged and the time and place of 124.14 hearing. This summons and notice shall be served in the time 124.15 and manner provided in section 260C.151, subdivision 1. 124.16 [260.132, subd. 3 (omitting delinquency-related text)] 124.17 Subd. 4. [TRUANT.] When a peace officer or probation 124.18 officer has probable cause to believe that a child is currently 124.19 under age 16 and absent from school without lawful excuse, the 124.20 officer may transport the child to the child's home and deliver 124.21 the child to the custody of the child's parent or guardian, 124.22 transport the child to the child's school of enrollment and 124.23 deliver the child to the custody of a school superintendent or 124.24 teacher or transport the child to a truancy service center under 124.25 section 260A.04, subdivision 3. [260.132, subd. 4] 124.26 Sec. 8. [260C.148] [PROCEDURE; DOMESTIC CHILD ABUSE.] 124.27 Subdivision 1. [PETITION.] The local welfare agency may 124.28 bring an emergency petition on behalf of minor family or 124.29 household members seeking relief from acts of domestic child 124.30 abuse. The petition shall allege the existence of or immediate 124.31 and present danger of domestic child abuse, and shall be 124.32 accompanied by an affidavit made under oath stating the specific 124.33 facts and circumstances from which relief is sought. [260.133, 124.34 subd. 1] 124.35 Subd. 2. [TEMPORARY ORDER.] (a) If it appears from the 124.36 notarized petition or by sworn affidavit that there are 125.1 reasonable grounds to believe the child is in immediate and 125.2 present danger of domestic child abuse, the court may grant an 125.3 ex parte temporary order for protection, pending a full 125.4 hearing. The court may grant relief as it deems proper, 125.5 including an order: 125.6 (1) restraining any party from committing acts of domestic 125.7 child abuse; or 125.8 (2) excluding the alleged abusing party from the dwelling 125.9 which the family or household members share or from the 125.10 residence of the child. 125.11 (b) However, no order excluding the alleged abusing party 125.12 from the dwelling may be issued unless the court finds that: 125.13 (1) the order is in the best interests of the child or 125.14 children remaining in the dwelling; and 125.15 (2) a remaining adult family or household member is able to 125.16 care adequately for the child or children in the absence of the 125.17 excluded party. 125.18 Before the temporary order is issued, the local welfare 125.19 agency shall advise the court and the other parties who are 125.20 present that appropriate social services will be provided to the 125.21 family or household members during the effective period of the 125.22 order. 125.23 An ex parte temporary order for protection shall be 125.24 effective for a fixed period not to exceed 14 days. Within five 125.25 days of the issuance of the temporary order, the petitioner 125.26 shall file a petition with the court pursuant to section 125.27 260C.141, alleging that the child is in need of protection or 125.28 services and the court shall give docket priority to the 125.29 petition. 125.30 The court may renew the temporary order for protection one 125.31 time for a fixed period not to exceed 14 days if a petition 125.32 alleging that the child is in need of protection or services has 125.33 been filed with the court and if the court determines, upon 125.34 informal review of the case file, that the renewal is 125.35 appropriate. [260.133, subd. 2] 125.36 Subd. 3. [SERVICE AND EXECUTION OF ORDER.] Any order 126.1 issued under this section or section 260C.201, subdivision 3, 126.2 shall be served personally upon the respondent. Where 126.3 necessary, the court shall order the sheriff or constable to 126.4 assist in service or execution of the order. [260.133, subd. 3] 126.5 Subd. 4. [MODIFICATION OF ORDER.] Upon application, notice 126.6 to all parties, and hearing, the court may modify the terms of 126.7 an existing order for protection issued under this section or 126.8 section 260C.201, subdivision 3. [260.133, subd. 4] 126.9 Subd. 5. [RIGHT TO APPLY FOR RELIEF.] The local welfare 126.10 agency's right to apply for relief on behalf of a child shall 126.11 not be affected by the child's leaving the dwelling or household 126.12 to avoid abuse. [260.133, subd. 5] 126.13 Subd. 6. [REAL ESTATE.] Nothing in this section or section 126.14 260C.201, subdivision 3, shall affect the title to real estate. 126.15 [260.133, subd. 6] 126.16 Subd. 7. [OTHER REMEDIES AVAILABLE.] Any relief ordered 126.17 under this section or section 260C.201, subdivision 3, shall be 126.18 in addition to other available civil or criminal remedies. 126.19 [260.133, subd. 7] 126.20 Subd. 8. [COPY TO LAW ENFORCEMENT AGENCY.] An order for 126.21 protection granted pursuant to this section or section 260C.201, 126.22 subdivision 3, shall be forwarded by the court administrator 126.23 within 24 hours to the local law enforcement agency with 126.24 jurisdiction over the residence of the child. 126.25 Each appropriate law enforcement agency shall make 126.26 available to other law enforcement officers through a system of 126.27 verification, information as to the existence and status of any 126.28 order for protection issued pursuant to this section or section 126.29 260C.201, subdivision 3. [260.133, subd. 8] 126.30 Sec. 9. [260C.151] [SUMMONS; NOTICE.] 126.31 Subdivision 1. [ISSUANCE OF SUMMONS.] After a petition has 126.32 been filed and unless the parties hereinafter named voluntarily 126.33 appear, the court shall set a time for a hearing and shall issue 126.34 a summons requiring the person who has custody or control of the 126.35 child to appear with the child before the court at a time and 126.36 place stated. The summons shall have a copy of the petition 127.1 attached, and shall advise the parties of the right to counsel 127.2 and of the consequences of failure to obey the summons. The 127.3 court shall give docket priority to any child in need of 127.4 protection or services or neglected and in foster care, that 127.5 contains allegations of child abuse over any other case. As 127.6 used in this subdivision, "child abuse" has the meaning given it 127.7 in section 630.36, subdivision 2. [260.135, subd. 1 (omitting 127.8 delinquency-related text)] 127.9 Subd. 2. [NOTICE OF PENDENCY OF CASE.] The court shall 127.10 have notice of the pendency of the case and of the time and 127.11 place of the hearing served upon a parent, guardian, or spouse 127.12 of the child, who has not been summoned as provided in 127.13 subdivision 1. For an Indian child, notice of all proceedings 127.14 must comply with the Indian Child Welfare Act of 1978, United 127.15 States Code, title 25, section 1901, et seq., and section 127.16 260.765. [260.135, subd. 2] 127.17 Subd. 3. [TERMINATION OF PARENTAL RIGHTS.] If a petition 127.18 alleging a child's need for protection or services, or a 127.19 petition to terminate parental rights is initiated by a person 127.20 other than a representative of the department of human services 127.21 or local social services agency, the court administrator shall 127.22 notify the local social services agency of the pendency of the 127.23 case and of the time and place appointed. [260.135, subd. 3] 127.24 Subd. 4. [ISSUANCE OF SUBPOENA.] The court may issue a 127.25 subpoena requiring the appearance of any other person whose 127.26 presence, in the opinion of the court, is necessary. [260.135, 127.27 subd. 4] 127.28 Subd. 5. [IMMEDIATE CUSTODY.] If it appears from the 127.29 notarized petition or by sworn affidavit that there are 127.30 reasonable grounds to believe the child is in surroundings or 127.31 conditions which endanger the child's health, safety or welfare 127.32 and require that the child's custody be immediately assumed by 127.33 the court, the court may order, by endorsement upon the summons, 127.34 that the officer serving the summons shall take the child into 127.35 immediate custody. [260.135, subd. 5] 127.36 Sec. 10. [260C.152] [SERVICE OF SUMMONS, NOTICE.] 128.1 Subdivision 1. [NOTICE IN LIEU OF SUMMONS; PERSONAL 128.2 SERVICE.] The service of a summons or a notice in lieu of 128.3 summons shall be as provided in the rules of juvenile 128.4 procedure. [260.141, subd. 1a] 128.5 Subd. 2. [SERVICE; FEES.] Service of summons, notice, or 128.6 subpoena required by sections 260C.151 to 260C.307 shall be made 128.7 by any suitable person under the direction of the court, and 128.8 upon request of the court shall be made by a probation officer 128.9 or any peace officer. The fees and mileage of witnesses shall 128.10 be paid by the county if the subpoena is issued by the court on 128.11 its own motion or at the request of the county attorney. All 128.12 other fees shall be paid by the party requesting the subpoena 128.13 unless otherwise ordered by the court. [260.141, subd. 2] 128.14 Subd. 3. [NOTIFICATION.] In any proceeding regarding a 128.15 child in need of protection or services in a state court, where 128.16 the court knows or has reason to know that an Indian child is 128.17 involved, the prosecuting authority seeking the foster care 128.18 placement of, or termination of parental rights to an Indian 128.19 child, shall notify the parent or Indian custodian and the 128.20 Indian child's tribe of the pending proceedings and of their 128.21 right of intervention. The notice must be provided by 128.22 registered mail with return receipt requested unless personal 128.23 service is accomplished. If the identity or location of the 128.24 parent or Indian custodian and the tribe cannot be determined, 128.25 the notice shall be given to the Secretary of the Interior of 128.26 the United States in like manner, according to the Indian Child 128.27 Welfare Act of 1978, United States Code, title 25, section 128.28 1912. No foster care placement proceeding or termination of 128.29 parental rights proceeding shall be held until at least ten days 128.30 after receipt of notice by the parent or Indian custodian and 128.31 the tribe or the Secretary. However, the parent or Indian 128.32 custodian or the tribe shall, upon request, be granted up to 20 128.33 additional days to prepare for the proceeding. [260.141, subd. 128.34 2a] 128.35 Subd. 4. [PROOF OF SERVICE.] Proof of the service required 128.36 by this section shall be made by the person having knowledge 129.1 thereof. [260.141, subd. 3] 129.2 Subd. 5. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 129.3 AND RELATIVES.] The foster parents, if any, of a child and any 129.4 preadoptive parent or relative providing care for the child must 129.5 be provided notice of and an opportunity to be heard in any 129.6 review or hearing to be held with respect to the child. Any 129.7 other relative may also request, and must be granted, a notice 129.8 and the opportunity to be heard under this section. This 129.9 subdivision does not require that a foster parent, preadoptive 129.10 parent, or relative providing care for the child be made a party 129.11 to a review or hearing solely on the basis of the notice and 129.12 opportunity to be heard. [260.141, subd. 4] 129.13 Sec. 11. [260C.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 129.14 CONTEMPT, ARREST.] 129.15 If any person personally served with summons or subpoena 129.16 fails, without reasonable cause, to appear or bring the child, 129.17 or if the court has reason to believe the person is avoiding 129.18 personal service, the person may be proceeded against for 129.19 contempt of court or the court may issue a warrant for the 129.20 person's arrest, or both. In any case when it appears to the 129.21 court that the service will be ineffectual, or that the welfare 129.22 of the child requires that the child be brought forthwith into 129.23 the custody of the court, the court may issue a warrant for 129.24 immediate custody of the child. [260.145 (omitting 129.25 delinquency-related text)] 129.26 Sec. 12. [260C.157] [INVESTIGATION; PHYSICAL AND MENTAL 129.27 EXAMINATION.] 129.28 Subdivision 1. [INVESTIGATION.] Upon request of the court 129.29 the local social services agency or probation officer shall 129.30 investigate the personal and family history and environment of 129.31 any minor coming within the jurisdiction of the court under 129.32 section 260C.101 and shall report its findings to the court. 129.33 The court may order any minor coming within its jurisdiction to 129.34 be examined by a duly qualified physician, psychiatrist, or 129.35 psychologist appointed by the court. 129.36 Adoption investigations shall be conducted in accordance 130.1 with the laws relating to adoptions. Any funds received under 130.2 the provisions of this subdivision shall not cancel until the 130.3 end of the fiscal year immediately following the fiscal year in 130.4 which the funds were received. The funds are available for use 130.5 by the commissioner of corrections during that period and are 130.6 hereby appropriated annually to the commissioner of corrections 130.7 as reimbursement of the costs of providing these services to the 130.8 juvenile courts. [260.151, subd. 1 (omitting 130.9 delinquency-related text)] 130.10 Subd. 2. [PETITION REQUIREMENT.] The court may proceed as 130.11 described in subdivision 1 only after a petition has been 130.12 filed. [260.151, subd. 2 (omitting delinquency-related text)] 130.13 Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The 130.14 local social services agency, at its option, may establish a 130.15 juvenile treatment screening team to conduct screenings and 130.16 prepare case plans under this subdivision. The team, which may 130.17 be the team constituted under section 245.4885 or 256B.092 or 130.18 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 130.19 social workers, juvenile justice professionals, and persons with 130.20 expertise in the treatment of juveniles who are emotionally 130.21 disabled, chemically dependent, or have a developmental 130.22 disability. The team shall involve parents or guardians in the 130.23 screening process as appropriate. 130.24 (b) This paragraph applies only in counties that have 130.25 established a juvenile treatment screening team under paragraph 130.26 (a). If the court, prior to, or as part of, a final 130.27 disposition, proposes to place a child for the primary purpose 130.28 of treatment for an emotional disturbance, a developmental 130.29 disability, or chemical dependency in a residential treatment 130.30 facility out of state or in one which is within the state and 130.31 licensed by the commissioner of human services under chapter 130.32 245A, the court shall notify the county welfare agency. The 130.33 county's juvenile treatment screening team must either: (1) 130.34 screen and evaluate the child and file its recommendations with 130.35 the court within 14 days of receipt of the notice; or (2) elect 130.36 not to screen a given case, and notify the court of that 131.1 decision within three working days. 131.2 (c) If the screening team has elected to screen and 131.3 evaluate the child, the child may not be placed for the primary 131.4 purpose of treatment for an emotional disturbance, a 131.5 developmental disability, or chemical dependency, in a 131.6 residential treatment facility out of state nor in a residential 131.7 treatment facility within the state that is licensed under 131.8 chapter 245A, unless one of the following conditions applies: 131.9 (1) a treatment professional certifies that an emergency 131.10 requires the placement of the child in a facility within the 131.11 state; 131.12 (2) the screening team has evaluated the child and 131.13 recommended that a residential placement is necessary to meet 131.14 the child's treatment needs and the safety needs of the 131.15 community, that it is a cost-effective means of meeting the 131.16 treatment needs, and that it will be of therapeutic value to the 131.17 child; or 131.18 (3) the court, having reviewed a screening team 131.19 recommendation against placement, determines to the contrary 131.20 that a residential placement is necessary. The court shall 131.21 state the reasons for its determination in writing, on the 131.22 record, and shall respond specifically to the findings and 131.23 recommendation of the screening team in explaining why the 131.24 recommendation was rejected. The attorney representing the 131.25 child and the prosecuting attorney shall be afforded an 131.26 opportunity to be heard on the matter. [260.151, subd. 3] 131.27 Sec. 13. [260C.161] [MENTAL HEALTH SCREENING OF CHILDREN.] 131.28 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 131.29 services, in cooperation with the commissioner of corrections, 131.30 shall establish pilot projects in counties to reduce the 131.31 recidivism rates of juvenile offenders, by identifying and 131.32 treating underlying mental health problems that contribute to 131.33 delinquent behavior and can be addressed through nonresidential 131.34 services. At least one of the pilot projects must be in the 131.35 seven-county metropolitan area and at least one must be in 131.36 greater Minnesota. [260.152, subd. 1] 132.1 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of 132.2 human services shall, in consultation with the Indian affairs 132.3 council, the council on affairs of Chicano/Latino people, the 132.4 council on Black Minnesotans, and the council on Asian-Pacific 132.5 Minnesotans, provide grants to the counties for the pilot 132.6 projects. The projects shall build upon the existing service 132.7 capabilities in the community and must include availability of 132.8 screening for mental health problems of children who are 132.9 reported as being or found to be in need of protection or 132.10 services. 132.11 (b) The projects must include referral for mental health 132.12 assessment of all children for whom the screening indicates a 132.13 need. This assessment is to be provided by the appropriate 132.14 mental health professional. If the child is of a minority race 132.15 or minority ethnic heritage, the mental health professional must 132.16 be skilled in and knowledgeable about the child's racial and 132.17 ethnic heritage, or must consult with a special mental health 132.18 consultant who has such knowledge so that the assessment is 132.19 relevant, culturally specific, and sensitive to the child's 132.20 cultural needs. 132.21 (c) Upon completion of the assessment, the project must 132.22 provide or ensure access to nonresidential mental health 132.23 services identified as needed in the assessment. [260.152, 132.24 subd. 2 (omitting delinquency-related text)] 132.25 Subd. 3. [SCREENING TOOL.] The commissioner of human 132.26 services and the commissioner of corrections, in consultation 132.27 with the Indian affairs council, the council on affairs of 132.28 Chicano/Latino people, the council on Black Minnesotans, and the 132.29 council on Asian-Pacific Minnesotans, shall jointly develop a 132.30 model screening tool to screen children to determine if a mental 132.31 health assessment is needed. This tool must contain specific 132.32 questions to identify potential mental health problems. In 132.33 implementing a pilot project, a county must either use this 132.34 model tool or another screening tool approved by the 132.35 commissioner of human services which meets the requirements of 132.36 this section. [260.152, subd. 3] 133.1 Subd. 4. [PROGRAM REQUIREMENTS.] To receive funds, the 133.2 county program proposal shall be a joint proposal with all 133.3 affected local agencies, resulting in part from consultation 133.4 with the local coordinating council established under section 133.5 245.4873, subdivision 3, and the local mental health advisory 133.6 council established under section 245.4875, subdivision 5, and 133.7 shall contain the following: 133.8 (1) evidence of interagency collaboration by all publicly 133.9 funded agencies serving children with emotional disturbances, 133.10 including evidence of consultation with the agencies listed in 133.11 this section; 133.12 (2) a signed agreement by the local court services and 133.13 local mental health and county social service agencies to work 133.14 together on the following: development of a program; 133.15 development of written interagency agreements and protocols to 133.16 ensure that the mental health needs of children in need of 133.17 protection or services are identified, addressed, and treated; 133.18 and development of a procedure for joint evaluation of the 133.19 program; 133.20 (3) a description of existing services that will be used in 133.21 this program; 133.22 (4) a description of additional services that will be 133.23 developed with program funds, including estimated costs and 133.24 numbers of children to be served; and 133.25 (5) assurances that funds received by a county under this 133.26 section will not be used to supplant existing mental health 133.27 funding for which the child is eligible. 133.28 The commissioner of human services and the commissioner of 133.29 corrections shall jointly determine the application form, 133.30 information needed, deadline for application, criteria for 133.31 awards, and a process for providing technical assistance and 133.32 training to counties. The technical assistance shall include 133.33 information about programs that have been successful in reducing 133.34 recidivism by juvenile offenders. [260.152, subd. 4 (omitting 133.35 delinquency-related text)] 133.36 Subd. 5. [INTERAGENCY AGREEMENTS.] To receive funds, the 134.1 county must agree to develop written interagency agreements 134.2 between local court services agencies and local county mental 134.3 health agencies within six months of receiving the initial 134.4 program funds. These agreements shall include a description of 134.5 each local agency's responsibilities, with a detailed assignment 134.6 of the tasks necessary to implement the program. The agreement 134.7 shall state how they will comply with the confidentiality 134.8 requirements of the participating local agencies. [260.152, 134.9 subd. 5] 134.10 Subd. 6. [EVALUATION.] The commissioner of human services 134.11 and the commissioner of corrections shall, in consultation with 134.12 the Indian affairs council, the council on affairs of 134.13 Chicano/Latino people, the council on Black Minnesotans, and the 134.14 council on Asian-Pacific Minnesotans, develop systems and 134.15 procedures for evaluating the pilot projects. The departments 134.16 must develop an interagency management information system to 134.17 track children who receive mental health services. The system 134.18 must be designed to meet the information needs of the agencies 134.19 involved and to provide a basis for evaluating outcome data. 134.20 The system must be designed to track the mental health treatment 134.21 of children released from custody and to improve the planning, 134.22 delivery, and evaluation of services and increase interagency 134.23 collaboration. The evaluation protocol must be designed to 134.24 measure the impact of the program on juvenile recidivism, school 134.25 performance, and state and county budgets. [260.152, subd. 6] 134.26 Sec. 14. [260C.163] [HEARING.] 134.27 Subdivision 1. [GENERAL.] (a) Except for hearings arising 134.28 under section 260C.425, hearings on any matter shall be without 134.29 a jury and may be conducted in an informal manner. In all 134.30 adjudicatory proceedings involving a child alleged to be in need 134.31 of protection or services, the court shall admit only evidence 134.32 that would be admissible in a civil trial. To be proved at 134.33 trial, allegations of a petition alleging a child to be in need 134.34 of protection or services must be proved by clear and convincing 134.35 evidence. 134.36 (b) Except for proceedings involving a child alleged to be 135.1 in need of protection or services and petitions for the 135.2 termination of parental rights, hearings may be continued or 135.3 adjourned from time to time. In proceedings involving a child 135.4 alleged to be in need of protection or services and petitions 135.5 for the termination of parental rights, hearings may not be 135.6 continued or adjourned for more than one week unless the court 135.7 makes specific findings that the continuance or adjournment is 135.8 in the best interests of the child. If a hearing is held on a 135.9 petition involving physical or sexual abuse of a child who is 135.10 alleged to be in need of protection or services or neglected and 135.11 in foster care, the court shall file the decision with the court 135.12 administrator as soon as possible but no later than 15 days 135.13 after the matter is submitted to the court. When a continuance 135.14 or adjournment is ordered in any proceeding, the court may make 135.15 any interim orders as it deems in the best interests of the 135.16 minor in accordance with the provisions of sections 260C.001 to 135.17 260C.421. 135.18 (c) Except as otherwise provided in this paragraph, the 135.19 court shall exclude the general public from hearings under this 135.20 chapter and shall admit only those persons who, in the 135.21 discretion of the court, have a direct interest in the case or 135.22 in the work of the court. 135.23 (d) Adoption hearings shall be conducted in accordance with 135.24 the provisions of laws relating to adoptions. [260.155, subd. 1 135.25 (omitting delinquency-related text)] 135.26 Subd. 2. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 135.27 who is the subject of a petition, and the parents, guardian, or 135.28 legal custodian of the child have the right to participate in 135.29 all proceedings on a petition. Official tribal representatives 135.30 have the right to participate in any proceeding that is subject 135.31 to the Indian Child Welfare Act of 1978, United States Code, 135.32 title 25, sections 1901 to 1963. 135.33 Any grandparent of the child has a right to participate in 135.34 the proceedings to the same extent as a parent, if the child has 135.35 lived with the grandparent within the two years preceding the 135.36 filing of the petition. At the first hearing following the 136.1 filing of a petition, the court shall ask whether the child has 136.2 lived with a grandparent within the last two years, except that 136.3 the court need not make this inquiry if the petition states that 136.4 the child did not live with a grandparent during this time 136.5 period. Failure to notify a grandparent of the proceedings is 136.6 not a jurisdictional defect. 136.7 If, in a proceeding involving a child in need of protection 136.8 or services, the local social service agency recommends transfer 136.9 of permanent legal and physical custody to a relative, the 136.10 relative has a right to participate as a party, and thereafter 136.11 shall receive notice of any hearing in the proceedings. 136.12 [260.155, subd. 1a] 136.13 Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 136.14 guardian or custodian has the right to effective assistance of 136.15 counsel in connection with a proceeding in juvenile court. 136.16 (b) If they desire counsel but are unable to employ it, the 136.17 court shall appoint counsel to represent the child or the 136.18 parents or guardian in any case in which it feels that such an 136.19 appointment is appropriate. 136.20 (c) Counsel for the child shall not also act as the child's 136.21 guardian ad litem. 136.22 (d) In any proceeding where the subject of a petition for a 136.23 child in need of protection or services is not represented by an 136.24 attorney, the court shall determine the child's preferences 136.25 regarding the proceedings, if the child is of suitable age to 136.26 express a preference. [260.155, subd. 2 (omitting 136.27 delinquency-related text)] 136.28 Subd. 4. [COUNTY ATTORNEY.] Except in adoption 136.29 proceedings, the county attorney shall present the evidence upon 136.30 request of the court. In representing the agency, the county 136.31 attorney shall also have the responsibility for advancing the 136.32 public interest in the welfare of the child. [260.155, subd. 3] 136.33 Subd. 5. [GUARDIAN AD LITEM.] (a) The court shall appoint 136.34 a guardian ad litem to protect the interests of the minor when 136.35 it appears, at any stage of the proceedings, that the minor is 136.36 without a parent or guardian, or that the minor's parent is a 137.1 minor or incompetent, or that the parent or guardian is 137.2 indifferent or hostile to the minor's interests, and in every 137.3 proceeding alleging a child's need for protection or services 137.4 under section 260C.007, subdivision 4. In any other case the 137.5 court may appoint a guardian ad litem to protect the interests 137.6 of the minor when the court feels that such an appointment is 137.7 desirable. The court shall appoint the guardian ad litem on its 137.8 own motion or in the manner provided for the appointment of a 137.9 guardian ad litem in the district court. The court may appoint 137.10 separate counsel for the guardian ad litem if necessary. 137.11 (b) A guardian ad litem shall carry out the following 137.12 responsibilities: 137.13 (1) conduct an independent investigation to determine the 137.14 facts relevant to the situation of the child and the family, 137.15 which must include, unless specifically excluded by the court, 137.16 reviewing relevant documents; meeting with and observing the 137.17 child in the home setting and considering the child's wishes, as 137.18 appropriate; and interviewing parents, caregivers, and others 137.19 with knowledge relevant to the case; 137.20 (2) advocate for the child's best interests by 137.21 participating in appropriate aspects of the case and advocating 137.22 for appropriate community services when necessary; 137.23 (3) maintain the confidentiality of information related to 137.24 a case, with the exception of sharing information as permitted 137.25 by law to promote cooperative solutions that are in the best 137.26 interests of the child; 137.27 (4) monitor the child's best interests throughout the 137.28 judicial proceeding; and 137.29 (5) present written reports on the child's best interests 137.30 that include conclusions and recommendations and the facts upon 137.31 which they are based. 137.32 (c) The court may waive the appointment of a guardian ad 137.33 litem pursuant to clause (a), whenever counsel has been 137.34 appointed pursuant to subdivision 2 or is retained otherwise, 137.35 and the court is satisfied that the interests of the minor are 137.36 protected. 138.1 (d) In appointing a guardian ad litem pursuant to clause 138.2 (a), the court shall not appoint the party, or any agent or 138.3 employee thereof, filing a petition pursuant to section 260C.141. 138.4 (e) The following factors shall be considered when 138.5 appointing a guardian ad litem in a case involving an Indian or 138.6 minority child: 138.7 (1) whether a person is available who is the same racial or 138.8 ethnic heritage as the child or, if that is not possible; 138.9 (2) whether a person is available who knows and appreciates 138.10 the child's racial or ethnic heritage. [260.155, subd. 4] 138.11 Subd. 6. [EXAMINATION OF CHILD.] In any child in need of 138.12 protection or services proceeding, neglected and in foster care, 138.13 or termination of parental rights proceeding the court may, on 138.14 its own motion or the motion of any party, take the testimony of 138.15 a child witness informally when it is in the child's best 138.16 interests to do so. Informal procedures that may be used by the 138.17 court include taking the testimony of a child witness outside 138.18 the courtroom. The court may also require counsel for any party 138.19 to the proceeding to submit questions to the court before the 138.20 child's testimony is taken, and to submit additional questions 138.21 to the court for the witness after questioning has been 138.22 completed. The court may excuse the presence of the child's 138.23 parent, guardian, or custodian from the room where the child is 138.24 questioned in accordance with subdivision 5. [260.155, subd. 138.25 4a] 138.26 Subd. 7. [WAIVING THE PRESENCE OF CHILD, PARENT.] The 138.27 court may waive the presence of the minor in court at any stage 138.28 of the proceedings when it is in the best interests of the minor 138.29 to do so. In any proceeding, the court may temporarily excuse 138.30 the presence of the parent or guardian of a minor from the 138.31 hearing when it is in the best interests of the minor to do so. 138.32 The attorney or guardian ad litem, if any, has the right to 138.33 continue to participate in proceedings during the absence of the 138.34 minor, parent, or guardian. [260.155, subd. 5 (omitting 138.35 delinquency-related text)] 138.36 Subd. 8. [RIGHTS OF THE PARTIES AT THE HEARING.] The minor 139.1 and the minor's parent, guardian, or custodian are entitled to 139.2 be heard, to present evidence material to the case, and to cross 139.3 examine witnesses appearing at the hearing. [260.155, subd. 6] 139.4 Subd. 9. [FACTORS IN DETERMINING NEGLECT.] In determining 139.5 whether a child is neglected and in foster care, the court shall 139.6 consider, among other factors, the following: 139.7 (1) the length of time the child has been in foster care; 139.8 (2) the effort the parent has made to adjust circumstances, 139.9 conduct, or condition that necessitates the removal of the child 139.10 to make it in the child's best interest to be returned to the 139.11 parent's home in the foreseeable future, including the use of 139.12 rehabilitative services offered to the parent; 139.13 (3) whether the parent has visited the child within the 139.14 three months preceding the filing of the petition, unless 139.15 extreme financial or physical hardship or treatment for mental 139.16 disability or chemical dependency or other good cause prevented 139.17 the parent from visiting the child or it was not in the best 139.18 interests of the child to be visited by the parent; 139.19 (4) the maintenance of regular contact or communication 139.20 with the agency or person temporarily responsible for the child; 139.21 (5) the appropriateness and adequacy of services provided 139.22 or offered to the parent to facilitate a reunion; 139.23 (6) whether additional services would be likely to bring 139.24 about lasting parental adjustment enabling a return of the child 139.25 to the parent within an ascertainable period of time, whether 139.26 the services have been offered to the parent, or, if services 139.27 were not offered, the reasons they were not offered; and 139.28 (7) the nature of the efforts made by the responsible 139.29 social service agency to rehabilitate and reunite the family, 139.30 and whether the efforts were reasonable. [260.155, subd. 7] 139.31 Subd. 10. [WAIVER.] (a) Waiver of any right which a child 139.32 has under this chapter must be an express waiver voluntarily and 139.33 intelligently made by the child after the child has been fully 139.34 and effectively informed of the right being waived. If a child 139.35 is not represented by counsel, any waiver must be given or any 139.36 objection must be offered by the child's guardian ad litem. 140.1 (b) Waiver of a child's right to be represented by counsel 140.2 provided under the juvenile court rules must be an express 140.3 waiver voluntarily and intelligently made by the child after the 140.4 child has been fully and effectively informed of the right being 140.5 waived. In determining whether a child has voluntarily and 140.6 intelligently waived the right to counsel, the court shall look 140.7 to the totality of the circumstances which includes but is not 140.8 limited to the child's age, maturity, intelligence, education, 140.9 experience, and ability to comprehend, and the presence and 140.10 competence of the child's parents, guardian, or guardian ad 140.11 litem. If the court accepts the child's waiver, it shall state 140.12 on the record the findings and conclusions that form the basis 140.13 for its decision to accept the waiver. [260.155, subd. 8] 140.14 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 140.15 NEGLECT.] A child's absence from school is presumed to be due to 140.16 the parent's, guardian's, or custodian's failure to comply with 140.17 compulsory instruction laws if the child is under 12 years old 140.18 and the school has made appropriate efforts to resolve the 140.19 child's attendance problems; this presumption may be rebutted 140.20 based on a showing by clear and convincing evidence that the 140.21 child is habitually truant. A child's absence from school 140.22 without lawful excuse, when the child is 12 years old or older, 140.23 is presumed to be due to the child's intent to be absent from 140.24 school; this presumption may be rebutted based on a showing by 140.25 clear and convincing evidence that the child's absence is due to 140.26 the failure of the child's parent, guardian, or custodian to 140.27 comply with compulsory instruction laws, sections 120.101 and 140.28 120.102. [260.15, subd. 9] 140.29 Sec. 15. [260C.165] [CERTAIN OUT-OF-COURT STATEMENTS 140.30 ADMISSIBLE.] 140.31 An out-of-court statement not otherwise admissible by 140.32 statute or rule of evidence, is admissible in evidence in any 140.33 child in need of protection or services, neglected and in foster 140.34 care, or domestic child abuse proceeding or any proceeding for 140.35 termination of parental rights if: 140.36 (a) the statement was made by a child under the age of ten 141.1 years or by a child ten years of age or older who is mentally 141.2 impaired, as defined in section 609.341, subdivision 6; 141.3 (b) the statement alleges, explains, denies, or describes: 141.4 (1) any act of sexual penetration or contact performed with 141.5 or on the child; 141.6 (2) any act of sexual penetration or contact with or on 141.7 another child observed by the child making the statement; 141.8 (3) any act of physical abuse or neglect of the child by 141.9 another; or 141.10 (4) any act of physical abuse or neglect of another child 141.11 observed by the child making the statement; 141.12 (c) the court finds that the time, content, and 141.13 circumstances of the statement and the reliability of the person 141.14 to whom the statement is made provide sufficient indicia of 141.15 reliability; and 141.16 (d) the proponent of the statement notifies other parties 141.17 of an intent to offer the statement and the particulars of the 141.18 statement sufficiently in advance of the proceeding at which the 141.19 proponent intends to offer the statement into evidence, to 141.20 provide the parties with a fair opportunity to meet the 141.21 statement. 141.22 For purposes of this section, an out-of-court statement 141.23 includes a video, audio, or other recorded statement. [260.156] 141.24 Sec. 16. [260C.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 141.25 ACT.] 141.26 The provisions of this chapter must be construed 141.27 consistently with the Indian Child Welfare Act of 1978, United 141.28 States Code, title 25, sections 1901 to 1963. [260.157] 141.29 Sec. 17. [260C.171] [RECORDS.] 141.30 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] The juvenile 141.31 court judge shall keep such minutes and in such manner as the 141.32 court deems necessary and proper. The juvenile court shall 141.33 provide, upon the request of any other juvenile court, copies of 141.34 the records concerning adjudications involving the particular 141.35 child. 141.36 The court shall also keep an index in which files 142.1 pertaining to juvenile matters shall be indexed under the name 142.2 of the child. After the name of each file shall be shown the 142.3 file number and, if ordered by the court, the book and page of 142.4 the register in which the documents pertaining to such file are 142.5 listed. The court shall also keep a register properly indexed 142.6 in which shall be listed under the name of the child all 142.7 documents filed pertaining to the child and in the order filed. 142.8 The list shall show the name of the document and the date of 142.9 filing thereof. The juvenile court legal records shall be 142.10 deposited in files and shall include the petition, summons, 142.11 notice, findings, orders, decrees, judgments, and motions and 142.12 such other matters as the court deems necessary and proper. 142.13 Unless otherwise provided by law, all court records shall be 142.14 open at all reasonable times to the inspection of any child to 142.15 whom the records relate, and to the child's parent and guardian. 142.16 [260.161, subd. 1 (omitting delinquency-related text)] 142.17 Subd. 2. [PUBLIC INSPECTION OF RECORDS.] (a) The following 142.18 records from proceedings or portions of proceedings involving a 142.19 child in need of protection or services that are open to the 142.20 public as authorized by supreme court order and court rules are 142.21 accessible to the public unless the court determines that access 142.22 should be restricted because of the intensely personal nature of 142.23 the information: 142.24 (1) the summons and petition; 142.25 (2) affidavits of publication and service; 142.26 (3) certificates of representation; 142.27 (4) court orders; 142.28 (5) hearing and trial notices, witness lists, and 142.29 subpoenas; 142.30 (6) motions and legal memoranda; 142.31 (7) exhibits introduced at hearings or trial that are not 142.32 inaccessible under paragraph (b); 142.33 (8) birth certificates; and 142.34 (9) all other documents not listed as inaccessible to the 142.35 public under paragraph (b). 142.36 (b) The following records are not accessible to the public 143.1 under paragraph (a): 143.2 (1) written, audiotaped, or videotaped information from the 143.3 social service agency, except to the extent the information 143.4 appears in the petition, court orders, or other documents that 143.5 are accessible under paragraph (a); 143.6 (2) child protection intake or screening notes; 143.7 (3) documents identifying reporters of maltreatment, unless 143.8 the names and other identifying information are redacted; 143.9 (4) guardian ad litem reports; 143.10 (5) victim statements and addresses and telephone numbers; 143.11 (6) documents identifying nonparty witnesses under the age 143.12 of 18, unless the names and other identifying information are 143.13 redacted; 143.14 (7) transcripts of testimony taken during closed hearing; 143.15 (8) fingerprinting materials; 143.16 (9) psychological, psychiatric, and chemical dependency 143.17 evaluations; 143.18 (10) presentence evaluations of juveniles and probation 143.19 reports; 143.20 (11) medical records and test results; 143.21 (12) reports issued by sexual predator programs; 143.22 (13) diversion records of juveniles; 143.23 (14) any document which the court, upon its own motion or 143.24 upon motion of a party, orders inaccessible to serve the best 143.25 interests of the child; and 143.26 (15) any other records that are not accessible to the 143.27 public under rules developed by the courts. 143.28 In addition, records that are accessible to the public 143.29 under paragraph (a) become inaccessible to the public if one 143.30 year has elapsed since either the proceeding was dismissed or 143.31 the court's jurisdiction over the matter was terminated. 143.32 (c) Except as otherwise provided by this section, none of 143.33 the records of the juvenile court and none of the records 143.34 relating to an appeal from a nonpublic juvenile court 143.35 proceeding, except the written appellate opinion, shall be open 143.36 to public inspection or their contents disclosed except by order 144.1 of a court. 144.2 (d) The records of juvenile probation officers are records 144.3 of the court for the purposes of this subdivision. This 144.4 subdivision applies to all proceedings under this chapter, 144.5 including appeals from orders of the juvenile court. The court 144.6 shall maintain the confidentiality of adoption files and records 144.7 in accordance with the provisions of laws relating to 144.8 adoptions. In juvenile court proceedings any report or social 144.9 history furnished to the court shall be open to inspection by 144.10 the attorneys of record and the guardian ad litem a reasonable 144.11 time before it is used in connection with any proceeding before 144.12 the court. 144.13 (e) When a judge of a juvenile court, or duly authorized 144.14 agent of the court, determines under a proceeding under this 144.15 chapter that a child has violated a state or local law, 144.16 ordinance, or regulation pertaining to the operation of a motor 144.17 vehicle on streets and highways, except parking violations, the 144.18 judge or agent shall immediately report the violation to the 144.19 commissioner of public safety. The report must be made on a 144.20 form provided by the department of public safety and must 144.21 contain the information required under section 169.95. 144.22 [260.161, subd. 2 (omitting delinquency-related text)] 144.23 Subd. 3. [ATTORNEY ACCESS TO RECORDS.] An attorney 144.24 representing a child, parent, or guardian ad litem in a 144.25 proceeding under this chapter shall be given access to records, 144.26 local social service agency files, and reports which form the 144.27 basis of any recommendation made to the court. An attorney does 144.28 not have access under this subdivision to the identity of a 144.29 person who made a report under section 626.556. The court may 144.30 issue protective orders to prohibit an attorney from sharing a 144.31 specified record or portion of a record with a client other than 144.32 a guardian ad litem. [260.161, subd. 3a] 144.33 Subd. 4. [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 144.34 PROTECTION OR SERVICES.] In a county in which the county 144.35 attorney refers children who are in need of protection or 144.36 services to community programs, the county attorney may provide 145.1 a community program with data on a child who is a participant or 145.2 being considered for participation in the program. [260.161, 145.3 subd. 3b] 145.4 Subd. 5. [FURTHER RELEASE OF RECORDS.] A person who 145.5 receives access to juvenile court or peace officer records of 145.6 children that are not accessible to the public may not release 145.7 or disclose the records to any other person except as authorized 145.8 by law. This subdivision does not apply to the child who is the 145.9 subject of the records or the child's parent or guardian. 145.10 [260.161, subd. 5] 145.11 Sec. 18. [260C.175] [TAKING CHILD INTO CUSTODY.] 145.12 Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken 145.13 into immediate custody except: 145.14 (a) with an order issued by the court in accordance with 145.15 the provisions of section 260.135, subdivision 5, or Laws 1997, 145.16 chapter 239, article 10, section 10, paragraph (a), clause (3), 145.17 or 12, paragraph (a), clause (3), or by a warrant issued in 145.18 accordance with the provisions of section 260.145; or 145.19 (b) by a peace officer: 145.20 (1) when a child has run away from a parent, guardian, or 145.21 custodian, or when the peace officer reasonably believes the 145.22 child has run away from a parent, guardian, or custodian; or 145.23 (2) when a child is found in surroundings or conditions 145.24 which endanger the child's health or welfare or which such peace 145.25 officer reasonably believes will endanger the child's health or 145.26 welfare. If an Indian child is a resident of a reservation or 145.27 is domiciled on a reservation but temporarily located off the 145.28 reservation, the taking of the child into custody under this 145.29 clause shall be consistent with the Indian Child Welfare Act of 145.30 1978, United States Code, title 25, section 1922; 145.31 (c) by a peace officer or probation officer under section 145.32 260C.143, subdivision 1 or 4. [260.165, subd. 1 (omitting 145.33 delinquency-related text)] 145.34 Subd. 2. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 145.35 officer takes a child into custody for shelter care or relative 145.36 placement pursuant to subdivision 1; section 260C.151, 146.1 subdivision 5; or section 260C.154, the officer shall notify the 146.2 parent or custodian that under section 260C.181, subdivision 2, 146.3 the parent or custodian may request that the child be placed 146.4 with a relative or a designated caregiver under chapter 257A 146.5 instead of in a shelter care facility. The officer also shall 146.6 give the parent or custodian of the child a list of names, 146.7 addresses, and telephone numbers of social service agencies that 146.8 offer child welfare services. If the parent or custodian was 146.9 not present when the child was removed from the residence, the 146.10 list shall be left with an adult on the premises or left in a 146.11 conspicuous place on the premises if no adult is present. If 146.12 the officer has reason to believe the parent or custodian is not 146.13 able to read and understand English, the officer must provide a 146.14 list that is written in the language of the parent or 146.15 custodian. The list shall be prepared by the commissioner of 146.16 human services. The commissioner shall prepare lists for each 146.17 county and provide each county with copies of the list without 146.18 charge. The list shall be reviewed annually by the commissioner 146.19 and updated if it is no longer accurate. Neither the 146.20 commissioner nor any peace officer or the officer's employer 146.21 shall be liable to any person for mistakes or omissions in the 146.22 list. The list does not constitute a promise that any agency 146.23 listed will in fact assist the parent or custodian. [260.165, 146.24 subd. 3] 146.25 Subd. 3. [PROTECTIVE PAT-DOWN SEARCH OF CHILD 146.26 AUTHORIZED.] (a) A peace officer who takes a child of any age or 146.27 gender into custody under the provisions of this section is 146.28 authorized to perform a protective pat-down search of the child 146.29 in order to protect the officer's safety. 146.30 (b) A peace officer also may perform a protective pat-down 146.31 search of a child in order to protect the officer's safety in 146.32 circumstances where the officer does not intend to take the 146.33 child into custody, if this section authorizes the officer to 146.34 take the child into custody. 146.35 (c) Evidence discovered in the course of a lawful search 146.36 under this section is admissible. [260.165, subd. 2a] 147.1 Sec. 19. [260C.176] [RELEASE OR DETENTION.] 147.2 Subdivision 1. [NOTICE; RELEASE.] If a child is taken into 147.3 custody as provided in section 260C.175, the parent, guardian, 147.4 or custodian of the child shall be notified as soon as possible. 147.5 Unless there is reason to believe that the child would endanger 147.6 self or others, not return for a court hearing, run away from 147.7 the child's parent, guardian, or custodian or otherwise not 147.8 remain in the care or control of the person to whose lawful 147.9 custody the child is released, or that the child's health or 147.10 welfare would be immediately endangered, the child shall be 147.11 released to the custody of a parent, guardian, custodian, or 147.12 other suitable person. When a child is taken into custody by a 147.13 peace officer under section 260C.175, subdivision 1, clause 147.14 (c)(2), release from detention may be authorized by the 147.15 detaining officer, the detaining officer's supervisor, or the 147.16 county attorney. If the social service agency has determined 147.17 that the child's health or welfare will not be endangered and 147.18 the provision of appropriate and available services will 147.19 eliminate the need for placement, the agency shall request 147.20 authorization for the child's release from detention. The 147.21 person to whom the child is released shall promise to bring the 147.22 child to the court, if necessary, at the time the court may 147.23 direct. If the person taking the child into custody believes it 147.24 desirable, that person may request the parent, guardian, 147.25 custodian, or other person designated by the court to sign a 147.26 written promise to bring the child to court as provided above. 147.27 The intentional violation of such a promise, whether given 147.28 orally or in writing, shall be punishable as contempt of court. 147.29 The court may require the parent, guardian, custodian, or 147.30 other person to whom the child is released, to post any 147.31 reasonable bail or bond required by the court which shall be 147.32 forfeited to the court if the child does not appear as 147.33 directed. The court may also release the child on the child's 147.34 own promise to appear in juvenile court. [260.171, subd. 1] 147.35 Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not 147.36 released as provided in subdivision 1, the person taking the 148.1 child into custody shall notify the court as soon as possible of 148.2 the detention of the child and the reasons for detention. 148.3 (b) No child taken into custody and placed in a shelter 148.4 care facility or relative's home by a peace officer pursuant to 148.5 section 260C.175, subdivision 1, clause (a) or (c)(2), may be 148.6 held in custody longer than 72 hours, excluding Saturdays, 148.7 Sundays and holidays, unless a petition has been filed and the 148.8 judge or referee determines pursuant to section 260C.178 that 148.9 the child shall remain in custody or unless the court has made a 148.10 finding of domestic abuse perpetrated by a minor after a hearing 148.11 under Laws 1997, chapter 239, article 10, sections 2 to 26, in 148.12 which case the court may extend the period of detention for an 148.13 additional seven days, within which time the social service 148.14 agency shall conduct an assessment and shall provide 148.15 recommendations to the court regarding voluntary services or 148.16 file a child in need of protection or services petition. 148.17 [260.171, subd. 2 (omitting delinquency-related text)] 148.18 Subd. 3. [ADVISEMENT IF DETAINED.] If the person who has 148.19 taken the child into custody determines that the child should be 148.20 placed in a secure detention facility or a shelter care 148.21 facility, that person shall advise the child and as soon as is 148.22 possible, the child's parent, guardian, or custodian: 148.23 (a) of the reasons why the child has been taken into 148.24 custody and why the child is being placed in a juvenile secure 148.25 detention facility or a shelter care facility; 148.26 (b) of the location of the juvenile secure detention 148.27 facility or a shelter care facility. If there is reason to 148.28 believe that disclosure of the location of the shelter care 148.29 facility would place the child's health and welfare in immediate 148.30 endangerment, disclosure of the location of the shelter care 148.31 facility shall not be made; 148.32 (c) that the child's parent, guardian, or custodian and 148.33 attorney or guardian ad litem may make an initial visit to the 148.34 juvenile secure detention facility or shelter care facility at 148.35 any time. Subsequent visits by a parent, guardian, or custodian 148.36 may be made on a reasonable basis during visiting hours and by 149.1 the child's attorney or guardian ad litem at reasonable hours; 149.2 (d) that the child may telephone parents and an attorney or 149.3 guardian ad litem from the juvenile secure detention facility or 149.4 shelter care facility immediately after being admitted to the 149.5 facility and thereafter on a reasonable basis to be determined 149.6 by the director of the facility; 149.7 (e) that the child may not be detained pursuant to section 149.8 260C.175, subdivision 1, clause (a) or (c)(2), at a shelter care 149.9 facility longer than 72 hours, excluding Saturdays, Sundays, and 149.10 holidays, unless a petition has been filed within that time and 149.11 the court orders the child's continued detention, pursuant to 149.12 section 260C.178; 149.13 (f) of the date, time, and place of the detention hearing, 149.14 if this information is available to the person who has taken the 149.15 child into custody; and 149.16 (g) that the child and the child's parent, guardian, or 149.17 custodian have the right to be present and to be represented by 149.18 counsel at the detention hearing, and that if they cannot afford 149.19 counsel, counsel will be appointed at public expense for the 149.20 child, or for any party, if it is a child in need of protection 149.21 or services, neglected and in foster care, or termination of 149.22 parental rights matter. [260.171, subd. 4 (omitting 149.23 delinquency-related text)] 149.24 Subd. 4. [TRANSPORTATION.] If a child is to be detained in 149.25 a secure detention facility or a shelter care facility, the 149.26 child shall be promptly transported to the facility in a manner 149.27 approved by the facility or by securing a written transportation 149.28 order from the court authorizing transportation by the sheriff 149.29 or other qualified person. The person who has determined that 149.30 the child should be detained shall deliver to the court and the 149.31 supervisor of the secure detention facility or shelter care 149.32 facility where the child is placed, a signed report, setting 149.33 forth: 149.34 (a) the time the child was taken into custody; 149.35 (b) the time the child was delivered for transportation to 149.36 the secure detention facility or shelter care facility; 150.1 (c) the reasons why the child was taken into custody; 150.2 (d) the reasons why the child has been placed in detention; 150.3 (e) a statement that the child and the child's parent have 150.4 received the notification required by subdivision 4 or the 150.5 reasons why they have not been so notified; and 150.6 (f) any instructions required by subdivision 5a. [260.171, 150.7 subd. 5 (omitting delinquency-related text)] 150.8 Subd. 5. [SHELTER CARE; NOTICE TO PARENT.] When a child is 150.9 to be placed in a shelter care facility the person taking the 150.10 child into custody or the court shall determine whether or not 150.11 there is reason to believe that disclosure of the shelter care 150.12 facility's location to the child's parent, guardian, or 150.13 custodian would immediately endanger the health and welfare of 150.14 the child. If there is reason to believe that the child's 150.15 health and welfare would be immediately endangered, disclosure 150.16 of the location shall not be made. This determination shall be 150.17 included in the report required by subdivision 5, along with 150.18 instructions to the shelter care facility to notify or withhold 150.19 notification. [260.171, subd. 5a] 150.20 Subd. 6. [REPORT.] (a) When a child has been delivered to 150.21 a secure detention facility, the supervisor of the facility 150.22 shall deliver to the court a signed report acknowledging receipt 150.23 of the child stating the time of the child's arrival. The 150.24 supervisor of the facility shall ascertain from the report of 150.25 the person who has taken the child into custody whether the 150.26 child and a parent, guardian, or custodian has received the 150.27 notification required by subdivision 4. If the child or a 150.28 parent, guardian, or custodian, or both, have not been so 150.29 notified, the supervisor of the facility shall immediately make 150.30 the notification, and shall include in the report to the court a 150.31 statement that notification has been received or the reasons why 150.32 it has not. 150.33 (b) When a child has been delivered to a shelter care 150.34 facility, the supervisor of the facility shall deliver to the 150.35 court a signed report acknowledging receipt of the child stating 150.36 the time of the child's arrival. The supervisor of the facility 151.1 shall ascertain from the report of the person who has taken the 151.2 child into custody whether the child's parent, guardian or 151.3 custodian has been notified of the placement of the child at the 151.4 shelter care facility and its location, and the supervisor shall 151.5 follow any instructions concerning notification contained in 151.6 that report. [260.171, subd. 6] 151.7 Sec. 20. [260C.178] [DETENTION HEARING.] 151.8 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If 151.9 a child was taken into custody under section 260C.175, 151.10 subdivision 1, clause (a) or (c)(2), the court shall hold a 151.11 hearing within 72 hours of the time the child was taken into 151.12 custody, excluding Saturdays, Sundays, and holidays, to 151.13 determine whether the child should continue in custody. 151.14 (b) Unless there is reason to believe that the child would 151.15 endanger self or others, not return for a court hearing, run 151.16 away from the child's parent, guardian, or custodian or 151.17 otherwise not remain in the care or control of the person to 151.18 whose lawful custody the child is released, or that the child's 151.19 health or welfare would be immediately endangered, the child 151.20 shall be released to the custody of a parent, guardian, 151.21 custodian, or other suitable person, subject to reasonable 151.22 conditions of release including, but not limited to, a 151.23 requirement that the child undergo a chemical use assessment as 151.24 provided in section 260C.157, subdivision 1. In determining 151.25 whether the child's health or welfare would be immediately 151.26 endangered, the court shall consider whether the child would 151.27 reside with a perpetrator of domestic child abuse. In a 151.28 proceeding regarding a child in need of protection or services, 151.29 the court, before determining whether a child should continue in 151.30 custody, shall also make a determination, consistent with 151.31 section 260.012 as to whether reasonable efforts, or in the case 151.32 of an Indian child, active efforts, according to the Indian 151.33 Child Welfare Act of 1978, United States Code, title 25, section 151.34 1912(d), were made to prevent placement or to reunite the child 151.35 with the child's family, or that reasonable efforts were not 151.36 possible. The court shall also determine whether there are 152.1 available services that would prevent the need for further 152.2 detention. 152.3 If the court finds the social services agency's preventive 152.4 or reunification efforts have not been reasonable but further 152.5 preventive or reunification efforts could not permit the child 152.6 to safely remain at home, the court may nevertheless authorize 152.7 or continue the removal of the child. 152.8 The court may determine at the detention hearing, or at any 152.9 time prior to an adjudicatory hearing, that reasonable efforts 152.10 are not required because the facts, if proved, will demonstrate 152.11 that the parent has subjected the child to egregious harm as 152.12 defined in section 260C.007, subdivision 25, or the parental 152.13 rights of the parent to a sibling of the child have been 152.14 terminated involuntarily. [260.172, subd. 1 (omitting 152.15 delinquency-related text)] 152.16 Subd. 2. [DURATION.] If the court determines that the 152.17 child should continue in detention, it may order detention 152.18 continued for eight days, excluding Saturdays, Sundays and 152.19 holidays, from and including the date of the order. The court 152.20 shall include in its order the reasons for continued detention 152.21 and the findings of fact which support these reasons. [260.172, 152.22 subd. 2 (omitting delinquency-related text)] 152.23 Subd. 3. [PARENTAL VISITATION.] If a child has been taken 152.24 into custody under section 260C.151, subdivision 5, or 260C.175, 152.25 subdivision 1, clause (c)(2), and the court determines that the 152.26 child should continue in detention, the court shall include in 152.27 its order reasonable rules for supervised or unsupervised 152.28 parental visitation of the child in the shelter care facility 152.29 unless it finds that visitation would endanger the child's 152.30 physical or emotional well-being. [260.172, subd. 2a] 152.31 Subd. 4. [MENTAL HEALTH TREATMENT.] (a) Except as provided 152.32 in paragraph (b), a child who is held in detention as an alleged 152.33 victim of child abuse as defined in section 630.36, subdivision 152.34 2, may not be given mental health treatment specifically for the 152.35 effects of the alleged abuse until the court finds that there is 152.36 probable cause to believe the abuse has occurred. 153.1 (b) A child described in paragraph (a) may be given mental 153.2 health treatment prior to a probable cause finding of child 153.3 abuse if the treatment is either agreed to by the child's parent 153.4 or guardian in writing, or ordered by the court according to the 153.5 standard contained in section 260C.201, subdivision 1. 153.6 [260.172, subd. 2b] 153.7 Subd. 5. [COPIES OF ORDER.] Copies of the court's order 153.8 shall be served upon the parties, including the supervisor of 153.9 the detention facility, who shall release the child or continue 153.10 to hold the child as the court orders. 153.11 When the court's order is served upon these parties, notice 153.12 shall also be given to the parties of the subsequent reviews 153.13 provided by subdivision 4. The notice shall also inform each 153.14 party of the right to submit to the court for informal review 153.15 any new evidence regarding whether the child should be continued 153.16 in detention and to request a hearing to present the evidence to 153.17 the court. [260.172, subd. 3] 153.18 Subd. 6. [REVIEW.] If a child held in detention under a 153.19 court order issued under subdivision 2 has not been released 153.20 prior to expiration of the order, the court or referee shall 153.21 informally review the child's case file to determine, under the 153.22 standards provided by subdivision 1, whether detention should be 153.23 continued. If detention is continued thereafter, informal 153.24 reviews such as these shall be held within every eight days, 153.25 excluding Saturdays, Sundays and holidays, of the child's 153.26 detention. 153.27 A hearing, rather than an informal review of the child's 153.28 case file, shall be held at the request of any one of the 153.29 parties notified pursuant to subdivision 5, if that party 153.30 notifies the court of a wish to present to the court new 153.31 evidence concerning whether the child should be continued in 153.32 detention or notifies the court of a wish to present an 153.33 alternate placement arrangement to provide for the safety and 153.34 protection of the child. 153.35 In addition, if a child was taken into detention under 153.36 section 260C.151, subdivision 5, or 260C.175, subdivision 1, 154.1 clause (c)(2), and is held in detention under a court order 154.2 issued under subdivision 2, the court shall schedule and hold an 154.3 adjudicatory hearing on the petition within 60 days of the 154.4 detention hearing upon the request of any party to the 154.5 proceeding. However, if good cause is shown by a party to the 154.6 proceeding why the hearing should not be held within that time 154.7 period, the hearing shall be held within 90 days, unless the 154.8 parties agree otherwise and the court so orders. [260.172, 154.9 subd. 4] 154.10 Sec. 21. [260C.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 154.11 CARE FACILITY.] 154.12 Subdivision 1. [TEMPORARY CUSTODY.] A child taken into 154.13 custody pursuant to section 260C.175 may be detained for up to 154.14 24 hours in a shelter care facility, secure detention facility, 154.15 or, if there is no secure detention facility available for use 154.16 by the county having jurisdiction over the child, in a jail or 154.17 other facility for the confinement of adults who have been 154.18 charged with or convicted of a crime in quarters separate from 154.19 any adult confined in the facility which has been approved for 154.20 the detention of juveniles by the commissioner of corrections. 154.21 At the end of the 24 hour detention any child requiring further 154.22 detention may be detained only as provided in this section. 154.23 [260.173, subd. 1] 154.24 Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the 154.25 provisions of subdivision 1, if the child had been taken into 154.26 custody pursuant to section 260C.175, subdivision 1, clause (a) 154.27 or clause (c)(2), and is not alleged to be delinquent, the child 154.28 shall be detained in the least restrictive setting consistent 154.29 with the child's health and welfare and in closest proximity to 154.30 the child's family as possible. Placement may be with a child's 154.31 relative, a designated caregiver under chapter 257A, or in a 154.32 shelter care facility. The placing officer shall comply with 154.33 this section and shall document why a less restrictive setting 154.34 will or will not be in the best interests of the child for 154.35 placement purposes. [260.173, subd. 2] 154.36 Subd. 3. [PLACEMENT.] If the child had been taken into 155.1 custody and detained as one who is alleged to be in need of 155.2 protection or services under section 260C.007, subdivision 4, 155.3 clause (11) or (12), by reason of having been adjudicated, in 155.4 need of protection or services under section 260C.007, 155.5 subdivision 4, clause (11) or (12), or conditionally released by 155.6 the juvenile court without adjudication, has violated probation, 155.7 parole, or other field supervision under which the child had 155.8 been placed as a result of behavior described in this 155.9 subdivision; the child may be placed only in a shelter care 155.10 facility. [260.173, subd. 3 (omitting delinquency-related 155.11 text)] 155.12 Sec. 22. [260C.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 155.13 FOR MEDICAL CARE.] 155.14 Subdivision 1. [MEDICAL AID.] If a child is taken into 155.15 custody as provided in section 260C.175 and detained in a local 155.16 juvenile secure detention facility or a shelter care facility, 155.17 the child's county of residence shall pay the costs of medical 155.18 services provided to the child during the period of time the 155.19 child is residing in the facility. The county of residence is 155.20 entitled to reimbursement from the child or the child's family 155.21 for payment of medical bills to the extent that the child or the 155.22 child's family has the ability to pay for the medical services. 155.23 If there is a disagreement between the county and the child or 155.24 the child's family concerning the ability to pay or whether the 155.25 medical services were necessary, the court with jurisdiction 155.26 over the child shall determine the extent, if any, of the 155.27 child's or the family's ability to pay for the medical services 155.28 or whether the services are necessary. If the child is covered 155.29 by health or medical insurance or a health plan when medical 155.30 services are provided, the county paying the costs of medical 155.31 services has a right of subrogation to be reimbursed by the 155.32 insurance carrier or health plan for all amounts spent by it for 155.33 medical services to the child that are covered by the insurance 155.34 policy or health plan, in accordance with the benefits, 155.35 limitations, exclusions, provider restrictions, and other 155.36 provisions of the policy or health plan. The county may 156.1 maintain an action to enforce this subrogation right. The 156.2 county does not have a right of subrogation against the medical 156.3 assistance program, the MinnesotaCare program, or the general 156.4 assistance medical care program. [260.174, subd. 1 (omitting 156.5 delinquency-related text)] 156.6 Subd. 2. [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 156.7 its intake procedure for children, the official having custody 156.8 over the child shall ask the child or the child's family, as 156.9 appropriate, whether the child has health coverage. If the 156.10 child has coverage under a policy of accident and health 156.11 insurance regulated under chapter 62A, a health maintenance 156.12 contract regulated under chapter 62D, a group subscriber 156.13 contract regulated under chapter 62C, a health benefit 156.14 certificate regulated under chapter 64B, a self-insured plan, or 156.15 other health coverage, the child or the child's family, as 156.16 appropriate, shall provide to the official having custody over 156.17 the child the name of the carrier or administrator and other 156.18 information and authorizations necessary for the official having 156.19 custody over the child to obtain specific information about 156.20 coverage. [260.174, subd. 2] 156.21 Subd. 3. [OBTAINING HEALTH CARE IN COMPLIANCE WITH 156.22 COVERAGE.] A county board may authorize the officials having 156.23 custody over children to fulfill the county board's obligation 156.24 to provide the medical aid required by subdivision 1 in 156.25 accordance with the terms of the health plan covering the child, 156.26 where possible, subject to any rules and exceptions provided by 156.27 the county board. The official having custody over a child has 156.28 no obligation to the child or to the child's family to obtain 156.29 the child's health care in accordance with the child's health 156.30 coverage. [260.174, subd. 3] 156.31 Subd. 4. [SCOPE.] Subdivisions 1, 2, and 3 apply to any 156.32 medical aid, including dental care, provided to children held in 156.33 custody by the county as described in subdivision 1. [260.174, 156.34 subd. 4] 156.35 Sec. 23. [260C.193] [DISPOSITIONS; GENERAL PROVISIONS.] 156.36 Subdivision 1. [DISMISSAL OF PETITION.] Whenever the court 157.1 finds that the minor is not within the jurisdiction of the court 157.2 or that the facts alleged in the petition have not been proved, 157.3 it shall dismiss the petition. [260.181, subd. 1] 157.4 Subd. 2. [CONSIDERATION OF REPORTS.] Before making a 157.5 disposition in a case, or terminating parental rights, or 157.6 appointing a guardian for a child the court may consider any 157.7 report or recommendation made by the local social services 157.8 agency, probation officer, licensed child-placing agency, foster 157.9 parent, guardian ad litem, tribal representative, or other 157.10 authorized advocate for the child or child's family, a school 157.11 district concerning the effect on student transportation of 157.12 placing a child in a school district in which the child is not a 157.13 resident, or any other information deemed material by the court. 157.14 [260.181, subd. 2] 157.15 Subd. 3. [PROTECTION OF THE CHILD'S BEST INTERESTS.] (a) 157.16 The policy of the state is to ensure that the best interests of 157.17 children are met by requiring individualized determinations of 157.18 the needs of the child and of how the selected placement will 157.19 serve the needs of the child in foster care placements. 157.20 (b) Among the factors to be considered in determining the 157.21 needs of the child are: 157.22 (1) the child's current functioning and behaviors; 157.23 (2) the medical, educational, and developmental needs of 157.24 the child; 157.25 (3) the child's history and past experience; 157.26 (4) the child's religious and cultural needs; 157.27 (5) the child's connection with a community, school, and 157.28 church; 157.29 (6) the child's interests and talents; 157.30 (7) the child's relationship to current caretakers, 157.31 parents, siblings, and relatives; and 157.32 (8) the reasonable preference of the child, if the court, 157.33 or in the case of a voluntary placement the child-placing 157.34 agency, deems the child to be of sufficient age to express 157.35 preferences. 157.36 (c) The court, in transferring legal custody of any child 158.1 or appointing a guardian for the child under the laws relating 158.2 to juvenile courts, shall consider placement, consistent with 158.3 the child's best interests and in the following order, in the 158.4 legal custody or guardianship of an individual who (1) is 158.5 related to the child by blood, marriage, or adoption, or (2) is 158.6 an important friend with whom the child has resided or had 158.7 significant contact. Placement of a child cannot be delayed or 158.8 denied based on race, color, or national origin of the foster 158.9 parent or the child. Whenever possible, siblings should be 158.10 placed together unless it is determined not to be in the best 158.11 interests of a sibling. 158.12 (d) If the child's birth parent or parents explicitly 158.13 request that a relative or important friend not be considered, 158.14 the court shall honor that request if it is consistent with the 158.15 best interests of the child. 158.16 If the child's birth parent or parents express a preference 158.17 for placing the child in a foster or adoptive home of the same 158.18 or a similar religious background to that of the birth parent or 158.19 parents, the court shall order placement of the child with an 158.20 individual who meets the birth parent's religious preference. 158.21 (e) This subdivision does not affect the Indian Child 158.22 Welfare Act, United States Code, title 25, sections 1901 to 158.23 1923, and the Minnesota Indian Family Preservation Act, sections 158.24 260.751 to 260.835. [260.181, subd. 3] 158.25 Subd. 4. [REPORTS; JUVENILES PLACED OUT OF STATE.] 158.26 Whenever a child is placed in a residential program located 158.27 outside of this state pursuant to a disposition order issued 158.28 under section 260C.201, the juvenile court administrator shall 158.29 report the following information to the state court 158.30 administrator: 158.31 (1) the fact that the placement is out of state; 158.32 (2) the type of placement; and 158.33 (3) the reason for the placement. [260.181, subd. 3a] 158.34 Subd. 5. [TERMINATION OF JURISDICTION.] The court may 158.35 dismiss the petition or otherwise terminate its jurisdiction on 158.36 its own motion or on the motion or petition of any interested 159.1 party at any time. Unless terminated by the court, and except 159.2 as otherwise provided in this subdivision, the jurisdiction of 159.3 the court shall continue until the individual becomes 19 years 159.4 of age if the court determines it is in the best interest of the 159.5 individual to do so. Court jurisdiction under section 260C.007, 159.6 subdivision 4, clause (12), may not continue past the child's 159.7 17th birthday. [260.181, subd. 4 (omitting delinquency-related 159.8 text)] 159.9 Sec. 24. [260C.201] [DISPOSITIONS; CHILDREN WHO ARE IN 159.10 NEED OF PROTECTION OR SERVICES OR NEGLECTED AND IN FOSTER CARE.] 159.11 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that 159.12 the child is in need of protection or services or neglected and 159.13 in foster care, it shall enter an order making any of the 159.14 following dispositions of the case: 159.15 (1) place the child under the protective supervision of the 159.16 local social services agency or child-placing agency in the 159.17 child's own home under conditions prescribed by the court 159.18 directed to the correction of the child's need for protection or 159.19 services; 159.20 (2) transfer legal custody to one of the following: 159.21 (i) a child-placing agency; or 159.22 (ii) the local social services agency. 159.23 In placing a child whose custody has been transferred under 159.24 this paragraph, the agencies shall follow the order of 159.25 preference stated in section 260C.193, subdivision 3; 159.26 (3) if the child is in need of special treatment and care 159.27 for reasons of physical or mental health, the court may order 159.28 the child's parent, guardian, or custodian to provide it. If 159.29 the parent, guardian, or custodian fails or is unable to provide 159.30 this treatment or care, the court may order it provided. The 159.31 court shall not transfer legal custody of the child for the 159.32 purpose of obtaining special treatment or care solely because 159.33 the parent is unable to provide the treatment or care. If the 159.34 court's order for mental health treatment is based on a 159.35 diagnosis made by a treatment professional, the court may order 159.36 that the diagnosing professional not provide the treatment to 160.1 the child if it finds that such an order is in the child's best 160.2 interests; or 160.3 (4) if the court believes that the child has sufficient 160.4 maturity and judgment and that it is in the best interests of 160.5 the child, the court may order a child 16 years old or older to 160.6 be allowed to live independently, either alone or with others as 160.7 approved by the court under supervision the court considers 160.8 appropriate, if the county board, after consultation with the 160.9 court, has specifically authorized this dispositional 160.10 alternative for a child. 160.11 (b) If the child was adjudicated in need of protection or 160.12 services because the child is a runaway or habitual truant, the 160.13 court may order any of the following dispositions in addition to 160.14 or as alternatives to the dispositions authorized under 160.15 paragraph (a): 160.16 (1) counsel the child or the child's parents, guardian, or 160.17 custodian; 160.18 (2) place the child under the supervision of a probation 160.19 officer or other suitable person in the child's own home under 160.20 conditions prescribed by the court, including reasonable rules 160.21 for the child's conduct and the conduct of the parents, 160.22 guardian, or custodian, designed for the physical, mental, and 160.23 moral well-being and behavior of the child; or with the consent 160.24 of the commissioner of corrections, place the child in a group 160.25 foster care facility which is under the commissioner's 160.26 management and supervision; 160.27 (3) subject to the court's supervision, transfer legal 160.28 custody of the child to one of the following: 160.29 (i) a reputable person of good moral character. No person 160.30 may receive custody of two or more unrelated children unless 160.31 licensed to operate a residential program under sections 245A.01 160.32 to 245A.16; or 160.33 (ii) a county probation officer for placement in a group 160.34 foster home established under the direction of the juvenile 160.35 court and licensed pursuant to section 241.021; 160.36 (4) require the child to pay a fine of up to $100. The 161.1 court shall order payment of the fine in a manner that will not 161.2 impose undue financial hardship upon the child; 161.3 (5) require the child to participate in a community service 161.4 project; 161.5 (6) order the child to undergo a chemical dependency 161.6 evaluation and, if warranted by the evaluation, order 161.7 participation by the child in a drug awareness program or an 161.8 inpatient or outpatient chemical dependency treatment program; 161.9 (7) if the court believes that it is in the best interests 161.10 of the child and of public safety that the child's driver's 161.11 license or instruction permit be canceled, the court may order 161.12 the commissioner of public safety to cancel the child's license 161.13 or permit for any period up to the child's 18th birthday. If 161.14 the child does not have a driver's license or permit, the court 161.15 may order a denial of driving privileges for any period up to 161.16 the child's 18th birthday. The court shall forward an order 161.17 issued under this clause to the commissioner, who shall cancel 161.18 the license or permit or deny driving privileges without a 161.19 hearing for the period specified by the court. At any time 161.20 before the expiration of the period of cancellation or denial, 161.21 the court may, for good cause, order the commissioner of public 161.22 safety to allow the child to apply for a license or permit, and 161.23 the commissioner shall so authorize; 161.24 (8) order that the child's parent or legal guardian deliver 161.25 the child to school at the beginning of each school day for a 161.26 period of time specified by the court; or 161.27 (9) require the child to perform any other activities or 161.28 participate in any other treatment programs deemed appropriate 161.29 by the court. 161.30 To the extent practicable, the court shall enter a 161.31 disposition order the same day it makes a finding that a child 161.32 is in need of protection or services or neglected and in foster 161.33 care, but in no event more than 15 days after the finding unless 161.34 the court finds that the best interests of the child will be 161.35 served by granting a delay. If the child was under eight years 161.36 of age at the time the petition was filed, the disposition order 162.1 must be entered within ten days of the finding and the court may 162.2 not grant a delay unless good cause is shown and the court finds 162.3 the best interests of the child will be served by the delay. 162.4 (c) If a child who is 14 years of age or older is 162.5 adjudicated in need of protection or services because the child 162.6 is a habitual truant and truancy procedures involving the child 162.7 were previously dealt with by a school attendance review board 162.8 or county attorney mediation program under section 260A.06 or 162.9 260A.07, the court shall order a cancellation or denial of 162.10 driving privileges under paragraph (b), clause (7), for any 162.11 period up to the child's 18th birthday. 162.12 (d) In the case of a child adjudicated in need of 162.13 protection or services because the child has committed domestic 162.14 abuse and been ordered excluded from the child's parent's home, 162.15 the court shall dismiss jurisdiction if the court, at any time, 162.16 finds the parent is able or willing to provide an alternative 162.17 safe living arrangement for the child, as defined in Laws 1997, 162.18 chapter 239, article 10, section 2. [260.191, subd. 1] 162.19 Subd. 2. [WRITTEN FINDINGS.] Any order for a disposition 162.20 authorized under this section shall contain written findings of 162.21 fact to support the disposition ordered, and shall also set 162.22 forth in writing the following information: 162.23 (a) Why the best interests of the child are served by the 162.24 disposition ordered; 162.25 (b) What alternative dispositions were considered by the 162.26 court and why such dispositions were not appropriate in the 162.27 instant case; 162.28 (c) How the court's disposition complies with the 162.29 requirements of section 260C.193, subdivision 3; and 162.30 (d) Whether reasonable efforts consistent with section 162.31 260.012 were made to prevent or eliminate the necessity of the 162.32 child's removal and to reunify the family after removal. The 162.33 court's findings must include a brief description of what 162.34 preventive and reunification efforts were made and why further 162.35 efforts could not have prevented or eliminated the necessity of 162.36 removal or that reasonable efforts were not required under 163.1 section 260.012 or 260C.178, subdivision 1. 163.2 If the court finds that the social services agency's 163.3 preventive or reunification efforts have not been reasonable but 163.4 that further preventive or reunification efforts could not 163.5 permit the child to safely remain at home, the court may 163.6 nevertheless authorize or continue the removal of the child. 163.7 [260.191, subd. 1a] 163.8 Subd. 3. [DOMESTIC CHILD ABUSE.] If the court finds that 163.9 the child is a victim of domestic child abuse, as defined in 163.10 section 260C.007, subdivision 20, it may order any of the 163.11 following dispositions of the case in addition to or as 163.12 alternatives to the dispositions authorized under subdivision 1: 163.13 (1) restrain any party from committing acts of domestic 163.14 child abuse; 163.15 (2) exclude the abusing party from the dwelling which the 163.16 family or household members share or from the residence of the 163.17 child; 163.18 (3) on the same basis as is provided in chapter 518, 163.19 establish temporary visitation with regard to minor children of 163.20 the adult family or household members; 163.21 (4) on the same basis as is provided in chapter 518, 163.22 establish temporary support or maintenance for a period of 30 163.23 days for minor children or a spouse; 163.24 (5) provide counseling or other social services for the 163.25 family or household members; or 163.26 (6) order the abusing party to participate in treatment or 163.27 counseling services. 163.28 Any relief granted by the order for protection shall be for 163.29 a fixed period not to exceed one year. 163.30 However, no order excluding the abusing party from the 163.31 dwelling may be issued unless the court finds that: 163.32 (1) the order is in the best interests of the child or 163.33 children remaining in the dwelling; 163.34 (2) a remaining adult family or household member is able to 163.35 care adequately for the child or children in the absence of the 163.36 excluded party; and 164.1 (3) the local welfare agency has developed a plan to 164.2 provide appropriate social services to the remaining family or 164.3 household members. [260.191, subd. 1b] 164.4 Subd. 4. [SUPPORT ORDERS.] If the court issues an order 164.5 for protection pursuant to section 260C.201, subdivision 3, 164.6 excluding an abusing party from the dwelling who is the parent 164.7 of a minor family or household member, it shall transfer the 164.8 case file to the court which has jurisdiction over proceedings 164.9 under chapter 518 for the purpose of establishing support or 164.10 maintenance for minor children or a spouse, as provided in 164.11 chapter 518, during the effective period of the order for 164.12 protection. The court to which the case file is transferred 164.13 shall schedule and hold a hearing on the establishment of 164.14 support or maintenance within 30 days of the issuance of the 164.15 order for protection. After an order for support or maintenance 164.16 has been granted or denied, the case file shall be returned to 164.17 the juvenile court, and the order for support or maintenance, if 164.18 any, shall be incorporated into the order for protection. 164.19 [260.191, subd. 1c] 164.20 Subd. 5. [VISITATION.] If the court orders that the child 164.21 be placed outside of the child's home or present residence, it 164.22 shall set reasonable rules for supervised or unsupervised 164.23 parental visitation that contribute to the objectives of the 164.24 court order and the maintenance of the familial relationship. 164.25 No parent may be denied visitation unless the court finds at the 164.26 disposition hearing that the visitation would act to prevent the 164.27 achievement of the order's objectives or that it would endanger 164.28 the child's physical or emotional well-being. The court shall 164.29 set reasonable rules for visitation for any relatives as defined 164.30 in section 260C.193, subdivision 3, if visitation is consistent 164.31 with the best interests of the child. [260.191, subd. 1d] 164.32 Subd. 6. [CASE PLAN.] For each disposition ordered, the 164.33 court shall order the appropriate agency to prepare a written 164.34 case plan developed after consultation with any foster parents, 164.35 and consultation with and participation by the child and the 164.36 child's parent, guardian, or custodian, guardian ad litem, and 165.1 tribal representative if the tribe has intervened. The case 165.2 plan shall comply with the requirements of section 260C.212, 165.3 where applicable. The case plan shall, among other matters, 165.4 specify the actions to be taken by the child and the child's 165.5 parent, guardian, foster parent, or custodian to ensure the 165.6 child's safety and to comply with the court's disposition order, 165.7 and the services to be offered and provided by the agency to the 165.8 child and the child's parent, guardian, or custodian. The court 165.9 shall review the case plan and, upon approving it, incorporate 165.10 the plan into its disposition order. The court may review and 165.11 modify the terms of the case plan in the manner provided in 165.12 subdivision 2. For each disposition ordered, the written case 165.13 plan shall specify what reasonable efforts shall be provided to 165.14 the family. The case plan must include a discussion of: 165.15 (1) the availability of appropriate prevention and 165.16 reunification services for the family to safely prevent the 165.17 removal of the child from the home or to safely reunify the 165.18 child with the family after removal; 165.19 (2) any services or resources that were requested by the 165.20 child or the child's parent, guardian, foster parent, or 165.21 custodian since the date of initial adjudication, and whether 165.22 those services or resources were provided or the basis for 165.23 denial of the services or resources; 165.24 (3) the need of the child and family for care, treatment, 165.25 or rehabilitation; 165.26 (4) the need for participation by the parent, guardian, or 165.27 custodian in the plan of care for the child; 165.28 (5) the visitation rights and obligations of the parent or 165.29 other relatives, as defined in section 260C.193, subdivision 3, 165.30 during any period when the child is placed outside the home; 165.31 (6) a description of any services that could safely prevent 165.32 placement or reunify the family if such services were available; 165.33 and 165.34 (7) the need for continued monitoring of the child and 165.35 family by the appropriate local social services agency once the 165.36 family has completed all services required in the case plan. 166.1 A party has a right to request a court review of the 166.2 reasonableness of the case plan upon a showing of a substantial 166.3 change of circumstances. [260.191, subd. 1e] 166.4 Subd. 7. [ORDER DURATION.] Subject to subdivisions 3a and 166.5 3b, all orders under this section shall be for a specified 166.6 length of time set by the court not to exceed one year. 166.7 However, before the order has expired and upon its own motion or 166.8 that of any interested party, the court shall, after notice to 166.9 the parties and a hearing, renew the order for another year or 166.10 make some other disposition of the case, until the individual is 166.11 no longer a minor. Any person to whom legal custody is 166.12 transferred shall report to the court in writing at such periods 166.13 as the court may direct. [260.191, subd. 2] 166.14 Subd. 8. [SERVICE OF ORDER.] Any person who provides 166.15 services to a child under a disposition order, or who is subject 166.16 to the conditions of a disposition order shall be served with a 166.17 copy of the order in the manner provided in the rules for 166.18 juvenile courts. [260.191, subd. 2a] 166.19 Subd. 9. [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 166.20 court transfers legal custody of a child to any licensed 166.21 child-placing agency or the local social services agency, it 166.22 shall transmit with the order transferring legal custody a copy 166.23 of its findings and a summary of its information concerning the 166.24 child. [260.191, subd. 3] 166.25 Subd. 10. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 166.26 the court places a child in a residential facility, as defined 166.27 in section 260C.212, subdivision 1, the court shall review the 166.28 out-of-home placement at least every six months to determine 166.29 whether continued out-of-home placement is necessary and 166.30 appropriate or whether the child should be returned home. The 166.31 court shall review agency efforts pursuant to section 260C.215, 166.32 subdivision 1, and order that the efforts continue if the agency 166.33 has failed to perform the duties under that section. The court 166.34 shall review the case plan and may modify the case plan as 166.35 provided under subdivisions 6 and 7. If the court orders 166.36 continued out-of-home placement, the court shall notify the 167.1 parents of the provisions of subdivision 11. 167.2 (b) When the court determines that a permanent placement 167.3 hearing is necessary because there is a likelihood that the 167.4 child will not return to a parent's care, the court may 167.5 authorize the agency with custody of the child to send the 167.6 notice provided in section 257.071, subdivision 1d, paragraph 167.7 (b), or may modify the requirements of the agency under section 167.8 257.071, subdivision 1d, paragraph (b), or may completely 167.9 relieve the responsible social service agency of the 167.10 requirements of section 257.071, subdivision 1d, paragraph (b), 167.11 when the child is placed with an appropriate relative who wishes 167.12 to provide a permanent home for the child. The actions ordered 167.13 by the court under this section must be consistent with the best 167.14 interests, safety, and welfare of the child. [260.191, subd. 167.15 3a] 167.16 Subd. 11. [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 167.17 PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 167.18 to determine the permanent status of a child not later than 12 167.19 months after the child is placed out of the home of the parent, 167.20 except that if the child was under eight years of age at the 167.21 time the petition was filed, the hearing must be conducted no 167.22 later than six months after the child is placed out of the home 167.23 of the parent. 167.24 For purposes of this subdivision, the date of the child's 167.25 placement out of the home of the parent is the earlier of the 167.26 first court-ordered placement or 60 days after the date on which 167.27 the child has been voluntarily placed out of the home. 167.28 For purposes of this subdivision, 12 months is calculated 167.29 as follows: 167.30 (1) during the pendency of a petition alleging that a child 167.31 is in need of protection or services, all time periods when a 167.32 child is placed out of the home of the parent are cumulated; 167.33 (2) if a child has been placed out of the home of the 167.34 parent within the previous five years in connection with one or 167.35 more prior petitions for a child in need of protection or 167.36 services, the lengths of all prior time periods when the child 168.1 was placed out of the home within the previous five years and 168.2 under the current petition, are cumulated. If a child under 168.3 this clause has been out of the home for 12 months or more, the 168.4 court, if it is in the best interests of the child, may extend 168.5 the total time the child may continue out of the home under the 168.6 current petition up to an additional six months before making a 168.7 permanency determination. 168.8 (b) Not later than ten days prior to this hearing, the 168.9 responsible social service agency shall file pleadings to 168.10 establish the basis for the permanent placement determination. 168.11 Notice of the hearing and copies of the pleadings must be 168.12 provided pursuant to section 260C.152. If a termination of 168.13 parental rights petition is filed before the date required for 168.14 the permanency planning determination, no hearing need be 168.15 conducted under this subdivision. The court shall determine 168.16 whether the child is to be returned home or, if not, what 168.17 permanent placement is consistent with the child's best 168.18 interests. The "best interests of the child" means all relevant 168.19 factors to be considered and evaluated. 168.20 (c) At a hearing under this subdivision, if the child was 168.21 under eight years of age at the time the petition was filed 168.22 alleging the child in need of protection or services, the court 168.23 shall review the progress of the case and the case plan, 168.24 including the provision of services. The court may order the 168.25 local social service agency to show cause why it should not file 168.26 a termination of parental rights petition. Cause may include, 168.27 but is not limited to, the following conditions: 168.28 (1) the parents or guardians have maintained regular 168.29 contact with the child, the parents are complying with the 168.30 court-ordered case plan, and the child would benefit from 168.31 continuing this relationship; 168.32 (2) grounds for termination under section 260C.301 do not 168.33 exist; or 168.34 (3) the permanent plan for the child is transfer of 168.35 permanent legal and physical custody to a relative. 168.36 (d) If the child is not returned to the home, the 169.1 dispositions available for permanent placement determination are: 169.2 (1) permanent legal and physical custody to a relative in 169.3 the best interests of the child. In transferring permanent 169.4 legal and physical custody to a relative, the juvenile court 169.5 shall follow the standards and procedures applicable under 169.6 chapter 260, 260C, or 518. An order establishing permanent 169.7 legal or physical custody under this subdivision must be filed 169.8 with the family court. A transfer of legal and physical custody 169.9 includes responsibility for the protection, education, care, and 169.10 control of the child and decision making on behalf of the 169.11 child. The social service agency may petition on behalf of the 169.12 proposed custodian; 169.13 (2) termination of parental rights and adoption; the social 169.14 service agency shall file a petition for termination of parental 169.15 rights under section 260C.307 and all the requirements of 169.16 sections 260C.301 to 260C.328 remain applicable. An adoption 169.17 completed subsequent to a determination under this subdivision 169.18 may include an agreement for communication or contact under 169.19 section 259.58; or 169.20 (3) long-term foster care; transfer of legal custody and 169.21 adoption are preferred permanency options for a child who cannot 169.22 return home. The court may order a child into long-term foster 169.23 care only if it finds that neither an award of legal and 169.24 physical custody to a relative, nor termination of parental 169.25 rights nor adoption is in the child's best interests. Further, 169.26 the court may only order long-term foster care for the child 169.27 under this section if it finds the following: 169.28 (i) the child has reached age 12 and reasonable efforts by 169.29 the responsible social service agency have failed to locate an 169.30 adoptive family for the child; or 169.31 (ii) the child is a sibling of a child described in clause 169.32 (i) and the siblings have a significant positive relationship 169.33 and are ordered into the same long-term foster care home; or 169.34 (4) foster care for a specified period of time may be 169.35 ordered only if: 169.36 (i) the sole basis for an adjudication that a child is in 170.1 need of protection or services is that the child is a runaway, 170.2 is an habitual truant, or committed a delinquent act before age 170.3 ten; and 170.4 (ii) the court finds that foster care for a specified 170.5 period of time is in the best interests of the child. 170.6 (e) In ordering a permanent placement of a child, the court 170.7 must be governed by the best interests of the child, including a 170.8 review of the relationship between the child and relatives and 170.9 the child and other important persons with whom the child has 170.10 resided or had significant contact. 170.11 (f) Once a permanent placement determination has been made 170.12 and permanent placement has been established, further court 170.13 reviews and dispositional hearings are only necessary if the 170.14 placement is made under paragraph (d), clause (4), review is 170.15 otherwise required by federal law, an adoption has not yet been 170.16 finalized, or there is a disruption of the permanent or 170.17 long-term placement. 170.18 (g) An order under this subdivision must include the 170.19 following detailed findings: 170.20 (1) how the child's best interests are served by the order; 170.21 (2) the nature and extent of the responsible social service 170.22 agency's reasonable efforts, or, in the case of an Indian child, 170.23 active efforts, to reunify the child with the parent or parents; 170.24 (3) the parent's or parents' efforts and ability to use 170.25 services to correct the conditions which led to the out-of-home 170.26 placement; 170.27 (4) whether the conditions which led to the out-of-home 170.28 placement have been corrected so that the child can return home; 170.29 and 170.30 (5) if the child cannot be returned home, whether there is 170.31 a substantial probability of the child being able to return home 170.32 in the next six months. 170.33 (h) An order for permanent legal and physical custody of a 170.34 child may be modified under sections 518.18 and 518.185. The 170.35 social service agency is a party to the proceeding and must 170.36 receive notice. An order for long-term foster care is 171.1 reviewable upon motion and a showing by the parent of a 171.2 substantial change in the parent's circumstances such that the 171.3 parent could provide appropriate care for the child and that 171.4 removal of the child from the child's permanent placement and 171.5 the return to the parent's care would be in the best interest of 171.6 the child. [260.191, subd. 3b] 171.7 Subd. 12. [CONTINUANCE OF CASE.] If it is in the best 171.8 interests of the child to do so and if the allegations contained 171.9 in the petition have been admitted, or when a hearing has been 171.10 held as provided in section 260C.163 and the allegations 171.11 contained in the petition have been duly proven, before the 171.12 entry of a finding of need for protection or services or a 171.13 finding that a child is neglected and in foster care, the court 171.14 may continue the case for a period not to exceed 90 days on any 171.15 one order. Following the 90-day continuance: 171.16 (1) if both the parent and child have complied with the 171.17 terms of the continuance, the case must be dismissed without an 171.18 adjudication that the child is in need of protection or services 171.19 or that the child is neglected and in foster care; or 171.20 (2) if either the parent or child has not complied with the 171.21 terms of the continuance, the court shall adjudicate the child 171.22 in need of protection or services or neglected and in foster 171.23 care. [260.191, subd. 4] 171.24 Sec. 25. [260C.205] [DISPOSITIONS; VOLUNTARY FOSTER CARE 171.25 PLACEMENTS.] 171.26 Upon a petition for review of the foster care status of a 171.27 child, the court may: 171.28 (a) In the case of a petition required to be filed under 171.29 section 260C.212, subdivision 8, find that the child's needs are 171.30 being met, that the child's placement in foster care is in the 171.31 best interests of the child, and that the child will be returned 171.32 home in the next six months, in which case the court shall 171.33 approve the voluntary arrangement and continue the matter for 171.34 six months to assure the child returns to the parent's home. 171.35 (b) In the case of a petition required to be filed under 171.36 section 260C.212, subdivision 9, find that the child's needs are 172.1 being met and that the child's placement in foster care is in 172.2 the best interests of the child, in which case the court shall 172.3 approve the voluntary arrangement. The court shall order the 172.4 social service agency responsible for the placement to bring a 172.5 petition under section 260C.141, subdivision 1 or 2, as 172.6 appropriate, within 12 months. 172.7 (c) Find that the child's needs are not being met, in which 172.8 case the court shall order the social service agency or the 172.9 parents to take whatever action is necessary and feasible to 172.10 meet the child's needs, including, when appropriate, the 172.11 provision by the social service agency of services to the 172.12 parents which would enable the child to live at home, and order 172.13 a disposition under section 260C.201. 172.14 (d) Find that the child has been abandoned by parents 172.15 financially or emotionally, or that the developmentally disabled 172.16 child does not require out-of-home care because of the 172.17 handicapping condition, in which case the court shall order the 172.18 social service agency to file an appropriate petition pursuant 172.19 to sections 260C.141, subdivision 1, or 260C.307. 172.20 Nothing in this section shall be construed to prohibit 172.21 bringing a petition pursuant to section 260C.141, subdivision 1 172.22 or 4, sooner than required by court order pursuant to this 172.23 section. [260.192] 172.24 Sec. 26. [260C.208] [INFORMATION FOR CHILD PLACEMENT.] 172.25 Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An 172.26 agency with legal responsibility for the placement of a child 172.27 may request and shall receive all information pertaining to the 172.28 child that it considers necessary to appropriately carry out its 172.29 duties. That information must include educational, medical, 172.30 psychological, psychiatric, and social or family history data 172.31 retained in any form by any individual or entity. The agency 172.32 may gather appropriate data regarding the child's parents in 172.33 order to develop and implement a case plan required by section 172.34 260C.212. Upon request of the court responsible for overseeing 172.35 the provision of services to the child and family and for 172.36 implementing orders that are in the best interest of the child, 173.1 the responsible local social service agency or tribal social 173.2 service agency shall provide appropriate written or oral reports 173.3 from any individual or entity that has provided services to the 173.4 child or family. The reports must include the nature of the 173.5 services being provided the child or family; the reason for the 173.6 services; the nature, extent, and quality of the child's or 173.7 parent's participation in the services, where appropriate; and 173.8 recommendations for continued services, where appropriate. The 173.9 individual or entity shall report all observations and 173.10 information upon which it bases its report as well as its 173.11 conclusions. If necessary to facilitate the receipt of the 173.12 reports, the court may issue appropriate orders. [257.069, 173.13 subd. 1] 173.14 Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service 173.15 agency responsible for the residential placement of a child 173.16 under this section and the residential facility in which the 173.17 child is placed shall have access to the following data on the 173.18 child: 173.19 (1) medical data under section 13.42; 173.20 (2) corrections and detention data under section 13.85; 173.21 (3) juvenile court data under section 260C.171; and 173.22 (4) health records under section 144.335. [257.069, subd. 173.23 2] 173.24 Sec. 27. [260C.212] [CHILDREN IN FOSTER HOMES; PLACEMENT; 173.25 REVIEW.] 173.26 Subdivision 1. [PLACEMENT; PLAN.] A case plan shall be 173.27 prepared within 30 days after any child is placed in a 173.28 residential facility by court order or by the voluntary release 173.29 of the child by the parent or parents. 173.30 For purposes of this section, a residential facility means 173.31 any group home, family foster home or other publicly supported 173.32 out-of-home residential facility, including any out-of-home 173.33 residential facility under contract with the state, county or 173.34 other political subdivision, or any agency thereof, to provide 173.35 those services or foster care as defined in section 260C.007, 173.36 subdivision 9. 174.1 For the purposes of this section, a case plan means a 174.2 written document which is ordered by the court or which is 174.3 prepared by the social service agency responsible for the 174.4 residential facility placement and is signed by the parent or 174.5 parents, or other custodian, of the child, the child's legal 174.6 guardian, the social service agency responsible for the 174.7 residential facility placement, and, if possible, the child. 174.8 The document shall be explained to all persons involved in its 174.9 implementation, including the child who has signed the document, 174.10 and shall set forth: 174.11 (1) The specific reasons for the placement of the child in 174.12 a residential facility, including a description of the problems 174.13 or conditions in the home of the parent or parents which 174.14 necessitated removal of the child from home; 174.15 (2) The specific actions to be taken by the parent or 174.16 parents of the child to eliminate or correct the problems or 174.17 conditions identified in clause (1), and the time period during 174.18 which the actions are to be taken; 174.19 (3) The financial responsibilities and obligations, if any, 174.20 of the parents for the support of the child during the period 174.21 the child is in the residential facility; 174.22 (4) The visitation rights and obligations of the parent or 174.23 parents or other relatives as defined in section 260C.193, if 174.24 such visitation is consistent with the best interest of the 174.25 child, during the period the child is in the residential 174.26 facility; 174.27 (5) The social and other supportive services to be provided 174.28 to the parent or parents of the child, the child, and the 174.29 residential facility during the period the child is in the 174.30 residential facility; 174.31 (6) The date on which the child is expected to be returned 174.32 to the home of the parent or parents; 174.33 (7) The nature of the effort to be made by the social 174.34 service agency responsible for the placement to reunite the 174.35 family; and 174.36 (8) Notice to the parent or parents that placement of the 175.1 child in foster care may result in termination of parental 175.2 rights but only after notice and a hearing as provided in 175.3 chapter 260C. 175.4 The parent or parents and the child each shall have the 175.5 right to legal counsel in the preparation of the case plan and 175.6 shall be informed of the right at the time of placement of the 175.7 child. The child shall also have the right to a guardian ad 175.8 litem. If unable to employ counsel from their own resources, 175.9 the court shall appoint counsel upon the request of the parent 175.10 or parents or the child or the child's legal guardian. The 175.11 parent or parents may also receive assistance from any person or 175.12 social service agency in preparation of the case plan. 175.13 After the plan has been agreed upon by the parties 175.14 involved, the foster parents shall be fully informed of the 175.15 provisions of the case plan. 175.16 When an agency accepts a child for placement, the agency 175.17 shall determine whether the child has had a physical examination 175.18 by or under the direction of a licensed physician within the 12 175.19 months immediately preceding the date when the child came into 175.20 the agency's care. If there is documentation that the child has 175.21 had such an examination within the last 12 months, the agency is 175.22 responsible for seeing that the child has another physical 175.23 examination within one year of the documented examination and 175.24 annually in subsequent years. If the agency determines that the 175.25 child has not had a physical examination within the 12 months 175.26 immediately preceding placement, the agency shall ensure that 175.27 the child has the examination within 30 days of coming into the 175.28 agency's care and once a year in subsequent years. [257.071, 175.29 subd. 1] 175.30 Subd. 2. [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 175.31 THE CHILD.] (a) The policy of the state of Minnesota is to 175.32 ensure that the child's best interests are met by requiring an 175.33 individualized determination of the needs of the child and of 175.34 how the selected placement will serve the needs of the child 175.35 being placed. The authorized child-placing agency shall place a 175.36 child, released by court order or by voluntary release by the 176.1 parent or parents, in a family foster home selected by 176.2 considering placement with relatives and important friends 176.3 consistent with section 260C.193, subdivision 3. 176.4 (b) Among the factors the agency shall consider in 176.5 determining the needs of the child are those specified under 176.6 section 260C.193, subdivision 3, paragraph (b). 176.7 (c) Placement of a child cannot be delayed or denied based 176.8 on race, color, or national origin of the foster parent or the 176.9 child. Whenever possible, siblings should be placed together 176.10 unless it is determined not to be in the best interests of a 176.11 sibling. [257.071, subd. 1a] 176.12 Subd. 3. [LIMIT ON MULTIPLE PLACEMENTS.] If a child has 176.13 been placed in a residential facility pursuant to a court order 176.14 under section 260C.178 or 260C.201, the social service agency 176.15 responsible for the residential facility placement for the child 176.16 may not change the child's placement unless the agency 176.17 specifically documents that the current placement is unsuitable 176.18 or another placement is in the best interests of the child. 176.19 This subdivision does not apply if the new placement is in an 176.20 adoptive home or other permanent placement. [257.071, subd. 1b] 176.21 Subd. 4. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 176.22 social service agency shall inform a parent considering 176.23 voluntary placement of a child who is not developmentally 176.24 disabled or emotionally handicapped of the following: 176.25 (1) the parent and the child each has a right to separate 176.26 legal counsel before signing a voluntary placement agreement, 176.27 but not to counsel appointed at public expense; 176.28 (2) the parent is not required to agree to the voluntary 176.29 placement, and a parent who enters a voluntary placement 176.30 agreement may at any time request that the agency return the 176.31 child. If the parent so requests, the child must be returned 176.32 within 24 hours of the receipt of the request; 176.33 (3) evidence gathered during the time the child is 176.34 voluntarily placed may be used at a later time as the basis for 176.35 a petition alleging that the child is in need of protection or 176.36 services or as the basis for a petition seeking termination of 177.1 parental rights; 177.2 (4) if the local social service agency files a petition 177.3 alleging that the child is in need of protection or services or 177.4 a petition seeking the termination of parental rights, the 177.5 parent would have the right to appointment of separate legal 177.6 counsel and the child would have a right to the appointment of 177.7 counsel and a guardian ad litem as provided by law, and that 177.8 counsel will be appointed at public expense if they are unable 177.9 to afford counsel; and 177.10 (5) the timelines and procedures for review of voluntary 177.11 placements under subdivision 3, and the effect the time spent in 177.12 voluntary placement on the scheduling of a permanent placement 177.13 determination hearing under section 260C.201, subdivision 11. 177.14 [257.071, subd. 1c] 177.15 Subd. 5. [RELATIVE SEARCH; NATURE.] (a) Within six months 177.16 after a child is initially placed in a residential facility, the 177.17 local social services agency shall identify any relatives of the 177.18 child and notify them of the need for a foster care home for the 177.19 child and of the possibility of the need for a permanent 177.20 out-of-home placement of the child. Relatives should also be 177.21 notified that a decision not to be a placement resource at the 177.22 beginning of the case may affect the relative being considered 177.23 for placement of the child with that relative later. The 177.24 relatives must be notified that they must keep the local social 177.25 services agency informed of their current address in order to 177.26 receive notice that a permanent placement is being sought for 177.27 the child. A relative who fails to provide a current address to 177.28 the local social services agency forfeits the right to notice of 177.29 the possibility of permanent placement. 177.30 (b) Unless relieved of this duty by the court because the 177.31 child is placed with an appropriate relative who wishes to 177.32 provide a permanent home for the child, when the agency 177.33 determines that it is necessary to prepare for the permanent 177.34 placement determination hearing, or in anticipation of filing a 177.35 termination of parental rights petition, the agency shall send 177.36 notice to the relatives, any adult with whom the child is 178.1 currently residing, any adult with whom the child has resided 178.2 for one year or longer in the past, and any adults who have 178.3 maintained a relationship or exercised visitation with the child 178.4 as identified in the agency case plan. The notice must state 178.5 that a permanent home is sought for the child and that the 178.6 individuals receiving the notice may indicate to the agency 178.7 their interest in providing a permanent home. The notice must 178.8 state that within 30 days of receipt of the notice an individual 178.9 receiving the notice must indicate to the agency the 178.10 individual's interest in providing a permanent home for the 178.11 child or that the individual may lose the opportunity to be 178.12 considered for a permanent placement. This notice need not be 178.13 sent if the child is placed with an appropriate relative who 178.14 wishes to provide a permanent home for the child. [257.071, 178.15 subd. 1d] 178.16 Subd. 6. [CHANGE IN PLACEMENT.] If a child is removed from 178.17 a permanent placement disposition authorized under section 178.18 260C.201, subdivision 11, within one year after the placement 178.19 was made: 178.20 (1) the child must be returned to the residential facility 178.21 where the child was placed immediately preceding the permanent 178.22 placement; or 178.23 (2) the court shall hold a hearing within ten days after 178.24 the child is taken into custody to determine where the child is 178.25 to be placed. A guardian ad litem must be appointed for the 178.26 child for this hearing. [257.071, subd. 1e] 178.27 Subd. 7. [SIX-MONTH REVIEW OF PLACEMENTS.] There shall be 178.28 an administrative review of the case plan of each child placed 178.29 in a residential facility no later than 180 days after the 178.30 initial placement of the child in a residential facility and at 178.31 least every six months thereafter if the child is not returned 178.32 to the home of the parent or parents within that time. The case 178.33 plan must be monitored and updated at each administrative 178.34 review. As an alternative to the administrative review, the 178.35 social service agency responsible for the placement may bring a 178.36 petition as provided in section 260C.141, subdivision 2, to the 179.1 court for review of the foster care to determine if placement is 179.2 in the best interests of the child. This petition must be 179.3 brought to the court within the applicable six months and is not 179.4 in lieu of the requirements contained in subdivision 3 or 4. A 179.5 court review conducted pursuant to section 260C.201, subdivision 179.6 11, shall satisfy the requirement for an administrative review 179.7 so long as the other requirements of this section are met. 179.8 [257.071, subd. 2] 179.9 Subd. 8. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 179.10 provided in subdivision 4, if the child has been placed in a 179.11 residential facility pursuant to a voluntary release by the 179.12 parent or parents, and is not returned home within 90 days after 179.13 initial placement in the residential facility, the social 179.14 service agency responsible for the placement shall: 179.15 (1) return the child to the home of the parent or parents; 179.16 or 179.17 (2) file a petition to extend the placement for 90 days. 179.18 The case plan must be updated when a petition is filed and 179.19 must include a specific plan for permanency. 179.20 If the court approves the extension, at the end of the 179.21 second 90-day period, the child must be returned to the parent's 179.22 home, unless a petition is filed for a child in need of 179.23 protection or services. [257.071, subd. 3] 179.24 Subd. 9. [REVIEW OF DEVELOPMENTALLY DISABLED AND 179.25 EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 179.26 disabled child, as that term is defined in United States Code, 179.27 title 42, section 6001 (7), as amended through December 31, 179.28 1979, or a child diagnosed with an emotional handicap as defined 179.29 in section 252.27, subdivision 1a, has been placed in a 179.30 residential facility pursuant to a voluntary release by the 179.31 child's parent or parents because of the child's handicapping 179.32 conditions or need for long-term residential treatment or 179.33 supervision, the social service agency responsible for the 179.34 placement shall bring a petition for review of the child's 179.35 foster care status, pursuant to section 260C.141, subdivision 2, 179.36 rather than a petition as required by section 260C.201, 180.1 subdivision 11, after the child has been in foster care for six 180.2 months or, in the case of a child with an emotional handicap, 180.3 after the child has been in a residential facility for six 180.4 months. Whenever a petition for review is brought pursuant to 180.5 this subdivision, a guardian ad litem shall be appointed for the 180.6 child. [257.071, subd. 4] 180.7 Subd. 10. [RULES; CHILDREN IN RESIDENTIAL FACILITIES.] The 180.8 commissioner of human services shall promulgate all rules 180.9 necessary to carry out the provisions of Public Law Number 180.10 96-272 as regards the establishment of a state goal for the 180.11 reduction of the number of children in residential facilities 180.12 beyond 24 months. [257.071, subd. 5] 180.13 Subd. 11. [RULES.] The commissioner shall revise Minnesota 180.14 Rules, parts 9545.0010 to 9545.0260, the rules setting standards 180.15 for family and group family foster care. The commissioner shall: 180.16 (1) require that, as a condition of licensure, foster care 180.17 providers attend training on understanding and validating the 180.18 cultural heritage of all children in their care, and on the 180.19 importance of the Indian Child Welfare Act, United States Code, 180.20 title 25, sections 1901 to 1923, and the Minnesota Indian Family 180.21 Preservation Act, sections 260.751 to 260.835; and 180.22 (2) review and, where necessary, revise foster care rules 180.23 to reflect sensitivity to cultural diversity and differing 180.24 lifestyles. Specifically, the commissioner shall examine 180.25 whether space and other requirements discriminate against 180.26 single-parent, minority, or low-income families who may be able 180.27 to provide quality foster care reflecting the values of their 180.28 own respective cultures. [257.071, subd. 7] 180.29 Subd. 12. [RULES ON REMOVAL OF CHILDREN.] The commissioner 180.30 shall adopt rules establishing criteria for removal of children 180.31 from their homes and return of children to their homes. 180.32 [257.071, subd. 8] 180.33 Subd. 13. [FAIR HEARING REVIEW.] Any person whose claim 180.34 for foster care payment pursuant to the placement of a child 180.35 resulting from a child protection assessment under section 180.36 626.556 is denied or not acted upon with reasonable promptness 181.1 may appeal the decision under section 256.045, subdivision 3. 181.2 The application and fair hearing procedures set forth in the 181.3 administration of community social services rule, Minnesota 181.4 Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 181.5 payment issues appealable under this subdivision. [257.071, 181.6 subd. 9] 181.7 Subd. 14. [RULES; FOSTER CARE FAIR HEARINGS.] The 181.8 commissioner shall review and, where necessary, revise foster 181.9 care rules to ensure that the rules provide adequate guidance 181.10 for implementation of foster care fair hearings, pursuant to 181.11 section 256.045, subdivision 3, clause (5), that comply with all 181.12 applicable federal requirements and the requirements of section 181.13 256.045. [257.071, subd. 10] 181.14 Sec. 28. [260C.213] [CONCURRENT PERMANENCY PLANNING.] 181.15 Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of 181.16 human services shall establish a program for concurrent 181.17 permanency planning for child protection services. 181.18 (b) Concurrent permanency planning involves a planning 181.19 process for children who are placed out of the home of their 181.20 parents pursuant to a court order, or who have been voluntarily 181.21 placed out of the home by the parents for 60 days or more and 181.22 who are not developmentally disabled or emotionally handicapped 181.23 under section 212C.212, subdivision 9. The local social service 181.24 agency shall develop an alternative permanency plan while making 181.25 reasonable efforts for reunification of the child with the 181.26 family, if required by section 260.012. The goals of concurrent 181.27 permanency planning are to: 181.28 (1) achieve early permanency for children; 181.29 (2) decrease children's length of stay in foster care and 181.30 reduce the number of moves children experience in foster care; 181.31 and 181.32 (3) develop a group of families who will work towards 181.33 reunification and also serve as permanent families for children. 181.34 Subd. 2. [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 181.35 commissioner shall establish guidelines and protocols for social 181.36 service agencies involved in concurrent permanency planning, 182.1 including criteria for conducting concurrent permanency planning 182.2 based on relevant factors such as: 182.3 (1) age of the child and duration of out-of-home placement; 182.4 (2) prognosis for successful reunification with parents; 182.5 (3) availability of relatives and other concerned 182.6 individuals to provide support or a permanent placement for the 182.7 child; and 182.8 (4) special needs of the child and other factors affecting 182.9 the child's best interests. 182.10 In developing the guidelines and protocols, the 182.11 commissioner shall consult with interest groups within the child 182.12 protection system, including child protection workers, child 182.13 protection advocates, county attorneys, law enforcement, 182.14 community service organizations, the councils of color, and the 182.15 ombudsperson for families. 182.16 Subd. 3. [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 182.17 permanency planning programs must include involvement of parents 182.18 and full disclosure of their rights and responsibilities; goals 182.19 of concurrent permanency planning; support services that are 182.20 available for families; permanency options; and the consequences 182.21 of not complying with case plans. 182.22 Subd. 4. [TECHNICAL ASSISTANCE.] The commissioner of human 182.23 services shall provide ongoing technical assistance, support, 182.24 and training for local social service agencies and other 182.25 individuals and agencies involved in concurrent permanency 182.26 planning. 182.27 Subd. 5. [AVAILABILITY OF FUNDING.] The requirements of 182.28 this section relating to concurrent permanency planning are 182.29 effective only for state fiscal years when aid is distributed 182.30 under section 256F.05 for concurrent permanency planning. 182.31 [257.0711] 182.32 Sec. 29. [260C.215] [WELFARE OF CHILDREN.] 182.33 Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each 182.34 authorized child-placing agency shall make special efforts to 182.35 recruit a foster family from among the child's relatives, except 182.36 as authorized in section 260C.193, subdivision 3. In recruiting 183.1 placements for each child, the agency must focus on that child's 183.2 particular needs and the capacities of the particular 183.3 prospective foster parents to meet those needs. Each agency 183.4 shall provide for diligent recruitment of potential foster 183.5 families that reflect the ethnic and racial diversity of the 183.6 children in the state for whom foster homes are needed. Special 183.7 efforts include contacting and working with community 183.8 organizations and religious organizations and may include 183.9 contracting with these organizations, utilizing local media and 183.10 other local resources, conducting outreach activities, and 183.11 increasing the number of minority recruitment staff employed by 183.12 the agency. The requirement of special efforts to locate 183.13 relatives in this section is satisfied on the earlier of the 183.14 following occasions: 183.15 (1) when the child is placed with a relative who is 183.16 interested in providing a permanent placement for the child; or 183.17 (2) when the responsible child-placing agency has made 183.18 special efforts for six months following the child's placement 183.19 in a residential facility and the court approves the agency's 183.20 efforts pursuant to section 260C.201, subdivision 10. The 183.21 agency may accept any gifts, grants, offers of services, and 183.22 other contributions to use in making special recruitment efforts. 183.23 [257.072, subd. 1] 183.24 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of 183.25 human services shall: 183.26 (1) in cooperation with child-placing agencies, develop a 183.27 cost-effective campaign using radio and television to recruit 183.28 adoptive and foster families that reflect the ethnic and racial 183.29 diversity of children in the state for whom adoptive and foster 183.30 homes are needed; and 183.31 (2) require that agency staff people who work in the area 183.32 of adoption and foster family recruitment participate in 183.33 cultural competency training. [257.072, subd. 2] 183.34 Subd. 3. [RECRUITMENT SPECIALIST.] The commissioner shall 183.35 designate a permanent professional staff position for 183.36 recruitment of foster and adoptive families. The recruitment 184.1 specialist shall provide services to child-placing agencies 184.2 seeking to recruit adoptive and foster care families and 184.3 qualified professional staff. The recruitment specialist shall: 184.4 (1) develop materials for use by the agencies in training 184.5 staff; 184.6 (2) conduct in-service workshops for agency personnel; 184.7 (3) provide consultation, technical assistance, and other 184.8 appropriate services to agencies to strengthen and improve 184.9 service delivery to diverse populations; and 184.10 (4) conduct workshops for foster care and adoption 184.11 recruiters to evaluate the effectiveness of techniques for 184.12 recruiting foster and adoptive families; and 184.13 (5) perform other duties as assigned by the commissioner to 184.14 implement the Minnesota Indian Family Preservation Act, sections 184.15 260.751 to 260.835. 184.16 The commissioner may contract for portions of these 184.17 services. [257.072, subd. 3] 184.18 Subd. 4. [CONSULTATION WITH REPRESENTATIVES.] The 184.19 commissioner of human services, after seeking and considering 184.20 advice from representatives reflecting diverse populations from 184.21 the councils established under sections 3.922, 3.9223, 3.9225, 184.22 and 3.9226, and other state, local, and community organizations 184.23 shall: 184.24 (1) review, and where necessary, revise the department of 184.25 human services social service manual and practice guide to 184.26 reflect federal and state policy direction on placement of 184.27 children; 184.28 (2) develop criteria for determining whether a prospective 184.29 adoptive or foster family has the ability to understand and 184.30 validate the child's cultural background; 184.31 (3) develop a standardized training curriculum for adoption 184.32 and foster care workers, family-based providers, and 184.33 administrators who work with children. Training must address 184.34 the following objectives: 184.35 (a) developing and maintaining sensitivity to all cultures; 184.36 (b) assessing values and their cultural implications; and 185.1 (c) making individualized decisions that advance the best 185.2 interests of a particular child under section 260C.212, 185.3 subdivision 2; 185.4 (4) develop a training curriculum for family and extended 185.5 family members of adoptive and foster children. The curriculum 185.6 must address issues relating to cross-cultural placements as 185.7 well as issues that arise after a foster or adoptive placement 185.8 is made; and 185.9 (5) develop and provide to agencies an assessment tool to 185.10 be used in combination with group interviews and other 185.11 preplacement activities to evaluate prospective adoptive and 185.12 foster families. The tool must assess problem-solving skills; 185.13 identify parenting skills; and evaluate the degree to which the 185.14 prospective family has the ability to understand and validate 185.15 the child's cultural background. [257.072, subd. 4] 185.16 Subd. 5. [PLACEMENT REPORTS.] Beginning December 1, 1996, 185.17 the commissioner shall provide to the Indian affairs council, 185.18 the council on affairs of Chicano/Latino people, the council on 185.19 Black Minnesotans, and the council on Asian-Pacific Minnesotans 185.20 the annual report required under section 257.0725. [257.072, 185.21 subd. 5] 185.22 Subd. 6. [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 185.23 authorized child-placing agency must: 185.24 (1) develop and follow procedures for implementing the 185.25 requirements of section 260C.193, subdivision 3, and the Indian 185.26 Child Welfare Act, United States Code, title 25, sections 1901 185.27 to 1923; 185.28 (2) have a written plan for recruiting adoptive and foster 185.29 families that reflect the ethnic and racial diversity of 185.30 children who are in need of foster and adoptive homes. The plan 185.31 must include (a) strategies for using existing resources in 185.32 diverse communities, (b) use of diverse outreach staff wherever 185.33 possible, (c) use of diverse foster homes for placements after 185.34 birth and before adoption, and (d) other techniques as 185.35 appropriate; 185.36 (3) have a written plan for training adoptive and foster 186.1 families; 186.2 (4) have a written plan for employing staff in adoption and 186.3 foster care who have the capacity to assess the foster and 186.4 adoptive parents' ability to understand and validate a child's 186.5 cultural needs, and to advance the best interests of the child. 186.6 The plan must include staffing goals and objectives; 186.7 (5) ensure that adoption and foster care workers attend 186.8 training offered or approved by the department of human services 186.9 regarding cultural diversity and the needs of special needs 186.10 children; and 186.11 (6) develop and implement procedures for implementing the 186.12 requirements of the Indian Child Welfare Act and the Minnesota 186.13 Indian Family Preservation Act. 186.14 (b) In implementing the requirement to consider relatives 186.15 for placement, an authorized child-placing agency may disclose 186.16 private or confidential data, as defined in section 13.02, to 186.17 relatives of the child for the purpose of locating a suitable 186.18 placement. The agency shall disclose only data that is 186.19 necessary to facilitate implementing the preference. If a 186.20 parent makes an explicit request that the relative preference 186.21 not be followed, the agency shall bring the matter to the 186.22 attention of the court to determine whether the parent's request 186.23 is consistent with the best interests of the child and the 186.24 agency shall not contact relatives unless ordered to do so by 186.25 the juvenile court; and 186.26 (c) In determining the suitability of a proposed placement 186.27 of an Indian child, the standards to be applied must be the 186.28 prevailing social and cultural standards of the Indian child's 186.29 community, and the agency shall defer to tribal judgment as to 186.30 suitability of a particular home when the tribe has intervened 186.31 pursuant to the Indian Child Welfare Act. [257.072, subd. 7] 186.32 Subd. 7. [REPORTING REQUIREMENTS.] Each authorized 186.33 child-placing agency shall provide to the commissioner of human 186.34 services all data needed by the commissioner for the report 186.35 required by section 257.0725. The agency shall provide the data 186.36 within 15 days of the end of the period for which the data is 187.1 applicable. [257.072, subd. 8] 187.2 Subd. 8. [RULES.] The commissioner of human services shall 187.3 adopt rules to establish standards for conducting relative 187.4 searches, recruiting foster and adoptive families, evaluating 187.5 the role of relative status in the reconsideration of 187.6 disqualifications under section 245A.04, subdivision 3b, and 187.7 granting variances of licensing requirements under section 187.8 245A.04, subdivision 9, in licensing or approving an individual 187.9 related to a child. [257.072, subd. 9] 187.10 Sec. 30. [260C.301] [TERMINATION OF PARENTAL RIGHTS.] 187.11 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 187.12 court may upon petition, terminate all rights of a parent to a 187.13 child: 187.14 (a) with the written consent of a parent who for good cause 187.15 desires to terminate parental rights; or 187.16 (b) if it finds that one or more of the following 187.17 conditions exist: 187.18 (1) that the parent has abandoned the child; 187.19 (2) that the parent has substantially, continuously, or 187.20 repeatedly refused or neglected to comply with the duties 187.21 imposed upon that parent by the parent and child relationship, 187.22 including but not limited to providing the child with necessary 187.23 food, clothing, shelter, education, and other care and control 187.24 necessary for the child's physical, mental, or emotional health 187.25 and development, if the parent is physically and financially 187.26 able, and reasonable efforts by the social service agency have 187.27 failed to correct the conditions that formed the basis of the 187.28 petition; 187.29 (3) that a parent has been ordered to contribute to the 187.30 support of the child or financially aid in the child's birth and 187.31 has continuously failed to do so without good cause. This 187.32 clause shall not be construed to state a grounds for termination 187.33 of parental rights of a noncustodial parent if that parent has 187.34 not been ordered to or cannot financially contribute to the 187.35 support of the child or aid in the child's birth; 187.36 (4) that a parent is palpably unfit to be a party to the 188.1 parent and child relationship because of a consistent pattern of 188.2 specific conduct before the child or of specific conditions 188.3 directly relating to the parent and child relationship either of 188.4 which are determined by the court to be of a duration or nature 188.5 that renders the parent unable, for the reasonably foreseeable 188.6 future, to care appropriately for the ongoing physical, mental, 188.7 or emotional needs of the child. It is presumed that a parent 188.8 is palpably unfit to be a party to the parent and child 188.9 relationship upon a showing that: 188.10 (i) the child was adjudicated in need of protection or 188.11 services due to circumstances described in section 260.015, 188.12 subdivision 2a, clause (1), (2), (3), (5), or (8); and 188.13 (ii) the parent's parental rights to one or more other 188.14 children were involuntarily terminated under clause (1), (2), 188.15 (4), or (7), or under clause (5) if the child was initially 188.16 determined to be in need of protection or services due to 188.17 circumstances described in section 260.015, subdivision 2a, 188.18 clause (1), (2), (3), (5), or (8); 188.19 (5) that following upon a determination of neglect or 188.20 dependency, or of a child's need for protection or services, 188.21 reasonable efforts, under the direction of the court, have 188.22 failed to correct the conditions leading to the determination. 188.23 It is presumed that reasonable efforts under this clause have 188.24 failed upon a showing that: 188.25 (i) a child has resided out of the parental home under 188.26 court order for a cumulative period of more than one year within 188.27 a five-year period following an adjudication of dependency, 188.28 neglect, need for protection or services under section 260.015, 188.29 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 188.30 neglected and in foster care, and an order for disposition under 188.31 section 260.191, including adoption of the case plan required by 188.32 section 257.071; 188.33 (ii) conditions leading to the determination will not be 188.34 corrected within the reasonably foreseeable future. It is 188.35 presumed that conditions leading to a child's out-of-home 188.36 placement will not be corrected in the reasonably foreseeable 189.1 future upon a showing that the parent or parents have not 189.2 substantially complied with the court's orders and a reasonable 189.3 case plan, and the conditions which led to the out-of-home 189.4 placement have not been corrected; and 189.5 (iii) reasonable efforts have been made by the social 189.6 service agency to rehabilitate the parent and reunite the family. 189.7 This clause does not prohibit the termination of parental 189.8 rights prior to one year after a child has been placed out of 189.9 the home. 189.10 It is also presumed that reasonable efforts have failed 189.11 under this clause upon a showing that: 189.12 (i) the parent has been diagnosed as chemically dependent 189.13 by a professional certified to make the diagnosis; 189.14 (ii) the parent has been required by a case plan to 189.15 participate in a chemical dependency treatment program; 189.16 (iii) the treatment programs offered to the parent were 189.17 culturally, linguistically, and clinically appropriate; 189.18 (iv) the parent has either failed two or more times to 189.19 successfully complete a treatment program or has refused at two 189.20 or more separate meetings with a caseworker to participate in a 189.21 treatment program; and 189.22 (v) the parent continues to abuse chemicals. 189.23 Provided, that this presumption applies only to parents required 189.24 by a case plan to participate in a chemical dependency treatment 189.25 program on or after July 1, 1990; 189.26 (6) that a child has experienced egregious harm in the 189.27 parent's care which is of a nature, duration, or chronicity that 189.28 indicates a lack of regard for the child's well-being, such that 189.29 a reasonable person would believe it contrary to the best 189.30 interest of the child or of any child to be in the parent's 189.31 care; 189.32 (7) that in the case of a child born to a mother who was 189.33 not married to the child's father when the child was conceived 189.34 nor when the child was born the person is not entitled to notice 189.35 of an adoption hearing under section 259.49 and the person has 189.36 not registered with the fathers' adoption registry under section 190.1 259.52; 190.2 (8) that the child is neglected and in foster care; or 190.3 (9) that the parent has been convicted of a crime listed in 190.4 section 260.012, paragraph (b), clauses (1) to (3). 190.5 In an action involving an American Indian child, sections 190.6 257.35 to 257.3579 and the Indian Child Welfare Act, United 190.7 States Code, title 25, sections 1901 to 1923, control to the 190.8 extent that the provisions of this section are inconsistent with 190.9 those laws. [260.221, subd. 1] 190.10 Subd. 2. [EVIDENCE OF ABANDONMENT.] For purposes of 190.11 subdivision 1, paragraph (b), clause (1): 190.12 (a) Abandonment is presumed when: 190.13 (1) the parent has had no contact with the child on a 190.14 regular basis and not demonstrated consistent interest in the 190.15 child's well-being for six months and the social service agency 190.16 has made reasonable efforts to facilitate contact, unless the 190.17 parent establishes that an extreme financial or physical 190.18 hardship or treatment for mental disability or chemical 190.19 dependency or other good cause prevented the parent from making 190.20 contact with the child. This presumption does not apply to 190.21 children whose custody has been determined under chapter 257 or 190.22 518; or 190.23 (2) the child is an infant under two years of age and has 190.24 been deserted by the parent under circumstances that show an 190.25 intent not to return to care for the child. 190.26 The court is not prohibited from finding abandonment in the 190.27 absence of the presumptions in clauses (1) and (2). 190.28 (b) The following are prima facie evidence of abandonment 190.29 where adoption proceedings are pending and there has been a 190.30 showing that the person was not entitled to notice of an 190.31 adoption proceeding under section 259.49: 190.32 (1) failure to register with the fathers' adoption registry 190.33 under section 259.52; or 190.34 (2) if the person registered with the fathers' adoption 190.35 registry under section 259.52: 190.36 (i) filing a denial of paternity within 30 days of receipt 191.1 of notice under section 259.52, subdivision 8; 191.2 (ii) failing to timely file an intent to claim parental 191.3 rights with entry of appearance form within 30 days of receipt 191.4 of notice under section 259.52, subdivision 10; or 191.5 (iii) timely filing an intent to claim parental rights with 191.6 entry of appearance form within 30 days of receipt of notice 191.7 under section 259.52, subdivision 10, but failing to initiate a 191.8 paternity action within 30 days of receiving the fathers' 191.9 adoption registry notice where there has been no showing of good 191.10 cause for the delay. [260.221, subd. 1a] 191.11 Subd. 3. [ADOPTIVE PARENT.] For purposes of subdivision 1, 191.12 clause (a), an adoptive parent may not terminate parental rights 191.13 to an adopted child for a reason that would not apply to a birth 191.14 parent seeking termination of parental rights to a child under 191.15 subdivision 1, clause (a). [260.221, subd. 2] 191.16 Subd. 4. [WHEN PRIOR FINDING REQUIRED.] For purposes of 191.17 subdivision 1, clause (b), no prior judicial finding of 191.18 dependency, neglect, need for protection or services, or 191.19 neglected and in foster care is required, except as provided in 191.20 subdivision 1, clause (b), item (5). [260.221, subd. 3] 191.21 Subd. 5. [BEST INTERESTS OF CHILD PARAMOUNT.] In any 191.22 proceeding under this section, the best interests of the child 191.23 must be the paramount consideration, provided that the 191.24 conditions in subdivision 1, clause (a), or at least one 191.25 condition in subdivision 1, clause (b), are found by the court. 191.26 In proceedings involving an American Indian child, as defined in 191.27 section 260.755, subdivision 8, the best interests of the child 191.28 must be determined consistent with the Indian Child Welfare Act 191.29 of 1978, United States Code, title 25, section 1901, et seq. 191.30 Where the interests of parent and child conflict, the interests 191.31 of the child are paramount. [260.221, subd. 4] 191.32 Subd. 6. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 191.33 proceeding under this section, the court shall make specific 191.34 findings: 191.35 (1) regarding the nature and extent of efforts made by the 191.36 social service agency to rehabilitate the parent and reunite the 192.1 family; 192.2 (2) that provision of services or further services for the 192.3 purpose of rehabilitation and reunification is futile and 192.4 therefore unreasonable under the circumstances; or 192.5 (3) that reunification is not required because the parent 192.6 has been convicted of a crime listed in section 260.012, 192.7 paragraph (b), clauses (1) to (3). [260.221, subd. 5] 192.8 Sec. 31. [260C.303] [VENUE.] 192.9 Venue for proceedings for the termination of parental 192.10 rights is either the county where the child resides or is found. 192.11 However, if a court has made an order under the provisions of 192.12 section 260C.201, and the order is in force at the time a 192.13 petition for termination of parental rights is filed, the court 192.14 making the order shall hear the termination of parental rights 192.15 proceeding unless it transfers the proceeding in the manner 192.16 provided in section 260C.121, subdivision 2. [260.225] 192.17 Sec. 32. [260C.307] [PROCEDURES IN TERMINATING PARENTAL 192.18 RIGHTS.] 192.19 Subdivision 1. [WHO MAY PETITION.] Any reputable person, 192.20 including but not limited to any agent of the commissioner of 192.21 human services, having knowledge of circumstances which indicate 192.22 that the rights of a parent to a child should be terminated, may 192.23 petition the juvenile court in the manner provided in section 192.24 260C.141, subdivisions 4 and 5. [260.231, subd. 1] 192.25 Subd. 2. [HEARING REQUIREMENT.] The termination of 192.26 parental rights under the provisions of section 260C.301, shall 192.27 be made only after a hearing before the court, in the manner 192.28 provided in section 260C.163. [260.231, subd. 2] 192.29 Subd. 3. [NOTICE.] The court shall have notice of the 192.30 time, place, and purpose of the hearing served on the parents, 192.31 as defined in sections 257.51 to 257.74 or 259.49, subdivision 192.32 1, clause (2), and upon the child's grandparent if the child has 192.33 lived with the grandparent within the two years immediately 192.34 preceding the filing of the petition. Notice must be served in 192.35 the manner provided in sections 260C.151 and 260C.152, except 192.36 that personal service shall be made at least ten days before the 193.1 day of the hearing. Published notice shall be made for three 193.2 weeks, the last publication to be at least ten days before the 193.3 day of the hearing; and notice sent by certified mail shall be 193.4 mailed at least 20 days before the day of the hearing. A parent 193.5 who consents to the termination of parental rights under the 193.6 provisions of section 260C.301, subdivision 2, clause (a), may 193.7 waive in writing the notice required by this subdivision; 193.8 however, if the parent is a minor or incompetent the waiver 193.9 shall be effective only if the parent's guardian ad litem 193.10 concurs in writing. [260.231, subd. 3] 193.11 Subd. 4. [CONSENT.] No parental rights of a minor or 193.12 incompetent parent may be terminated on consent of the parents 193.13 under the provisions of section 260C.301, subdivision 2, clause 193.14 (a), unless the guardian ad litem, in writing, joins in the 193.15 written consent of the parent to the termination of parental 193.16 rights. [260.231, subd. 4] 193.17 Sec. 33. [260C.312] [DISPOSITION; PARENTAL RIGHTS NOT 193.18 TERMINATED.] 193.19 If, after a hearing, the court does not terminate parental 193.20 rights but determines that the child is in need of protection or 193.21 services, or that the child is neglected and in foster care, the 193.22 court may find the child is in need of protection or services or 193.23 neglected and in foster care and may enter an order in 193.24 accordance with the provisions of section 260C.201. [260.235] 193.25 Sec. 34. [260C.317] [TERMINATION OF PARENTAL RIGHTS; 193.26 EFFECT.] 193.27 Subdivision 1. [TERMINATION.] If, after a hearing, the 193.28 court finds by clear and convincing evidence that one or more of 193.29 the conditions set out in section 260C.301 exist, it may 193.30 terminate parental rights. Upon the termination of parental 193.31 rights all rights, powers, privileges, immunities, duties, and 193.32 obligations, including any rights to custody, control, 193.33 visitation, or support existing between the child and parent 193.34 shall be severed and terminated and the parent shall have no 193.35 standing to appear at any further legal proceeding concerning 193.36 the child. Provided, however, that a parent whose parental 194.1 rights are terminated: 194.2 (1) shall remain liable for the unpaid balance of any 194.3 support obligation owed under a court order upon the effective 194.4 date of the order terminating parental rights; and 194.5 (2) may be a party to a communication or contact agreement 194.6 under section 259.58. [260.241, subd. 1] 194.7 Subd. 2. [ORDER.] An order terminating the parent and 194.8 child relationship shall not disentitle a child to any benefit 194.9 due the child from any third person, agency, state, or the 194.10 United States, nor shall any action under this section be deemed 194.11 to affect any rights and benefits that a child derives from the 194.12 child's descent from a member of a federally recognized Indian 194.13 tribe. [260.241, subd. 2] 194.14 Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A 194.15 certified copy of the findings and the order terminating 194.16 parental rights, and a summary of the court's information 194.17 concerning the child shall be furnished by the court to the 194.18 commissioner or the agency to which guardianship is 194.19 transferred. The orders shall be on a document separate from 194.20 the findings. The court shall furnish the individual to whom 194.21 guardianship is transferred a copy of the order terminating 194.22 parental rights. 194.23 (b) The court shall retain jurisdiction in a case where 194.24 adoption is the intended permanent placement disposition. The 194.25 guardian ad litem and counsel for the child shall continue on 194.26 the case until an adoption decree is entered. A hearing must be 194.27 held every 90 days following termination of parental rights for 194.28 the court to review progress toward an adoptive placement and 194.29 the specific recruitment efforts the agency has taken to find an 194.30 adoptive family or other placement living arrangement for the 194.31 child and to finalize the adoption or other permanency plan. 194.32 (c) The court shall retain jurisdiction in a case where 194.33 long-term foster care is the permanent disposition. The 194.34 guardian ad litem and counsel for the child must be dismissed 194.35 from the case on the effective date of the permanent placement 194.36 order. However, the foster parent and the child, if of 195.1 sufficient age, must be informed how they may contact a guardian 195.2 ad litem if the matter is subsequently returned to court. 195.3 [260.241, subd. 3] 195.4 Subd. 4. [RIGHTS OF TERMINATED PARENT.] Upon entry of an 195.5 order terminating the parental rights of any person who is 195.6 identified as a parent on the original birth certificate of the 195.7 child as to whom the parental rights are terminated, the court 195.8 shall cause written notice to be made to that person setting 195.9 forth: 195.10 (a) The right of the person to file at any time with the 195.11 state registrar of vital statistics a consent to disclosure, as 195.12 defined in section 144.212, subdivision 11; 195.13 (b) The right of the person to file at any time with the 195.14 state registrar of vital statistics an affidavit stating that 195.15 the information on the original birth certificate shall not be 195.16 disclosed as provided in section 144.1761; 195.17 (c) The effect of a failure to file either a consent to 195.18 disclosure, as defined in section 144.212, subdivision 11, or an 195.19 affidavit stating that the information on the original birth 195.20 certificate shall not be disclosed. [260.241, subd. 4] 195.21 Sec. 35. [260C.325] [GUARDIAN.] 195.22 Subdivision 1. [TRANSFER OF CUSTODY.] If the court 195.23 terminates parental rights of both parents or of the only known 195.24 living parent, the court shall order the guardianship and the 195.25 legal custody of the child transferred to: 195.26 (a) The commissioner of human services; or 195.27 (b) A licensed child-placing agency; or 195.28 (c) An individual who is willing and capable of assuming 195.29 the appropriate duties and responsibilities to the child. 195.30 [260.242, subd. 1] 195.31 Subd. 2. [PROTECTION OF HERITAGE OR BACKGROUND.] In 195.32 ordering guardianship and transferring legal custody of the 195.33 child to an individual under this section, the court shall 195.34 comply with the provisions of section 260C.193, subdivision 3. 195.35 [260.242, subd. 1a] 195.36 Subd. 3. [BOTH PARENTS DECEASED.] If upon petition to the 196.1 juvenile court by a reputable person, including but not limited 196.2 to an agent of the commissioner of human services, and upon 196.3 hearing in the manner provided in section 260C.163, the court 196.4 finds that both parents are deceased and no appointment has been 196.5 made or petition for appointment filed pursuant to sections 196.6 525.615 to 525.6185, the court shall order the guardianship and 196.7 legal custody of the child transferred to: 196.8 (a) the commissioner of human services; 196.9 (b) a licensed child-placing agency; or 196.10 (c) an individual who is willing and capable of assuming 196.11 the appropriate duties and responsibilities to the child. 196.12 [260.242, subd. 1b] 196.13 Subd. 4. [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 196.14 appointed under the provisions of this section has legal custody 196.15 of a ward unless the court which appoints the guardian gives 196.16 legal custody to some other person. If the court awards custody 196.17 to a person other than the guardian, the guardian nonetheless 196.18 has the right and responsibility of reasonable visitation, 196.19 except as limited by court order. 196.20 (b) The guardian may make major decisions affecting the 196.21 person of the ward, including but not limited to giving consent 196.22 (when consent is legally required) to the marriage, enlistment 196.23 in the armed forces, medical, surgical, or psychiatric 196.24 treatment, or adoption of the ward. When, pursuant to this 196.25 section, the commissioner of human services is appointed 196.26 guardian, the commissioner may delegate to the local social 196.27 services agency of the county in which, after the appointment, 196.28 the ward resides, the authority to act for the commissioner in 196.29 decisions affecting the person of the ward, including but not 196.30 limited to giving consent to the marriage, enlistment in the 196.31 armed forces, medical, surgical, or psychiatric treatment of the 196.32 ward. 196.33 (c) A guardianship created under the provisions of this 196.34 section shall not of itself include the guardianship of the 196.35 estate of the ward. 196.36 (d) If the ward is in foster care, the court shall, upon 197.1 its own motion or that of the guardian, conduct a dispositional 197.2 hearing within 18 months of the child's initial foster care 197.3 placement and once every 12 months thereafter to determine the 197.4 future status of the ward including, but not limited to, whether 197.5 the child should be continued in foster care for a specified 197.6 period, should be placed for adoption, or should, because of the 197.7 child's special needs or circumstances, be continued in foster 197.8 care on a long-term basis. [260.242, subd. 2] 197.9 Sec. 36. [260C.328] [CHANGE OF GUARDIAN; TERMINATION OF 197.10 GUARDIANSHIP.] 197.11 Upon its own motion or upon petition of an interested 197.12 party, the juvenile court having jurisdiction of the child may, 197.13 after notice to the parties and a hearing, remove the guardian 197.14 appointed by the juvenile court and appoint a new guardian in 197.15 accordance with the provisions of section 260C.325, subdivision 197.16 1, clause (a), (b), or (c). Upon a showing that the child is 197.17 emancipated, the court may discharge the guardianship. Any 197.18 child 14 years of age or older who is not adopted but who is 197.19 placed in a satisfactory foster home, may, with the consent of 197.20 the foster parents, join with the guardian appointed by the 197.21 juvenile court in a petition to the court having jurisdiction of 197.22 the child to discharge the existing guardian and appoint the 197.23 foster parents as guardians of the child. The authority of a 197.24 guardian appointed by the juvenile court terminates when the 197.25 individual under guardianship is no longer a minor or when 197.26 guardianship is otherwise discharged. [260.245] 197.27 Sec. 37. [260C.331] [COSTS OF CARE.] 197.28 Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a) 197.29 Except where parental rights are terminated, 197.30 (1) whenever legal custody of a child is transferred by the 197.31 court to a local social services agency, or 197.32 (2) whenever legal custody is transferred to a person other 197.33 than the local social services agency, but under the supervision 197.34 of the local social services agency, 197.35 (3) whenever a child is given physical or mental 197.36 examinations or treatment under order of the court, and no 198.1 provision is otherwise made by law for payment for the care, 198.2 examination, or treatment of the child, these costs are a charge 198.3 upon the welfare funds of the county in which proceedings are 198.4 held upon certification of the judge of juvenile court. 198.5 (b) The court shall order, and the local social services 198.6 agency shall require, the parents or custodian of a child, while 198.7 the child is under the age of 18, to use the total income and 198.8 resources attributable to the child for the period of care, 198.9 examination, or treatment, except for clothing and personal 198.10 needs allowance as provided in section 256B.35, to reimburse the 198.11 county for the cost of care, examination, or treatment. Income 198.12 and resources attributable to the child include, but are not 198.13 limited to, social security benefits, supplemental security 198.14 income (SSI), veterans benefits, railroad retirement benefits 198.15 and child support. When the child is over the age of 18, and 198.16 continues to receive care, examination, or treatment, the court 198.17 shall order, and the local social services agency shall require, 198.18 reimbursement from the child for the cost of care, examination, 198.19 or treatment from the income and resources attributable to the 198.20 child less the clothing and personal needs allowance. 198.21 (c) If the income and resources attributable to the child 198.22 are not enough to reimburse the county for the full cost of the 198.23 care, examination, or treatment, the court shall inquire into 198.24 the ability of the parents to support the child and, after 198.25 giving the parents a reasonable opportunity to be heard, the 198.26 court shall order, and the local social services agency shall 198.27 require, the parents to contribute to the cost of care, 198.28 examination, or treatment of the child. When determining the 198.29 amount to be contributed by the parents, the court shall use a 198.30 fee schedule based upon ability to pay that is established by 198.31 the local social services agency and approved by the 198.32 commissioner of human services. The income of a stepparent who 198.33 has not adopted a child shall be excluded in calculating the 198.34 parental contribution under this section. 198.35 (d) The court shall order the amount of reimbursement 198.36 attributable to the parents or custodian, or attributable to the 199.1 child, or attributable to both sources, withheld under chapter 199.2 518 from the income of the parents or the custodian of the 199.3 child. A parent or custodian who fails to pay without good 199.4 reason may be proceeded against for contempt, or the court may 199.5 inform the county attorney, who shall proceed to collect the 199.6 unpaid sums, or both procedures may be used. 199.7 (e) If the court orders a physical or mental examination 199.8 for a child, the examination is a medically necessary service 199.9 for purposes of determining whether the service is covered by a 199.10 health insurance policy, health maintenance contract, or other 199.11 health coverage plan. Court-ordered treatment shall be subject 199.12 to policy, contract, or plan requirements for medical 199.13 necessity. Nothing in this paragraph changes or eliminates 199.14 benefit limits, conditions of coverage, copayments or 199.15 deductibles, provider restrictions, or other requirements in the 199.16 policy, contract, or plan that relate to coverage of other 199.17 medically necessary services. [260.251, subd.1 (omitting 199.18 delinquency-related text)] 199.19 Subd. 2. [COST OF GROUP FOSTER CARE.] Whenever a child is 199.20 placed in a group foster care facility as provided in section 199.21 260C.201, subdivision 1, paragraph (b), clause (2) or (3), the 199.22 cost of providing the care shall, upon certification by the 199.23 juvenile court, be paid from the welfare fund of the county in 199.24 which the proceedings were held. To reimburse the counties for 199.25 the costs of promoting the establishment of suitable group 199.26 foster homes, the state shall quarterly, from funds appropriated 199.27 for that purpose, reimburse counties 50 percent of the costs not 199.28 paid by federal and other available state aids and grants. 199.29 Reimbursement shall be prorated if the appropriation is 199.30 insufficient. 199.31 The commissioner of corrections shall establish procedures 199.32 for reimbursement and certify to the commissioner of finance 199.33 each county entitled to receive state aid under the provisions 199.34 of this subdivision. Upon receipt of a certificate the 199.35 commissioner of finance shall issue a state warrant to the 199.36 county treasurer for the amount due, together with a copy of the 200.1 certificate prepared by the commissioner of corrections. 200.2 [260.251, subd. 1a] 200.3 Subd. 3. [COURT EXPENSES.] The following expenses are a 200.4 charge upon the county in which proceedings are held upon 200.5 certification of the judge of juvenile court or upon such other 200.6 authorization provided by law: 200.7 (a) The fees and mileage of witnesses, and the expenses and 200.8 mileage of officers serving notices and subpoenas ordered by the 200.9 court, as prescribed by law. 200.10 (b) The expenses for travel and board of the juvenile court 200.11 judge when holding court in places other than the county seat. 200.12 (c) The expense of transporting a child to a place 200.13 designated by a child-placing agency for the care of the child 200.14 if the court transfers legal custody to a child-placing agency. 200.15 (d) The expense of transporting a minor to a place 200.16 designated by the court. 200.17 (e) Reasonable compensation for an attorney appointed by 200.18 the court to serve as counsel or guardian ad litem. [260.251, 200.19 subd. 2] 200.20 Subd. 4. [LEGAL SETTLEMENT.] The county charged with the 200.21 costs and expenses under subdivisions 1 and 3 may recover these 200.22 costs and expenses from the county where the minor has legal 200.23 settlement for general assistance purposes by filing verified 200.24 claims which shall be payable as are other claims against the 200.25 county. A detailed statement of the facts upon which the claim 200.26 is based shall accompany the claim. If a dispute relating to 200.27 general assistance settlement arises, the local social services 200.28 agency of the county denying legal settlement shall send a 200.29 detailed statement of the facts upon which the claim is denied 200.30 together with a copy of the detailed statement of the facts upon 200.31 which the claim is based to the commissioner of human services. 200.32 The commissioner shall immediately investigate and determine the 200.33 question of general assistance settlement and shall certify 200.34 findings to the local social services agency of each county. 200.35 The decision of the commissioner is final and shall be complied 200.36 with unless, within 30 days thereafter, action is taken in 201.1 district court as provided in section 256.045. [260.251, subd. 201.2 3] 201.3 Subd. 5. [ATTORNEYS FEES.] In proceedings in which the 201.4 court has appointed counsel pursuant to section 260C.163, 201.5 subdivision 3, for a minor unable to employ counsel, the court 201.6 may inquire into the ability of the parents to pay for such 201.7 counsel's services and, after giving the parents a reasonable 201.8 opportunity to be heard, may order the parents to pay attorneys 201.9 fees. [260.251, subd. 4] 201.10 Subd. 6. [GUARDIAN AD LITEM FEES.] In proceedings in which 201.11 the court appoints a guardian ad litem pursuant to section 201.12 260C.163, subdivision 5, clause (a), the court may inquire into 201.13 the ability of the parents to pay for the guardian ad litem's 201.14 services and, after giving the parents a reasonable opportunity 201.15 to be heard, may order the parents to pay guardian fees. 201.16 [260.251, subd. 5] 201.17 Sec. 38. [260C.335] [CIVIL JURISDICTION OVER PERSONS 201.18 CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES; COURT ORDERS.] 201.19 Subdivision 1. [JURISDICTION.] The juvenile court has 201.20 civil jurisdiction over persons contributing to the need for 201.21 protection or services of a child under the provisions of this 201.22 section. [260.255, subd. 1 (omitting delinquency-related text)] 201.23 Subd. 2. [PETITION; ORDER TO SHOW CAUSE.] A request for 201.24 jurisdiction over a person described in subdivision 1 shall be 201.25 initiated by the filing of a verified petition by the county 201.26 attorney having jurisdiction over the place where the child is 201.27 found, resides, or where the alleged act of contributing 201.28 occurred. A prior or pending petition alleging that the child 201.29 is in need of protection or services is not a prerequisite to a 201.30 petition under this section. The petition shall allege the 201.31 factual basis for the claim that the person is contributing to 201.32 the child's need for protection or services. If the court 201.33 determines, upon review of the verified petition, that probable 201.34 cause exists to believe that the person has contributed to the 201.35 child's need for protection or services, the court shall issue 201.36 an order to show cause why the person should not be subject to 202.1 the jurisdiction of the court. The order to show cause and a 202.2 copy of the verified petition shall be served personally upon 202.3 the person and shall set forth the time and place of the hearing 202.4 to be conducted under subdivision 3. [260.255, subd. 1a 202.5 (omitting delinquency-related text)] 202.6 Subd. 3. [HEARING.] (a) The court shall conduct a hearing 202.7 on the petition in accordance with the procedures contained in 202.8 paragraph (b). 202.9 (b) Hearings under this subdivision shall be without a jury. 202.10 The rules of evidence promulgated pursuant to section 480.0591 202.11 and the provisions under section 260.156 shall apply. In all 202.12 proceedings under this section, the court shall admit only 202.13 evidence that would be admissible in a civil trial. When the 202.14 respondent is an adult, hearings under this subdivision shall be 202.15 open to the public. Hearings shall be conducted within five 202.16 days of personal service of the order to show cause and may be 202.17 continued for a reasonable period of time if a continuance is in 202.18 the best interest of the child or in the interests of justice. 202.19 (c) At the conclusion of the hearing, if the court finds by 202.20 a fair preponderance of the evidence that the person has 202.21 contributed to the child's need for protection or services, as 202.22 defined in section 260C.425, the court may make any of the 202.23 following orders: 202.24 (1) restrain the person from any further act or omission in 202.25 violation of section 260C.425; 202.26 (2) prohibit the person from associating or communicating 202.27 in any manner with the child; 202.28 (3) require the person to participate in evaluation or 202.29 services determined necessary by the court to correct the 202.30 conditions that contributed to the child's need for protection 202.31 or services; 202.32 (4) require the person to provide supervision, treatment, 202.33 or other necessary care; 202.34 (5) require the person to pay restitution to a victim for 202.35 pecuniary damages arising from an act of the child relating to 202.36 the child's need for protection or services; 203.1 (6) require the person to pay the cost of services provided 203.2 to the child or for the child's protection; or 203.3 (7) require the person to provide for the child's 203.4 maintenance or care if the person is responsible for the 203.5 maintenance or care, and direct when, how, and where money for 203.6 the maintenance or care shall be paid. If the person is 203.7 receiving public assistance for the child's maintenance or care, 203.8 the court shall authorize the public agency responsible for 203.9 administering the public assistance funds to make payments 203.10 directly to vendors for the cost of food, shelter, medical care, 203.11 utilities, and other necessary expenses. 203.12 (d) An order issued under this section shall be for a fixed 203.13 period of time, not to exceed one year. The order may be 203.14 renewed or modified prior to expiration upon notice and motion 203.15 when there has not been compliance with the court's order or the 203.16 order continues to be necessary to eliminate the contributing 203.17 behavior or to mitigate its effect on the child. [260.255, 203.18 subd. 2 (omitting delinquency-related text)] 203.19 Subd. 3. [CRIMINAL PROCEEDINGS.] The county attorney may 203.20 bring both a criminal proceeding under section 260C.425 and a 203.21 civil action under this section. [260.255, subd. 3] 203.22 Sec. 39. [260C.401] [JURISDICTION OF CERTAIN JUVENILE 203.23 COURTS OVER OFFENSE OF CONTRIBUTING TO NEGLECT.] 203.24 In counties having a population of over 200,000 the 203.25 juvenile court has jurisdiction of the offenses described in 203.26 section 260C.425. Prosecutions hereunder shall be begun by 203.27 complaint duly verified and filed in the juvenile court of the 203.28 county. The court may impose conditions upon a defendant who is 203.29 found guilty and, so long as the defendant complies with these 203.30 conditions to the satisfaction of the court, the sentence 203.31 imposed may be suspended. [260.261] 203.32 Sec. 40. [260C.405] [VIOLATION OF AN ORDER FOR 203.33 PROTECTION.] 203.34 Subdivision 1. [VIOLATION; PENALTY.] Whenever an order for 203.35 protection is granted pursuant to section 260C.148 or 260C.201, 203.36 subdivision 3, restraining the person or excluding the person 204.1 from the residence, and the respondent or person to be 204.2 restrained knows of the order, violation of the order for 204.3 protection is a misdemeanor. [260.271, subd. 1] 204.4 Subd. 2. [ARREST.] A peace officer shall arrest without a 204.5 warrant and take into custody a person whom the peace officer 204.6 has probable cause to believe has violated an order granted 204.7 pursuant to section 260C.148 or 260C.201, subdivision 3, 204.8 restraining the person or excluding the person from the 204.9 residence, if the existence of the order can be verified by the 204.10 officer. [260.271, subd. 2] 204.11 Subd. 3. [CONTEMPT.] A violation of an order for 204.12 protection shall also constitute contempt of court and the 204.13 person violating the order shall be subject to the penalties for 204.14 contempt. [260.271, subd. 3] 204.15 Subd. 4. [ORDER TO SHOW CAUSE.] Upon the filing of an 204.16 affidavit by the agency or any peace officer, alleging that the 204.17 respondent has violated an order for protection granted pursuant 204.18 to section 260C.148 or 260C.201, subdivision 3, the court may 204.19 issue an order to the respondent, requiring the respondent to 204.20 appear and show cause within 14 days why the respondent should 204.21 not be found in contempt of court. The hearing may be held by 204.22 the court in any county in which the child or respondent 204.23 temporarily or permanently resides at the time of the alleged 204.24 violation. 204.25 A peace officer is not liable under section 609.43, clause 204.26 (1), for failure to perform a duty required by subdivision 2. 204.27 [260.271, subd. 4] 204.28 Sec. 41. [260C.411] [NEW EVIDENCE.] 204.29 A child whose status has been adjudicated by a juvenile 204.30 court, or the child's parent, guardian, custodian or spouse may, 204.31 at any time within 15 days of the filing of the court's order, 204.32 petition the court for a rehearing on the ground that new 204.33 evidence has been discovered affecting the advisability of the 204.34 court's original adjudication or disposition. Upon a showing 204.35 that such evidence does exist the court shall order that a new 204.36 hearing be held within 30 days, unless the court extends this 205.1 time period for good cause shown within the 30-day period, and 205.2 shall make such disposition of the case as the facts and the 205.3 best interests of the child warrant. [260.281] 205.4 Sec. 42. [260C.415] [APPEAL.] 205.5 Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.] An 205.6 appeal may be taken by the aggrieved person from a final order 205.7 of the juvenile court affecting a substantial right of the 205.8 aggrieved person, including but not limited to an order 205.9 adjudging a child to be in need of protection or services, 205.10 neglected and in foster care. The appeal shall be taken within 205.11 30 days of the filing of the appealable order. The court 205.12 administrator shall notify the person having legal custody of 205.13 the minor of the appeal. Failure to notify the person having 205.14 legal custody of the minor shall not affect the jurisdiction of 205.15 the appellate court. The order of the juvenile court shall 205.16 stand, pending the determination of the appeal, but the 205.17 reviewing court may in its discretion and upon application stay 205.18 the order. [260.291, subd. 1 (omitting delinquency-related 205.19 text)] 205.20 Subd. 2. [APPEAL.] The appeal from a juvenile court is 205.21 taken to the court of appeals as in civil cases, except as 205.22 provided in subdivision 1. [260.291, subd. 2] 205.23 Sec. 43. [260C.421] [CONTEMPT.] 205.24 Any person knowingly interfering with an order of the 205.25 juvenile court is in contempt of court. However, a child who is 205.26 under the continuing jurisdiction of the court for reasons other 205.27 than having committed a delinquent act or a juvenile petty 205.28 offense may not be adjudicated as a delinquent solely on the 205.29 basis of having knowingly interfered with or disobeyed an order 205.30 of the court. [260.301] 205.31 Sec. 44. [260C.425] [CRIMINAL JURISDICTION FOR 205.32 CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES.] 205.33 Subdivision 1. [CRIMES.] (a) Any person who by act, word, 205.34 or omission encourages, causes, or contributes to the need for 205.35 protection or services is guilty of a gross misdemeanor. 205.36 (b) This section does not apply to licensed social service 206.1 agencies and outreach workers who, while acting within the scope 206.2 of their professional duties, provide services to runaway 206.3 children. [260.315, subd. 1 (omitting delinquency-related 206.4 text)] 206.5 Subd. 2. [COMPLAINT; VENUE.] A complaint under this 206.6 section may be filed by the county attorney having jurisdiction 206.7 where the child is found, resides, or where the alleged act of 206.8 contributing occurred. The complaint may be filed in either the 206.9 juvenile or criminal divisions of the district court. A prior 206.10 or pending petition alleging that the child is delinquent, a 206.11 juvenile petty offender, or in need of protection or services is 206.12 not a prerequisite to a complaint or a conviction under this 206.13 section. [260.315, subd. 2] 206.14 Subd. 3. [AFFIRMATIVE DEFENSE.] If the child's conduct is 206.15 the basis for the child's need for protection services, it is an 206.16 affirmative defense to a prosecution under subdivision 1 if the 206.17 defendant proves, by a preponderance of the evidence, that the 206.18 defendant took reasonable steps to control the child's conduct. 206.19 [260.315, subd. 3 (omitting delinquency-related text)] 206.20 Sec. 45. [260C.431] [TESTS, EXAMINATIONS.] 206.21 Thereafter it shall be the duty of the commissioner of 206.22 human services through the bureau of child welfare and local 206.23 social services agencies to arrange for such tests, 206.24 examinations, and investigations as are necessary for the proper 206.25 diagnosis, classification, treatment, care, and disposition of 206.26 the child as necessity and the best interests of the child shall 206.27 from time to time require. When it appears that a child found 206.28 to be in need of protection or services is sound of mind, free 206.29 from disease, and suitable for placement in a foster home for 206.30 care or adoption, the commissioner may so place the child or 206.31 delegate such duties to a child-placing agency accredited as 206.32 provided by law, or authorize the child's care in the county by 206.33 and under the supervision of the local social services agency. 206.34 [260.35] 206.35 Sec. 46. [260C.435] [SPECIAL PROVISIONS IN CERTAIN CASES.] 206.36 When the commissioner of human services shall find that a 207.1 child transferred to the commissioner's guardianship after 207.2 parental rights to the child are terminated or that a child 207.3 committed to the commissioner's guardianship as a child in need 207.4 of protection or services is handicapped physically or whose 207.5 mentality has not been satisfactorily determined or who is 207.6 affected by habits, ailments, or handicaps that produce erratic 207.7 and unstable conduct, and is not suitable or desirable for 207.8 placement in a home for permanent care or adoption, the 207.9 commissioner of human services shall make special provision for 207.10 the child's care and treatment designed to the child, if 207.11 possible, for such placement or to become self-supporting. The 207.12 facilities of the commissioner of human services and all state 207.13 treatment facilities, the Minnesota general hospital, and the 207.14 child guidance clinic of its psychopathic department, as well as 207.15 the facilities available through reputable clinics, private 207.16 child-caring agencies, and foster boarding homes, accredited as 207.17 provided by law, may be used as the particular needs of the 207.18 child may demand. When it appears that the child is suitable 207.19 for permanent placement or adoption, the commissioner of human 207.20 services shall cause the child to be placed as provided in 207.21 section 260C.431. If the commissioner of human services is 207.22 satisfied that the child is mentally retarded the commissioner 207.23 may bring the child before the district court of the county 207.24 where the child is found or the county of the child's legal 207.25 settlement for examination and commitment as provided by law. 207.26 [260.36] 207.27 Sec. 47. [260C.441] [COST, PAYMENT.] 207.28 In addition to the usual care and services given by public 207.29 and private agencies, the necessary cost incurred by the 207.30 commissioner of human services in providing care for such child 207.31 shall be paid by the county committing such child which, subject 207.32 to uniform rules established by the commissioner of human 207.33 services, may receive a reimbursement not exceeding one-half of 207.34 such costs from funds made available for this purpose by the 207.35 legislature during the period beginning July 1, 1985, and ending 207.36 December 31, 1985. Beginning January 1, 1986, the necessary 208.1 cost incurred by the commissioner of human services in providing 208.2 care for the child must be paid by the county committing the 208.3 child. Where such child is eligible to receive a grant of aid 208.4 to families with dependent children, Minnesota family investment 208.5 program-statewide or supplemental security income for the aged, 208.6 blind, and disabled, or a foster care maintenance payment under 208.7 title IV-E of the Social Security Act, United States Code, title 208.8 42, sections 670 to 676, the child's needs shall be met through 208.9 these programs. [260.38] 208.10 Sec. 48. [260C.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 208.11 ASSISTANCE FURNISHED.] 208.12 When any amount shall be recovered from any source for 208.13 assistance furnished under the provisions of sections 260C.001 208.14 to 260C.421, 260C.431, 260C.435, and 260C.441, there shall be 208.15 paid into the treasury of the state or county in the proportion 208.16 in which they have respectively contributed toward the total 208.17 assistance paid. [260.39] 208.18 Sec. 49. [260C.451] [AGE LIMIT FOR BENEFITS TO CHILDREN.] 208.19 For purposes of any program for foster children or children 208.20 under state guardianship for which benefits are made available 208.21 on June 1, 1973, unless specifically provided therein, the age 208.22 of majority shall be 21 years of age. [260.40] 208.23 ARTICLE 4 208.24 IMPLEMENTATION OF ACT 208.25 Section 1. [EFFECT OF CHANGES IN THIS ACT.] 208.26 The legislature intends this act to be a clarification and 208.27 reorganization of laws relating to juvenile delinquency and 208.28 child protection in Minnesota Statutes, chapters 257 and 260. 208.29 The changes that have been made are not intended to alter those 208.30 laws and shall not be construed by a court or other authority to 208.31 alter them. 208.32 Sec. 2. [INSTRUCTION TO REVISOR.] 208.33 (a) The revisor shall publish the statutory derivations of 208.34 the laws repealed and recodified in this act in Laws of 208.35 Minnesota and in the statutory history of chapters 257 and 260 208.36 in Minnesota Statutes. 209.1 (b) The revisor shall correct cross-references in Minnesota 209.2 Statutes and Minnesota Rules to sections that are repealed and 209.3 recodified by this act, and if Minnesota Statutes, chapter 257 209.4 or 260 is further amended in the 1999 legislative session, shall 209.5 codify the amendments in a manner consistent with this act. 209.6 Sec. 3. [REPEALER.] 209.7 Minnesota Statutes 1998, sections 257.069; 257.071; 209.8 257.0711; 257.072; 257.35; 257.351; 257.352; 257.353; 257.354; 209.9 257.355; 257.356; 257.3571; 257.3572; 257.3573; 257.3574; 209.10 257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 257.40; 209.11 257.41; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 209.12 260.011, subdivision 2; 260.012; 260.013; 260.015; 260.092; 209.13 260.094; 260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 209.14 260.126; 260.131; 260.132; 260.133; 260.135; 260.141; 260.145; 209.15 260.151; 260.152; 260.155; 260.157; 260.161; 260.162; 260.165; 209.16 260.171; 260.172; 260.173; 260.1735; 260.174; 260.181; 260.185; 209.17 260.191; 260.192; 260.193; 260.195; 260.211; 260.215; 260.221; 209.18 260.241; 260.242; 260.245; 260.251; 260.255; 260.261; 260.271; 209.19 260.281; 260.291; 260.301; 260.315; 260.35; 260.36; 260.39; and 209.20 260.40, are repealed.