SF 2483

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 11:36 p.m.

A bill for an act
relating to child protection; modifying provisions governing detention and release
of runaway children; amending Minnesota Statutes 2009 Supplement, sections
260C.175, subdivision 1; 260C.176, subdivision 1; 260C.178, subdivision 1.

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

Section 1.

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

Subdivision 1.

Immediate custody.

No child may be taken into immediate custody
except:

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

(2) by a peace officer:

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

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

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

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

Sec. 2.

Minnesota Statutes 2009 Supplement, section 260C.176, subdivision 1, is
amended to read:

Subdivision 1.

Notice; release.

If a child is taken into custody as provided in section
260C.175, the parent, guardian, or custodian of the child shall be notified as soon as
possible. Unless there is reason to believe that the child would endanger self or others or
not return for a court hearing, new text begin run away from the child's parent, guardian, or custodian
or otherwise not remain in the care or control of the person to whose lawful custody the
child is released, new text end or that the child's health or welfare would be immediately endangered,
the child shall be released to the custody of a parent, guardian, or other suitable relative.
When a child is taken into custody by a peace officer under section 260C.175, subdivision
1, clause (2), item (ii), release from detention may be authorized by the detaining officer,
the detaining officer's supervisor, the county attorney, or the social services agency,
provided that the agency has conducted an assessment and with the family has developed
and implemented a safety plan for the child, if needed. The person to whom the child is
released shall promise to bring the child to the court, if necessary, at the time the court
may direct. If the person taking the child into custody believes it desirable, that person
may request the parent, guardian, custodian, or other person designated by the court to
sign a written promise to bring the child to court as provided above. The intentional
violation of such a promise, whether given orally or in writing, shall be punishable as
contempt of court.

The court may require the parent, guardian, custodian, or other person to whom the
child is released, to post any reasonable bail or bond required by the court which shall be
forfeited to the court if the child does not appear as directed. The court may also release
the child on the child's own promise to appear in juvenile court.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 260C.178, subdivision 1, is
amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into
custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
hold a hearing within 72 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue in
custody.

(b) Unless there is reason to believe that the child would endanger self or others or
not return for a court hearing, new text begin run away from the child's parent, guardian, or custodian
or otherwise not remain in the care or control of the person to whose lawful custody the
child is released, new text end or that the child's health or welfare would be immediately endangered,
the child shall be released to the custody of a parent, guardian, custodian, or other
suitable person, subject to reasonable conditions of release including, but not limited to,
a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines there is reason to believe that the child would endanger
self or others or not return for a court hearing, new text begin run away from the child's parent, guardian,
or custodian or otherwise not remain in the care or control of the person to whose lawful
custody the child is released, new text end or that the child's health or welfare would be immediately
endangered if returned to the care of the parent or guardian who has custody and from
whom the child was removed, the court shall order the child into foster care under the
legal responsibility of the responsible social services agency or responsible probation or
corrections agency for the purposes of protective care as that term is used in the juvenile
court rules or into the home of a noncustodial parent and order the noncustodial parent
to comply with any conditions the court determines to be appropriate to the safety and
care of the child, including cooperating with paternity establishment proceedings in the
case of a man who has not been adjudicated the child's father. The court shall not give
the responsible social services legal custody and order a trial home visit at any time prior
to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a),
clause (3), but may order the child returned to the care of the parent or guardian who
has custody and from whom the child was removed and order the parent or guardian to
comply with any conditions the court determines to be appropriate to meet the safety,
health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator
of domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue
in foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
were made to prevent placement. The court shall enter a finding that the responsible
social services agency has made reasonable efforts to prevent placement when the agency
establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit
the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the
hearing that could safely permit the child to remain home or to return home. When
reasonable efforts to prevent placement are required and there are services or other efforts
that could be ordered which would permit the child to safely return home, the court shall
order the child returned to the care of the parent or guardian and the services or efforts put
in place to ensure the child's safety. When the court makes a prima facie determination
that one of the circumstances under paragraph (g) exists, the court shall determine that
reasonable efforts to prevent placement and to return the child to the care of the parent or
guardian are not required.

If the court finds the social services agency's preventive or reunification efforts
have not been reasonable but further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue
the removal of the child.

(f) The court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the child by
the parent or guardian would be contrary to the welfare of the child and that placement is
in the best interest of the child.

(g) At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily
terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred
to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction; or

(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable.

(h) When a petition to terminate parental rights is required under section 260C.301,
subdivision 3 or 4, but the county attorney has determined not to proceed with a
termination of parental rights petition, and has instead filed a petition to transfer permanent
legal and physical custody to a relative under section 260C.201, subdivision 11, the court
shall schedule a permanency hearing within 30 days of the filing of the petition.

(i) If the county attorney has filed a petition under section 260C.307, the court
shall schedule a trial under section 260C.163 within 90 days of the filing of the petition
except when the county attorney determines that the criminal case shall proceed to trial
first under section 260C.201, subdivision 3.

(j) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with the requirements of sections 260C.151,
260C.212, and 260C.215.

(k) If a child ordered into foster care has siblings, whether full, half, or step, who
are also ordered into foster care, the court shall inquire of the responsible social services
agency of the efforts to place the children together as required by section 260C.212,
subdivision 2, paragraph (d), if placement together is in each child's best interests, unless
a child is in placement for treatment or a child is placed with a previously noncustodial
parent who is not parent to all siblings. If the children are not placed together at the time of
the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
efforts to place the siblings together, as required under section 260.012. If any sibling is
not placed with another sibling or siblings, the agency must develop a plan to facilitate
visitation or ongoing contact among the siblings as required under section 260C.212,
subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.