1.1                          A bill for an act 
  1.2             relating to crime prevention; extending the 
  1.3             jurisdiction of juvenile courts to include school 
  1.4             districts; creating a grant program to fund planning 
  1.5             for juvenile assessment centers; appropriating money; 
  1.6             amending Minnesota Statutes 1996, sections 260.111, by 
  1.7             adding a subdivision; 260.131, by adding a 
  1.8             subdivision; 260.141, by adding a subdivision; and 
  1.9             260.181, by adding subdivisions. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 260.111, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 6.  [JURISDICTION OVER SCHOOL DISTRICT.] The school 
  1.14  district of a child who is subject to the jurisdiction of the 
  1.15  court is also subject to the jurisdiction of the court in any 
  1.16  matter in which the child has received special education 
  1.17  services or in which there is reason to believe that the child 
  1.18  has a disability within the meaning of the Individuals with 
  1.19  Disabilities Education Act, United States Code, title 20, 
  1.20  section 1400, and applicable state law.  The district has a 
  1.21  right to notice under section 260.141, subdivision 2b. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 260.131, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 5.  [SCHOOL DISTRICT.] In any proceeding where the 
  1.25  petition or other information brought to the attention of the 
  1.26  court indicates that the child is either receiving special 
  1.27  education services or has a disability within the meaning of 
  2.1   United States Code, title 20, section 1400, and is before the 
  2.2   court on the basis of behavior that could reasonably be a 
  2.3   manifestation of the child's disability, or that occurred at the 
  2.4   child's school or in connection with a school activity, the 
  2.5   court may, at any point in the proceedings, direct the 
  2.6   prosecuting authority to serve a summons and notice on the 
  2.7   school district under section 260.141 and schedule a hearing on 
  2.8   the matter. 
  2.9      On a prima facie showing that the child is receiving 
  2.10  special education services or has a disability, the court may 
  2.11  order the school district to assess or reassess the child's need 
  2.12  for special education and related services consistent with the 
  2.13  requirements of the Individuals with Disabilities Education Act 
  2.14  and state law and regulations. 
  2.15     Sec. 3.  Minnesota Statutes 1996, section 260.141, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 2b.  [NOTICE TO SCHOOL DISTRICT.] In a proceeding in 
  2.18  which the court has extended jurisdiction over a school district 
  2.19  under section 260.111, subdivision 6, the prosecuting authority 
  2.20  shall notify the district superintendent of the pending 
  2.21  proceedings. 
  2.22     Sec. 4.  Minnesota Statutes 1996, section 260.181, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 1a.  [AUTHORITY TO STAY DISPOSITION.] If a child, 
  2.25  either before or after an adjudication, is found to have a 
  2.26  disability, the court in its discretion may stay disposition and 
  2.27  require the child's school district to fulfill its obligations 
  2.28  under the Individuals with Disabilities Education Act and 
  2.29  applicable state law.  The court's stay may be vacated on motion 
  2.30  of any interested party and a showing that the child failed to 
  2.31  attend an appropriate placement made pursuant to applicable law. 
  2.32     Sec. 5.  Minnesota Statutes 1996, section 260.181, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 5.  [FINDINGS REGARDING EDUCATION NEEDS.] If a child 
  2.35  has received special education services or if there is evidence 
  2.36  that the child has a disability, the court shall make findings 
  3.1   on the record addressing the school district's compliance with 
  3.2   state and federal law in serving the child. 
  3.3      Sec. 6.  [GRANT PROGRAM FOR JUVENILE ASSESSMENT CENTERS.] 
  3.4      Subdivision 1.  [PROGRAM DESCRIBED.] The commissioner of 
  3.5   children, families, and learning through the office of drug 
  3.6   policy and violence prevention, shall administer a pilot project 
  3.7   grant program to award grants to no more than three judicial 
  3.8   districts to develop and implement plans to create juvenile 
  3.9   assessment centers.  A juvenile assessment center is a 24-hour 
  3.10  centralized receiving, processing, and intervention facility for 
  3.11  children who are accused of committing delinquent acts or status 
  3.12  offenses or who are alleged to have been victims of abuse or 
  3.13  neglect. 
  3.14     Subd. 2.  [WORKING GROUPS AUTHORIZED; PLANS REQUIRED.] The 
  3.15  chief judge of a judicial district or the judge's designee may 
  3.16  convene a working group consisting of individuals experienced in 
  3.17  providing services to children.  A working group shall consist 
  3.18  of, but is not limited to, representatives from substance abuse 
  3.19  programs, domestic abuse programs, child protection agencies, 
  3.20  mental health providers, mental health collaboratives, law 
  3.21  enforcement agencies, the legal community, schools, health 
  3.22  service providers, and higher education institutions.  The 
  3.23  working group shall cooperatively develop a plan to create a 
  3.24  juvenile assessment center in the judicial district.  Juvenile 
  3.25  assessment centers must provide initial screening for children, 
  3.26  including intake and needs assessments, substance abuse 
  3.27  screening, physical and mental health screening, fetal alcohol 
  3.28  syndrome and fetal alcohol exposure screening, and diagnostic 
  3.29  educational testing, as appropriate.  The entities involved in 
  3.30  the assessment center shall make the resources for the provision 
  3.31  of these assessments available at the same level to which they 
  3.32  are available to the general public.  The plan must include, but 
  3.33  is not limited to, recommended screening tools to assess 
  3.34  children to determine their needs and assets; protocols to 
  3.35  determine how children should enter the center, what will happen 
  3.36  at the center, and what will happen after the child leaves the 
  4.1   center; methods to share information in a manner consistent with 
  4.2   existing law; and information on how the center will collaborate 
  4.3   with a higher educational institution that has expertise in the 
  4.4   research, programming, and evaluation of children's services.  
  4.5   The plan may also address the provision of services to children. 
  4.6      Subd. 3.  [COOPERATION WITH WORKING GROUPS.] The 
  4.7   commissioner may provide technical assistance to the working 
  4.8   groups and judicial districts.  If the working groups identify 
  4.9   any necessary changes in data privacy laws that would facilitate 
  4.10  the operation of the assessment centers, the commissioner may 
  4.11  recommend these changes to the legislature. 
  4.12     Subd. 4.  [AWARDING OF GRANTS.] By January 1, 1998, the 
  4.13  commissioner shall award grants under this section to judicial 
  4.14  districts to develop plans to create juvenile assessment 
  4.15  centers.  Each district awarded a planning grant shall submit 
  4.16  its plan to the commissioner.  The commissioner shall review the 
  4.17  plans and award grants to districts whose plans have been 
  4.18  approved to develop an assessment center. 
  4.19     Subd. 5.  [REPORT.] By January 15, 1999, the commissioner 
  4.20  shall report to the legislature on the planning and 
  4.21  implementation grants awarded under this section. 
  4.22     Sec. 7.  [APPROPRIATION.] 
  4.23     $....... for the fiscal year ending June 30, 1998, and 
  4.24  $....... for the fiscal year ending June 30, 1999, is 
  4.25  appropriated from the general fund to the commissioner of 
  4.26  children, families, and learning to administer the grant program 
  4.27  and to award the planning and implementation grants described in 
  4.28  section 6. 
  4.29     Sec. 8.  [EFFECTIVE DATE.] 
  4.30     Sections 1 to 5 are effective August 1, 1997, for acts 
  4.31  committed on or after that date.