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 to 260.301 
  1.32  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.