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; 260.013; 260.015; 260.092; 
  1.17            260.094; 260.096; 260.101; 260.111; 260.115; 260.121; 
  1.18            260.125; 260.126; 260.131; 260.132; 260.133; 260.135; 
  1.19            260.141; 260.145; 260.151; 260.155; 260.157; 260.161; 
  1.20            260.162; 260.165; 260.171; 260.172; 260.173; 260.1735; 
  1.21            260.174; 260.181; 260.185; 260.191; 260.192; 260.193; 
  1.22            260.195; 260.211; 260.215; 260.221; 260.241; 260.242; 
  1.23            260.245; 260.251; 260.255; 260.261; 260.271; 260.281; 
  1.24            260.291; 260.301; 260.315; 260.35; 260.36; 260.39; and 
  1.25            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 260.755, 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 260.785, 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 260.785, 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 260.785, 
 18.7   subdivisions 1, 2, and 3.  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      Section 1.  [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. 2.  [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. 3.  [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. 4.  [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. 5.  [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 260C.212 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. 6.  [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. 7.  [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. 8.  [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 257.755, subdivision 8, 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.  The team may be the same team 
 47.34  as defined in section 260C.157, subdivision 3.  
 47.35     (b) This paragraph applies only in counties that have 
 47.36  established a juvenile treatment screening team under paragraph 
 48.1   (a).  If the court, prior to, or as part of, a final 
 48.2   disposition, proposes to place a child for the primary purpose 
 48.3   of treatment for an emotional disturbance, a developmental 
 48.4   disability, or chemical dependency in a residential treatment 
 48.5   facility out of state or in one which is within the state and 
 48.6   licensed by the commissioner of human services under chapter 
 48.7   245A, the court shall notify the county welfare agency.  The 
 48.8   county's juvenile treatment screening team must either: 
 48.9      (1) screen and evaluate the child and file its 
 48.10  recommendations with the court within 14 days of receipt of the 
 48.11  notice; or 
 48.12     (2) elect not to screen a given case, and notify the court 
 48.13  of that decision within three working days.  
 48.14     (c) If the screening team has elected to screen and 
 48.15  evaluate the child, the child may not be placed for the primary 
 48.16  purpose of treatment for an emotional disturbance, a 
 48.17  developmental disability, or chemical dependency, in a 
 48.18  residential treatment facility out of state nor in a residential 
 48.19  treatment facility within the state that is licensed under 
 48.20  chapter 245A, unless one of the following conditions applies:  
 48.21     (1) a treatment professional certifies that an emergency 
 48.22  requires the placement of the child in a facility within the 
 48.23  state; 
 48.24     (2) the screening team has evaluated the child and 
 48.25  recommended that a residential placement is necessary to meet 
 48.26  the child's treatment needs and the safety needs of the 
 48.27  community, that it is a cost-effective means of meeting the 
 48.28  treatment needs, and that it will be of therapeutic value to the 
 48.29  child; or 
 48.30     (3) the court, having reviewed a screening team 
 48.31  recommendation against placement, determines to the contrary 
 48.32  that a residential placement is necessary.  The court shall 
 48.33  state the reasons for its determination in writing, on the 
 48.34  record, and shall respond specifically to the findings and 
 48.35  recommendation of the screening team in explaining why the 
 48.36  recommendation was rejected.  The attorney representing the 
 49.1   child and the prosecuting attorney shall be afforded an 
 49.2   opportunity to be heard on the matter.  [260.151, subd. 3] 
 49.3      Sec. 19.  [260B.163] [HEARING.] 
 49.4      Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
 49.5   under section 260B.425, hearings on any matter shall be without 
 49.6   a jury and may be conducted in an informal manner, except that a 
 49.7   child who is prosecuted as an extended jurisdiction juvenile has 
 49.8   the right to a jury trial on the issue of guilt.  The rules of 
 49.9   evidence promulgated pursuant to section 480.0591 and the law of 
 49.10  evidence shall apply in adjudicatory proceedings involving a 
 49.11  child alleged to be delinquent, an extended jurisdiction 
 49.12  juvenile, or a juvenile petty offender, and hearings conducted 
 49.13  pursuant to section 260.125 except to the extent that the rules 
 49.14  themselves provide that they do not apply.  
 49.15     (b) When a continuance or adjournment is ordered in any 
 49.16  proceeding, the court may make any interim orders as it deems in 
 49.17  the best interests of the minor in accordance with the 
 49.18  provisions of sections 260B.001 to 260B.421. 
 49.19     (c) Except as otherwise provided in this paragraph, the 
 49.20  court shall exclude the general public from hearings under this 
 49.21  chapter and shall admit only those persons who, in the 
 49.22  discretion of the court, have a direct interest in the case or 
 49.23  in the work of the court.  The court shall permit the victim of 
 49.24  a child's delinquent act to attend any related delinquency 
 49.25  proceeding, except that the court may exclude the victim: 
 49.26     (1) as a witness under the Rules of Criminal Procedure; and 
 49.27     (2) from portions of a certification hearing to discuss 
 49.28  psychological material or other evidence that would not be 
 49.29  accessible to the public. 
 49.30  The court shall open the hearings to the public in delinquency 
 49.31  or extended jurisdiction juvenile proceedings where the child is 
 49.32  alleged to have committed an offense or has been proven to have 
 49.33  committed an offense that would be a felony if committed by an 
 49.34  adult and the child was at least 16 years of age at the time of 
 49.35  the offense, except that the court may exclude the public from 
 49.36  portions of a certification hearing to discuss psychological 
 50.1   material or other evidence that would not be accessible to the 
 50.2   public in an adult proceeding. 
 50.3      (d) In all delinquency cases a person named in the charging 
 50.4   clause of the petition as a person directly damaged in person or 
 50.5   property shall be entitled, upon request, to be notified by the 
 50.6   court administrator in writing, at the named person's last known 
 50.7   address, of (1) the date of the certification or adjudicatory 
 50.8   hearings, and (2) the disposition of the case.  [260.155, subd. 
 50.9   1 (omitting child protection-related text)] 
 50.10     Subd. 2.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 50.11  who is the subject of a petition, and the parents, guardian, or 
 50.12  legal custodian of the child have the right to participate in 
 50.13  all proceedings on a petition.  Official tribal representatives 
 50.14  have the right to participate in any proceeding that is subject 
 50.15  to the Indian Child Welfare Act of 1978, United States Code, 
 50.16  title 25, sections 1901 to 1963. 
 50.17     Any grandparent of the child has a right to participate in 
 50.18  the proceedings to the same extent as a parent, if the child has 
 50.19  lived with the grandparent within the two years preceding the 
 50.20  filing of the petition.  At the first hearing following the 
 50.21  filing of a petition, the court shall ask whether the child has 
 50.22  lived with a grandparent within the last two years, except that 
 50.23  the court need not make this inquiry if the petition states that 
 50.24  the child did not live with a grandparent during this time 
 50.25  period.  Failure to notify a grandparent of the proceedings is 
 50.26  not a jurisdictional defect.  [260.155, subd. 1a (omitting child 
 50.27  protection-related text)] 
 50.28     Subd. 3.  [RIGHT OF ALLEGED VICTIM TO PRESENCE OF 
 50.29  SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision 
 50.30  1 to the contrary, in any delinquency proceedings in which the 
 50.31  alleged victim of the delinquent act is testifying in court, the 
 50.32  victim may choose to have a supportive person who is not 
 50.33  scheduled to be a witness in the proceedings, present during the 
 50.34  testimony of the victim.  [260.155, subd. 1b] 
 50.35     Subd. 4.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 50.36  guardian or custodian has the right to effective assistance of 
 51.1   counsel in connection with a proceeding in juvenile court.  This 
 51.2   right does not apply to a child who is charged with a juvenile 
 51.3   petty offense as defined in section 260B.007, subdivision 15, 
 51.4   unless the child is charged with a third or subsequent juvenile 
 51.5   alcohol or controlled substance offense and may be subject to 
 51.6   the alternative disposition described in section 260B.235, 
 51.7   subdivision 6.  
 51.8      (b) The court shall appoint counsel, or stand-by counsel if 
 51.9   the child waives the right to counsel, for a child who is: 
 51.10     (1) charged by delinquency petition with a gross 
 51.11  misdemeanor or felony offense; or 
 51.12     (2) the subject of a delinquency proceeding in which 
 51.13  out-of-home placement has been proposed. 
 51.14     (c) If they desire counsel but are unable to employ it, the 
 51.15  court shall appoint counsel to represent the child or the 
 51.16  parents or guardian in any case in which it feels that such an 
 51.17  appointment is appropriate, except a juvenile petty offender who 
 51.18  does not have the right to counsel under paragraph (a).  
 51.19     (d) Counsel for the child shall not also act as the child's 
 51.20  guardian ad litem.  [260.155, subd. 2 (omitting child 
 51.21  protection-related text)] 
 51.22     Subd. 5.  [COUNTY ATTORNEY.] The county attorney shall 
 51.23  present the evidence upon request of the court.  [260.155, subd. 
 51.24  3 (omitting child protection-related text)] 
 51.25     Subd. 6.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 51.26  a guardian ad litem to protect the interests of the minor when 
 51.27  it appears, at any stage of the proceedings, that the minor is 
 51.28  without a parent or guardian, or that the minor's parent is a 
 51.29  minor or incompetent, or that the parent or guardian is 
 51.30  indifferent or hostile to the minor's interests.  In any other 
 51.31  case the court may appoint a guardian ad litem to protect the 
 51.32  interests of the minor when the court feels that such an 
 51.33  appointment is desirable.  The court shall appoint the guardian 
 51.34  ad litem on its own motion or in the manner provided for the 
 51.35  appointment of a guardian ad litem in the district court.  The 
 51.36  court may appoint separate counsel for the guardian ad litem if 
 52.1   necessary.  
 52.2      (b) A guardian ad litem shall carry out the following 
 52.3   responsibilities: 
 52.4      (1) conduct an independent investigation to determine the 
 52.5   facts relevant to the situation of the child and the family, 
 52.6   which must include, unless specifically excluded by the court, 
 52.7   reviewing relevant documents; meeting with and observing the 
 52.8   child in the home setting and considering the child's wishes, as 
 52.9   appropriate; and interviewing parents, caregivers, and others 
 52.10  with knowledge relevant to the case; 
 52.11     (2) advocate for the child's best interests by 
 52.12  participating in appropriate aspects of the case and advocating 
 52.13  for appropriate community services when necessary; 
 52.14     (3) maintain the confidentiality of information related to 
 52.15  a case, with the exception of sharing information as permitted 
 52.16  by law to promote cooperative solutions that are in the best 
 52.17  interests of the child; 
 52.18     (4) monitor the child's best interests throughout the 
 52.19  judicial proceeding; and 
 52.20     (5) present written reports on the child's best interests 
 52.21  that include conclusions and recommendations and the facts upon 
 52.22  which they are based. 
 52.23     (c) The court may waive the appointment of a guardian ad 
 52.24  litem pursuant to clause (a), whenever counsel has been 
 52.25  appointed pursuant to subdivision 2 or is retained otherwise, 
 52.26  and the court is satisfied that the interests of the minor are 
 52.27  protected. 
 52.28     (d) In appointing a guardian ad litem pursuant to clause 
 52.29  (a), the court shall not appoint the party, or any agent or 
 52.30  employee thereof, filing a petition pursuant to section 260.131. 
 52.31     (e) The following factors shall be considered when 
 52.32  appointing a guardian ad litem in a case involving an Indian or 
 52.33  minority child: 
 52.34     (1) whether a person is available who is the same racial or 
 52.35  ethnic heritage as the child or, if that is not possible; 
 52.36     (2) whether a person is available who knows and appreciates 
 53.1   the child's racial or ethnic heritage.  [260.155, subd. 4 
 53.2   (omitting child protection-related text)] 
 53.3      Subd. 7.  [PARENT OR GUARDIAN MUST ACCOMPANY CHILD AT 
 53.4   HEARING.] The custodial parent or guardian of a child who is 
 53.5   alleged or found to be delinquent, or is prosecuted as an 
 53.6   extended jurisdiction juvenile, must accompany the child at each 
 53.7   hearing held during the delinquency or extended jurisdiction 
 53.8   juvenile proceedings, unless the court excuses the parent or 
 53.9   guardian from attendance for good cause shown.  The failure of a 
 53.10  parent or guardian to comply with this duty may be punished as 
 53.11  provided in section 260B.154.  [260.155, subd. 4b.] 
 53.12     Subd. 8.  [WAIVING THE PRESENCE OF CHILD, PARENT.] Except 
 53.13  in delinquency proceedings, the court may waive the presence of 
 53.14  the minor in court at any stage of the proceedings when it is in 
 53.15  the best interests of the minor to do so.  In a delinquency 
 53.16  proceeding, after the child is found to be delinquent, the court 
 53.17  may excuse the presence of the child from the hearing when it is 
 53.18  in the best interests of the child to do so.  In any proceeding 
 53.19  the court may temporarily excuse the presence of the parent or 
 53.20  guardian of a minor from the hearing when it is in the best 
 53.21  interests of the minor to do so.  The attorney or guardian ad 
 53.22  litem, if any, has the right to continue to participate in 
 53.23  proceedings during the absence of the minor, parent, or 
 53.24  guardian.  [260.155, subd. 5] 
 53.25     Subd. 9.  [RIGHTS OF PARTIES AT HEARING.] The minor and the 
 53.26  minor's parent, guardian, or custodian are entitled to be heard, 
 53.27  to present evidence material to the case, and to cross examine 
 53.28  witnesses appearing at the hearing.  [260.155, subd. 6] 
 53.29     Subd. 10.  [WAIVER.] (a) Waiver of any right which a child 
 53.30  has under this chapter must be an express waiver voluntarily and 
 53.31  intelligently made by the child after the child has been fully 
 53.32  and effectively informed of the right being waived.  If a child 
 53.33  is not represented by counsel, any waiver must be given or any 
 53.34  objection must be offered by the child's guardian ad litem. 
 53.35     (b) Waiver of a child's right to be represented by counsel 
 53.36  provided under the juvenile court rules must be an express 
 54.1   waiver voluntarily and intelligently made by the child after the 
 54.2   child has been fully and effectively informed of the right being 
 54.3   waived.  In determining whether a child has voluntarily and 
 54.4   intelligently waived the right to counsel, the court shall look 
 54.5   to the totality of the circumstances which includes but is not 
 54.6   limited to the child's age, maturity, intelligence, education, 
 54.7   experience, and ability to comprehend, and the presence and 
 54.8   competence of the child's parents, guardian, or guardian ad 
 54.9   litem.  If the court accepts the child's waiver, it shall state 
 54.10  on the record the findings and conclusions that form the basis 
 54.11  for its decision to accept the waiver.  [260.155, subd. 8] 
 54.12     Sec. 20.  [260B.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 
 54.13  ACT.] 
 54.14     The provisions of this chapter must be construed 
 54.15  consistently with the Indian Child Welfare Act of 1978, United 
 54.16  States Code, title 25, sections 1901 to 1963.  [260.157] 
 54.17     Sec. 21.  [260B.171] [RECORDS.] 
 54.18     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 54.19  juvenile court judge shall keep such minutes and in such manner 
 54.20  as the court deems necessary and proper.  Except as provided in 
 54.21  paragraph (b), the court shall keep and maintain records 
 54.22  pertaining to delinquent adjudications until the person reaches 
 54.23  the age of 28 years and shall release the records on an 
 54.24  individual to another juvenile court that has jurisdiction of 
 54.25  the juvenile, to a requesting adult court for purposes of 
 54.26  sentencing, or to an adult court or juvenile court as required 
 54.27  by the right of confrontation of either the United States 
 54.28  Constitution or the Minnesota Constitution.  The juvenile court 
 54.29  shall provide, upon the request of any other juvenile court, 
 54.30  copies of the records concerning adjudications involving the 
 54.31  particular child.  The court also may provide copies of records 
 54.32  concerning delinquency adjudications, on request, to law 
 54.33  enforcement agencies, probation officers, and corrections agents 
 54.34  if the court finds that providing these records serves public 
 54.35  safety or is in the best interests of the child.  Until July 1, 
 54.36  1999, juvenile court delinquency proceeding records of 
 55.1   adjudications, court transcripts, and delinquency petitions, 
 55.2   including any probable cause attachments that have been filed or 
 55.3   police officer reports relating to a petition, must be released 
 55.4   to requesting law enforcement agencies and prosecuting 
 55.5   authorities for purposes of investigating and prosecuting 
 55.6   violations of section 609.229, provided that psychological or 
 55.7   mental health reports may not be included with those records.  
 55.8   The agency receiving the records may release the records only as 
 55.9   permitted under this section or authorized by law. 
 55.10     The court shall also keep an index in which files 
 55.11  pertaining to juvenile matters shall be indexed under the name 
 55.12  of the child.  After the name of each file shall be shown the 
 55.13  file number and, if ordered by the court, the book and page of 
 55.14  the register in which the documents pertaining to such file are 
 55.15  listed.  The court shall also keep a register properly indexed 
 55.16  in which shall be listed under the name of the child all 
 55.17  documents filed pertaining to the child and in the order filed.  
 55.18  The list shall show the name of the document and the date of 
 55.19  filing thereof.  The juvenile court legal records shall be 
 55.20  deposited in files and shall include the petition, summons, 
 55.21  notice, findings, orders, decrees, judgments, and motions and 
 55.22  such other matters as the court deems necessary and proper.  
 55.23  Unless otherwise provided by law, all court records shall be 
 55.24  open at all reasonable times to the inspection of any child to 
 55.25  whom the records relate, and to the child's parent and guardian. 
 55.26     (b) The court shall retain records of the court finding 
 55.27  that a juvenile committed an act that would be a felony or gross 
 55.28  misdemeanor level offense until the offender reaches the age of 
 55.29  28.  If the offender commits a felony as an adult, or the court 
 55.30  convicts a child as an extended jurisdiction juvenile, the court 
 55.31  shall retain the juvenile records for as long as the records 
 55.32  would have been retained if the offender had been an adult at 
 55.33  the time of the juvenile offense.  This paragraph does not apply 
 55.34  unless the juvenile was provided counsel as required by section 
 55.35  260B.163, subdivision 2.  [260.161, subd. 1] 
 55.36     Subd. 2.  [RECORD OF FINDINGS.] (a) The juvenile court 
 56.1   shall forward to the bureau of criminal apprehension the 
 56.2   following data in juvenile petitions involving felony- or gross 
 56.3   misdemeanor-level offenses: 
 56.4      (1) the name and birthdate of the juvenile, including any 
 56.5   of the juvenile's known aliases or street names; 
 56.6      (2) the act for which the juvenile was petitioned and date 
 56.7   of the offense; and 
 56.8      (3) the date and county where the petition was filed. 
 56.9      (b) Upon completion of the court proceedings, the court 
 56.10  shall forward the court's finding and case disposition to the 
 56.11  bureau.  The court shall specify whether: 
 56.12     (1) the juvenile was referred to a diversion program; 
 56.13     (2) the petition was dismissed, continued for dismissal, or 
 56.14  continued without adjudication; or 
 56.15     (3) the juvenile was adjudicated delinquent. 
 56.16     (c) The juvenile court shall forward to the bureau, the 
 56.17  sentencing guidelines commission, and the department of 
 56.18  corrections the following data on individuals convicted as 
 56.19  extended jurisdiction juveniles: 
 56.20     (1) the name and birthdate of the offender, including any 
 56.21  of the juvenile's known aliases or street names; 
 56.22     (2) the crime committed by the offender and the date of the 
 56.23  crime; 
 56.24     (3) the date and county of the conviction; and 
 56.25     (4) the case disposition. 
 56.26     The court shall notify the bureau, the sentencing 
 56.27  guidelines commission, and the department of corrections 
 56.28  whenever it executes an extended jurisdiction juvenile's adult 
 56.29  sentence under section 260B.130, subdivision 5. 
 56.30     (d) The bureau, sentencing guidelines commission, and the 
 56.31  department of corrections shall retain the extended jurisdiction 
 56.32  juvenile data for as long as the data would have been retained 
 56.33  if the offender had been an adult at the time of the offense.  
 56.34  Data retained on individuals under this subdivision are private 
 56.35  data under section 13.02, except that extended jurisdiction 
 56.36  juvenile data becomes public data under section 13.87, 
 57.1   subdivision 2, when the juvenile court notifies the bureau that 
 57.2   the individual's adult sentence has been executed under section 
 57.3   260B.130, subdivision 5.  [260.161, subd. 1a] 
 57.4      Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
 57.5   juvenile is enrolled in school, the juvenile's probation officer 
 57.6   shall transmit a copy of the court's disposition order to the 
 57.7   principal or chief administrative officer of the juvenile's 
 57.8   school if the juvenile has been adjudicated delinquent for 
 57.9   committing an act on the school's property or an act: 
 57.10     (1) that would be a violation of section 609.185 
 57.11  (first-degree murder); 609.19 (second-degree murder); 609.195 
 57.12  (third-degree murder); 609.20 (first-degree manslaughter); 
 57.13  609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
 57.14  homicide and injury); 609.221 (first-degree assault); 609.222 
 57.15  (second-degree assault); 609.223 (third-degree assault); 
 57.16  609.2231 (fourth-degree assault); 609.224 (fifth-degree 
 57.17  assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
 57.18  609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 57.19  (false imprisonment); 609.342 (first-degree criminal sexual 
 57.20  conduct); 609.343 (second-degree criminal sexual conduct); 
 57.21  609.344 (third-degree criminal sexual conduct); 609.345 
 57.22  (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
 57.23  criminal sexual conduct); 609.498 (tampering with a witness); 
 57.24  609.561 (first-degree arson); 609.582, subdivision 1 or 2 
 57.25  (burglary); 609.713 (terroristic threats); or 609.749 
 57.26  (harassment and stalking), if committed by an adult; 
 57.27     (2) that would be a violation of section 152.021 
 57.28  (first-degree controlled substance crime); 152.022 
 57.29  (second-degree controlled substance crime); 152.023 
 57.30  (third-degree controlled substance crime); 152.024 
 57.31  (fourth-degree controlled substance crime); 152.025 
 57.32  (fifth-degree controlled substance crime); 152.0261 (importing a 
 57.33  controlled substance); or 152.027 (other controlled substance 
 57.34  offenses), if committed by an adult; or 
 57.35     (3) that involved the possession or use of a dangerous 
 57.36  weapon as defined in section 609.02, subdivision 6. 
 58.1      When a disposition order is transmitted under this 
 58.2   paragraph, the probation officer shall notify the juvenile's 
 58.3   parent or legal guardian that the disposition order has been 
 58.4   shared with the juvenile's school. 
 58.5      (b) The disposition order must be accompanied by a notice 
 58.6   to the school that the school may obtain additional information 
 58.7   from the juvenile's probation officer with the consent of the 
 58.8   juvenile or the juvenile's parents, as applicable.  The 
 58.9   disposition order must be maintained in the student's permanent 
 58.10  education record but may not be released outside of the school 
 58.11  district or educational entity, other than to another school 
 58.12  district or educational entity to which the juvenile is 
 58.13  transferring.  Notwithstanding section 138.17, the disposition 
 58.14  order must be destroyed when the juvenile graduates from the 
 58.15  school or at the end of the academic year when the juvenile 
 58.16  reaches age 23, whichever date is earlier. 
 58.17     (c) The juvenile's probation officer shall maintain a 
 58.18  record of disposition orders released under this subdivision and 
 58.19  the basis for the release. 
 58.20     (d) The criminal and juvenile justice information policy 
 58.21  group, in consultation with representatives of probation 
 58.22  officers and educators, shall prepare standard forms for use by 
 58.23  juvenile probation officers in forwarding information to schools 
 58.24  under this subdivision and in maintaining a record of the 
 58.25  information that is released.  
 58.26     (e) As used in this subdivision, "school" means a public or 
 58.27  private elementary, middle, or secondary school.  [260.161, 
 58.28  subd. 1b] 
 58.29     Subd. 4.  [PUBLIC INSPECTION OF RECORDS.] (a) Legal records 
 58.30  arising from proceedings or portions of proceedings that are 
 58.31  public under section 260B.163, subdivision 1, are open to public 
 58.32  inspection. 
 58.33     (b) Except as otherwise provided by this section, none of 
 58.34  the records of the juvenile court and none of the records 
 58.35  relating to an appeal from a nonpublic juvenile court 
 58.36  proceeding, except the written appellate opinion, shall be open 
 59.1   to public inspection or their contents disclosed except: 
 59.2      (1) by order of a court; or 
 59.3      (2) as required by sections 245A.04, 611A.03, 611A.04, 
 59.4   611A.06, and 629.73. 
 59.5      (c) The victim of any alleged delinquent act may, upon the 
 59.6   victim's request, obtain the following information, unless it 
 59.7   reasonably appears that the request is prompted by a desire on 
 59.8   the part of the requester to engage in unlawful activities: 
 59.9      (1) the name and age of the juvenile; 
 59.10     (2) the act for which the juvenile was petitioned and date 
 59.11  of the offense; and 
 59.12     (3) the disposition, including but not limited to, 
 59.13  dismissal of the petition, diversion, probation and conditions 
 59.14  of probation, detention, fines, or restitution. 
 59.15     (d) The records of juvenile probation officers and county 
 59.16  home schools are records of the court for the purposes of this 
 59.17  subdivision.  Court services data relating to delinquent acts 
 59.18  that are contained in records of the juvenile court may be 
 59.19  released as allowed under section 13.84, subdivision 5a.  This 
 59.20  subdivision applies to all proceedings under this chapter, 
 59.21  including appeals from orders of the juvenile court, except that 
 59.22  this subdivision does not apply to proceedings under section 
 59.23  260B.335 or 260B.425 when the proceeding involves an adult 
 59.24  defendant.  The court shall maintain the confidentiality of 
 59.25  adoption files and records in accordance with the provisions of 
 59.26  laws relating to adoptions.  In juvenile court proceedings any 
 59.27  report or social history furnished to the court shall be open to 
 59.28  inspection by the attorneys of record and the guardian ad litem 
 59.29  a reasonable time before it is used in connection with any 
 59.30  proceeding before the court. 
 59.31     (e) When a judge of a juvenile court, or duly authorized 
 59.32  agent of the court, determines under a proceeding under this 
 59.33  chapter that a child has violated a state or local law, 
 59.34  ordinance, or regulation pertaining to the operation of a motor 
 59.35  vehicle on streets and highways, except parking violations, the 
 59.36  judge or agent shall immediately report the violation to the 
 60.1   commissioner of public safety.  The report must be made on a 
 60.2   form provided by the department of public safety and must 
 60.3   contain the information required under section 169.95. 
 60.4      (f) A county attorney may give a law enforcement agency 
 60.5   that referred a delinquency matter to the county attorney a 
 60.6   summary of the results of that referral, including the details 
 60.7   of any juvenile court disposition.  [260.161, subd. 2 (omitting 
 60.8   child protection-related text)] 
 60.9      Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 60.10  for records relating to an offense where proceedings are public 
 60.11  under section 260B.163, subdivision 1, peace officers' records 
 60.12  of children who are or may be delinquent or who may be engaged 
 60.13  in criminal acts shall be kept separate from records of persons 
 60.14  18 years of age or older and are private data but shall be 
 60.15  disseminated:  (1) by order of the juvenile court, (2) as 
 60.16  required by section 121A.28, (3) as authorized under section 
 60.17  13.82, subdivision 2, (4) to the child or the child's parent or 
 60.18  guardian unless disclosure of a record would interfere with an 
 60.19  ongoing investigation, (5) to the Minnesota crime victims 
 60.20  reparations board as required by section 611A.56, subdivision 2, 
 60.21  clause (f), for the purpose of processing claims for crime 
 60.22  victims reparations, or (6) as otherwise provided in this 
 60.23  subdivision.  Except as provided in paragraph (c), no 
 60.24  photographs of a child taken into custody may be taken without 
 60.25  the consent of the juvenile court unless the child is alleged to 
 60.26  have violated section 169.121 or 169.129.  Peace officers' 
 60.27  records containing data about children who are victims of crimes 
 60.28  or witnesses to crimes must be administered consistent with 
 60.29  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 60.30  violating any of the provisions of this subdivision shall be 
 60.31  guilty of a misdemeanor. 
 60.32     In the case of computerized records maintained about 
 60.33  juveniles by peace officers, the requirement of this subdivision 
 60.34  that records about juveniles must be kept separate from adult 
 60.35  records does not mean that a law enforcement agency must keep 
 60.36  its records concerning juveniles on a separate computer system.  
 61.1   Law enforcement agencies may keep juvenile records on the same 
 61.2   computer as adult records and may use a common index to access 
 61.3   both juvenile and adult records so long as the agency has in 
 61.4   place procedures that keep juvenile records in a separate place 
 61.5   in computer storage and that comply with the special data 
 61.6   retention and other requirements associated with protecting data 
 61.7   on juveniles. 
 61.8      (b) Nothing in this subdivision prohibits the exchange of 
 61.9   information by law enforcement agencies if the exchanged 
 61.10  information is pertinent and necessary for law enforcement 
 61.11  purposes. 
 61.12     (c) A photograph may be taken of a child taken into custody 
 61.13  pursuant to section 260B.175, subdivision 1, clause (b), 
 61.14  provided that the photograph must be destroyed when the child 
 61.15  reaches the age of 19 years.  The commissioner of corrections 
 61.16  may photograph juveniles whose legal custody is transferred to 
 61.17  the commissioner.  Photographs of juveniles authorized by this 
 61.18  paragraph may be used only for institution management purposes, 
 61.19  case supervision by parole agents, and to assist law enforcement 
 61.20  agencies to apprehend juvenile offenders.  The commissioner 
 61.21  shall maintain photographs of juveniles in the same manner as 
 61.22  juvenile court records and names under this section. 
 61.23     (d) Traffic investigation reports are open to inspection by 
 61.24  a person who has sustained physical harm or economic loss as a 
 61.25  result of the traffic accident.  Identifying information on 
 61.26  juveniles who are parties to traffic accidents may be disclosed 
 61.27  as authorized under section 13.82, subdivision 4, and accident 
 61.28  reports required under section 169.09 may be released under 
 61.29  section 169.09, subdivision 13, unless the information would 
 61.30  identify a juvenile who was taken into custody or who is 
 61.31  suspected of committing an offense that would be a crime if 
 61.32  committed by an adult, or would associate a juvenile with the 
 61.33  offense, and the offense is not an adult court traffic offense 
 61.34  under section 260B.225. 
 61.35     (e) A law enforcement agency shall notify the principal or 
 61.36  chief administrative officer of a juvenile's school of an 
 62.1   incident occurring within the agency's jurisdiction if: 
 62.2      (1) the agency has probable cause to believe that the 
 62.3   juvenile has committed an offense that would be a crime if 
 62.4   committed as an adult, that the victim of the offense is a 
 62.5   student or staff member of the school, and that notice to the 
 62.6   school is reasonably necessary for the protection of the victim; 
 62.7   or 
 62.8      (2) the agency has probable cause to believe that the 
 62.9   juvenile has committed an offense described in subdivision 1b, 
 62.10  paragraph (a), clauses (1) to (3), that would be a crime if 
 62.11  committed by an adult, regardless of whether the victim is a 
 62.12  student or staff member of the school. 
 62.13     A law enforcement agency is not required to notify the 
 62.14  school under this paragraph if the agency determines that notice 
 62.15  would jeopardize an ongoing investigation.  Notwithstanding 
 62.16  section 138.17, data from a notice received from a law 
 62.17  enforcement agency under this paragraph must be destroyed when 
 62.18  the juvenile graduates from the school or at the end of the 
 62.19  academic year when the juvenile reaches age 23, whichever date 
 62.20  is earlier.  For purposes of this paragraph, "school" means a 
 62.21  public or private elementary, middle, or secondary school. 
 62.22     (f) In any county in which the county attorney operates or 
 62.23  authorizes the operation of a juvenile prepetition or pretrial 
 62.24  diversion program, a law enforcement agency or county attorney's 
 62.25  office may provide the juvenile diversion program with data 
 62.26  concerning a juvenile who is a participant in or is being 
 62.27  considered for participation in the program. 
 62.28     (g) Upon request of a local social service agency, peace 
 62.29  officer records of children who are or may be delinquent or who 
 62.30  may be engaged in criminal acts may be disseminated to the 
 62.31  agency to promote the best interests of the subject of the data. 
 62.32     (h) Upon written request, the prosecuting authority shall 
 62.33  release investigative data collected by a law enforcement agency 
 62.34  to the victim of a criminal act or alleged criminal act or to 
 62.35  the victim's legal representative, except as otherwise provided 
 62.36  by this paragraph.  Data shall not be released if: 
 63.1      (1) the release to the individual subject of the data would 
 63.2   be prohibited under section 13.391; or 
 63.3      (2) the prosecuting authority reasonably believes: 
 63.4      (i) that the release of that data will interfere with the 
 63.5   investigation; or 
 63.6      (ii) that the request is prompted by a desire on the part 
 63.7   of the requester to engage in unlawful activities.  [260.161, 
 63.8   subd. 3] 
 63.9      Subd. 6.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
 63.10  representing a child, parent, or guardian ad litem in a 
 63.11  proceeding under this chapter shall be given access to records, 
 63.12  local social service agency files, and reports which form the 
 63.13  basis of any recommendation made to the court.  An attorney does 
 63.14  not have access under this subdivision to the identity of a 
 63.15  person who made a report under section 626.556.  The court may 
 63.16  issue protective orders to prohibit an attorney from sharing a 
 63.17  specified record or portion of a record with a client other than 
 63.18  a guardian ad litem.  [260.161, subd. 3a] 
 63.19     Subd. 7.  [COURT RECORD RELEASED TO PROSECUTOR.] If a 
 63.20  prosecutor has probable cause to believe that a person has 
 63.21  committed a gross misdemeanor violation of section 169.121 or 
 63.22  has violated section 169.129, and that a prior juvenile court 
 63.23  adjudication forms, in part, the basis for the current 
 63.24  violation, the prosecutor may file an application with the court 
 63.25  having jurisdiction over the criminal matter attesting to this 
 63.26  probable cause determination and seeking the relevant juvenile 
 63.27  court records.  The court shall transfer the application to the 
 63.28  juvenile court where the requested records are maintained, and 
 63.29  the juvenile court shall release to the prosecutor any records 
 63.30  relating to the person's prior juvenile traffic adjudication, 
 63.31  including a transcript, if any, of the court's advisory of the 
 63.32  right to counsel and the person's exercise or waiver of that 
 63.33  right.  [260.161, subd. 4] 
 63.34     Subd. 8.  [FURTHER RELEASE OF RECORDS.] A person who 
 63.35  receives access to juvenile court or peace officer records of 
 63.36  children that are not accessible to the public may not release 
 64.1   or disclose the records to any other person except as authorized 
 64.2   by law.  This subdivision does not apply to the child who is the 
 64.3   subject of the records or the child's parent or guardian.  
 64.4   [260.161, subd. 5] 
 64.5      Sec. 22.  [260B.173] [REPORT ON JUVENILE DELINQUENCY 
 64.6   PETITIONS.] 
 64.7      The state court administrator shall annually prepare and 
 64.8   present to the chairs and ranking minority members of the house 
 64.9   judiciary committee and the senate crime prevention committee 
 64.10  aggregate data by judicial district on juvenile delinquency 
 64.11  petitions.  The report must include, but need not be limited to, 
 64.12  information on the act for which a delinquency petition is 
 64.13  filed, the age of the juvenile, the county where the petition 
 64.14  was filed, the outcome of the petition, such as dismissal, 
 64.15  continuance for dismissal, continuance without adjudication, and 
 64.16  the disposition of the petition such as diversion, detention, 
 64.17  probation, restitution, or fine.  The report must be prepared on 
 64.18  a calendar year basis and be submitted annually beginning July 
 64.19  1, 1999.  [260.162] 
 64.20     Sec. 23.  [260B.175] [TAKING CHILD INTO CUSTODY.] 
 64.21     Subdivision 1.  [IMMEDIATE CUSTODY.] No child may be taken 
 64.22  into immediate custody except: 
 64.23     (a) With an order issued by the court in accordance with 
 64.24  the provisions of section 260B.151, subdivision 5, or Laws 1997, 
 64.25  chapter 239, article 10, section 10, paragraph (a), clause (3), 
 64.26  or 12, paragraph (a), clause (3), or by a warrant issued in 
 64.27  accordance with the provisions of section 260B.154; 
 64.28     (b) In accordance with the laws relating to arrests; or 
 64.29     (c) By a peace officer or probation or parole officer when 
 64.30  it is reasonably believed that the child has violated the terms 
 64.31  of probation, parole, or other field supervision.  [260.165, 
 64.32  subd. 1 (omitting child protection-related text)] 
 64.33     Subd. 2.  [NOT AN ARREST.] The taking of a child into 
 64.34  custody under the provisions of this section shall not be 
 64.35  considered an arrest.  [260.165, subd. 2] 
 64.36     Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
 65.1   officer takes a child into custody for shelter care or relative 
 65.2   placement pursuant to subdivision 1 or section 260B.154, the 
 65.3   officer shall notify the parent or custodian that under section 
 65.4   260B.181, subdivision 2, the parent or custodian may request 
 65.5   that the child be placed with a relative or a designated 
 65.6   caregiver under chapter 257A instead of in a shelter care 
 65.7   facility.  The officer also shall give the parent or custodian 
 65.8   of the child a list of names, addresses, and telephone numbers 
 65.9   of social service agencies that offer child welfare services.  
 65.10  If the parent or custodian was not present when the child was 
 65.11  removed from the residence, the list shall be left with an adult 
 65.12  on the premises or left in a conspicuous place on the premises 
 65.13  if no adult is present.  If the officer has reason to believe 
 65.14  the parent or custodian is not able to read and understand 
 65.15  English, the officer must provide a list that is written in the 
 65.16  language of the parent or custodian.  The list shall be prepared 
 65.17  by the commissioner of human services.  The commissioner shall 
 65.18  prepare lists for each county and provide each county with 
 65.19  copies of the list without charge.  The list shall be reviewed 
 65.20  annually by the commissioner and updated if it is no longer 
 65.21  accurate.  Neither the commissioner nor any peace officer or the 
 65.22  officer's employer shall be liable to any person for mistakes or 
 65.23  omissions in the list.  The list does not constitute a promise 
 65.24  that any agency listed will in fact assist the parent or 
 65.25  custodian.  [260.165, subd. 3 (omitting child protection-related 
 65.26  text)] 
 65.27     Subd. 4.  [PROTECTIVE PAT-DOWN SEARCH OF CHILD 
 65.28  AUTHORIZED.] (a) A peace officer who takes a child of any age or 
 65.29  gender into custody under the provisions of this section is 
 65.30  authorized to perform a protective pat-down search of the child 
 65.31  in order to protect the officer's safety.  
 65.32     (b) A peace officer also may perform a protective pat-down 
 65.33  search of a child in order to protect the officer's safety in 
 65.34  circumstances where the officer does not intend to take the 
 65.35  child into custody, if this section authorizes the officer to 
 65.36  take the child into custody.  
 66.1      (c) Evidence discovered in the course of a lawful search 
 66.2   under this section is admissible.  [260.165, subd. 2a] 
 66.3      Sec. 24.  [260B.176] [RELEASE OR DETENTION.] 
 66.4      Subdivision 1.  [NOTIFICATION; RELEASE.] If a child is 
 66.5   taken into custody as provided in section 260B.175, the parent, 
 66.6   guardian, or custodian of the child shall be notified as soon as 
 66.7   possible.  Unless there is reason to believe that the child 
 66.8   would endanger self or others, not return for a court hearing, 
 66.9   run away from the child's parent, guardian, or custodian or 
 66.10  otherwise not remain in the care or control of the person to 
 66.11  whose lawful custody the child is released, or that the child's 
 66.12  health or welfare would be immediately endangered, the child 
 66.13  shall be released to the custody of a parent, guardian, 
 66.14  custodian, or other suitable person.  The person to whom the 
 66.15  child is released shall promise to bring the child to the court, 
 66.16  if necessary, at the time the court may direct.  If the person 
 66.17  taking the child into custody believes it desirable, that person 
 66.18  may request the parent, guardian, custodian, or other person 
 66.19  designated by the court to sign a written promise to bring the 
 66.20  child to court as provided above.  The intentional violation of 
 66.21  such a promise, whether given orally or in writing, shall be 
 66.22  punishable as contempt of court. 
 66.23     The court may require the parent, guardian, custodian, or 
 66.24  other person to whom the child is released, to post any 
 66.25  reasonable bail or bond required by the court which shall be 
 66.26  forfeited to the court if the child does not appear as 
 66.27  directed.  The court may also release the child on the child's 
 66.28  own promise to appear in juvenile court.  [260.171, subd. 1 
 66.29  (omitting child protection-related text)] 
 66.30     Subd. 2.  [REASONS FOR DETENTION.] (a) If the child is not 
 66.31  released as provided in subdivision 1, the person taking the 
 66.32  child into custody shall notify the court as soon as possible of 
 66.33  the detention of the child and the reasons for detention.  
 66.34     (b) No child may be detained in a juvenile secure detention 
 66.35  facility or shelter care facility longer than 36 hours, 
 66.36  excluding Saturdays, Sundays, and holidays, after being taken 
 67.1   into custody for a delinquent act as defined in section 
 67.2   260B.007, subdivision 6, unless a petition has been filed and 
 67.3   the judge or referee determines pursuant to section 260B.178 
 67.4   that the child shall remain in detention.  
 67.5      (c) No child may be detained in an adult jail or municipal 
 67.6   lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 67.7   holidays, or longer than six hours in an adult jail or municipal 
 67.8   lockup in a standard metropolitan statistical area, after being 
 67.9   taken into custody for a delinquent act as defined in section 
 67.10  260B.007, subdivision 6, unless: 
 67.11     (1) a petition has been filed under section 260B.141; and 
 67.12     (2) a judge or referee has determined under section 
 67.13  260B.178 that the child shall remain in detention. 
 67.14     After August 1, 1991, no child described in this paragraph 
 67.15  may be detained in an adult jail or municipal lockup longer than 
 67.16  24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 67.17  than six hours in an adult jail or municipal lockup in a 
 67.18  standard metropolitan statistical area, unless the requirements 
 67.19  of this paragraph have been met and, in addition, a motion to 
 67.20  refer the child for adult prosecution has been made under 
 67.21  section 260B.125.  Notwithstanding this paragraph, continued 
 67.22  detention of a child in an adult detention facility outside of a 
 67.23  standard metropolitan statistical area county is permissible if: 
 67.24     (i) the facility in which the child is detained is located 
 67.25  where conditions of distance to be traveled or other ground 
 67.26  transportation do not allow for court appearances within 24 
 67.27  hours.  A delay not to exceed 48 hours may be made under this 
 67.28  clause; or 
 67.29     (ii) the facility is located where conditions of safety 
 67.30  exist.  Time for an appearance may be delayed until 24 hours 
 67.31  after the time that conditions allow for reasonably safe 
 67.32  travel.  "Conditions of safety" include adverse life-threatening 
 67.33  weather conditions that do not allow for reasonably safe travel. 
 67.34     The continued detention of a child under clause (i) or (ii) 
 67.35  must be reported to the commissioner of corrections. 
 67.36     (d) If a child described in paragraph (c) is to be detained 
 68.1   in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 68.2   holidays, the judge or referee, in accordance with rules and 
 68.3   procedures established by the commissioner of corrections, shall 
 68.4   notify the commissioner of the place of the detention and the 
 68.5   reasons therefor.  The commissioner shall thereupon assist the 
 68.6   court in the relocation of the child in an appropriate juvenile 
 68.7   secure detention facility or approved jail within the county or 
 68.8   elsewhere in the state, or in determining suitable 
 68.9   alternatives.  The commissioner shall direct that a child 
 68.10  detained in a jail be detained after eight days from and 
 68.11  including the date of the original detention order in an 
 68.12  approved juvenile secure detention facility with the approval of 
 68.13  the administrative authority of the facility.  If the court 
 68.14  refers the matter to the prosecuting authority pursuant to 
 68.15  section 260B.125, notice to the commissioner shall not be 
 68.16  required.  [260.171, subd. 2 (omitting child protection-related 
 68.17  text)] 
 68.18     Subd. 3.  [SHELTER CARE FACILITY; SECURE DETENTION 
 68.19  FACILITY.] If the person who has taken the child into custody 
 68.20  determines that the child should be placed in a secure detention 
 68.21  facility or a shelter care facility, that person shall advise 
 68.22  the child and as soon as is possible, the child's parent, 
 68.23  guardian, or custodian: 
 68.24     (a) of the reasons why the child has been taken into 
 68.25  custody and why the child is being placed in a juvenile secure 
 68.26  detention facility or a shelter care facility; and 
 68.27     (b) of the location of the juvenile secure detention 
 68.28  facility or shelter care facility.  If there is reason to 
 68.29  believe that disclosure of the location of the shelter care 
 68.30  facility would place the child's health and welfare in immediate 
 68.31  endangerment, disclosure of the location of the shelter care 
 68.32  facility shall not be made; and 
 68.33     (c) that the child's parent, guardian, or custodian and 
 68.34  attorney or guardian ad litem may make an initial visit to the 
 68.35  secure detention facility or shelter care facility at any time.  
 68.36  Subsequent visits by a parent, guardian, or custodian may be 
 69.1   made on a reasonable basis during visiting hours and by the 
 69.2   child's attorney or guardian ad litem at reasonable hours; and 
 69.3      (d) that the child may telephone parents and an attorney or 
 69.4   guardian ad litem from the juvenile secure detention facility or 
 69.5   shelter care facility immediately after being admitted to the 
 69.6   facility and thereafter on a reasonable basis to be determined 
 69.7   by the director of the facility; and 
 69.8      (e) that the child may not be detained for acts as defined 
 69.9   in section 260B.007, subdivision 6, at a juvenile secure 
 69.10  detention facility or shelter care facility longer than 36 
 69.11  hours, excluding Saturdays, Sundays, and holidays, unless a 
 69.12  petition has been filed within that time and the court orders 
 69.13  the child's continued detention, pursuant to section 260B.178; 
 69.14  and 
 69.15     (f) that the child may not be detained for acts defined in 
 69.16  section 260B.007, subdivision 6, at an adult jail or municipal 
 69.17  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 69.18  holidays, or longer than six hours if the adult jail or 
 69.19  municipal lockup is in a standard metropolitan statistical area, 
 69.20  unless a petition has been filed and the court orders the 
 69.21  child's continued detention under section 260B.178; and 
 69.22     (g) of the date, time, and place of the detention hearing, 
 69.23  if this information is available to the person who has taken the 
 69.24  child into custody; and 
 69.25     (h) that the child and the child's parent, guardian, or 
 69.26  custodian have the right to be present and to be represented by 
 69.27  counsel at the detention hearing, and that if they cannot afford 
 69.28  counsel, counsel will be appointed at public expense for the 
 69.29  child, if it is a delinquency matter. 
 69.30     After August 1, 1991, the child's parent, guardian, or 
 69.31  custodian shall also be informed under clause (f) that the child 
 69.32  may not be detained in an adult jail or municipal lockup longer 
 69.33  than 24 hours, excluding Saturdays, Sundays, and holidays, or 
 69.34  longer than six hours if the adult jail or municipal lockup is 
 69.35  in a standard metropolitan statistical area, unless a motion to 
 69.36  refer the child for adult prosecution has been made within that 
 70.1   time period.  [260.171, subd. 4 (omitting child 
 70.2   protection-related text)] 
 70.3      Subd. 4.  [TRANSPORTATION.] If a child is to be detained in 
 70.4   a secure detention facility or shelter care facility, the child 
 70.5   shall be promptly transported to the facility in a manner 
 70.6   approved by the facility or by securing a written transportation 
 70.7   order from the court authorizing transportation by the sheriff 
 70.8   or other qualified person.  The person who has determined that 
 70.9   the child should be detained shall deliver to the court and the 
 70.10  supervisor of the secure detention facility or shelter care 
 70.11  facility where the child is placed, a signed report, setting 
 70.12  forth: 
 70.13     (a) the time the child was taken into custody; and 
 70.14     (b) the time the child was delivered for transportation to 
 70.15  the secure detention facility or shelter care facility; and 
 70.16     (c) the reasons why the child was taken into custody; and 
 70.17     (d) the reasons why the child has been placed in detention; 
 70.18  and 
 70.19     (e) a statement that the child and the child's parent have 
 70.20  received the notification required by subdivision 3 or the 
 70.21  reasons why they have not been so notified; and 
 70.22     (f) any instructions required by subdivision 5.  [260.171, 
 70.23  subd. 5] 
 70.24     Subd. 5.  [SHELTER CARE; NOTICE TO PARENT.] When a child is 
 70.25  to be placed in a shelter care facility the person taking the 
 70.26  child into custody or the court shall determine whether or not 
 70.27  there is reason to believe that disclosure of the shelter care 
 70.28  facility's location to the child's parent, guardian, or 
 70.29  custodian would immediately endanger the health and welfare of 
 70.30  the child.  If there is reason to believe that the child's 
 70.31  health and welfare would be immediately endangered, disclosure 
 70.32  of the location shall not be made.  This determination shall be 
 70.33  included in the report required by subdivision 4, along with 
 70.34  instructions to the shelter care facility to notify or withhold 
 70.35  notification.  [260.171, subd. 5a] 
 70.36     Subd. 6.  [REPORT.] (a) When a child has been delivered to 
 71.1   a secure detention facility, the supervisor of the facility 
 71.2   shall deliver to the court a signed report acknowledging receipt 
 71.3   of the child stating the time of the child's arrival.  The 
 71.4   supervisor of the facility shall ascertain from the report of 
 71.5   the person who has taken the child into custody whether the 
 71.6   child and a parent, guardian, or custodian have received the 
 71.7   notification required by subdivision 3.  If the child or a 
 71.8   parent, guardian or custodian, or both, have not been so 
 71.9   notified, the supervisor of the facility shall immediately make 
 71.10  the notification, and shall include in the report to the court a 
 71.11  statement that notification has been received or the reasons why 
 71.12  it has not. 
 71.13     (b) When a child has been delivered to a shelter care 
 71.14  facility, the supervisor of the facility shall deliver to the 
 71.15  court a signed report acknowledging receipt of the child stating 
 71.16  the time of the child's arrival.  The supervisor of the facility 
 71.17  shall ascertain from the report of the person who has taken the 
 71.18  child into custody whether the child's parent, guardian or 
 71.19  custodian has been notified of the placement of the child at the 
 71.20  shelter care facility and its location, and the supervisor shall 
 71.21  follow any instructions concerning notification contained in 
 71.22  that report.  [260.171, subd. 6] 
 71.23     Sec. 25.  [260B.178] [DETENTION HEARING.] 
 71.24     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) The 
 71.25  court shall hold a detention hearing: 
 71.26     (1) within 36 hours of the time the child was taken into 
 71.27  custody, excluding Saturdays, Sundays, and holidays, if the 
 71.28  child is being held at a juvenile secure detention facility or 
 71.29  shelter care facility; or 
 71.30     (2) within 24 hours of the time the child was taken into 
 71.31  custody, excluding Saturdays, Sundays, and holidays, if the 
 71.32  child is being held at an adult jail or municipal lockup.  
 71.33     (b) Unless there is reason to believe that the child would 
 71.34  endanger self or others, not return for a court hearing, run 
 71.35  away from the child's parent, guardian, or custodian or 
 71.36  otherwise not remain in the care or control of the person to 
 72.1   whose lawful custody the child is released, or that the child's 
 72.2   health or welfare would be immediately endangered, the child 
 72.3   shall be released to the custody of a parent, guardian, 
 72.4   custodian, or other suitable person, subject to reasonable 
 72.5   conditions of release including, but not limited to, a 
 72.6   requirement that the child undergo a chemical use assessment as 
 72.7   provided in section 260B.157, subdivision 1.  In determining 
 72.8   whether the child's health or welfare would be immediately 
 72.9   endangered, the court shall consider whether the child would 
 72.10  reside with a perpetrator of domestic child abuse.  [260.172, 
 72.11  subd. 1 (omitting child protection-related text)] 
 72.12     Subd. 2.  [CONTINUATION OF DETENTION.] If the court 
 72.13  determines that the child should continue in detention, it may 
 72.14  order detention continued for eight days, excluding Saturdays, 
 72.15  Sundays and holidays, from and including the date of the order.  
 72.16  Unless a motion to refer the child for adult prosecution is 
 72.17  pending, a child who has been detained in an adult jail or 
 72.18  municipal lockup and for whom continued detention is ordered, 
 72.19  must be transferred to a juvenile secure detention facility or 
 72.20  shelter care facility. The court shall include in its order the 
 72.21  reasons for continued detention and the findings of fact which 
 72.22  support these reasons.  [260.172, subd. 2] 
 72.23     Subd. 3.  [SERVICE OF ORDERS.] Copies of the court's order 
 72.24  shall be served upon the parties, including the supervisor of 
 72.25  the detention facility, who shall release the child or continue 
 72.26  to hold the child as the court orders. 
 72.27     When the court's order is served upon these parties, notice 
 72.28  shall also be given to the parties of the subsequent reviews 
 72.29  provided by subdivision 4.  The notice shall also inform each 
 72.30  party of the right to submit to the court for informal review 
 72.31  any new evidence regarding whether the child should be continued 
 72.32  in detention and to request a hearing to present the evidence to 
 72.33  the court.  [260.172, subd. 3] 
 72.34     Subd. 4.  [REVIEW OF CASE.] If a child held in detention 
 72.35  under a court order issued under subdivision 2 has not been 
 72.36  released prior to expiration of the order, the court or referee 
 73.1   shall informally review the child's case file to determine, 
 73.2   under the standards provided by subdivision 1, whether detention 
 73.3   should be continued.  If detention is continued thereafter, 
 73.4   informal reviews such as these shall be held within every eight 
 73.5   days, excluding Saturdays, Sundays and holidays, of the child's 
 73.6   detention. 
 73.7      A hearing, rather than an informal review of the child's 
 73.8   case file, shall be held at the request of any one of the 
 73.9   parties notified pursuant to subdivision 3, if that party 
 73.10  notifies the court of a wish to present to the court new 
 73.11  evidence concerning whether the child should be continued in 
 73.12  detention or notifies the court of a wish to present an 
 73.13  alternate placement arrangement to provide for the safety and 
 73.14  protection of the child.  [260.172, subd. 4 (omitting child 
 73.15  protection-related text)] 
 73.16     Sec. 26.  [260B.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 
 73.17  CARE FACILITY.] 
 73.18     Subdivision 1.  [TEMPORARY CUSTODY.] A child taken into 
 73.19  custody pursuant to section 260.165 may be detained for up to 24 
 73.20  hours in a shelter care facility, secure detention facility, or, 
 73.21  if there is no secure detention facility available for use by 
 73.22  the county having jurisdiction over the child, in a jail or 
 73.23  other facility for the confinement of adults who have been 
 73.24  charged with or convicted of a crime in quarters separate from 
 73.25  any adult confined in the facility which has been approved for 
 73.26  the detention of juveniles by the commissioner of corrections.  
 73.27  At the end of the 24 hour detention any child requiring further 
 73.28  detention may be detained only as provided in this section.  
 73.29  [260.173, subd. 1] 
 73.30     Subd. 2.  [LEAST RESTRICTIVE SETTING.] Notwithstanding the 
 73.31  provisions of subdivision 1, if the child had been taken into 
 73.32  custody pursuant to section 260B.175, subdivision 1, clause (a), 
 73.33  and is not alleged to be delinquent, the child shall be detained 
 73.34  in the least restrictive setting consistent with the child's 
 73.35  health and welfare and in closest proximity to the child's 
 73.36  family as possible.  Placement may be with a child's relative, a 
 74.1   designated caregiver under chapter 257A, or in a shelter care 
 74.2   facility.  The placing officer shall comply with this section 
 74.3   and shall document why a less restrictive setting will or will 
 74.4   not be in the best interests of the child for placement 
 74.5   purposes.  [260.173, subd. 2] 
 74.6      Subd. 3.  [PLACEMENT.] If the child had been taken into 
 74.7   custody and detained as one who is alleged to be delinquent or a 
 74.8   juvenile petty offender by reason of: 
 74.9      (a) Having committed an offense which would not constitute 
 74.10  a violation of a state law or local ordinance if the child were 
 74.11  an adult; or 
 74.12     (b) Having been previously adjudicated delinquent or a 
 74.13  juvenile petty offender, or conditionally released by the 
 74.14  juvenile court without adjudication, has violated probation, 
 74.15  parole, or other field supervision under which the child had 
 74.16  been placed as a result of behavior described in this 
 74.17  subdivision; the child may be placed only in a shelter care 
 74.18  facility.  [260.173, subd. 3 (omitting child protection-related 
 74.19  text)] 
 74.20     Subd. 4.  [DETENTION IN FACILITIES; TYPE; DURATION.] If a 
 74.21  child is taken into custody as one who: 
 74.22     (a) has allegedly committed an act which would constitute a 
 74.23  violation of a state law or a local ordinance if the child were 
 74.24  an adult; or 
 74.25     (b) is reasonably believed to have violated the terms of 
 74.26  probation, parole, or other field supervision under which the 
 74.27  child had been placed as a result of behavior described under 
 74.28  clause (a); 
 74.29  the child may be detained in a shelter care or secure juvenile 
 74.30  detention facility.  If the child cannot be detained in another 
 74.31  type of detention facility, and if there is no secure juvenile 
 74.32  detention facility or existing acceptable detention alternative 
 74.33  available for juveniles within the county, a child described in 
 74.34  this subdivision may be detained up to 24 hours, excluding 
 74.35  Saturdays, Sundays, and holidays, or up to six hours in a 
 74.36  standard metropolitan statistical area, in a jail, lockup or 
 75.1   other facility used for the confinement of adults who have been 
 75.2   charged with or convicted of a crime, in quarters separate from 
 75.3   any adult confined in the facility which has been approved for 
 75.4   the detention of juveniles by the commissioner of corrections.  
 75.5   If continued detention in an adult jail is approved by the court 
 75.6   under section 260B.178, subdivision 2, and there is no juvenile 
 75.7   secure detention facility available for use by the county having 
 75.8   jurisdiction over the child, such child may be detained for no 
 75.9   more than eight days from and including the date of the original 
 75.10  detention order in separate quarters in any jail or other adult 
 75.11  facility for the confinement of persons charged with or 
 75.12  convicted of crime which has been approved by the commissioner 
 75.13  of corrections to be suitable for the detention of juveniles for 
 75.14  up to eight days.  Except for children who have been referred 
 75.15  for prosecution pursuant to section 260B.125, and as hereinafter 
 75.16  provided, any child requiring secure detention for more than 
 75.17  eight days from and including the date of the original detention 
 75.18  order must be removed to an approved secure juvenile detention 
 75.19  facility.  A child 16 years of age or older against whom a 
 75.20  motion to refer for prosecution is pending before the court may 
 75.21  be detained for more than eight days in separate quarters in a 
 75.22  jail or other facility which has been approved by the 
 75.23  commissioner of corrections for the detention of juveniles for 
 75.24  up to eight days after a hearing and subject to the periodic 
 75.25  reviews provided in section 260B.178.  No child under the age of 
 75.26  14 may be detained in a jail, lockup or other facility used for 
 75.27  the confinement of adults who have been charged with or 
 75.28  convicted of a crime.  [260.173, subd. 4] 
 75.29     Subd. 5.  [STATE CORRECTIONAL INSTITUTION.] In order for a 
 75.30  child to be detained at a state correctional institution for 
 75.31  juveniles, the commissioner of corrections must first consent 
 75.32  thereto, and the county must agree to pay the costs of the 
 75.33  child's detention. 
 75.34     Where the commissioner directs that a child be detained in 
 75.35  an approved juvenile facility with the approval of the 
 75.36  administrative authority of the facility as provided in section 
 76.1   260B.176, subdivision 2, or subdivision 4 of this section, the 
 76.2   costs of such detention shall be a charge upon the county for 
 76.3   which the child is being detained.  [260.173, subd. 5] 
 76.4      Sec. 27.  [260B.185] [EXTENSION OF DETENTION PERIOD.] 
 76.5      Subdivision 1.  [DETENTION.] Before July 1, 1999, and 
 76.6   pursuant to a request from an eight-day temporary holdover 
 76.7   facility, as defined in section 241.0221, the commissioner of 
 76.8   corrections, or the commissioner's designee, may grant a 
 76.9   one-time extension per child to the eight-day limit on detention 
 76.10  under this chapter.  This extension may allow such a facility to 
 76.11  detain a child for up to 30 days including weekends and 
 76.12  holidays.  Upon the expiration of the extension, the child may 
 76.13  not be transferred to another eight-day temporary holdover 
 76.14  facility.  The commissioner shall develop criteria for granting 
 76.15  extensions under this section.  These criteria must ensure that 
 76.16  the child be transferred to a long-term juvenile detention 
 76.17  facility as soon as such a transfer is possible.  Nothing in 
 76.18  this section changes the requirements in section 260B.178 
 76.19  regarding the necessity of detention hearings to determine 
 76.20  whether continued detention of the child is proper.  [260.1735, 
 76.21  subd. 1] 
 76.22     Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
 76.23  48 hours may be made if the facility in which the child is 
 76.24  detained is located where conditions of distance to be traveled 
 76.25  or other ground transportation do not allow for court 
 76.26  appearances within 24 hours. 
 76.27     (b) A delay may be made if the facility is located where 
 76.28  conditions of safety exist.  Time for an appearance may be 
 76.29  delayed until 24 hours after the time that conditions allow for 
 76.30  reasonably safe travel.  "Conditions of safety" include adverse 
 76.31  life-threatening weather conditions that do not allow for 
 76.32  reasonably safe travel. 
 76.33     The continued detention of a child under paragraph (a) or 
 76.34  (b) must be reported to the commissioner of corrections.  
 76.35  [260.1735, subd. 2] 
 76.36     Sec. 28.  [260B.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 
 77.1   FOR MEDICAL CARE.] 
 77.2      Subdivision 1.  [MEDICAL AID.] If a child is taken into 
 77.3   custody as provided in section 260B.175 and detained in a local 
 77.4   juvenile secure detention facility or shelter care facility, or 
 77.5   if a child is sentenced by the juvenile court to a local 
 77.6   correctional facility as defined in section 241.021, subdivision 
 77.7   1, paragraph (5), the child's county of residence shall pay the 
 77.8   costs of medical services provided to the child during the 
 77.9   period of time the child is residing in the facility.  The 
 77.10  county of residence is entitled to reimbursement from the child 
 77.11  or the child's family for payment of medical bills to the extent 
 77.12  that the child or the child's family has the ability to pay for 
 77.13  the medical services.  If there is a disagreement between the 
 77.14  county and the child or the child's family concerning the 
 77.15  ability to pay or whether the medical services were necessary, 
 77.16  the court with jurisdiction over the child shall determine the 
 77.17  extent, if any, of the child's or the family's ability to pay 
 77.18  for the medical services or whether the services are necessary.  
 77.19  If the child is covered by health or medical insurance or a 
 77.20  health plan when medical services are provided, the county 
 77.21  paying the costs of medical services has a right of subrogation 
 77.22  to be reimbursed by the insurance carrier or health plan for all 
 77.23  amounts spent by it for medical services to the child that are 
 77.24  covered by the insurance policy or health plan, in accordance 
 77.25  with the benefits, limitations, exclusions, provider 
 77.26  restrictions, and other provisions of the policy or health 
 77.27  plan.  The county may maintain an action to enforce this 
 77.28  subrogation right.  The county does not have a right of 
 77.29  subrogation against the medical assistance program, the 
 77.30  MinnesotaCare program, or the general assistance medical care 
 77.31  program.  [260.174, subd. 1] 
 77.32     Subd. 2.  [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 
 77.33  its intake procedure for children, the official having custody 
 77.34  over the child shall ask the child or the child's family, as 
 77.35  appropriate, whether the child has health coverage.  If the 
 77.36  child has coverage under a policy of accident and health 
 78.1   insurance regulated under chapter 62A, a health maintenance 
 78.2   contract regulated under chapter 62D, a group subscriber 
 78.3   contract regulated under chapter 62C, a health benefit 
 78.4   certificate regulated under chapter 64B, a self-insured plan, or 
 78.5   other health coverage, the child or the child's family, as 
 78.6   appropriate, shall provide to the official having custody over 
 78.7   the child the name of the carrier or administrator and other 
 78.8   information and authorizations necessary for the official having 
 78.9   custody over the child to obtain specific information about 
 78.10  coverage.  [260.174, subd. 2] 
 78.11     Subd. 3.  [OBTAINING HEALTH CARE IN COMPLIANCE WITH 
 78.12  COVERAGE.] A county board may authorize the officials having 
 78.13  custody over children to fulfill the county board's obligation 
 78.14  to provide the medical aid required by subdivision 1 in 
 78.15  accordance with the terms of the health plan covering the child, 
 78.16  where possible, subject to any rules and exceptions provided by 
 78.17  the county board.  The official having custody over a child has 
 78.18  no obligation to the child or to the child's family to obtain 
 78.19  the child's health care in accordance with the child's health 
 78.20  coverage.  [260.174, subd. 3] 
 78.21     Subd. 4.  [SCOPE.] Subdivisions 1, 2, and 3 apply to any 
 78.22  medical aid, including dental care, provided to children held in 
 78.23  custody by the county as described in subdivision 1.  [260.174, 
 78.24  subd. 4] 
 78.25     Sec. 29.  [260B.193] [DISPOSITIONS; GENERAL PROVISIONS.] 
 78.26     Subdivision 1.  [DISMISSAL OF PETITION.] Whenever the court 
 78.27  finds that the minor is not within the jurisdiction of the court 
 78.28  or that the facts alleged in the petition have not been proved, 
 78.29  it shall dismiss the petition.  [260.181, subd. 1] 
 78.30     Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
 78.31  disposition in a case, or appointing a guardian for a child, the 
 78.32  court may consider any report or recommendation made by the 
 78.33  local social services agency, probation officer, licensed 
 78.34  child-placing agency, foster parent, guardian ad litem, tribal 
 78.35  representative, or other authorized advocate for the child or 
 78.36  child's family, a school district concerning the effect on 
 79.1   student transportation of placing a child in a school district 
 79.2   in which the child is not a resident, or any other information 
 79.3   deemed material by the court. [260.181, subd. 2 (omitting child 
 79.4   protection-related text)] 
 79.5      Subd. 3.  [REPORTS; JUVENILES PLACED OUT OF 
 79.6   STATE.] Whenever a child is placed in a residential program 
 79.7   located outside of this state pursuant to a disposition order 
 79.8   issued under section 260B.198, the juvenile court administrator 
 79.9   shall report the following information to the state court 
 79.10  administrator: 
 79.11     (1) the fact that the placement is out of state; 
 79.12     (2) the type of placement; and 
 79.13     (3) the reason for the placement.  [260.181, subd. 3a] 
 79.14     Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
 79.15  dismiss the petition or otherwise terminate its jurisdiction on 
 79.16  its own motion or on the motion or petition of any interested 
 79.17  party at any time.  Unless terminated by the court, and except 
 79.18  as otherwise provided in this subdivision, the jurisdiction of 
 79.19  the court shall continue until the individual becomes 19 years 
 79.20  of age if the court determines it is in the best interest of the 
 79.21  individual to do so.  
 79.22     (b) The jurisdiction of the court over an extended 
 79.23  jurisdiction juvenile, with respect to the offense for which the 
 79.24  individual was convicted as an extended jurisdiction juvenile, 
 79.25  extends until the offender becomes 21 years of age, unless the 
 79.26  court terminates jurisdiction before that date.  
 79.27     (c) The juvenile court has jurisdiction to designate the 
 79.28  proceeding an extended jurisdiction juvenile prosecution, to 
 79.29  hold a certification hearing, or to conduct a trial, receive a 
 79.30  plea, or impose a disposition under section 260B.130, 
 79.31  subdivision 4, if: 
 79.32     (1) an adult is alleged to have committed an offense before 
 79.33  the adult's 18th birthday; and 
 79.34     (2) a petition is filed under section 260B.141 before 
 79.35  expiration of the time for filing under section 628.26 and 
 79.36  before the adult's 21st birthday. 
 80.1   The juvenile court lacks jurisdiction under this paragraph if 
 80.2   the adult demonstrates that the delay was purposefully caused by 
 80.3   the state in order to gain an unfair advantage. 
 80.4      (d) The district court has original and exclusive 
 80.5   jurisdiction over a proceeding: 
 80.6      (1) that involves an adult who is alleged to have committed 
 80.7   an offense before the adult's 18th birthday; and 
 80.8      (2) in which a criminal complaint is filed before 
 80.9   expiration of the time for filing under section 628.26 and after 
 80.10  the adult's 21st birthday. 
 80.11     The juvenile court retains jurisdiction if the adult 
 80.12  demonstrates that the delay in filing a criminal complaint was 
 80.13  purposefully caused by the state in order to gain an unfair 
 80.14  advantage. 
 80.15     (e) The juvenile court has jurisdiction over a person who 
 80.16  has been adjudicated delinquent until the person's 21st birthday 
 80.17  if the person fails to appear at any juvenile court hearing or 
 80.18  fails to appear at or absconds from any placement under a 
 80.19  juvenile court order.  The juvenile court has jurisdiction over 
 80.20  a convicted extended jurisdiction juvenile who fails to appear 
 80.21  at any juvenile court hearing or fails to appear at or absconds 
 80.22  from any placement under section 260B.130, subdivision 4.  The 
 80.23  juvenile court lacks jurisdiction under this paragraph if the 
 80.24  adult demonstrates that the delay was purposefully caused by the 
 80.25  state in order to gain an unfair advantage.  [260.181, subd. 4] 
 80.26     Sec. 30.  [260B.198] [DISPOSITIONS; DELINQUENT CHILD.] 
 80.27     Subdivision 1.  [COURT ORDER, FINDINGS, REMEDIES, 
 80.28  TREATMENT.] If the court finds that the child is delinquent, it 
 80.29  shall enter an order making any of the following dispositions of 
 80.30  the case which are deemed necessary to the rehabilitation of the 
 80.31  child: 
 80.32     (a) Counsel the child or the parents, guardian, or 
 80.33  custodian; 
 80.34     (b) Place the child under the supervision of a probation 
 80.35  officer or other suitable person in the child's own home under 
 80.36  conditions prescribed by the court including reasonable rules 
 81.1   for the child's conduct and the conduct of the child's parents, 
 81.2   guardian, or custodian, designed for the physical, mental, and 
 81.3   moral well-being and behavior of the child, or with the consent 
 81.4   of the commissioner of corrections, in a group foster care 
 81.5   facility which is under the management and supervision of said 
 81.6   commissioner; 
 81.7      (c) Subject to the supervision of the court, transfer legal 
 81.8   custody of the child to one of the following: 
 81.9      (1) a child-placing agency; or 
 81.10     (2) the local social services agency; or 
 81.11     (3) a reputable individual of good moral character.  No 
 81.12  person may receive custody of two or more unrelated children 
 81.13  unless licensed as a residential facility pursuant to sections 
 81.14  245A.01 to 245A.16; or 
 81.15     (4) a county home school, if the county maintains a home 
 81.16  school or enters into an agreement with a county home school; or 
 81.17     (5) a county probation officer for placement in a group 
 81.18  foster home established under the direction of the juvenile 
 81.19  court and licensed pursuant to section 241.021; 
 81.20     (d) Transfer legal custody by commitment to the 
 81.21  commissioner of corrections; 
 81.22     (e) If the child is found to have violated a state or local 
 81.23  law or ordinance which has resulted in damage to the person or 
 81.24  property of another, the court may order the child to make 
 81.25  reasonable restitution for such damage; 
 81.26     (f) Require the child to pay a fine of up to $700; the 
 81.27  court shall order payment of the fine in accordance with a time 
 81.28  payment schedule which shall not impose an undue financial 
 81.29  hardship on the child; 
 81.30     (g) If the child is in need of special treatment and care 
 81.31  for reasons of physical or mental health, the court may order 
 81.32  the child's parent, guardian, or custodian to provide it.  If 
 81.33  the parent, guardian, or custodian fails to provide this 
 81.34  treatment or care, the court may order it provided; 
 81.35     (h) If the court believes that it is in the best interests 
 81.36  of the child and of public safety that the driver's license of 
 82.1   the child be canceled until the child's 18th birthday, the court 
 82.2   may recommend to the commissioner of public safety the 
 82.3   cancellation of the child's license for any period up to the 
 82.4   child's 18th birthday, and the commissioner is hereby authorized 
 82.5   to cancel such license without a hearing.  At any time before 
 82.6   the termination of the period of cancellation, the court may, 
 82.7   for good cause, recommend to the commissioner of public safety 
 82.8   that the child be authorized to apply for a new license, and the 
 82.9   commissioner may so authorize; 
 82.10     (i) If the court believes that it is in the best interest 
 82.11  of the child and of public safety that the child is enrolled in 
 82.12  school, the court may require the child to remain enrolled in a 
 82.13  public school until the child reaches the age of 18 or completes 
 82.14  all requirements needed to graduate from high school.  Any child 
 82.15  enrolled in a public school under this paragraph is subject to 
 82.16  the provisions of the Pupil Fair Dismissal Act in chapter 127. 
 82.17     (j) If the child is petitioned and found by the court to 
 82.18  have committed a controlled substance offense under sections 
 82.19  152.021 to 152.027, the court shall determine whether the child 
 82.20  unlawfully possessed or sold the controlled substance while 
 82.21  driving a motor vehicle.  If so, the court shall notify the 
 82.22  commissioner of public safety of its determination and order the 
 82.23  commissioner to revoke the child's driver's license for the 
 82.24  applicable time period specified in section 152.0271.  If the 
 82.25  child does not have a driver's license or if the child's 
 82.26  driver's license is suspended or revoked at the time of the 
 82.27  delinquency finding, the commissioner shall, upon the child's 
 82.28  application for driver's license issuance or reinstatement, 
 82.29  delay the issuance or reinstatement of the child's driver's 
 82.30  license for the applicable time period specified in section 
 82.31  152.0271.  Upon receipt of the court's order, the commissioner 
 82.32  is authorized to take the licensing action without a hearing. 
 82.33     (k) If the child is petitioned and found by the court to 
 82.34  have committed or attempted to commit an act in violation of 
 82.35  section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 
 82.36  subdivision 1; 609.79; or 617.23, or another offense arising out 
 83.1   of a delinquency petition based on one or more of those 
 83.2   sections, the court shall order an independent professional 
 83.3   assessment of the child's need for sex offender treatment.  An 
 83.4   assessor providing an assessment for the court must be 
 83.5   experienced in the evaluation and treatment of juvenile sex 
 83.6   offenders. If the assessment indicates that the child is in need 
 83.7   of and amenable to sex offender treatment, the court shall 
 83.8   include in its disposition order a requirement that the child 
 83.9   undergo treatment.  Notwithstanding section 13.42, 13.85, 
 83.10  144.335, 260B.171, or 626.556, the assessor has access to the 
 83.11  following private or confidential data on the child if access is 
 83.12  relevant and necessary for the assessment: 
 83.13     (1) medical data under section 13.42; 
 83.14     (2) corrections and detention data under section 13.85; 
 83.15     (3) health records under section 144.335; 
 83.16     (4) juvenile court records under section 260B.171; and 
 83.17     (5) local welfare agency records under section 626.556. 
 83.18     Data disclosed under this paragraph may be used only for 
 83.19  purposes of the assessment and may not be further disclosed to 
 83.20  any other person, except as authorized by law. 
 83.21     (l) If the child is found delinquent due to the commission 
 83.22  of an offense that would be a felony if committed by an adult, 
 83.23  the court shall make a specific finding on the record regarding 
 83.24  the juvenile's mental health and chemical dependency treatment 
 83.25  needs. 
 83.26     (m) Any order for a disposition authorized under this 
 83.27  section shall contain written findings of fact to support the 
 83.28  disposition ordered, and shall also set forth in writing the 
 83.29  following information: 
 83.30     (1) why the best interests of the child are served by the 
 83.31  disposition ordered; and 
 83.32     (2) what alternative dispositions were considered by the 
 83.33  court and why such dispositions were not appropriate in the 
 83.34  instant case.  [260.185, subd. 1] 
 83.35     Subd. 2.  [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If 
 83.36  the child is petitioned and found delinquent by the court, and 
 84.1   the court also finds that the child was in possession of a 
 84.2   firearm at the time of the offense, in addition to any other 
 84.3   disposition the court shall order that the firearm be 
 84.4   immediately seized and shall order that the child be required to 
 84.5   serve at least 100 hours of community work service unless the 
 84.6   child is placed in a residential treatment program or a juvenile 
 84.7   correctional facility.  If the child is petitioned and found 
 84.8   delinquent by the court, and the court finds that the child was 
 84.9   in possession of a dangerous weapon in a school zone, as defined 
 84.10  in section 152.01, subdivision 14a, clauses (1) and (3), at the 
 84.11  time of the offense, the court also shall order that the child's 
 84.12  driver's license be canceled or driving privileges denied until 
 84.13  the child's 18th birthday.  The court shall send a copy of its 
 84.14  order to the commissioner of public safety and, upon receipt of 
 84.15  the order, the commissioner is authorized to cancel the child's 
 84.16  driver's license or deny the child's driving privileges without 
 84.17  a hearing.  [260.185, subd. 1a] 
 84.18     Subd. 3.  [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 
 84.19  TRANSFERS.] An adjudicated juvenile may not be placed in a 
 84.20  licensed juvenile secure treatment facility unless the placement 
 84.21  is approved by the juvenile court.  However, the program 
 84.22  administrator may determine the juvenile's length of stay in the 
 84.23  secure portion of the facility.  The administrator shall notify 
 84.24  the court of any movement of juveniles from secure portions of 
 84.25  facilities.  However, the court may, in its discretion, order 
 84.26  that the juveniles be moved back to secure portions of the 
 84.27  facility.  [260.185, subd. 1b] 
 84.28     Subd. 4.  [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 
 84.29  REQUIREMENTS.] Before a postadjudication placement of a juvenile 
 84.30  in a secure treatment facility either inside or outside the 
 84.31  state, the court may: 
 84.32     (1) consider whether the juvenile has been adjudicated for 
 84.33  a felony offense against the person or that in addition to the 
 84.34  current adjudication, the juvenile has failed to appear in court 
 84.35  on one or more occasions or has run away from home on one or 
 84.36  more occasions; 
 85.1      (2) conduct a subjective assessment to determine whether 
 85.2   the child is a danger to self or others or would abscond from a 
 85.3   nonsecure facility or if the child's health or welfare would be 
 85.4   endangered if not placed in a secure facility; 
 85.5      (3) conduct a culturally appropriate psychological 
 85.6   evaluation which includes a functional assessment of anger and 
 85.7   abuse issues; and 
 85.8      (4) conduct an educational and physical assessment of the 
 85.9   juvenile. 
 85.10     In determining whether to order secure placement, the court 
 85.11  shall consider the necessity of: 
 85.12     (i) protecting the public; 
 85.13     (ii) protecting program residents and staff; and 
 85.14     (iii) preventing juveniles with histories of absconding 
 85.15  from leaving treatment programs.  [260.185, subd. 1c] 
 85.16     Subd. 5.  [EXPUNGEMENT.] Except when legal custody is 
 85.17  transferred under the provisions of subdivision 1, clause (d), 
 85.18  the court may expunge the adjudication of delinquency at any 
 85.19  time that it deems advisable.  [260.185, subd. 2] 
 85.20     Subd. 6.  [CONTINUANCE.] When it is in the best interests 
 85.21  of the child to do so and when the child has admitted the 
 85.22  allegations contained in the petition before the judge or 
 85.23  referee, or when a hearing has been held as provided for in 
 85.24  section 260B.163 and the allegations contained in the petition 
 85.25  have been duly proven but, in either case, before a finding of 
 85.26  delinquency has been entered, the court may continue the case 
 85.27  for a period not to exceed 90 days on any one order.  Such a 
 85.28  continuance may be extended for one additional successive period 
 85.29  not to exceed 90 days and only after the court has reviewed the 
 85.30  case and entered its order for an additional continuance without 
 85.31  a finding of delinquency.  During this continuance the court may 
 85.32  enter an order in accordance with the provisions of subdivision 
 85.33  1, clause (a) or (b) or enter an order to hold the child in 
 85.34  detention for a period not to exceed 15 days on any one order 
 85.35  for the purpose of completing any consideration, or any 
 85.36  investigation or examination ordered in accordance with the 
 86.1   provisions of section 260B.157.  This subdivision does not apply 
 86.2   to an extended jurisdiction juvenile proceeding.  [260.185, 
 86.3   subd. 3] 
 86.4      Subd. 7.  [ENFORCEMENT OF RESTITUTION ORDERS.] If the court 
 86.5   orders payment of restitution and the child fails to pay the 
 86.6   restitution in accordance with the payment schedule or structure 
 86.7   established by the court or the probation officer, the child's 
 86.8   probation officer may, on the officer's own motion or at the 
 86.9   request of the victim, file a petition for violation of 
 86.10  probation or ask the court to hold a hearing to determine 
 86.11  whether the conditions of probation should be changed.  The 
 86.12  child's probation officer shall ask for the hearing if the 
 86.13  restitution order has not been paid prior to 60 days before the 
 86.14  term of probation expires.  The court shall schedule and hold 
 86.15  this hearing before the child's term of probation expires.  
 86.16  [260.185, subd. 3a] 
 86.17     Subd. 8.  [ORDERS FOR SUPERVISION.] All orders for 
 86.18  supervision under subdivision 1, clause (b) shall be for an 
 86.19  indeterminate period unless otherwise specified by the court, 
 86.20  and shall be reviewed by the court at least annually.  All 
 86.21  orders under subdivision 1, clause (c) shall be for a specified 
 86.22  length of time set by the court.  However, before an order has 
 86.23  expired and upon the court's own motion or that of any 
 86.24  interested party, the court has continuing jurisdiction to renew 
 86.25  the order or, after notice to the parties and a hearing, make 
 86.26  some other disposition of the case, until the individual becomes 
 86.27  19 years of age.  Any person to whom legal custody is 
 86.28  transferred shall report to the court in writing at such periods 
 86.29  as the court may direct.  [260.185, subd. 4] 
 86.30     Subd. 9.  [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 
 86.31  court transfers legal custody of a child to any licensed 
 86.32  child-placing agency, county home school, local social services 
 86.33  agency, or the commissioner of corrections, it shall transmit 
 86.34  with the order transferring legal custody a copy of its findings 
 86.35  and a summary of its information concerning the child.  
 86.36  [260.185, subd. 5] 
 87.1      Subd. 10.  [OUT-OF-STATE PLACEMENTS.] (a) A court may not 
 87.2   place a preadjudicated delinquent, an adjudicated delinquent, or 
 87.3   a convicted extended jurisdiction juvenile in a residential or 
 87.4   detention facility outside Minnesota unless the commissioner of 
 87.5   corrections has certified that the facility: 
 87.6      (1) meets or exceeds the standards for Minnesota 
 87.7   residential treatment programs set forth in rules adopted by the 
 87.8   commissioner of human services or the standards for juvenile 
 87.9   residential facilities set forth in rules adopted by the 
 87.10  commissioner of corrections or the standards for juvenile 
 87.11  detention facilities set forth in rules adopted by the 
 87.12  commissioner of corrections, as provided under paragraph (b); 
 87.13  and 
 87.14     (2) provides education, health, dental, and other necessary 
 87.15  care equivalent to that which the child would receive if placed 
 87.16  in a Minnesota facility licensed by the commissioner of 
 87.17  corrections or commissioner of human services. 
 87.18     (b) The interagency licensing agreement between the 
 87.19  commissioners of corrections and human services shall be used to 
 87.20  determine which rule shall be used for certification purposes 
 87.21  under this subdivision. 
 87.22     (c) The commissioner of corrections may charge each 
 87.23  facility evaluated a reasonable amount.  Money received is 
 87.24  annually appropriated to the commissioner of corrections to 
 87.25  defray the costs of the certification program.  [260.185, subd. 
 87.26  6] 
 87.27     Subd. 11.  [PLACEMENT IN JUVENILE FACILITY.] A person who 
 87.28  has reached the age of 20 may not be kept in a residential 
 87.29  facility licensed by the commissioner of corrections together 
 87.30  with persons under the age of 20.  The commissioner may adopt 
 87.31  criteria for allowing exceptions to this prohibition.  [260.185, 
 87.32  subd. 7] 
 87.33     Sec. 31.  [260B.225] [JUVENILE TRAFFIC OFFENDER; 
 87.34  PROCEDURES; DISPOSITIONS.] 
 87.35     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 87.36  section, the following terms have the meanings given them.  
 88.1      (b) "Major traffic offense" includes any violation of a 
 88.2   state or local traffic law, ordinance, or regulation, or a 
 88.3   federal, state, or local water traffic law not included within 
 88.4   the provisions of clause (c).  
 88.5      (c) "Adult court traffic offense" means:  
 88.6      (1) a petty misdemeanor violation of a state or local 
 88.7   traffic law, ordinance, or regulation, or a petty misdemeanor 
 88.8   violation of a federal, state, or local water traffic law; or 
 88.9      (2) a violation of section 169.121, 169.129, or any other 
 88.10  misdemeanor- or gross misdemeanor-level traffic violation 
 88.11  committed as part of the same behavioral incident as a violation 
 88.12  of section 169.121 or 169.129.  [260.193, subd. 1] 
 88.13     Subd. 2.  [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who 
 88.14  commits a major traffic offense shall be adjudicated a "juvenile 
 88.15  highway traffic offender" or a "juvenile water traffic 
 88.16  offender," as the case may be, and shall not be adjudicated 
 88.17  delinquent, unless, as in the case of any other child alleged to 
 88.18  be delinquent, a petition is filed in the manner provided in 
 88.19  section 260B.141, summons issued, notice given, a hearing held, 
 88.20  and the court finds as a further fact that the child is also 
 88.21  delinquent within the meaning and purpose of the laws relating 
 88.22  to juvenile courts.  [260.193, subd. 2] 
 88.23     Subd. 3.  [ADULT TRAFFIC OFFENSE.] Except as provided in 
 88.24  subdivision 4, a child who commits an adult court traffic 
 88.25  offense and at the time of the offense was at least 16 years old 
 88.26  shall be subject to the laws and court procedures controlling 
 88.27  adult traffic violators and shall not be under the jurisdiction 
 88.28  of the juvenile court.  When a child is alleged to have 
 88.29  committed an adult court traffic offense and is at least 16 
 88.30  years old at the time of the offense, the peace officer making 
 88.31  the charge shall follow the arrest procedures prescribed in 
 88.32  section 169.91 and shall make reasonable effort to notify the 
 88.33  child's parent or guardian of the nature of the charge.  
 88.34  [260.193, subd. 3] 
 88.35     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 88.36  juvenile court shall have original jurisdiction over: 
 89.1      (1) all juveniles age 15 and under alleged to have 
 89.2   committed any traffic offense; and 
 89.3      (2) 16- and 17-year-olds alleged to have committed any 
 89.4   major traffic offense, except that the adult court has original 
 89.5   jurisdiction over: 
 89.6      (i) petty traffic misdemeanors not a part of the same 
 89.7   behavioral incident of a misdemeanor being handled in juvenile 
 89.8   court; and 
 89.9      (ii) violations of sections 169.121 (drivers under the 
 89.10  influence of alcohol or controlled substance) and 169.129 
 89.11  (aggravated driving while intoxicated), and any other 
 89.12  misdemeanor or gross misdemeanor level traffic violations 
 89.13  committed as part of the same behavioral incident of a violation 
 89.14  of section 169.121 or 169.129.  [260.193, subd. 4] 
 89.15     Subd. 5.  [MAJOR TRAFFIC OFFENSE PROCEDURES.] When a child 
 89.16  is alleged to have committed a major traffic offense, the peace 
 89.17  officer making the charge shall file a signed copy of the notice 
 89.18  to appear, as provided in section 169.91, with the juvenile 
 89.19  court of the county in which the violation occurred, and the 
 89.20  notice to appear has the effect of a petition and gives the 
 89.21  juvenile court jurisdiction.  Filing with the court a notice to 
 89.22  appear containing the name and address of the child allegedly 
 89.23  committing a major traffic offense and specifying the offense 
 89.24  charged, the time and place of the alleged violation shall have 
 89.25  the effect of a petition and give the juvenile court 
 89.26  jurisdiction.  Any reputable person having knowledge of a child 
 89.27  who commits a major traffic offense may petition the juvenile 
 89.28  court in the manner provided in section 260B.141.  Whenever a 
 89.29  notice to appear or petition is filed alleging that a child is a 
 89.30  juvenile highway traffic offender or a juvenile water traffic 
 89.31  offender, the court shall summon and notify the persons required 
 89.32  to be summoned or notified as provided in sections 260B.151 and 
 89.33  260B.152.  However, it is not necessary to (1) notify more than 
 89.34  one parent, or (2) publish any notice, or (3) personally serve 
 89.35  outside the state.  [260.193, subd. 5] 
 89.36     Subd. 6.  [DISPOSITION.] Before making a disposition of any 
 90.1   child found to be a juvenile major traffic offender or to have 
 90.2   violated a misdemeanor- or gross misdemeanor-level traffic law, 
 90.3   the court shall obtain from the department of public safety 
 90.4   information of any previous traffic violation by this juvenile.  
 90.5   In the case of a juvenile water traffic offender, the court 
 90.6   shall obtain from the office where the information is now or 
 90.7   hereafter may be kept information of any previous water traffic 
 90.8   violation by the juvenile.  [260.193, subd. 6] 
 90.9      Subd. 7.  [TRANSFER OF CASES.] If after a hearing the court 
 90.10  finds that the welfare of a juvenile major traffic offender or a 
 90.11  juvenile water traffic offender or the public safety would be 
 90.12  better served under the laws controlling adult traffic 
 90.13  violators, the court may transfer the case to any court of 
 90.14  competent jurisdiction presided over by a salaried judge if 
 90.15  there is one in the county.  The juvenile court transfers the 
 90.16  case by forwarding to the appropriate court the documents in the 
 90.17  court's file together with an order to transfer.  The court to 
 90.18  which the case is transferred shall proceed with the case as if 
 90.19  the jurisdiction of the juvenile court had never attached.  
 90.20  [260.193, subd. 7] 
 90.21     Subd. 8.  [CRIMINAL COURT DISPOSITIONS; ADULT COURT TRAFFIC 
 90.22  OFFENDERS.] (a) A juvenile who is charged with an adult court 
 90.23  traffic offense in district court shall be treated as an adult 
 90.24  before trial, except that the juvenile may be held in secure, 
 90.25  pretrial custody only in a secure juvenile detention facility.  
 90.26     (b) A juvenile who is convicted of an adult court traffic 
 90.27  offense in district court shall be treated as an adult for 
 90.28  sentencing purposes, except that the court may order the 
 90.29  juvenile placed out of the home only in a residential treatment 
 90.30  facility or in a juvenile correctional facility. 
 90.31     (c) The disposition of an adult court traffic offender 
 90.32  remains with the county in which the adjudication occurred.  
 90.33  [260.193, subd. 7a] 
 90.34     Subd. 9.  [JUVENILE MAJOR HIGHWAY OR WATER TRAFFIC 
 90.35  OFFENDER.] If the juvenile court finds that the child is a 
 90.36  juvenile major highway or water traffic offender, it may make 
 91.1   any one or more of the following dispositions of the case: 
 91.2      (a) Reprimand the child and counsel with the child and the 
 91.3   parents; 
 91.4      (b) Continue the case for a reasonable period under such 
 91.5   conditions governing the child's use and operation of any motor 
 91.6   vehicles or boat as the court may set; 
 91.7      (c) Require the child to attend a driver improvement school 
 91.8   if one is available within the county; 
 91.9      (d) Recommend to the department of public safety suspension 
 91.10  of the child's driver's license as provided in section 171.16; 
 91.11     (e) If the child is found to have committed two moving 
 91.12  highway traffic violations or to have contributed to a highway 
 91.13  accident involving death, injury, or physical damage in excess 
 91.14  of $100, the court may recommend to the commissioner of public 
 91.15  safety or to the licensing authority of another state the 
 91.16  cancellation of the child's license until the child reaches the 
 91.17  age of 18 years, and the commissioner of public safety is hereby 
 91.18  authorized to cancel the license without hearing.  At any time 
 91.19  before the termination of the period of cancellation, the court 
 91.20  may, for good cause, recommend to the commissioner of public 
 91.21  safety, or to the licensing authority of another state, that the 
 91.22  child's license be returned, and the commissioner of public 
 91.23  safety is authorized to return the license; 
 91.24     (f) Place the child under the supervision of a probation 
 91.25  officer in the child's own home under conditions prescribed by 
 91.26  the court including reasonable rules relating to operation and 
 91.27  use of motor vehicles or boats directed to the correction of the 
 91.28  child's driving habits; 
 91.29     (g) If the child is found to have violated a state or local 
 91.30  law or ordinance and the violation resulted in damage to the 
 91.31  person or property of another, the court may order the child to 
 91.32  make reasonable restitution for the damage; 
 91.33     (h) Require the child to pay a fine of up to $700.  The 
 91.34  court shall order payment of the fine in accordance with a time 
 91.35  payment schedule which shall not impose an undue financial 
 91.36  hardship on the child; 
 92.1      (i) If the court finds that the child committed an offense 
 92.2   described in section 169.121, the court shall order that a 
 92.3   chemical use assessment be conducted and a report submitted to 
 92.4   the court in the manner prescribed in section 169.126.  If the 
 92.5   assessment concludes that the child meets the level of care 
 92.6   criteria for placement under rules adopted under section 
 92.7   254A.03, subdivision 3, the report must recommend a level of 
 92.8   care for the child.  The court may require that level of care in 
 92.9   its disposition order.  In addition, the court may require any 
 92.10  child ordered to undergo an assessment to pay a chemical 
 92.11  dependency assessment charge of $75.  The court shall forward 
 92.12  the assessment charge to the commissioner of finance to be 
 92.13  credited to the general fund.  The state shall reimburse 
 92.14  counties for the total cost of the assessment in the manner 
 92.15  provided in section 169.126, subdivision 4c.  [260.193, subd. 8] 
 92.16     Subd. 10.  [RECORDS.] The juvenile court records of 
 92.17  juvenile highway traffic offenders and juvenile water traffic 
 92.18  offenders shall be kept separate from delinquency matters.  
 92.19  [260.193, subd. 10] 
 92.20     Sec. 32.  [260B.235] [PETTY OFFENDERS; PROCEDURES; 
 92.21  DISPOSITIONS.] 
 92.22     Subdivision 1.  [ADJUDICATION.] A petty offender who has 
 92.23  committed a juvenile alcohol or controlled substance offense 
 92.24  shall be adjudicated a "petty offender," and shall not be 
 92.25  adjudicated delinquent, unless, as in the case of any other 
 92.26  child alleged to be delinquent, a petition is filed in the 
 92.27  manner provided in section 260B.141, summons issued, notice 
 92.28  given, a hearing held, and the court finds as a further fact 
 92.29  that the child is also delinquent within the meaning and purpose 
 92.30  of the laws related to juvenile courts.  [260.195, subd. 1] 
 92.31     Subd. 2.  [PROCEDURE.] When a peace officer has probable 
 92.32  cause to believe that a child is a petty offender, the officer 
 92.33  may issue a notice to the child to appear in juvenile court in 
 92.34  the county in which the alleged violation occurred.  The officer 
 92.35  shall file a copy of the notice to appear with the juvenile 
 92.36  court of the county in which the alleged violation occurred.  
 93.1   Filing with the court a notice to appear containing the name and 
 93.2   address of the child who is alleged to be a petty offender, 
 93.3   specifying the offense charged, and the time and place of the 
 93.4   alleged violation has the effect of a petition giving the 
 93.5   juvenile court jurisdiction.  Any reputable person having 
 93.6   knowledge that a child is a petty offender may petition the 
 93.7   juvenile court in the manner provided in section 260B.141.  
 93.8   Whenever a notice to appear or petition is filed alleging that a 
 93.9   child is a petty offender, the court shall summon and notify the 
 93.10  person or persons having custody or control of the child of the 
 93.11  nature of the offense charged and the time and place of 
 93.12  hearing.  This summons and notice shall be served in the time 
 93.13  and manner provided in section 260B.151, subdivision 1.  If a 
 93.14  child fails to appear in response to the notice provided by this 
 93.15  subdivision, the court may issue a summons notifying the child 
 93.16  of the nature of the offense alleged and the time and place set 
 93.17  for the hearing.  If the peace officer finds it necessary to 
 93.18  take the child into custody, sections 260B.175 and 260B.176 
 93.19  shall apply.  [260.195, subd. 2] 
 93.20     Subd. 3.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 93.21  as otherwise provided in section 260B.163, subdivision 4, a 
 93.22  child alleged to be a juvenile petty offender may be represented 
 93.23  by counsel, but does not have a right to appointment of a public 
 93.24  defender or other counsel at public expense.  [260.195, subd. 
 93.25  2a] 
 93.26     Subd. 4.  [DISPOSITIONS.] If the juvenile court finds that 
 93.27  a child is a petty offender, the court may: 
 93.28     (a) require the child to pay a fine of up to $100; 
 93.29     (b) require the child to participate in a community service 
 93.30  project; 
 93.31     (c) require the child to participate in a drug awareness 
 93.32  program; 
 93.33     (d) place the child on probation for up to six months; 
 93.34     (e) order the child to undergo a chemical dependency 
 93.35  evaluation and if warranted by this evaluation, order 
 93.36  participation by the child in an outpatient chemical dependency 
 94.1   treatment program; 
 94.2      (f) order the child to make restitution to the victim; or 
 94.3      (g) perform any other activities or participate in any 
 94.4   other outpatient treatment programs deemed appropriate by the 
 94.5   court.  
 94.6      In all cases where the juvenile court finds that a child 
 94.7   has purchased or attempted to purchase an alcoholic beverage in 
 94.8   violation of section 340A.503, if the child has a driver's 
 94.9   license or permit to drive, and if the child used a driver's 
 94.10  license, permit or Minnesota identification card to purchase or 
 94.11  attempt to purchase the alcoholic beverage, the court shall 
 94.12  forward its finding in the case and the child's driver's license 
 94.13  or permit to the commissioner of public safety.  Upon receipt, 
 94.14  the commissioner shall suspend the child's license or permit for 
 94.15  a period of 90 days.  
 94.16     In all cases where the juvenile court finds that a child 
 94.17  has purchased or attempted to purchase tobacco in violation of 
 94.18  section 609.685, subdivision 3, if the child has a driver's 
 94.19  license or permit to drive, and if the child used a driver's 
 94.20  license, permit, or Minnesota identification card to purchase or 
 94.21  attempt to purchase tobacco, the court shall forward its finding 
 94.22  in the case and the child's driver's license or permit to the 
 94.23  commissioner of public safety.  Upon receipt, the commissioner 
 94.24  shall suspend the child's license or permit for a period of 90 
 94.25  days. 
 94.26     None of the dispositional alternatives described in clauses 
 94.27  (a) to (f) shall be imposed by the court in a manner which would 
 94.28  cause an undue hardship upon the child.  [260.195, subd. 3] 
 94.29     Subd. 5.  [ENHANCED DISPOSITIONS.] If the juvenile court 
 94.30  finds that a child has committed a second or subsequent juvenile 
 94.31  alcohol or controlled substance offense, the court may impose 
 94.32  any of the dispositional alternatives described in paragraphs 
 94.33  (a) to (c).  If the juvenile court finds that a child has 
 94.34  committed a second or subsequent juvenile tobacco offense, the 
 94.35  court may impose any of the dispositional alternatives described 
 94.36  in paragraphs (a) to (c). 
 95.1      (a) The court may impose any of the dispositional 
 95.2   alternatives described in subdivision 3, clauses (a) to (f). 
 95.3      (b) If the adjudicated petty offender has a driver's 
 95.4   license or permit, the court may forward the license or permit 
 95.5   to the commissioner of public safety.  The commissioner shall 
 95.6   revoke the petty offender's driver's license or permit until the 
 95.7   offender reaches the age of 18 years or for a period of one 
 95.8   year, whichever is longer. 
 95.9      (c) If the adjudicated petty offender has a driver's 
 95.10  license or permit, the court may suspend the driver's license or 
 95.11  permit for a period of up to 90 days, but may allow the offender 
 95.12  driving privileges as necessary to travel to and from work. 
 95.13     (d) If the adjudicated petty offender does not have a 
 95.14  driver's license or permit, the court may prepare an order of 
 95.15  denial of driving privileges.  The order must provide that the 
 95.16  petty offender will not be granted driving privileges until the 
 95.17  offender reaches the age of 18 years or for a period of one 
 95.18  year, whichever is longer.  The court shall forward the order to 
 95.19  the commissioner of public safety.  The commissioner shall deny 
 95.20  the offender's eligibility for a driver's license under section 
 95.21  171.04, for the period stated in the court order.  [260.195, 
 95.22  subd. 3a] 
 95.23     Subd. 6.  [ALTERNATIVE DISPOSITION.] In addition to 
 95.24  dispositional alternatives authorized by subdivision 3, in the 
 95.25  case of a third or subsequent finding by the court pursuant to 
 95.26  an admission in court or after trial that a child has committed 
 95.27  a juvenile alcohol or controlled substance offense, the juvenile 
 95.28  court shall order a chemical dependency evaluation of the child 
 95.29  and if warranted by the evaluation, the court may order 
 95.30  participation by the child in an inpatient or outpatient 
 95.31  chemical dependency treatment program, or any other treatment 
 95.32  deemed appropriate by the court.  [260.195, subd. 4] 
 95.33     Subd. 7.  [FINDINGS REQUIRED.] Any order for disposition 
 95.34  authorized by this section shall contain written findings of 
 95.35  fact to support the disposition ordered, and shall also set 
 95.36  forth in writing the following information:  
 96.1      (a) Why the best interests of the child are served by the 
 96.2   disposition ordered; and 
 96.3      (b) What alternative dispositions were considered by the 
 96.4   court and why they were not appropriate in the instant case.  
 96.5   [260.195, subd. 5] 
 96.6      Subd. 8.  [REPORT.] The juvenile court shall report to the 
 96.7   office of state court administrator each disposition made under 
 96.8   this section and section 260B.198 where placement is made 
 96.9   outside of this state's jurisdictional boundaries.  Each report 
 96.10  shall contain information as to date of placement, length of 
 96.11  anticipated placement, program costs, reasons for out of state 
 96.12  placement, and any other information as the office requires to 
 96.13  determine the number of out of state placements, the reasons for 
 96.14  these placements, and the costs involved.  The report shall not 
 96.15  contain the name of the child.  Any information contained in the 
 96.16  reports relating to factors identifying a particular child is 
 96.17  confidential and may be disclosed only by order of the juvenile 
 96.18  court.  Any person violating this subdivision as to release of 
 96.19  this confidential information is guilty of a misdemeanor.  
 96.20  [260.195, subd. 6] 
 96.21     Subd. 9.  [EXPUNGEMENT.] The court may expunge the 
 96.22  adjudication of a child as a petty offender at any time it deems 
 96.23  advisable.  [260.195, subd. 7] 
 96.24     Sec. 33.  [260B.245] [EFFECT OF JUVENILE COURT 
 96.25  PROCEEDINGS.] 
 96.26     Subdivision 1.  [EFFECT.] (a) No adjudication upon the 
 96.27  status of any child in the jurisdiction of the juvenile court 
 96.28  shall operate to impose any of the civil disabilities imposed by 
 96.29  conviction, nor shall any child be deemed a criminal by reason 
 96.30  of this adjudication, nor shall this adjudication be deemed a 
 96.31  conviction of crime, except as otherwise provided in this 
 96.32  section or section 260B.255.  An extended jurisdiction juvenile 
 96.33  conviction shall be treated in the same manner as an adult 
 96.34  felony criminal conviction for purposes of the sentencing 
 96.35  guidelines.  The disposition of the child or any evidence given 
 96.36  by the child in the juvenile court shall not be admissible as 
 97.1   evidence against the child in any case or proceeding in any 
 97.2   other court, except that an adjudication may later be used to 
 97.3   determine a proper sentence, nor shall the disposition or 
 97.4   evidence disqualify the child in any future civil service 
 97.5   examination, appointment, or application. 
 97.6      (b) A person who was adjudicated delinquent for, or 
 97.7   convicted as an extended jurisdiction juvenile of, a crime of 
 97.8   violence as defined in section 624.712, subdivision 5, is not 
 97.9   entitled to ship, transport, possess, or receive a firearm until 
 97.10  ten years have elapsed since the person was discharged and 
 97.11  during that time the person was not convicted of any other crime 
 97.12  of violence.  A person who has received a relief of disability 
 97.13  under United States Code, title 18, section 925, is not subject 
 97.14  to the restrictions of this subdivision.  [260.211, subd. 1] 
 97.15     Subd. 2.  [CONSTRUCTION.] Nothing contained in this section 
 97.16  shall be construed to relate to subsequent proceedings in 
 97.17  juvenile court, nor shall preclude the juvenile court, under 
 97.18  circumstances other than those specifically prohibited in 
 97.19  subdivision 1, from disclosing information to qualified persons 
 97.20  if the court considers such disclosure to be in the best 
 97.21  interests of the child or of the administration of justice.  
 97.22  [260.211, subd. 2] 
 97.23     Sec. 34.  [260B.255] [JUVENILE COURT DISPOSITION BARS 
 97.24  CRIMINAL PROCEEDING.] 
 97.25     Subdivision 1.  [CERTAIN VIOLATIONS NOT CRIMES.] A 
 97.26  violation of a state or local law or ordinance by a child before 
 97.27  becoming 18 years of age is not a crime unless the juvenile 
 97.28  court: 
 97.29     (1) certifies the matter in accordance with the provisions 
 97.30  of section 260.125; 
 97.31     (2) transfers the matter to a court in accordance with the 
 97.32  provisions of section 260B.225; or 
 97.33     (3) convicts the child as an extended jurisdiction juvenile 
 97.34  and subsequently executes the adult sentence under section 
 97.35  260B.130, subdivision 5.  [260.215, subd. 1] 
 97.36     Subd. 2.  [PENALTY.] Except for matters referred to the 
 98.1   prosecuting authority under the provisions of this section or to 
 98.2   a court in accordance with the provisions of section 260B.225, 
 98.3   any peace officer knowingly bringing charges against a child in 
 98.4   a court other than a juvenile court for violating a state or 
 98.5   local law or ordinance is guilty of a misdemeanor.  This 
 98.6   subdivision does not apply to complaints brought for the 
 98.7   purposes of extradition.  [260.215, subd. 2] 
 98.8      Sec. 35.  [260B.331] [COSTS OF CARE.] 
 98.9      Subdivision 1.  [CARE, EXAMINATION, OR TREATMENT.] (a) (1) 
 98.10  Whenever legal custody of a child is transferred by the court to 
 98.11  a local social services agency, or 
 98.12     (2) whenever legal custody is transferred to a person other 
 98.13  than the local social services agency, but under the supervision 
 98.14  of the local social services agency, 
 98.15     (3) whenever a child is given physical or mental 
 98.16  examinations or treatment under order of the court, and no 
 98.17  provision is otherwise made by law for payment for the care, 
 98.18  examination, or treatment of the child, these costs are a charge 
 98.19  upon the welfare funds of the county in which proceedings are 
 98.20  held upon certification of the judge of juvenile court. 
 98.21     (b) The court shall order, and the local social services 
 98.22  agency shall require, the parents or custodian of a child, while 
 98.23  the child is under the age of 18, to use the total income and 
 98.24  resources attributable to the child for the period of care, 
 98.25  examination, or treatment, except for clothing and personal 
 98.26  needs allowance as provided in section 256B.35, to reimburse the 
 98.27  county for the cost of care, examination, or treatment.  Income 
 98.28  and resources attributable to the child include, but are not 
 98.29  limited to, social security benefits, supplemental security 
 98.30  income (SSI), veterans benefits, railroad retirement benefits 
 98.31  and child support.  When the child is over the age of 18, and 
 98.32  continues to receive care, examination, or treatment, the court 
 98.33  shall order, and the local social services agency shall require, 
 98.34  reimbursement from the child for the cost of care, examination, 
 98.35  or treatment from the income and resources attributable to the 
 98.36  child less the clothing and personal needs allowance.  
 99.1      (c) If the income and resources attributable to the child 
 99.2   are not enough to reimburse the county for the full cost of the 
 99.3   care, examination, or treatment, the court shall inquire into 
 99.4   the ability of the parents to support the child and, after 
 99.5   giving the parents a reasonable opportunity to be heard, the 
 99.6   court shall order, and the local social services agency shall 
 99.7   require, the parents to contribute to the cost of care, 
 99.8   examination, or treatment of the child.  Except in delinquency 
 99.9   cases where the victim is a member of the child's immediate 
 99.10  family, when determining the amount to be contributed by the 
 99.11  parents, the court shall use a fee schedule based upon ability 
 99.12  to pay that is established by the local social services agency 
 99.13  and approved by the commissioner of human services.  In 
 99.14  delinquency cases where the victim is a member of the child's 
 99.15  immediate family, the court shall use the fee schedule, but may 
 99.16  also take into account the seriousness of the offense and any 
 99.17  expenses which the parents have incurred as a result of the 
 99.18  offense.  The income of a stepparent who has not adopted a child 
 99.19  shall be excluded in calculating the parental contribution under 
 99.20  this section. 
 99.21     (d) The court shall order the amount of reimbursement 
 99.22  attributable to the parents or custodian, or attributable to the 
 99.23  child, or attributable to both sources, withheld under chapter 
 99.24  518 from the income of the parents or the custodian of the 
 99.25  child.  A parent or custodian who fails to pay without good 
 99.26  reason may be proceeded against for contempt, or the court may 
 99.27  inform the county attorney, who shall proceed to collect the 
 99.28  unpaid sums, or both procedures may be used. 
 99.29     (e) If the court orders a physical or mental examination 
 99.30  for a child, the examination is a medically necessary service 
 99.31  for purposes of determining whether the service is covered by a 
 99.32  health insurance policy, health maintenance contract, or other 
 99.33  health coverage plan.  Court-ordered treatment shall be subject 
 99.34  to policy, contract, or plan requirements for medical 
 99.35  necessity.  Nothing in this paragraph changes or eliminates 
 99.36  benefit limits, conditions of coverage, copayments or 
100.1   deductibles, provider restrictions, or other requirements in the 
100.2   policy, contract, or plan that relate to coverage of other 
100.3   medically necessary services.  [260.251, subd. 1] 
100.4      Subd. 2.  [COST OF GROUP FOSTER CARE.] Whenever a child is 
100.5   placed in a group foster care facility as provided in section 
100.6   260B.198, subdivision 1, clause (b) or (c), item (5), the cost 
100.7   of providing the care shall, upon certification by the juvenile 
100.8   court, be paid from the welfare fund of the county in which the 
100.9   proceedings were held.  To reimburse the counties for the costs 
100.10  of providing group foster care for delinquent children and to 
100.11  promote the establishment of suitable group foster homes, the 
100.12  state shall quarterly, from funds appropriated for that purpose, 
100.13  reimburse counties 50 percent of the costs not paid by federal 
100.14  and other available state aids and grants.  Reimbursement shall 
100.15  be prorated if the appropriation is insufficient. 
100.16     The commissioner of corrections shall establish procedures 
100.17  for reimbursement and certify to the commissioner of finance 
100.18  each county entitled to receive state aid under the provisions 
100.19  of this subdivision.  Upon receipt of a certificate the 
100.20  commissioner of finance shall issue a state warrant to the 
100.21  county treasurer for the amount due, together with a copy of the 
100.22  certificate prepared by the commissioner of corrections.  
100.23  [260.251, subd. 1a (omitting child protection-related text)] 
100.24     Subd. 3.  [COURT EXPENSES.] The following expenses are a 
100.25  charge upon the county in which proceedings are held upon 
100.26  certification of the judge of juvenile court or upon such other 
100.27  authorization provided by law: 
100.28     (a) The fees and mileage of witnesses, and the expenses and 
100.29  mileage of officers serving notices and subpoenas ordered by the 
100.30  court, as prescribed by law. 
100.31     (b) The expenses for travel and board of the juvenile court 
100.32  judge when holding court in places other than the county seat. 
100.33     (c) The expense of transporting a child to a place 
100.34  designated by a child-placing agency for the care of the child 
100.35  if the court transfers legal custody to a child-placing agency.  
100.36     (d) The expense of transporting a minor to a place 
101.1   designated by the court.  
101.2      (e) Reasonable compensation for an attorney appointed by 
101.3   the court to serve as counsel or guardian ad litem.  [260.251, 
101.4   subd. 2] 
101.5      Subd. 4.  [LEGAL SETTLEMENT.] The county charged with the 
101.6   costs and expenses under subdivisions 1 and 2 may recover these 
101.7   costs and expenses from the county where the minor has legal 
101.8   settlement for general assistance purposes by filing verified 
101.9   claims which shall be payable as are other claims against the 
101.10  county.  A detailed statement of the facts upon which the claim 
101.11  is based shall accompany the claim.  If a dispute relating to 
101.12  general assistance settlement arises, the local social services 
101.13  agency of the county denying legal settlement shall send a 
101.14  detailed statement of the facts upon which the claim is denied 
101.15  together with a copy of the detailed statement of the facts upon 
101.16  which the claim is based to the commissioner of human services.  
101.17  The commissioner shall immediately investigate and determine the 
101.18  question of general assistance settlement and shall certify 
101.19  findings to the local social services agency of each county.  
101.20  The decision of the commissioner is final and shall be complied 
101.21  with unless, within 30 days thereafter, action is taken in 
101.22  district court as provided in section 256.045.  [260.251, subd. 
101.23  3] 
101.24     Subd. 5.  [ATTORNEYS FEES.] In proceedings in which the 
101.25  court has appointed counsel pursuant to section 260B.163, 
101.26  subdivision 4, for a minor unable to employ counsel, the court 
101.27  may inquire into the ability of the parents to pay for such 
101.28  counsel's services and, after giving the parents a reasonable 
101.29  opportunity to be heard, may order the parents to pay attorneys 
101.30  fees.  [260.251, subd. 4] 
101.31     Subd. 6.  [GUARDIAN AD LITEM FEES.] In proceedings in which 
101.32  the court appoints a guardian ad litem pursuant to section 
101.33  260B.163, subdivision 6, clause (a), the court may inquire into 
101.34  the ability of the parents to pay for the guardian ad litem's 
101.35  services and, after giving the parents a reasonable opportunity 
101.36  to be heard, may order the parents to pay guardian fees.  
102.1   [260.251, subd. 5] 
102.2      Sec. 36.  [260B.335] [CIVIL JURISDICTION OVER PERSONS 
102.3   CONTRIBUTING TO DELINQUENCY OR STATUS AS A JUVENILE PETTY 
102.4   OFFENDER; COURT ORDERS.] 
102.5      Subdivision 1.  [JURISDICTION.] The juvenile court has 
102.6   civil jurisdiction over persons contributing to the delinquency 
102.7   or status as a juvenile petty offender under the provisions of 
102.8   this section.  [260.255, subd. 1 (omitting child 
102.9   protection-related text)] 
102.10     Subd. 2.  [PETITION; ORDER TO SHOW CAUSE.] A request for 
102.11  jurisdiction over a person described in subdivision 1 shall be 
102.12  initiated by the filing of a verified petition by the county 
102.13  attorney having jurisdiction over the place where the child is 
102.14  found, resides, or where the alleged act of contributing 
102.15  occurred.  A prior or pending petition alleging that the child 
102.16  is delinquent or a juvenile petty offender is not a prerequisite 
102.17  to a petition under this section.  The petition shall allege the 
102.18  factual basis for the claim that the person is contributing to 
102.19  the child's delinquency or status as a juvenile petty offender.  
102.20  If the court determines, upon review of the verified petition, 
102.21  that probable cause exists to believe that the person has 
102.22  contributed to the child's delinquency or status as a juvenile 
102.23  petty offender, the court shall issue an order to show cause why 
102.24  the person should not be subject to the jurisdiction of the 
102.25  court.  The order to show cause and a copy of the verified 
102.26  petition shall be served personally upon the person and shall 
102.27  set forth the time and place of the hearing to be conducted 
102.28  under subdivision 3.  [260.255, subd. 1a (omitting child 
102.29  protection-related text)] 
102.30     Subd. 3.  [HEARING.] (a) The court shall conduct a hearing 
102.31  on the petition in accordance with the procedures contained in 
102.32  paragraph (b).  
102.33     (b) Hearings under this subdivision shall be without a jury.
102.34  The rules of evidence promulgated pursuant to section 480.0591 
102.35  shall apply.  In all proceedings under this section, the court 
102.36  shall admit only evidence that would be admissible in a civil 
103.1   trial.  When the respondent is an adult, hearings under this 
103.2   subdivision shall be open to the public.  Hearings shall be 
103.3   conducted within five days of personal service of the order to 
103.4   show cause and may be continued for a reasonable period of time 
103.5   if a continuance is in the best interest of the child or in the 
103.6   interests of justice. 
103.7      (c) At the conclusion of the hearing, if the court finds by 
103.8   a fair preponderance of the evidence that the person has 
103.9   contributed to the child's delinquency or status as a juvenile 
103.10  petty offender as defined in section 260B.425, the court may 
103.11  make any of the following orders: 
103.12     (1) restrain the person from any further act or omission in 
103.13  violation of section 260B.425; 
103.14     (2) prohibit the person from associating or communicating 
103.15  in any manner with the child; 
103.16     (3) require the person to participate in evaluation or 
103.17  services determined necessary by the court to correct the 
103.18  conditions that contributed to the child's delinquency or status 
103.19  as a juvenile petty offender; 
103.20     (4) require the person to provide supervision, treatment, 
103.21  or other necessary care; 
103.22     (5) require the person to pay restitution to a victim for 
103.23  pecuniary damages arising from an act of the child relating to 
103.24  the child's delinquency or status as a juvenile petty offender; 
103.25     (6) require the person to pay the cost of services provided 
103.26  to the child or for the child's protection; or 
103.27     (7) require the person to provide for the child's 
103.28  maintenance or care if the person is responsible for the 
103.29  maintenance or care, and direct when, how, and where money for 
103.30  the maintenance or care shall be paid.  If the person is 
103.31  receiving public assistance for the child's maintenance or care, 
103.32  the court shall authorize the public agency responsible for 
103.33  administering the public assistance funds to make payments 
103.34  directly to vendors for the cost of food, shelter, medical care, 
103.35  utilities, and other necessary expenses.  
103.36     (d) An order issued under this section shall be for a fixed 
104.1   period of time, not to exceed one year.  The order may be 
104.2   renewed or modified prior to expiration upon notice and motion 
104.3   when there has not been compliance with the court's order or the 
104.4   order continues to be necessary to eliminate the contributing 
104.5   behavior or to mitigate its effect on the child.  [260.255, 
104.6   subd. 2 (omitting child protection-related text)] 
104.7      Subd. 4.  [CRIMINAL PROCEEDINGS.] The county attorney may 
104.8   bring both a criminal proceeding under section 260B.425 and a 
104.9   civil action under this section.  [260.255, subd. 3] 
104.10     Sec. 37.  [260B.411] [NEW EVIDENCE.] 
104.11     A child whose status has been adjudicated by a juvenile 
104.12  court, or the child's parent, guardian, custodian or spouse may, 
104.13  at any time within 15 days of the filing of the court's order, 
104.14  petition the court for a rehearing on the ground that new 
104.15  evidence has been discovered affecting the advisability of the 
104.16  court's original adjudication or disposition.  Upon a showing 
104.17  that such evidence does exist the court shall order that a new 
104.18  hearing be held within 30 days, unless the court extends this 
104.19  time period for good cause shown within the 30-day period, and 
104.20  shall make such disposition of the case as the facts and the 
104.21  best interests of the child warrant.  [260.281] 
104.22     Sec. 38.  [260B.415] [APPEAL.] 
104.23     Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 
104.24  (a) An appeal may be taken by the aggrieved person from a final 
104.25  order of the juvenile court affecting a substantial right of the 
104.26  aggrieved person, including, but not limited to, an order 
104.27  adjudging a child to be delinquent or a juvenile traffic 
104.28  offender.  The appeal shall be taken within 30 days of the 
104.29  filing of the appealable order.  The court administrator shall 
104.30  notify the person having legal custody of the minor of the 
104.31  appeal.  Failure to notify the person having legal custody of 
104.32  the minor shall not affect the jurisdiction of the appellate 
104.33  court.  The order of the juvenile court shall stand, pending the 
104.34  determination of the appeal, but the reviewing court may in its 
104.35  discretion and upon application stay the order. 
104.36     (b) An appeal may be taken by an aggrieved person from an 
105.1   order of the juvenile court on the issue of certification of a 
105.2   matter for prosecution under the laws and court procedures 
105.3   controlling adult criminal violations.  Certification appeals 
105.4   shall be expedited as provided by applicable rules.  [260.291, 
105.5   subd. 1 (omitting child protection-related text)] 
105.6      Subd. 2.  [APPEAL.] The appeal from a juvenile court is 
105.7   taken to the court of appeals as in civil cases, except as 
105.8   provided in subdivision 1.  [260.291, subd. 2] 
105.9      Sec. 39.  [260B.421] [CONTEMPT.] 
105.10     Any person knowingly interfering with an order of the 
105.11  juvenile court is in contempt of court.  However, a child who is 
105.12  under the continuing jurisdiction of the court for reasons other 
105.13  than having committed a delinquent act or a juvenile petty 
105.14  offense may not be adjudicated as a delinquent solely on the 
105.15  basis of having knowingly interfered with or disobeyed an order 
105.16  of the court.  [260.301] 
105.17     Sec. 40.  [260B.425] [CRIMINAL JURISDICTION FOR 
105.18  CONTRIBUTING TO STATUS AS A JUVENILE PETTY OFFENDER OR 
105.19  DELINQUENCY.] 
105.20     Subdivision 1.  [CRIMES.] (a) Any person who by act, word, 
105.21  or omission encourages, causes, or contributes to delinquency of 
105.22  a child or to a child's status as a juvenile petty offender, is 
105.23  guilty of a gross misdemeanor.  
105.24     (b) This section does not apply to licensed social service 
105.25  agencies and outreach workers who, while acting within the scope 
105.26  of their professional duties, provide services to runaway 
105.27  children.  [260.315, subd. 1 (omitting child protection-related 
105.28  text)] 
105.29     Subd. 2.  [COMPLAINT; VENUE.] A complaint under this 
105.30  section may be filed by the county attorney having jurisdiction 
105.31  where the child is found, resides, or where the alleged act of 
105.32  contributing occurred.  The complaint may be filed in either the 
105.33  juvenile or criminal divisions of the district court.  A prior 
105.34  or pending petition alleging that the child is delinquent, a 
105.35  juvenile petty offender, or in need of protection or services is 
105.36  not a prerequisite to a complaint or a conviction under this 
106.1   section.  [260.315, subd. 2] 
106.2      Subd. 3.  [AFFIRMATIVE DEFENSE.] If the child is alleged to 
106.3   be delinquent or a juvenile petty offender, it is an affirmative 
106.4   defense to a prosecution under subdivision 1 if the defendant 
106.5   proves, by a preponderance of the evidence, that the defendant 
106.6   took reasonable steps to control the child's conduct.  [260.315, 
106.7   subd. 3 (omitting child protection-related text)] 
106.8      Sec. 41.  [260B.441] [COST, PAYMENT.] 
106.9      In addition to the usual care and services given by public 
106.10  and private agencies, the necessary cost incurred by the 
106.11  commissioner of human services in providing care for such child 
106.12  shall be paid by the county committing such child which, subject 
106.13  to uniform rules established by the commissioner of human 
106.14  services, may receive a reimbursement not exceeding one-half of 
106.15  such costs from funds made available for this purpose by the 
106.16  legislature during the period beginning July 1, 1985, and ending 
106.17  December 31, 1985.  Beginning January 1, 1986, the necessary 
106.18  cost incurred by the commissioner of human services in providing 
106.19  care for the child must be paid by the county committing the 
106.20  child.  Where such child is eligible to receive a grant of aid 
106.21  to families with dependent children, Minnesota family investment 
106.22  program-statewide or supplemental security income for the aged, 
106.23  blind, and disabled, or a foster care maintenance payment under 
106.24  title IV-E of the Social Security Act, United States Code, title 
106.25  42, sections 670 to 676, the child's needs shall be met through 
106.26  these programs.  [260.38] 
106.27     Sec. 42.  [260B.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 
106.28  ASSISTANCE FURNISHED.] 
106.29     When any amount shall be recovered from any source for 
106.30  assistance furnished under the provisions of sections 260B.001 
106.31  to 260B.446, there shall be paid into the treasury of the state 
106.32  or county in the proportion in which they have respectively 
106.33  contributed toward the total assistance paid.  [260.39] 
106.34                             ARTICLE 3 
106.35                    CHILD PROTECTION PROVISIONS 
106.36     Section 1.  [260C.001] [TITLE, INTENT, AND CONSTRUCTION.] 
107.1      Subdivision 1.  [CITATION.] Sections 260C.001 to 260C.451 
107.2   may be cited as the child protection provisions of the Juvenile 
107.3   Court Act.  [260.011, subd. 1] 
107.4      Subd. 2.  [CHILD IN NEED OF PROTECTION SERVICES.] The 
107.5   paramount consideration in all proceedings concerning a child 
107.6   alleged or found to be in need of protection or services is the 
107.7   health, safety, and best interests of the child.  In proceedings 
107.8   involving an American Indian child, as defined in section 
107.9   260.755, subdivision 8, the best interests of the child must be 
107.10  determined consistent with sections 260.751 to 260.835 and the 
107.11  Indian Child Welfare Act, United States Code, title 25, sections 
107.12  1901 to 1923.  The purpose of the laws relating to juvenile 
107.13  courts is to secure for each child alleged or adjudicated in 
107.14  need of protection or services and under the jurisdiction of the 
107.15  court, the care and guidance, preferably in the child's own 
107.16  home, as will best serve the spiritual, emotional, mental, and 
107.17  physical welfare of the child; to provide judicial procedures 
107.18  which protect the welfare of the child; to preserve and 
107.19  strengthen the child's family ties whenever possible and in the 
107.20  child's best interests, removing the child from the custody of 
107.21  parents only when the child's welfare or safety cannot be 
107.22  adequately safeguarded without removal; and, when removal from 
107.23  the child's own family is necessary and in the child's best 
107.24  interests, to secure for the child custody, care and discipline 
107.25  as nearly as possible equivalent to that which should have been 
107.26  given by the parents.  [260.011, subd. 2, para (a)] 
107.27     Subd. 3.  [TERMINATION OF PARENTAL RIGHTS.] The purpose of 
107.28  the laws relating to termination of parental rights is to ensure 
107.29  that: 
107.30     (1) reasonable efforts have been made by the social service 
107.31  agency to reunite the child with the child's parents in a 
107.32  placement that is safe and permanent; and 
107.33     (2) if placement with the parents is not reasonably 
107.34  foreseeable, to secure for the child a safe and permanent 
107.35  placement, preferably with adoptive parents. 
107.36     Nothing in this section requires reasonable efforts to be 
108.1   made in circumstances where the court has determined that the 
108.2   child has been subjected to egregious harm or the parental 
108.3   rights of the parent to a sibling have been involuntarily 
108.4   terminated. 
108.5      The paramount consideration in all proceedings for the 
108.6   termination of parental rights is the best interests of the 
108.7   child.  In proceedings involving an American Indian child, as 
108.8   defined in section 257.351, subdivision 6, the best interests of 
108.9   the child must be determined consistent with the Indian Child 
108.10  Welfare Act of 1978, United States Code, title 25, section 1901, 
108.11  et seq.  [260.011, subd. 2, para (b)] 
108.12     Subd. 4.  [CONSTRUCTION.] The laws relating to the child 
108.13  protection provisions of the juvenile courts shall be liberally 
108.14  construed to carry out these purposes.  [260.011, subd. 2, para 
108.15  (d)] 
108.16     Sec. 2.  [260C.007] [DEFINITIONS.] 
108.17     Subdivision 1.  [SCOPE.] As used in this chapter, the terms 
108.18  defined in this section have the same meanings given to them.  
108.19  [260.015, subd. 1] 
108.20     Subd. 2.  [AGENCY.] "Agency" means the local social service 
108.21  agency or a licensed child-placing agency.  [260.015, subd. 1a] 
108.22     Subd. 3.  [CHILD.] "Child" means an individual under 18 
108.23  years of age.  [260.015, subd. 2 (omitting delinquency-related 
108.24  text)] 
108.25     Subd. 4.  [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 
108.26  in need of protection or services" means a child who is in need 
108.27  of protection or services because the child: 
108.28     (1) is abandoned or without parent, guardian, or custodian; 
108.29     (2)(i) has been a victim of physical or sexual abuse, (ii) 
108.30  resides with or has resided with a victim of domestic child 
108.31  abuse as defined in subdivision 25, (iii) resides with or would 
108.32  reside with a perpetrator of domestic child abuse or child abuse 
108.33  as defined in subdivision 25, or (iv) is a victim of emotional 
108.34  maltreatment as defined in subdivision 8; 
108.35     (3) is without necessary food, clothing, shelter, 
108.36  education, or other required care for the child's physical or 
109.1   mental health or morals because the child's parent, guardian, or 
109.2   custodian is unable or unwilling to provide that care; 
109.3      (4) is without the special care made necessary by a 
109.4   physical, mental, or emotional condition because the child's 
109.5   parent, guardian, or custodian is unable or unwilling to provide 
109.6   that care; 
109.7      (5) is medically neglected, which includes, but is not 
109.8   limited to, the withholding of medically indicated treatment 
109.9   from a disabled infant with a life-threatening condition.  The 
109.10  term "withholding of medically indicated treatment" means the 
109.11  failure to respond to the infant's life-threatening conditions 
109.12  by providing treatment, including appropriate nutrition, 
109.13  hydration, and medication which, in the treating physician's or 
109.14  physicians' reasonable medical judgment, will be most likely to 
109.15  be effective in ameliorating or correcting all conditions, 
109.16  except that the term does not include the failure to provide 
109.17  treatment other than appropriate nutrition, hydration, or 
109.18  medication to an infant when, in the treating physician's or 
109.19  physicians' reasonable medical judgment: 
109.20     (i) the infant is chronically and irreversibly comatose; 
109.21     (ii) the provision of the treatment would merely prolong 
109.22  dying, not be effective in ameliorating or correcting all of the 
109.23  infant's life-threatening conditions, or otherwise be futile in 
109.24  terms of the survival of the infant; or 
109.25     (iii) the provision of the treatment would be virtually 
109.26  futile in terms of the survival of the infant and the treatment 
109.27  itself under the circumstances would be inhumane; 
109.28     (6) is one whose parent, guardian, or other custodian for 
109.29  good cause desires to be relieved of the child's care and 
109.30  custody; 
109.31     (7) has been placed for adoption or care in violation of 
109.32  law; 
109.33     (8) is without proper parental care because of the 
109.34  emotional, mental, or physical disability, or state of 
109.35  immaturity of the child's parent, guardian, or other custodian; 
109.36     (9) is one whose behavior, condition, or environment is 
110.1   such as to be injurious or dangerous to the child or others.  An 
110.2   injurious or dangerous environment may include, but is not 
110.3   limited to, the exposure of a child to criminal activity in the 
110.4   child's home; 
110.5      (10) is experiencing growth delays, which may be referred 
110.6   to as failure to thrive, that have been diagnosed by a physician 
110.7   and are due to parental neglect; 
110.8      (11) has engaged in prostitution as defined in section 
110.9   609.321, subdivision 9; 
110.10     (12) has committed a delinquent act or a juvenile petty 
110.11  offense before becoming ten years old; 
110.12     (13) is a runaway; 
110.13     (14) is an habitual truant; 
110.14     (15) has been found incompetent to proceed or has been 
110.15  found not guilty by reason of mental illness or mental 
110.16  deficiency in connection with a delinquency proceeding, a 
110.17  certification under section 260.125, an extended jurisdiction 
110.18  juvenile prosecution, or a proceeding involving a juvenile petty 
110.19  offense; 
110.20     (16) is one whose custodial parent's parental rights to 
110.21  another child have been involuntarily terminated within the past 
110.22  five years; or 
110.23     (17) has been found by the court to have committed domestic 
110.24  abuse perpetrated by a minor under Laws 1997, chapter 239, 
110.25  article 10, sections 2 to 26, has been ordered excluded from the 
110.26  child's parent's home by an order for protection/minor 
110.27  respondent, and the parent or guardian is either unwilling or 
110.28  unable to provide an alternative safe living arrangement for the 
110.29  child.  [260.015, subd. 2a] 
110.30     Subd. 5.  [CHILD-PLACING AGENCY.] "Child-placing agency" 
110.31  means anyone licensed under sections 245A.01 to 245A.16 and 
110.32  252.28, subdivision 2.  [260.015, subd. 3] 
110.33     Subd. 6.  [COURT.] "Court" means juvenile court unless 
110.34  otherwise specified in this section.  [260.015, subd. 4] 
110.35     Subd. 7.  [DELINQUENT CHILD.] "Delinquent child" means a 
110.36  child: 
111.1      (1) who has violated any state or local law, except as 
111.2   provided in section 260B.225, subdivision 1, and except for 
111.3   juvenile offenders as described in subdivisions 19 and 20; or 
111.4      (2) who has violated a federal law or a law of another 
111.5   state and whose case has been referred to the juvenile court if 
111.6   the violation would be an act of delinquency if committed in 
111.7   this state or a crime or offense if committed by an adult.  
111.8   [260.015, subd. 5 (omitting delinquency-related text)] 
111.9      Subd. 8.  [EMOTIONAL MALTREATMENT.] "Emotional 
111.10  maltreatment" means the consistent, deliberate infliction of 
111.11  mental harm on a child by a person responsible for the child's 
111.12  care, that has an observable, sustained, and adverse effect on 
111.13  the child's physical, mental, or emotional development. 
111.14  "Emotional maltreatment" does not include reasonable training or 
111.15  discipline administered by the person responsible for the 
111.16  child's care or the reasonable exercise of authority by that 
111.17  person.  [260.015, subd. 5a] 
111.18     Subd. 9.  [FOSTER CARE.] "Foster care" means the 24 hour a 
111.19  day care of a child in any facility which for gain or otherwise 
111.20  regularly provides one or more children, when unaccompanied by 
111.21  their parents, with a substitute for the care, food, lodging, 
111.22  training, education, supervision or treatment they need but 
111.23  which for any reason cannot be furnished by their parents or 
111.24  legal guardians in their homes.  [260.015, subd. 7] 
111.25     Subd. 10.  [LEGAL CUSTODY.] "Legal custody" means the right 
111.26  to the care, custody, and control of a child who has been taken 
111.27  from a parent by the court in accordance with the provisions of 
111.28  section 260C.201 or 260C.317.  The expenses of legal custody are 
111.29  paid in accordance with the provisions of section 260C.331.  
111.30  [260.015, subd. 8 (omitting delinquency-related text)] 
111.31     Subd. 11.  [MINOR.] "Minor" means an individual under 18 
111.32  years of age.  [260.015, subd. 9] 
111.33     Subd. 12.  [PARENT.] "Parent" means the birth or adoptive 
111.34  parent of a minor.  For an Indian child, parent includes any 
111.35  Indian person who has adopted a child by tribal law or custom, 
111.36  as provided in section 260.755, subdivision 14.  [260.015, subd. 
112.1   11] 
112.2      Subd. 13.  [PERSON.] "Person" includes any individual, 
112.3   association, corporation, partnership, and the state or any of 
112.4   its political subdivisions, departments, or agencies.  [260.015, 
112.5   subd. 12] 
112.6      Subd. 14.  [RELATIVE.] "Relative" means a parent, 
112.7   stepparent, grandparent, brother, sister, uncle, or aunt of the 
112.8   minor.  This relationship may be by blood or marriage.  For an 
112.9   Indian child, relative includes members of the extended family 
112.10  as defined by the law or custom of the Indian child's tribe or, 
112.11  in the absence of laws or custom, nieces, nephews, or first or 
112.12  second cousins, as provided in the Indian Child Welfare Act of 
112.13  1978, United States Code, title 25, section 1903.  For purposes 
112.14  of dispositions, relative has the meaning given in section 
112.15  260C.193, subdivision 3.  [260.015, subd. 13] 
112.16     Subd. 15.  [CUSTODIAN.] "Custodian" means any person who is 
112.17  under a legal obligation to provide care and support for a minor 
112.18  or who is in fact providing care and support for a minor.  This 
112.19  subdivision does not impose upon persons who are not otherwise 
112.20  legally responsible for providing a child with necessary food, 
112.21  clothing, shelter, education, or medical care a duty to provide 
112.22  that care.  For an Indian child, custodian means any Indian 
112.23  person who has legal custody of an Indian child under tribal law 
112.24  or custom or under state law or to whom temporary physical care, 
112.25  custody, and control has been transferred by the parent of the 
112.26  child, as provided in section 260.755, subdivision 10.  
112.27  [260.015, subd. 14] 
112.28     Subd. 16.  [SECURE DETENTION FACILITY.] "Secure detention 
112.29  facility" means a physically restricting facility, including but 
112.30  not limited to a jail, a hospital, a state institution, a 
112.31  residential treatment center, or a detention home used for the 
112.32  temporary care of a child pending court action. 
112.33     Subd. 17.  [SHELTER CARE FACILITY.] "Shelter care facility" 
112.34  means a physically unrestricting facility, such as but not 
112.35  limited to, a hospital, a group home or a licensed facility for 
112.36  foster care, used for the temporary care of a child pending 
113.1   court action.  [260.015, subd. 17] 
113.2      Subd. 18.  [NEGLECTED AND IN FOSTER CARE.] "Neglected and 
113.3   in foster care" means a child 
113.4      (a) Who has been placed in foster care by court order; and 
113.5      (b) Whose parents' circumstances, condition, or conduct are 
113.6   such that the child cannot be returned to them; and 
113.7      (c) Whose parents, despite the availability of needed 
113.8   rehabilitative services, have failed to make reasonable efforts 
113.9   to adjust their circumstances, condition or conduct, or have 
113.10  willfully failed to meet reasonable expectations with regard to 
113.11  visiting the child or providing financial support for the child. 
113.12  [260.015, subd. 18] 
113.13     Subd. 19.  [HABITUAL TRUANT.] "Habitual truant" means a 
113.14  child under the age of 16 years who is absent from attendance at 
113.15  school without lawful excuse for seven school days if the child 
113.16  is in elementary school or for one or more class periods on 
113.17  seven school days if the child is in middle school, junior high 
113.18  school, or high school, or a child who is 16 or 17 years of age 
113.19  who is absent from attendance at school without lawful excuse 
113.20  for one or more class periods on seven school days and who has 
113.21  not lawfully withdrawn from school under section 120A.22, 
113.22  subdivision 6.  [260.015, subd. 19] 
113.23     Subd. 20.  [RUNAWAY.] "Runaway" means an unmarried child 
113.24  under the age of 18 years who is absent from the home of a 
113.25  parent or other lawful placement without the consent of the 
113.26  parent, guardian, or lawful custodian.  [260.015, subd. 20] 
113.27     Subd. 21.  [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 
113.28  means:  
113.29     (1) any physical injury to a minor family or household 
113.30  member inflicted by an adult family or household member other 
113.31  than by accidental means; or 
113.32     (2) subjection of a minor family or household member by an 
113.33  adult family or household member to any act which constitutes a 
113.34  violation of sections 609.321 to 609.324, 609.342, 609.343, 
113.35  609.344, 609.345, or 617.246.  [260.015, subd. 24] 
113.36     Subd. 22.  [FAMILY OR HOUSEHOLD MEMBERS.] "Family or 
114.1   household members" means spouses, former spouses, parents and 
114.2   children, persons related by blood, and persons who are 
114.3   presently residing together or who have resided together in the 
114.4   past, and persons who have a child in common regardless of 
114.5   whether they have been married or have lived together at any 
114.6   time.  [260.015, subd. 25] 
114.7      Subd. 23.  [INDIAN.] "Indian," consistent with section 
114.8   260.755, subdivision 7, means a person who is a member of an 
114.9   Indian tribe or who is an Alaskan native and a member of a 
114.10  regional corporation as defined in section 7 of the Alaska 
114.11  Native Claims Settlement Act, United States Code, title 43, 
114.12  section 1606.  [260.015, subd. 26] 
114.13     Subd. 24.  [INDIAN CHILD.] "Indian child," consistent with 
114.14  section 260.755, subdivision 8, means an unmarried person who is 
114.15  under age 18 and is: 
114.16     (1) a member of an Indian tribe; or 
114.17     (2) eligible for membership in an Indian tribe.  [260.015, 
114.18  subd. 27] 
114.19     Subd. 25.  [CHILD ABUSE.] "Child abuse" means an act that 
114.20  involves a minor victim and that constitutes a violation of 
114.21  section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
114.22  609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 
114.23  609.378, or 617.246.  [260.015, subd. 28] 
114.24     Subd. 26.  [EGREGIOUS HARM.] "Egregious harm" means the 
114.25  infliction of bodily harm to a child or neglect of a child which 
114.26  demonstrates a grossly inadequate ability to provide minimally 
114.27  adequate parental care.  The egregious harm need not have 
114.28  occurred in the state or in the county where a termination of 
114.29  parental rights action is otherwise properly venued.  Egregious 
114.30  harm includes, but is not limited to: 
114.31     (1) conduct towards a child that constitutes a violation of 
114.32  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
114.33  any other similar law of any other state; 
114.34     (2) the infliction of "substantial bodily harm" to a child, 
114.35  as defined in section 609.02, subdivision 7a; 
114.36     (3) conduct towards a child that constitutes felony 
115.1   malicious punishment of a child under section 609.377; 
115.2      (4) conduct towards a child that constitutes felony 
115.3   unreasonable restraint of a child under section 609.255, 
115.4   subdivision 3; 
115.5      (5) conduct towards a child that constitutes felony neglect 
115.6   or endangerment of a child under section 609.378; 
115.7      (6) conduct towards a child that constitutes assault under 
115.8   section 609.221, 609.222, or 609.223; 
115.9      (7) conduct towards a child that constitutes solicitation, 
115.10  inducement, or promotion of, or receiving profit derived from 
115.11  prostitution under section 609.322; 
115.12     (8) conduct toward a child that constitutes murder or 
115.13  voluntary manslaughter as defined by United States Code, title 
115.14  18, section 1111(a) or 1112(a); or 
115.15     (9) conduct toward a child that constitutes aiding or 
115.16  abetting, attempting, conspiring, or soliciting to commit a 
115.17  murder or voluntary manslaughter that constitutes a violation of 
115.18  United States Code, title 18, section 1111(a) or 1112(a). 
115.19  [260.015, subd. 29] 
115.20     Sec. 3.  [260C.050] [EXPERT ASSISTANCE.] 
115.21     In any county the court may provide for the physical and 
115.22  mental diagnosis of cases of minors who are believed to be 
115.23  physically handicapped, mentally ill, or mentally retarded, and 
115.24  for such purpose may appoint professionally qualified persons, 
115.25  whose compensation shall be fixed by the judge with the approval 
115.26  of the county board.  [260.092] 
115.27     Sec. 4.  [260C.101] [JURISDICTION.] 
115.28     Subdivision 1.  [CHILDREN IN NEED OF PROTECTION OR 
115.29  SERVICES, OR NEGLECTED AND IN FOSTER CARE.] The juvenile court 
115.30  has original and exclusive jurisdiction in proceedings 
115.31  concerning any child who is alleged to be in need of protection 
115.32  or services, or neglected and in foster care.  [260.111, subd. 1 
115.33  (omitting delinquency-related text)] 
115.34     Subd. 2.  [JURISDICTION OVER OTHER MATTERS RELATING TO 
115.35  CHILDREN.] Except as provided in clause (d), the juvenile court 
115.36  has original and exclusive jurisdiction in proceedings 
116.1   concerning: 
116.2      (a) The termination of parental rights to a child in 
116.3   accordance with the provisions of sections 260C.301 to 260C.328. 
116.4      (b) The appointment and removal of a juvenile court 
116.5   guardian of the person for a child, where parental rights have 
116.6   been terminated under the provisions of sections 260C.301 to 
116.7   260C.328. 
116.8      (c) Judicial consent to the marriage of a child when 
116.9   required by law. 
116.10     (d) The juvenile court in those counties in which the judge 
116.11  of the probate-juvenile court has been admitted to the practice 
116.12  of law in this state shall proceed under the laws relating to 
116.13  adoptions in all adoption matters.  In those counties in which 
116.14  the judge of the probate-juvenile court has not been admitted to 
116.15  the practice of law in this state the district court shall 
116.16  proceed under the laws relating to adoptions in all adoption 
116.17  matters. 
116.18     (e) The review of the foster care status of a child who has 
116.19  been placed in a residential facility, as defined in section 
116.20  260C.212, subdivision 1, pursuant to a voluntary release by the 
116.21  child's parent or parents.  [260.111, subd. 2 (omitting 
116.22  delinquency-related text)] 
116.23     Subd. 3.  [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 
116.24  CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 
116.25  concerning any alleged acts of domestic child abuse.  In a 
116.26  jurisdiction which utilizes referees in child in need of 
116.27  protection or services matters, the court or judge may refer 
116.28  actions under this subdivision to a referee to take and report 
116.29  the evidence in the action.  If the respondent does not appear 
116.30  after service is duly made and proved, the court may hear and 
116.31  determine the proceeding as a default matter.  Proceedings under 
116.32  this subdivision shall be given docket priority by the court.  
116.33  [260.111, subd. 3] 
116.34     Subd. 4.  [JURISDICTION OVER PARENTS AND GUARDIANS.] A 
116.35  parent, guardian, or custodian of a child who is subject to the 
116.36  jurisdiction of the court is also subject to the jurisdiction of 
117.1   the court in any matter in which that parent, guardian, or 
117.2   custodian has a right to notice under section 260C.151 or 
117.3   260C.152, or the right to participate under section 260.155.  In 
117.4   any proceeding concerning a child alleged to be in need of 
117.5   protection or services, the court has jurisdiction over a 
117.6   parent, guardian, or custodian for the purposes of a disposition 
117.7   order issued under section 260C.201, subdivision 6.  [260.111, 
117.8   subd. 4] 
117.9      Subd. 5.  [JURISDICTION OVER INDIAN CHILDREN.] In a child 
117.10  in need of protection or services proceeding, when an Indian 
117.11  child is a ward of a tribal court with federally recognized 
117.12  child welfare jurisdiction, the Indian tribe retains exclusive 
117.13  jurisdiction notwithstanding the residence or domicile of an 
117.14  Indian child, as provided in the Indian Child Welfare Act of 
117.15  1978, United States Code, title 25, section 1911.  [260.111, 
117.16  subd. 5] 
117.17     Sec. 5.  [260C.121] [VENUE.] 
117.18     Subdivision 1.  [VENUE.] When it is alleged that a child is 
117.19  in need of protection or services, venue may be in the county 
117.20  where the child is found, in the county of residence, or in the 
117.21  county where the alleged conditions causing the child's need for 
117.22  protection or services occurred.  [260.121, subd. 1 (omitting 
117.23  delinquency-related text)] 
117.24     Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
117.25  transfer any proceedings brought under section 260C.101, except 
117.26  adoptions, to the juvenile court of a county having venue as 
117.27  provided in subdivision 1, at any stage of the proceedings and 
117.28  in the following manner.  When it appears that the best 
117.29  interests of the child, society, or the convenience of 
117.30  proceedings will be served by a transfer, the court may transfer 
117.31  the case to the juvenile court of the county of the child's 
117.32  residence.  With the consent of the receiving court, the court 
117.33  may also transfer the case to the juvenile court of the county 
117.34  where the child is found.  The court transfers the case by 
117.35  ordering a continuance and by forwarding to the court 
117.36  administrator of the appropriate juvenile court a certified copy 
118.1   of all papers filed, together with an order of transfer.  The 
118.2   judge of the receiving court may accept the findings of the 
118.3   transferring court or may direct the filing of a new petition or 
118.4   notice under section 260C.143 and hear the case anew.  [260.121, 
118.5   subd. 2 (omitting delinquency-related text)] 
118.6      Subd. 3.  [RESIDENT OF ANOTHER STATE.] If it appears at any 
118.7   stage of the proceeding that a child before the court is a 
118.8   resident of another state, the court may invoke the provisions 
118.9   of the interstate compact on juveniles or, if it is in the best 
118.10  interests of the child or the public to do so, the court may 
118.11  place the child in the custody of the child's parent, guardian, 
118.12  or custodian, if the parent, guardian, or custodian agrees to 
118.13  accept custody of the child and return the child to their state. 
118.14  [260.121, subd. 3 (omitting delinquency-related text)] 
118.15     Sec. 6.  [260C.141] [PETITION.] 
118.16     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
118.17  reputable person, including but not limited to any agent of the 
118.18  commissioner of human services, having knowledge of a child in 
118.19  this state or of a child who is a resident of this state, who 
118.20  appears to be in need of protection or services or neglected and 
118.21  in foster care, may petition the juvenile court in the manner 
118.22  provided in this section. 
118.23     (b) A petition for a child in need of protection filed by 
118.24  an individual who is not a county attorney or an agent of the 
118.25  commissioner of human services shall be filed on a form 
118.26  developed by the state court administrator and provided to court 
118.27  administrators.  Copies of the form may be obtained from the 
118.28  court administrator in each county.  The court administrator 
118.29  shall review the petition before it is filed to determine that 
118.30  it is completed.  The court administrator may reject the 
118.31  petition if it does not indicate that the petitioner has 
118.32  contacted the local social service agency. 
118.33     An individual may file a petition under this subdivision 
118.34  without seeking internal review of the local social service 
118.35  agency's decision.  The court shall determine whether there is 
118.36  probable cause to believe that a need for protection or services 
119.1   exists before the matter is set for hearing.  If the matter is 
119.2   set for hearing, the court administrator shall notify the local 
119.3   social service agency by sending notice to the county attorney. 
119.4      The petition must contain: 
119.5      (1) a statement of facts that would establish, if proven, 
119.6   that there is a need for protection or services for the child 
119.7   named in the petition; 
119.8      (2) a statement that petitioner has reported the 
119.9   circumstances underlying the petition to the local social 
119.10  service agency, and protection or services were not provided to 
119.11  the child; 
119.12     (3) a statement whether there are existing juvenile or 
119.13  family court custody orders or pending proceedings in juvenile 
119.14  or family court concerning the child; and 
119.15     (4) a statement of the relationship of the petitioner to 
119.16  the child and any other parties. 
119.17     The court may not allow a petition to proceed under this 
119.18  paragraph if it appears that the sole purpose of the petition is 
119.19  to modify custody between the parents.  [260.131, subd. 1 
119.20  (omitting delinquency-related text)] 
119.21     Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
119.22  service agency responsible for the placement of a child in a 
119.23  residential facility, as defined in section 260C.212, 
119.24  subdivision 1, pursuant to a voluntary release by the child's 
119.25  parent or parents may bring a petition in juvenile court to 
119.26  review the foster care status of the child in the manner 
119.27  provided in this section.  [260.131, subd. 1a] 
119.28     Subd. 3.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
119.29  HABITUAL TRUANT.] If there is a school attendance review board 
119.30  or county attorney mediation program operating in the child's 
119.31  school district, a petition alleging that a child is in need of 
119.32  protection or services as a habitual truant under section 
119.33  260.015, subdivision 2a, clause (12), may not be filed until the 
119.34  applicable procedures under section 260A.06 or 260A.07 have been 
119.35  followed.  [260.131, subd. 1b] 
119.36     Subd. 4.  [VERIFICATION OF PETITION.] The petition shall be 
120.1   verified by the person having knowledge of the facts and may be 
120.2   on information and belief.  Unless otherwise provided by this 
120.3   section or by rule or order of the court, the county attorney 
120.4   shall draft the petition upon the showing of reasonable grounds 
120.5   to support the petition.  [260.131, subd. 2] 
120.6      Subd. 5.  [FORM OF PETITION.] The petition and all 
120.7   subsequent court documents shall be entitled substantially as 
120.8   follows: 
120.9      "Juvenile Court, County of ................. 
120.10     In the matter of the welfare of ..........." 
120.11     The petition shall set forth plainly: 
120.12     (a) The facts which bring the child within the jurisdiction 
120.13  of the court; 
120.14     (b) The name, date of birth, residence, and post office 
120.15  address of the child; 
120.16     (c) The names, residences, and post office addresses of the 
120.17  child's parents; 
120.18     (d) The name, residence, and post office address of the 
120.19  child's guardian if there be one, of the person having custody 
120.20  or control of the child, and of the nearest known relative if no 
120.21  parent or guardian can be found; 
120.22     (e) The spouse of the child, if there be one.  If any of 
120.23  the facts required by the petition are not known or cannot be 
120.24  ascertained by the petitioner, the petition shall so state.  
120.25  [260.131, subd. 3] 
120.26     Subd. 6.  [CONCURRENT JURISDICTION.] When a petition is 
120.27  filed alleging that a child has engaged in prostitution as 
120.28  defined in section 609.321, subdivision 9, the county attorney 
120.29  shall determine whether concurrent jurisdiction is necessary to 
120.30  provide appropriate intervention and, if so, proceed to file a 
120.31  petition alleging the child to be both delinquent and in need of 
120.32  protection or services.  [260.131, subd. 5] 
120.33     Sec. 7.  [260C.143] [PROCEDURE; HABITUAL TRUANTS, RUNAWAYS, 
120.34  OFFENDERS.] 
120.35     Subdivision 1.  [NOTICE.] When a peace officer, or 
120.36  attendance officer in the case of a habitual truant, has 
121.1   probable cause to believe that a child is in need of protection 
121.2   or services under section 260C.007, subdivision 4, clause (13) 
121.3   or (14), the officer may issue a notice to the child to appear 
121.4   in juvenile court in the county in which the child is found or 
121.5   in the county of the child's residence.  If there is a school 
121.6   attendance review board or county attorney mediation program 
121.7   operating in the child's school district, a notice to appear in 
121.8   juvenile court for a habitual truant may not be issued until the 
121.9   applicable procedures under section 260A.06 or 260A.07 have been 
121.10  followed.  The officer shall file a copy of the notice to appear 
121.11  with the juvenile court of the appropriate county.  If a child 
121.12  fails to appear in response to the notice, the court may issue a 
121.13  summons notifying the child of the nature of the offense alleged 
121.14  and the time and place set for the hearing.  If the peace 
121.15  officer finds it necessary to take the child into custody, 
121.16  sections 260C.175 and 260C.176 shall apply.  [260.132, subd. 1 
121.17  (omitting delinquency-related text)] 
121.18     Subd. 2.  [EFFECT OF NOTICE.] Filing with the court a 
121.19  notice to appear containing the name and address of the child, 
121.20  specifying the offense alleged and the time and place it was 
121.21  committed, has the effect of a petition giving the juvenile 
121.22  court jurisdiction.  In the case of running away, the place 
121.23  where the offense was committed may be stated in the notice as 
121.24  either the child's custodial parent's or guardian's residence or 
121.25  lawful placement or where the child was found by the officer.  
121.26  In the case of truancy, the place where the offense was 
121.27  committed may be stated as the school or the place where the 
121.28  child was found by the officer.  [260.132, subd. 2] 
121.29     Subd. 3.  [NOTICE TO PARENT.] Whenever a notice to appear 
121.30  or petition is filed alleging that a child is in need of 
121.31  protection or services under section 260C.007, subdivision 4, 
121.32  clause (13) or (14), the court shall summon and notify the 
121.33  person or persons having custody or control of the child of the 
121.34  nature of the offense alleged and the time and place of 
121.35  hearing.  This summons and notice shall be served in the time 
121.36  and manner provided in section 260C.151, subdivision 1.  
122.1   [260.132, subd. 3 (omitting delinquency-related text)] 
122.2      Subd. 4.  [TRUANT.] When a peace officer or probation 
122.3   officer has probable cause to believe that a child is currently 
122.4   under age 16 and absent from school without lawful excuse, the 
122.5   officer may transport the child to the child's home and deliver 
122.6   the child to the custody of the child's parent or guardian, 
122.7   transport the child to the child's school of enrollment and 
122.8   deliver the child to the custody of a school superintendent or 
122.9   teacher or transport the child to a truancy service center under 
122.10  section 260A.04, subdivision 3.  [260.132, subd. 4] 
122.11     Sec. 8.  [260C.148] [PROCEDURE; DOMESTIC CHILD ABUSE.] 
122.12     Subdivision 1.  [PETITION.] The local welfare agency may 
122.13  bring an emergency petition on behalf of minor family or 
122.14  household members seeking relief from acts of domestic child 
122.15  abuse.  The petition shall allege the existence of or immediate 
122.16  and present danger of domestic child abuse, and shall be 
122.17  accompanied by an affidavit made under oath stating the specific 
122.18  facts and circumstances from which relief is sought.  [260.133, 
122.19  subd. 1] 
122.20     Subd. 2.  [TEMPORARY ORDER.] (a) If it appears from the 
122.21  notarized petition or by sworn affidavit that there are 
122.22  reasonable grounds to believe the child is in immediate and 
122.23  present danger of domestic child abuse, the court may grant an 
122.24  ex parte temporary order for protection, pending a full 
122.25  hearing.  The court may grant relief as it deems proper, 
122.26  including an order:  
122.27     (1) restraining any party from committing acts of domestic 
122.28  child abuse; or 
122.29     (2) excluding the alleged abusing party from the dwelling 
122.30  which the family or household members share or from the 
122.31  residence of the child.  
122.32     (b) However, no order excluding the alleged abusing party 
122.33  from the dwelling may be issued unless the court finds that:  
122.34     (1) the order is in the best interests of the child or 
122.35  children remaining in the dwelling; and 
122.36     (2) a remaining adult family or household member is able to 
123.1   care adequately for the child or children in the absence of the 
123.2   excluded party.  
123.3      Before the temporary order is issued, the local welfare 
123.4   agency shall advise the court and the other parties who are 
123.5   present that appropriate social services will be provided to the 
123.6   family or household members during the effective period of the 
123.7   order.  
123.8      An ex parte temporary order for protection shall be 
123.9   effective for a fixed period not to exceed 14 days.  Within five 
123.10  days of the issuance of the temporary order, the petitioner 
123.11  shall file a petition with the court pursuant to section 
123.12  260C.141, alleging that the child is in need of protection or 
123.13  services and the court shall give docket priority to the 
123.14  petition.  
123.15     The court may renew the temporary order for protection one 
123.16  time for a fixed period not to exceed 14 days if a petition 
123.17  alleging that the child is in need of protection or services has 
123.18  been filed with the court and if the court determines, upon 
123.19  informal review of the case file, that the renewal is 
123.20  appropriate.  [260.133, subd. 2] 
123.21     Subd. 3.  [SERVICE AND EXECUTION OF ORDER.] Any order 
123.22  issued under this section or section 260C.201, subdivision 3, 
123.23  shall be served personally upon the respondent.  Where 
123.24  necessary, the court shall order the sheriff or constable to 
123.25  assist in service or execution of the order.  [260.133, subd. 3] 
123.26     Subd. 4.  [MODIFICATION OF ORDER.] Upon application, notice 
123.27  to all parties, and hearing, the court may modify the terms of 
123.28  an existing order for protection issued under this section or 
123.29  section 260C.201, subdivision 3.  [260.133, subd. 4] 
123.30     Subd. 5.  [RIGHT TO APPLY FOR RELIEF.] The local welfare 
123.31  agency's right to apply for relief on behalf of a child shall 
123.32  not be affected by the child's leaving the dwelling or household 
123.33  to avoid abuse.  [260.133, subd. 5] 
123.34     Subd. 6.  [REAL ESTATE.] Nothing in this section or section 
123.35  260C.201, subdivision 3, shall affect the title to real estate.  
123.36  [260.133, subd. 6] 
124.1      Subd. 7.  [OTHER REMEDIES AVAILABLE.] Any relief ordered 
124.2   under this section or section 260C.201, subdivision 3, shall be 
124.3   in addition to other available civil or criminal remedies.  
124.4   [260.133, subd. 7] 
124.5      Subd. 8.  [COPY TO LAW ENFORCEMENT AGENCY.] An order for 
124.6   protection granted pursuant to this section or section 260C.201, 
124.7   subdivision 3, shall be forwarded by the court administrator 
124.8   within 24 hours to the local law enforcement agency with 
124.9   jurisdiction over the residence of the child.  
124.10     Each appropriate law enforcement agency shall make 
124.11  available to other law enforcement officers through a system of 
124.12  verification, information as to the existence and status of any 
124.13  order for protection issued pursuant to this section or section 
124.14  260C.201, subdivision 3.  [260.133, subd. 8] 
124.15     Sec. 9.  [260C.151] [SUMMONS; NOTICE.] 
124.16     Subdivision 1.  [ISSUANCE OF SUMMONS.] After a petition has 
124.17  been filed and unless the parties hereinafter named voluntarily 
124.18  appear, the court shall set a time for a hearing and shall issue 
124.19  a summons requiring the person who has custody or control of the 
124.20  child to appear with the child before the court at a time and 
124.21  place stated.  The summons shall have a copy of the petition 
124.22  attached, and shall advise the parties of the right to counsel 
124.23  and of the consequences of failure to obey the summons.  The 
124.24  court shall give docket priority to any child in need of 
124.25  protection or services or neglected and in foster care, that 
124.26  contains allegations of child abuse over any other case.  As 
124.27  used in this subdivision, "child abuse" has the meaning given it 
124.28  in section 630.36, subdivision 2.  [260.135, subd. 1 (omitting 
124.29  delinquency-related text)] 
124.30     Subd. 2.  [NOTICE OF PENDENCY OF CASE.] The court shall 
124.31  have notice of the pendency of the case and of the time and 
124.32  place of the hearing served upon a parent, guardian, or spouse 
124.33  of the child, who has not been summoned as provided in 
124.34  subdivision 1.  For an Indian child, notice of all proceedings 
124.35  must comply with the Indian Child Welfare Act of 1978, United 
124.36  States Code, title 25, section 1901, et seq., and section 
125.1   260.765.  [260.135, subd. 2] 
125.2      Subd. 3.  [TERMINATION OF PARENTAL RIGHTS.] If a petition 
125.3   alleging a child's need for protection or services, or a 
125.4   petition to terminate parental rights is initiated by a person 
125.5   other than a representative of the department of human services 
125.6   or local social services agency, the court administrator shall 
125.7   notify the local social services agency of the pendency of the 
125.8   case and of the time and place appointed.  [260.135, subd. 3] 
125.9      Subd. 4.  [ISSUANCE OF SUBPOENA.] The court may issue a 
125.10  subpoena requiring the appearance of any other person whose 
125.11  presence, in the opinion of the court, is necessary.  [260.135, 
125.12  subd. 4] 
125.13     Subd. 5.  [IMMEDIATE CUSTODY.] If it appears from the 
125.14  notarized petition or by sworn affidavit that there are 
125.15  reasonable grounds to believe the child is in surroundings or 
125.16  conditions which endanger the child's health, safety or welfare 
125.17  and require that the child's custody be immediately assumed by 
125.18  the court, the court may order, by endorsement upon the summons, 
125.19  that the officer serving the summons shall take the child into 
125.20  immediate custody.  [260.135, subd. 5] 
125.21     Sec. 10.  [260C.152] [SERVICE OF SUMMONS, NOTICE.] 
125.22     Subdivision 1.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
125.23  SERVICE.] The service of a summons or a notice in lieu of 
125.24  summons shall be as provided in the rules of juvenile 
125.25  procedure.  [260.141, subd. 1a] 
125.26     Subd. 2.  [SERVICE; FEES.] Service of summons, notice, or 
125.27  subpoena required by sections 260C.151 to 260C.307 shall be made 
125.28  by any suitable person under the direction of the court, and 
125.29  upon request of the court shall be made by a probation officer 
125.30  or any peace officer.  The fees and mileage of witnesses shall 
125.31  be paid by the county if the subpoena is issued by the court on 
125.32  its own motion or at the request of the county attorney.  All 
125.33  other fees shall be paid by the party requesting the subpoena 
125.34  unless otherwise ordered by the court.  [260.141, subd. 2] 
125.35     Subd. 3.  [NOTIFICATION.] In any proceeding regarding a 
125.36  child in need of protection or services in a state court, where 
126.1   the court knows or has reason to know that an Indian child is 
126.2   involved, the prosecuting authority seeking the foster care 
126.3   placement of, or termination of parental rights to an Indian 
126.4   child, shall notify the parent or Indian custodian and the 
126.5   Indian child's tribe of the pending proceedings and of their 
126.6   right of intervention.  The notice must be provided by 
126.7   registered mail with return receipt requested unless personal 
126.8   service is accomplished.  If the identity or location of the 
126.9   parent or Indian custodian and the tribe cannot be determined, 
126.10  the notice shall be given to the Secretary of the Interior of 
126.11  the United States in like manner, according to the Indian Child 
126.12  Welfare Act of 1978, United States Code, title 25, section 
126.13  1912.  No foster care placement proceeding or termination of 
126.14  parental rights proceeding shall be held until at least ten days 
126.15  after receipt of notice by the parent or Indian custodian and 
126.16  the tribe or the Secretary.  However, the parent or Indian 
126.17  custodian or the tribe shall, upon request, be granted up to 20 
126.18  additional days to prepare for the proceeding.  [260.141, subd. 
126.19  2a] 
126.20     Subd. 4.  [PROOF OF SERVICE.] Proof of the service required 
126.21  by this section shall be made by the person having knowledge 
126.22  thereof.  [260.141, subd. 3] 
126.23     Subd. 5.  [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 
126.24  AND RELATIVES.] The foster parents, if any, of a child and any 
126.25  preadoptive parent or relative providing care for the child must 
126.26  be provided notice of and an opportunity to be heard in any 
126.27  review or hearing to be held with respect to the child.  Any 
126.28  other relative may also request, and must be granted, a notice 
126.29  and the opportunity to be heard under this section.  This 
126.30  subdivision does not require that a foster parent, preadoptive 
126.31  parent, or relative providing care for the child be made a party 
126.32  to a review or hearing solely on the basis of the notice and 
126.33  opportunity to be heard.  [260.141, subd. 4] 
126.34     Sec. 11.  [260C.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 
126.35  CONTEMPT, ARREST.] 
126.36     If any person personally served with summons or subpoena 
127.1   fails, without reasonable cause, to appear or bring the child, 
127.2   or if the court has reason to believe the person is avoiding 
127.3   personal service, the person may be proceeded against for 
127.4   contempt of court or the court may issue a warrant for the 
127.5   person's arrest, or both.  In any case when it appears to the 
127.6   court that the service will be ineffectual, or that the welfare 
127.7   of the child requires that the child be brought forthwith into 
127.8   the custody of the court, the court may issue a warrant for 
127.9   immediate custody of the child.  [260.145 (omitting 
127.10  delinquency-related text)] 
127.11     Sec. 12.  [260C.157] [INVESTIGATION; PHYSICAL AND MENTAL 
127.12  EXAMINATION.] 
127.13     Subdivision 1.  [INVESTIGATION.] Upon request of the court 
127.14  the local social services agency or probation officer shall 
127.15  investigate the personal and family history and environment of 
127.16  any minor coming within the jurisdiction of the court under 
127.17  section 260C.101 and shall report its findings to the court.  
127.18  The court may order any minor coming within its jurisdiction to 
127.19  be examined by a duly qualified physician, psychiatrist, or 
127.20  psychologist appointed by the court. 
127.21     Adoption investigations shall be conducted in accordance 
127.22  with the laws relating to adoptions.  Any funds received under 
127.23  the provisions of this subdivision shall not cancel until the 
127.24  end of the fiscal year immediately following the fiscal year in 
127.25  which the funds were received.  The funds are available for use 
127.26  by the commissioner of corrections during that period and are 
127.27  hereby appropriated annually to the commissioner of corrections 
127.28  as reimbursement of the costs of providing these services to the 
127.29  juvenile courts.  [260.151, subd. 1 (omitting 
127.30  delinquency-related text)] 
127.31     Subd. 2.  [PETITION REQUIREMENT.] The court may proceed as 
127.32  described in subdivision 1 only after a petition has been 
127.33  filed.  [260.151, subd. 2 (omitting delinquency-related text)] 
127.34     Subd. 3.  [JUVENILE TREATMENT SCREENING TEAM.] (a) The 
127.35  local social services agency, at its option, may establish a 
127.36  juvenile treatment screening team to conduct screenings and 
128.1   prepare case plans under this subdivision.  The team, which may 
128.2   be the team constituted under section 245.4885 or 256B.092 or 
128.3   Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 
128.4   social workers, juvenile justice professionals, and persons with 
128.5   expertise in the treatment of juveniles who are emotionally 
128.6   disabled, chemically dependent, or have a developmental 
128.7   disability.  The team shall involve parents or guardians in the 
128.8   screening process as appropriate.  The team may be the same team 
128.9   as defined in section 260B.157, subdivision 3.  
128.10     (b) This paragraph applies only in counties that have 
128.11  established a juvenile treatment screening team under paragraph 
128.12  (a).  If the court, prior to, or as part of, a final 
128.13  disposition, proposes to place a child for the primary purpose 
128.14  of treatment for an emotional disturbance, a developmental 
128.15  disability, or chemical dependency in a residential treatment 
128.16  facility out of state or in one which is within the state and 
128.17  licensed by the commissioner of human services under chapter 
128.18  245A, the court shall notify the county welfare agency.  The 
128.19  county's juvenile treatment screening team must either:  (1) 
128.20  screen and evaluate the child and file its recommendations with 
128.21  the court within 14 days of receipt of the notice; or (2) elect 
128.22  not to screen a given case, and notify the court of that 
128.23  decision within three working days.  
128.24     (c) If the screening team has elected to screen and 
128.25  evaluate the child, the child may not be placed for the primary 
128.26  purpose of treatment for an emotional disturbance, a 
128.27  developmental disability, or chemical dependency, in a 
128.28  residential treatment facility out of state nor in a residential 
128.29  treatment facility within the state that is licensed under 
128.30  chapter 245A, unless one of the following conditions applies:  
128.31     (1) a treatment professional certifies that an emergency 
128.32  requires the placement of the child in a facility within the 
128.33  state; 
128.34     (2) the screening team has evaluated the child and 
128.35  recommended that a residential placement is necessary to meet 
128.36  the child's treatment needs and the safety needs of the 
129.1   community, that it is a cost-effective means of meeting the 
129.2   treatment needs, and that it will be of therapeutic value to the 
129.3   child; or 
129.4      (3) the court, having reviewed a screening team 
129.5   recommendation against placement, determines to the contrary 
129.6   that a residential placement is necessary.  The court shall 
129.7   state the reasons for its determination in writing, on the 
129.8   record, and shall respond specifically to the findings and 
129.9   recommendation of the screening team in explaining why the 
129.10  recommendation was rejected.  The attorney representing the 
129.11  child and the prosecuting attorney shall be afforded an 
129.12  opportunity to be heard on the matter.  [260.151, subd. 3] 
129.13     Sec. 13.  [260C.163] [HEARING.] 
129.14     Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
129.15  under section 260C.425, hearings on any matter shall be without 
129.16  a jury and may be conducted in an informal manner.  In all 
129.17  adjudicatory proceedings involving a child alleged to be in need 
129.18  of protection or services, the court shall admit only evidence 
129.19  that would be admissible in a civil trial.  To be proved at 
129.20  trial, allegations of a petition alleging a child to be in need 
129.21  of protection or services must be proved by clear and convincing 
129.22  evidence. 
129.23     (b) Except for proceedings involving a child alleged to be 
129.24  in need of protection or services and petitions for the 
129.25  termination of parental rights, hearings may be continued or 
129.26  adjourned from time to time.  In proceedings involving a child 
129.27  alleged to be in need of protection or services and petitions 
129.28  for the termination of parental rights, hearings may not be 
129.29  continued or adjourned for more than one week unless the court 
129.30  makes specific findings that the continuance or adjournment is 
129.31  in the best interests of the child.  If a hearing is held on a 
129.32  petition involving physical or sexual abuse of a child who is 
129.33  alleged to be in need of protection or services or neglected and 
129.34  in foster care, the court shall file the decision with the court 
129.35  administrator as soon as possible but no later than 15 days 
129.36  after the matter is submitted to the court.  When a continuance 
130.1   or adjournment is ordered in any proceeding, the court may make 
130.2   any interim orders as it deems in the best interests of the 
130.3   minor in accordance with the provisions of sections 260C.001 to 
130.4   260C.421. 
130.5      (c) Except as otherwise provided in this paragraph, the 
130.6   court shall exclude the general public from hearings under this 
130.7   chapter and shall admit only those persons who, in the 
130.8   discretion of the court, have a direct interest in the case or 
130.9   in the work of the court.  
130.10     (d) Adoption hearings shall be conducted in accordance with 
130.11  the provisions of laws relating to adoptions.  [260.155, subd. 1 
130.12  (omitting delinquency-related text)] 
130.13     Subd. 2.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
130.14  who is the subject of a petition, and the parents, guardian, or 
130.15  legal custodian of the child have the right to participate in 
130.16  all proceedings on a petition.  Official tribal representatives 
130.17  have the right to participate in any proceeding that is subject 
130.18  to the Indian Child Welfare Act of 1978, United States Code, 
130.19  title 25, sections 1901 to 1963. 
130.20     Any grandparent of the child has a right to participate in 
130.21  the proceedings to the same extent as a parent, if the child has 
130.22  lived with the grandparent within the two years preceding the 
130.23  filing of the petition.  At the first hearing following the 
130.24  filing of a petition, the court shall ask whether the child has 
130.25  lived with a grandparent within the last two years, except that 
130.26  the court need not make this inquiry if the petition states that 
130.27  the child did not live with a grandparent during this time 
130.28  period.  Failure to notify a grandparent of the proceedings is 
130.29  not a jurisdictional defect. 
130.30     If, in a proceeding involving a child in need of protection 
130.31  or services, the local social service agency recommends transfer 
130.32  of permanent legal and physical custody to a relative, the 
130.33  relative has a right to participate as a party, and thereafter 
130.34  shall receive notice of any hearing in the proceedings.  
130.35  [260.155, subd. 1a] 
130.36     Subd. 3.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
131.1   guardian or custodian has the right to effective assistance of 
131.2   counsel in connection with a proceeding in juvenile court. 
131.3      (b) If they desire counsel but are unable to employ it, the 
131.4   court shall appoint counsel to represent the child or the 
131.5   parents or guardian in any case in which it feels that such an 
131.6   appointment is appropriate.  
131.7      (c) Counsel for the child shall not also act as the child's 
131.8   guardian ad litem.  
131.9      (d) In any proceeding where the subject of a petition for a 
131.10  child in need of protection or services is not represented by an 
131.11  attorney, the court shall determine the child's preferences 
131.12  regarding the proceedings, if the child is of suitable age to 
131.13  express a preference.  [260.155, subd. 2 (omitting 
131.14  delinquency-related text)] 
131.15     Subd. 4.  [COUNTY ATTORNEY.] Except in adoption 
131.16  proceedings, the county attorney shall present the evidence upon 
131.17  request of the court.  In representing the agency, the county 
131.18  attorney shall also have the responsibility for advancing the 
131.19  public interest in the welfare of the child.  [260.155, subd. 3] 
131.20     Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
131.21  a guardian ad litem to protect the interests of the minor when 
131.22  it appears, at any stage of the proceedings, that the minor is 
131.23  without a parent or guardian, or that the minor's parent is a 
131.24  minor or incompetent, or that the parent or guardian is 
131.25  indifferent or hostile to the minor's interests, and in every 
131.26  proceeding alleging a child's need for protection or services 
131.27  under section 260C.007, subdivision 4.  In any other case the 
131.28  court may appoint a guardian ad litem to protect the interests 
131.29  of the minor when the court feels that such an appointment is 
131.30  desirable.  The court shall appoint the guardian ad litem on its 
131.31  own motion or in the manner provided for the appointment of a 
131.32  guardian ad litem in the district court.  The court may appoint 
131.33  separate counsel for the guardian ad litem if necessary.  
131.34     (b) A guardian ad litem shall carry out the following 
131.35  responsibilities: 
131.36     (1) conduct an independent investigation to determine the 
132.1   facts relevant to the situation of the child and the family, 
132.2   which must include, unless specifically excluded by the court, 
132.3   reviewing relevant documents; meeting with and observing the 
132.4   child in the home setting and considering the child's wishes, as 
132.5   appropriate; and interviewing parents, caregivers, and others 
132.6   with knowledge relevant to the case; 
132.7      (2) advocate for the child's best interests by 
132.8   participating in appropriate aspects of the case and advocating 
132.9   for appropriate community services when necessary; 
132.10     (3) maintain the confidentiality of information related to 
132.11  a case, with the exception of sharing information as permitted 
132.12  by law to promote cooperative solutions that are in the best 
132.13  interests of the child; 
132.14     (4) monitor the child's best interests throughout the 
132.15  judicial proceeding; and 
132.16     (5) present written reports on the child's best interests 
132.17  that include conclusions and recommendations and the facts upon 
132.18  which they are based. 
132.19     (c) The court may waive the appointment of a guardian ad 
132.20  litem pursuant to clause (a), whenever counsel has been 
132.21  appointed pursuant to subdivision 2 or is retained otherwise, 
132.22  and the court is satisfied that the interests of the minor are 
132.23  protected. 
132.24     (d) In appointing a guardian ad litem pursuant to clause 
132.25  (a), the court shall not appoint the party, or any agent or 
132.26  employee thereof, filing a petition pursuant to section 260C.141.
132.27     (e) The following factors shall be considered when 
132.28  appointing a guardian ad litem in a case involving an Indian or 
132.29  minority child: 
132.30     (1) whether a person is available who is the same racial or 
132.31  ethnic heritage as the child or, if that is not possible; 
132.32     (2) whether a person is available who knows and appreciates 
132.33  the child's racial or ethnic heritage.  [260.155, subd. 4] 
132.34     Subd. 6.  [EXAMINATION OF CHILD.] In any child in need of 
132.35  protection or services proceeding, neglected and in foster care, 
132.36  or termination of parental rights proceeding the court may, on 
133.1   its own motion or the motion of any party, take the testimony of 
133.2   a child witness informally when it is in the child's best 
133.3   interests to do so.  Informal procedures that may be used by the 
133.4   court include taking the testimony of a child witness outside 
133.5   the courtroom.  The court may also require counsel for any party 
133.6   to the proceeding to submit questions to the court before the 
133.7   child's testimony is taken, and to submit additional questions 
133.8   to the court for the witness after questioning has been 
133.9   completed.  The court may excuse the presence of the child's 
133.10  parent, guardian, or custodian from the room where the child is 
133.11  questioned in accordance with subdivision 7.  [260.155, subd. 
133.12  4a] 
133.13     Subd. 7.  [WAIVING THE PRESENCE OF CHILD, PARENT.] The 
133.14  court may waive the presence of the minor in court at any stage 
133.15  of the proceedings when it is in the best interests of the minor 
133.16  to do so.  In any proceeding, the court may temporarily excuse 
133.17  the presence of the parent or guardian of a minor from the 
133.18  hearing when it is in the best interests of the minor to do so.  
133.19  The attorney or guardian ad litem, if any, has the right to 
133.20  continue to participate in proceedings during the absence of the 
133.21  minor, parent, or guardian.  [260.155, subd. 5 (omitting 
133.22  delinquency-related text)] 
133.23     Subd. 8.  [RIGHTS OF THE PARTIES AT THE HEARING.] The minor 
133.24  and the minor's parent, guardian, or custodian are entitled to 
133.25  be heard, to present evidence material to the case, and to cross 
133.26  examine witnesses appearing at the hearing.  [260.155, subd. 6] 
133.27     Subd. 9.  [FACTORS IN DETERMINING NEGLECT.] In determining 
133.28  whether a child is neglected and in foster care, the court shall 
133.29  consider, among other factors, the following: 
133.30     (1) the length of time the child has been in foster care; 
133.31     (2) the effort the parent has made to adjust circumstances, 
133.32  conduct, or condition that necessitates the removal of the child 
133.33  to make it in the child's best interest to be returned to the 
133.34  parent's home in the foreseeable future, including the use of 
133.35  rehabilitative services offered to the parent; 
133.36     (3) whether the parent has visited the child within the 
134.1   three months preceding the filing of the petition, unless 
134.2   extreme financial or physical hardship or treatment for mental 
134.3   disability or chemical dependency or other good cause prevented 
134.4   the parent from visiting the child or it was not in the best 
134.5   interests of the child to be visited by the parent; 
134.6      (4) the maintenance of regular contact or communication 
134.7   with the agency or person temporarily responsible for the child; 
134.8      (5) the appropriateness and adequacy of services provided 
134.9   or offered to the parent to facilitate a reunion; 
134.10     (6) whether additional services would be likely to bring 
134.11  about lasting parental adjustment enabling a return of the child 
134.12  to the parent within an ascertainable period of time, whether 
134.13  the services have been offered to the parent, or, if services 
134.14  were not offered, the reasons they were not offered; and 
134.15     (7) the nature of the efforts made by the responsible 
134.16  social service agency to rehabilitate and reunite the family, 
134.17  and whether the efforts were reasonable.  [260.155, subd. 7] 
134.18     Subd. 10.  [WAIVER.] (a) Waiver of any right which a child 
134.19  has under this chapter must be an express waiver voluntarily and 
134.20  intelligently made by the child after the child has been fully 
134.21  and effectively informed of the right being waived.  If a child 
134.22  is not represented by counsel, any waiver must be given or any 
134.23  objection must be offered by the child's guardian ad litem. 
134.24     (b) Waiver of a child's right to be represented by counsel 
134.25  provided under the juvenile court rules must be an express 
134.26  waiver voluntarily and intelligently made by the child after the 
134.27  child has been fully and effectively informed of the right being 
134.28  waived.  In determining whether a child has voluntarily and 
134.29  intelligently waived the right to counsel, the court shall look 
134.30  to the totality of the circumstances which includes but is not 
134.31  limited to the child's age, maturity, intelligence, education, 
134.32  experience, and ability to comprehend, and the presence and 
134.33  competence of the child's parents, guardian, or guardian ad 
134.34  litem.  If the court accepts the child's waiver, it shall state 
134.35  on the record the findings and conclusions that form the basis 
134.36  for its decision to accept the waiver.  [260.155, subd. 8] 
135.1      Subd. 11.  [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 
135.2   NEGLECT.] A child's absence from school is presumed to be due to 
135.3   the parent's, guardian's, or custodian's failure to comply with 
135.4   compulsory instruction laws if the child is under 12 years old 
135.5   and the school has made appropriate efforts to resolve the 
135.6   child's attendance problems; this presumption may be rebutted 
135.7   based on a showing by clear and convincing evidence that the 
135.8   child is habitually truant.  A child's absence from school 
135.9   without lawful excuse, when the child is 12 years old or older, 
135.10  is presumed to be due to the child's intent to be absent from 
135.11  school; this presumption may be rebutted based on a showing by 
135.12  clear and convincing evidence that the child's absence is due to 
135.13  the failure of the child's parent, guardian, or custodian to 
135.14  comply with compulsory instruction laws, sections 120.101 and 
135.15  120.102.  [260.15, subd. 9] 
135.16     Sec. 14.  [260C.165] [CERTAIN OUT-OF-COURT STATEMENTS 
135.17  ADMISSIBLE.] 
135.18     An out-of-court statement not otherwise admissible by 
135.19  statute or rule of evidence, is admissible in evidence in any 
135.20  child in need of protection or services, neglected and in foster 
135.21  care, or domestic child abuse proceeding or any proceeding for 
135.22  termination of parental rights if:  
135.23     (a) the statement was made by a child under the age of ten 
135.24  years or by a child ten years of age or older who is mentally 
135.25  impaired, as defined in section 609.341, subdivision 6; 
135.26     (b) the statement alleges, explains, denies, or describes: 
135.27     (1) any act of sexual penetration or contact performed with 
135.28  or on the child; 
135.29     (2) any act of sexual penetration or contact with or on 
135.30  another child observed by the child making the statement; 
135.31     (3) any act of physical abuse or neglect of the child by 
135.32  another; or 
135.33     (4) any act of physical abuse or neglect of another child 
135.34  observed by the child making the statement; 
135.35     (c) the court finds that the time, content, and 
135.36  circumstances of the statement and the reliability of the person 
136.1   to whom the statement is made provide sufficient indicia of 
136.2   reliability; and 
136.3      (d) the proponent of the statement notifies other parties 
136.4   of an intent to offer the statement and the particulars of the 
136.5   statement sufficiently in advance of the proceeding at which the 
136.6   proponent intends to offer the statement into evidence, to 
136.7   provide the parties with a fair opportunity to meet the 
136.8   statement.  
136.9      For purposes of this section, an out-of-court statement 
136.10  includes a video, audio, or other recorded statement.  [260.156] 
136.11     Sec. 15.  [260C.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 
136.12  ACT.] 
136.13     The provisions of this chapter must be construed 
136.14  consistently with the Indian Child Welfare Act of 1978, United 
136.15  States Code, title 25, sections 1901 to 1963.  [260.157] 
136.16     Sec. 16.  [260C.171] [RECORDS.] 
136.17     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] The juvenile 
136.18  court judge shall keep such minutes and in such manner as the 
136.19  court deems necessary and proper.  The juvenile court shall 
136.20  provide, upon the request of any other juvenile court, copies of 
136.21  the records concerning adjudications involving the particular 
136.22  child. 
136.23     The court shall also keep an index in which files 
136.24  pertaining to juvenile matters shall be indexed under the name 
136.25  of the child.  After the name of each file shall be shown the 
136.26  file number and, if ordered by the court, the book and page of 
136.27  the register in which the documents pertaining to such file are 
136.28  listed.  The court shall also keep a register properly indexed 
136.29  in which shall be listed under the name of the child all 
136.30  documents filed pertaining to the child and in the order filed.  
136.31  The list shall show the name of the document and the date of 
136.32  filing thereof.  The juvenile court legal records shall be 
136.33  deposited in files and shall include the petition, summons, 
136.34  notice, findings, orders, decrees, judgments, and motions and 
136.35  such other matters as the court deems necessary and proper.  
136.36  Unless otherwise provided by law, all court records shall be 
137.1   open at all reasonable times to the inspection of any child to 
137.2   whom the records relate, and to the child's parent and guardian. 
137.3   [260.161, subd. 1 (omitting delinquency-related text)] 
137.4      Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] (a) The following 
137.5   records from proceedings or portions of proceedings involving a 
137.6   child in need of protection or services that are open to the 
137.7   public as authorized by supreme court order and court rules are 
137.8   accessible to the public unless the court determines that access 
137.9   should be restricted because of the intensely personal nature of 
137.10  the information: 
137.11     (1) the summons and petition; 
137.12     (2) affidavits of publication and service; 
137.13     (3) certificates of representation; 
137.14     (4) court orders; 
137.15     (5) hearing and trial notices, witness lists, and 
137.16  subpoenas; 
137.17     (6) motions and legal memoranda; 
137.18     (7) exhibits introduced at hearings or trial that are not 
137.19  inaccessible under paragraph (b); 
137.20     (8) birth certificates; and 
137.21     (9) all other documents not listed as inaccessible to the 
137.22  public under paragraph (b). 
137.23     (b) The following records are not accessible to the public 
137.24  under paragraph (a): 
137.25     (1) written, audiotaped, or videotaped information from the 
137.26  social service agency, except to the extent the information 
137.27  appears in the petition, court orders, or other documents that 
137.28  are accessible under paragraph (a); 
137.29     (2) child protection intake or screening notes; 
137.30     (3) documents identifying reporters of maltreatment, unless 
137.31  the names and other identifying information are redacted; 
137.32     (4) guardian ad litem reports; 
137.33     (5) victim statements and addresses and telephone numbers; 
137.34     (6) documents identifying nonparty witnesses under the age 
137.35  of 18, unless the names and other identifying information are 
137.36  redacted; 
138.1      (7) transcripts of testimony taken during closed hearing; 
138.2      (8) fingerprinting materials; 
138.3      (9) psychological, psychiatric, and chemical dependency 
138.4   evaluations; 
138.5      (10) presentence evaluations of juveniles and probation 
138.6   reports; 
138.7      (11) medical records and test results; 
138.8      (12) reports issued by sexual predator programs; 
138.9      (13) diversion records of juveniles; 
138.10     (14) any document which the court, upon its own motion or 
138.11  upon motion of a party, orders inaccessible to serve the best 
138.12  interests of the child; and 
138.13     (15) any other records that are not accessible to the 
138.14  public under rules developed by the courts. 
138.15     In addition, records that are accessible to the public 
138.16  under paragraph (a) become inaccessible to the public if one 
138.17  year has elapsed since either the proceeding was dismissed or 
138.18  the court's jurisdiction over the matter was terminated. 
138.19     (c) Except as otherwise provided by this section, none of 
138.20  the records of the juvenile court and none of the records 
138.21  relating to an appeal from a nonpublic juvenile court 
138.22  proceeding, except the written appellate opinion, shall be open 
138.23  to public inspection or their contents disclosed except by order 
138.24  of a court.  
138.25     (d) The records of juvenile probation officers are records 
138.26  of the court for the purposes of this subdivision.  This 
138.27  subdivision applies to all proceedings under this chapter, 
138.28  including appeals from orders of the juvenile court.  The court 
138.29  shall maintain the confidentiality of adoption files and records 
138.30  in accordance with the provisions of laws relating to 
138.31  adoptions.  In juvenile court proceedings any report or social 
138.32  history furnished to the court shall be open to inspection by 
138.33  the attorneys of record and the guardian ad litem a reasonable 
138.34  time before it is used in connection with any proceeding before 
138.35  the court. 
138.36     (e) When a judge of a juvenile court, or duly authorized 
139.1   agent of the court, determines under a proceeding under this 
139.2   chapter that a child has violated a state or local law, 
139.3   ordinance, or regulation pertaining to the operation of a motor 
139.4   vehicle on streets and highways, except parking violations, the 
139.5   judge or agent shall immediately report the violation to the 
139.6   commissioner of public safety.  The report must be made on a 
139.7   form provided by the department of public safety and must 
139.8   contain the information required under section 169.95.  
139.9   [260.161, subd. 2 (omitting delinquency-related text)] 
139.10     Subd. 3.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
139.11  representing a child, parent, or guardian ad litem in a 
139.12  proceeding under this chapter shall be given access to records, 
139.13  local social service agency files, and reports which form the 
139.14  basis of any recommendation made to the court.  An attorney does 
139.15  not have access under this subdivision to the identity of a 
139.16  person who made a report under section 626.556.  The court may 
139.17  issue protective orders to prohibit an attorney from sharing a 
139.18  specified record or portion of a record with a client other than 
139.19  a guardian ad litem.  [260.161, subd. 3a] 
139.20     Subd. 4.  [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 
139.21  PROTECTION OR SERVICES.] In a county in which the county 
139.22  attorney refers children who are in need of protection or 
139.23  services to community programs, the county attorney may provide 
139.24  a community program with data on a child who is a participant or 
139.25  being considered for participation in the program.  [260.161, 
139.26  subd. 3b] 
139.27     Subd. 5.  [FURTHER RELEASE OF RECORDS.] A person who 
139.28  receives access to juvenile court or peace officer records of 
139.29  children that are not accessible to the public may not release 
139.30  or disclose the records to any other person except as authorized 
139.31  by law.  This subdivision does not apply to the child who is the 
139.32  subject of the records or the child's parent or guardian.  
139.33  [260.161, subd. 5] 
139.34     Sec. 17.  [260C.175] [TAKING CHILD INTO CUSTODY.] 
139.35     Subdivision 1.  [IMMEDIATE CUSTODY.] No child may be taken 
139.36  into immediate custody except: 
140.1      (a) with an order issued by the court in accordance with 
140.2   the provisions of section 260C.151, subdivision 5, or Laws 1997, 
140.3   chapter 239, article 10, section 10, paragraph (a), clause (3), 
140.4   or 12, paragraph (a), clause (3), or by a warrant issued in 
140.5   accordance with the provisions of section 260C.154; 
140.6      (b) by a peace officer: 
140.7      (1) when a child has run away from a parent, guardian, or 
140.8   custodian, or when the peace officer reasonably believes the 
140.9   child has run away from a parent, guardian, or custodian; or 
140.10     (2) when a child is found in surroundings or conditions 
140.11  which endanger the child's health or welfare or which such peace 
140.12  officer reasonably believes will endanger the child's health or 
140.13  welfare.  If an Indian child is a resident of a reservation or 
140.14  is domiciled on a reservation but temporarily located off the 
140.15  reservation, the taking of the child into custody under this 
140.16  clause shall be consistent with the Indian Child Welfare Act of 
140.17  1978, United States Code, title 25, section 1922; 
140.18     (c) by a peace officer or probation or parole officer when 
140.19  it is reasonably believed that the child has violated the terms 
140.20  of probation, parole, or other field supervision; or 
140.21     (d) by a peace officer or probation officer under section 
140.22  260C.143, subdivision 1 or 4.  [260.165, subd. 1 (omitting 
140.23  delinquency-related text)] 
140.24     Subd. 2.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
140.25  officer takes a child into custody for shelter care or relative 
140.26  placement pursuant to subdivision 1; section 260C.151, 
140.27  subdivision 5; or section 260C.154, the officer shall notify the 
140.28  parent or custodian that under section 260C.181, subdivision 2, 
140.29  the parent or custodian may request that the child be placed 
140.30  with a relative or a designated caregiver under chapter 257A 
140.31  instead of in a shelter care facility.  The officer also shall 
140.32  give the parent or custodian of the child a list of names, 
140.33  addresses, and telephone numbers of social service agencies that 
140.34  offer child welfare services.  If the parent or custodian was 
140.35  not present when the child was removed from the residence, the 
140.36  list shall be left with an adult on the premises or left in a 
141.1   conspicuous place on the premises if no adult is present.  If 
141.2   the officer has reason to believe the parent or custodian is not 
141.3   able to read and understand English, the officer must provide a 
141.4   list that is written in the language of the parent or 
141.5   custodian.  The list shall be prepared by the commissioner of 
141.6   human services.  The commissioner shall prepare lists for each 
141.7   county and provide each county with copies of the list without 
141.8   charge.  The list shall be reviewed annually by the commissioner 
141.9   and updated if it is no longer accurate.  Neither the 
141.10  commissioner nor any peace officer or the officer's employer 
141.11  shall be liable to any person for mistakes or omissions in the 
141.12  list.  The list does not constitute a promise that any agency 
141.13  listed will in fact assist the parent or custodian.  [260.165, 
141.14  subd. 3] 
141.15     Subd. 3.  [PROTECTIVE PAT-DOWN SEARCH OF CHILD 
141.16  AUTHORIZED.] (a) A peace officer who takes a child of any age or 
141.17  gender into custody under the provisions of this section is 
141.18  authorized to perform a protective pat-down search of the child 
141.19  in order to protect the officer's safety.  
141.20     (b) A peace officer also may perform a protective pat-down 
141.21  search of a child in order to protect the officer's safety in 
141.22  circumstances where the officer does not intend to take the 
141.23  child into custody, if this section authorizes the officer to 
141.24  take the child into custody.  
141.25     (c) Evidence discovered in the course of a lawful search 
141.26  under this section is admissible.  [260.165, subd. 2a] 
141.27     Sec. 18.  [260C.176] [RELEASE OR DETENTION.] 
141.28     Subdivision 1.  [NOTICE; RELEASE.] If a child is taken into 
141.29  custody as provided in section 260C.175, the parent, guardian, 
141.30  or custodian of the child shall be notified as soon as possible. 
141.31  Unless there is reason to believe that the child would endanger 
141.32  self or others, not return for a court hearing, run away from 
141.33  the child's parent, guardian, or custodian or otherwise not 
141.34  remain in the care or control of the person to whose lawful 
141.35  custody the child is released, or that the child's health or 
141.36  welfare would be immediately endangered, the child shall be 
142.1   released to the custody of a parent, guardian, custodian, or 
142.2   other suitable person.  When a child is taken into custody by a 
142.3   peace officer under section 260C.175, subdivision 1, clause 
142.4   (c)(2), release from detention may be authorized by the 
142.5   detaining officer, the detaining officer's supervisor, or the 
142.6   county attorney.  If the social service agency has determined 
142.7   that the child's health or welfare will not be endangered and 
142.8   the provision of appropriate and available services will 
142.9   eliminate the need for placement, the agency shall request 
142.10  authorization for the child's release from detention.  The 
142.11  person to whom the child is released shall promise to bring the 
142.12  child to the court, if necessary, at the time the court may 
142.13  direct.  If the person taking the child into custody believes it 
142.14  desirable, that person may request the parent, guardian, 
142.15  custodian, or other person designated by the court to sign a 
142.16  written promise to bring the child to court as provided above.  
142.17  The intentional violation of such a promise, whether given 
142.18  orally or in writing, shall be punishable as contempt of court. 
142.19     The court may require the parent, guardian, custodian, or 
142.20  other person to whom the child is released, to post any 
142.21  reasonable bail or bond required by the court which shall be 
142.22  forfeited to the court if the child does not appear as 
142.23  directed.  The court may also release the child on the child's 
142.24  own promise to appear in juvenile court.  [260.171, subd. 1] 
142.25     Subd. 2.  [REASONS FOR DETENTION.] (a) If the child is not 
142.26  released as provided in subdivision 1, the person taking the 
142.27  child into custody shall notify the court as soon as possible of 
142.28  the detention of the child and the reasons for detention.  
142.29     (b) No child taken into custody and placed in a shelter 
142.30  care facility or relative's home by a peace officer pursuant to 
142.31  section 260C.175, subdivision 1, clause (a) or (c)(2), may be 
142.32  held in custody longer than 72 hours, excluding Saturdays, 
142.33  Sundays and holidays, unless a petition has been filed and the 
142.34  judge or referee determines pursuant to section 260C.178 that 
142.35  the child shall remain in custody or unless the court has made a 
142.36  finding of domestic abuse perpetrated by a minor after a hearing 
143.1   under Laws 1997, chapter 239, article 10, sections 2 to 26, in 
143.2   which case the court may extend the period of detention for an 
143.3   additional seven days, within which time the social service 
143.4   agency shall conduct an assessment and shall provide 
143.5   recommendations to the court regarding voluntary services or 
143.6   file a child in need of protection or services petition.  
143.7   [260.171, subd. 2 (omitting delinquency-related text)] 
143.8      Subd. 3.  [ADVISEMENT IF DETAINED.] If the person who has 
143.9   taken the child into custody determines that the child should be 
143.10  placed in a secure detention facility or a shelter care 
143.11  facility, that person shall advise the child and as soon as is 
143.12  possible, the child's parent, guardian, or custodian: 
143.13     (a) of the reasons why the child has been taken into 
143.14  custody and why the child is being placed in a juvenile secure 
143.15  detention facility or a shelter care facility; 
143.16     (b) of the location of the juvenile secure detention 
143.17  facility or a shelter care facility.  If there is reason to 
143.18  believe that disclosure of the location of the shelter care 
143.19  facility would place the child's health and welfare in immediate 
143.20  endangerment, disclosure of the location of the shelter care 
143.21  facility shall not be made; 
143.22     (c) that the child's parent, guardian, or custodian and 
143.23  attorney or guardian ad litem may make an initial visit to the 
143.24  juvenile secure detention facility or shelter care facility at 
143.25  any time.  Subsequent visits by a parent, guardian, or custodian 
143.26  may be made on a reasonable basis during visiting hours and by 
143.27  the child's attorney or guardian ad litem at reasonable hours; 
143.28     (d) that the child may telephone parents and an attorney or 
143.29  guardian ad litem from the juvenile secure detention facility or 
143.30  shelter care facility immediately after being admitted to the 
143.31  facility and thereafter on a reasonable basis to be determined 
143.32  by the director of the facility; 
143.33     (e) that the child may not be detained pursuant to section 
143.34  260C.175, subdivision 1, clause (a) or (c)(2), at a shelter care 
143.35  facility longer than 72 hours, excluding Saturdays, Sundays, and 
143.36  holidays, unless a petition has been filed within that time and 
144.1   the court orders the child's continued detention, pursuant to 
144.2   section 260C.178; 
144.3      (f) of the date, time, and place of the detention hearing, 
144.4   if this information is available to the person who has taken the 
144.5   child into custody; and 
144.6      (g) that the child and the child's parent, guardian, or 
144.7   custodian have the right to be present and to be represented by 
144.8   counsel at the detention hearing, and that if they cannot afford 
144.9   counsel, counsel will be appointed at public expense for the 
144.10  child, or for any party, if it is a child in need of protection 
144.11  or services, neglected and in foster care, or termination of 
144.12  parental rights matter.  [260.171, subd. 4 (omitting 
144.13  delinquency-related text)] 
144.14     Subd. 4.  [TRANSPORTATION.] If a child is to be detained in 
144.15  a secure detention facility or a shelter care facility, the 
144.16  child shall be promptly transported to the facility in a manner 
144.17  approved by the facility or by securing a written transportation 
144.18  order from the court authorizing transportation by the sheriff 
144.19  or other qualified person.  The person who has determined that 
144.20  the child should be detained shall deliver to the court and the 
144.21  supervisor of the secure detention facility or shelter care 
144.22  facility where the child is placed, a signed report, setting 
144.23  forth: 
144.24     (a) the time the child was taken into custody; 
144.25     (b) the time the child was delivered for transportation to 
144.26  the secure detention facility or shelter care facility; 
144.27     (c) the reasons why the child was taken into custody; 
144.28     (d) the reasons why the child has been placed in detention; 
144.29     (e) a statement that the child and the child's parent have 
144.30  received the notification required by subdivision 3 or the 
144.31  reasons why they have not been so notified; and 
144.32     (f) any instructions required by subdivision 5.  [260.171, 
144.33  subd. 5 (omitting delinquency-related text)] 
144.34     Subd. 5.  [SHELTER CARE; NOTICE TO PARENT.] When a child is 
144.35  to be placed in a shelter care facility the person taking the 
144.36  child into custody or the court shall determine whether or not 
145.1   there is reason to believe that disclosure of the shelter care 
145.2   facility's location to the child's parent, guardian, or 
145.3   custodian would immediately endanger the health and welfare of 
145.4   the child.  If there is reason to believe that the child's 
145.5   health and welfare would be immediately endangered, disclosure 
145.6   of the location shall not be made.  This determination shall be 
145.7   included in the report required by subdivision 4, along with 
145.8   instructions to the shelter care facility to notify or withhold 
145.9   notification.  [260.171, subd. 5a] 
145.10     Subd. 6.  [REPORT.] (a) When a child has been delivered to 
145.11  a secure detention facility, the supervisor of the facility 
145.12  shall deliver to the court a signed report acknowledging receipt 
145.13  of the child stating the time of the child's arrival.  The 
145.14  supervisor of the facility shall ascertain from the report of 
145.15  the person who has taken the child into custody whether the 
145.16  child and a parent, guardian, or custodian has received the 
145.17  notification required by subdivision 3.  If the child or a 
145.18  parent, guardian, or custodian, or both, have not been so 
145.19  notified, the supervisor of the facility shall immediately make 
145.20  the notification, and shall include in the report to the court a 
145.21  statement that notification has been received or the reasons why 
145.22  it has not. 
145.23     (b) When a child has been delivered to a shelter care 
145.24  facility, the supervisor of the facility shall deliver to the 
145.25  court a signed report acknowledging receipt of the child stating 
145.26  the time of the child's arrival.  The supervisor of the facility 
145.27  shall ascertain from the report of the person who has taken the 
145.28  child into custody whether the child's parent, guardian or 
145.29  custodian has been notified of the placement of the child at the 
145.30  shelter care facility and its location, and the supervisor shall 
145.31  follow any instructions concerning notification contained in 
145.32  that report.  [260.171, subd. 6] 
145.33     Sec. 19.  [260C.178] [DETENTION HEARING.] 
145.34     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
145.35  a child was taken into custody under section 260C.175, 
145.36  subdivision 1, clause (a) or (b)(2), the court shall hold a 
146.1   hearing within 72 hours of the time the child was taken into 
146.2   custody, excluding Saturdays, Sundays, and holidays, to 
146.3   determine whether the child should continue in custody.  
146.4      (b) Unless there is reason to believe that the child would 
146.5   endanger self or others, not return for a court hearing, run 
146.6   away from the child's parent, guardian, or custodian or 
146.7   otherwise not remain in the care or control of the person to 
146.8   whose lawful custody the child is released, or that the child's 
146.9   health or welfare would be immediately endangered, the child 
146.10  shall be released to the custody of a parent, guardian, 
146.11  custodian, or other suitable person, subject to reasonable 
146.12  conditions of release including, but not limited to, a 
146.13  requirement that the child undergo a chemical use assessment as 
146.14  provided in section 260C.157, subdivision 1.  In determining 
146.15  whether the child's health or welfare would be immediately 
146.16  endangered, the court shall consider whether the child would 
146.17  reside with a perpetrator of domestic child abuse.  In a 
146.18  proceeding regarding a child in need of protection or services, 
146.19  the court, before determining whether a child should continue in 
146.20  custody, shall also make a determination, consistent with 
146.21  section 260.012 as to whether reasonable efforts, or in the case 
146.22  of an Indian child, active efforts, according to the Indian 
146.23  Child Welfare Act of 1978, United States Code, title 25, section 
146.24  1912(d), were made to prevent placement or to reunite the child 
146.25  with the child's family, or that reasonable efforts were not 
146.26  possible.  The court shall also determine whether there are 
146.27  available services that would prevent the need for further 
146.28  detention. 
146.29     If the court finds the social services agency's preventive 
146.30  or reunification efforts have not been reasonable but further 
146.31  preventive or reunification efforts could not permit the child 
146.32  to safely remain at home, the court may nevertheless authorize 
146.33  or continue the removal of the child. 
146.34     The court may determine at the detention hearing, or at any 
146.35  time prior to an adjudicatory hearing, that reasonable efforts 
146.36  are not required because the facts, if proved, will demonstrate 
147.1   that the parent has subjected the child to egregious harm as 
147.2   defined in section 260C.007, subdivision 25, or the parental 
147.3   rights of the parent to a sibling of the child have been 
147.4   terminated involuntarily.  [260.172, subd. 1 (omitting 
147.5   delinquency-related text)] 
147.6      Subd. 2.  [DURATION.] If the court determines that the 
147.7   child should continue in detention, it may order detention 
147.8   continued for eight days, excluding Saturdays, Sundays and 
147.9   holidays, from and including the date of the order.  The court 
147.10  shall include in its order the reasons for continued detention 
147.11  and the findings of fact which support these reasons.  [260.172, 
147.12  subd. 2 (omitting delinquency-related text)] 
147.13     Subd. 3.  [PARENTAL VISITATION.] If a child has been taken 
147.14  into custody under section 260C.151, subdivision 5, or 260C.175, 
147.15  subdivision 1, clause (c)(2), and the court determines that the 
147.16  child should continue in detention, the court shall include in 
147.17  its order reasonable rules for supervised or unsupervised 
147.18  parental visitation of the child in the shelter care facility 
147.19  unless it finds that visitation would endanger the child's 
147.20  physical or emotional well-being.  [260.172, subd. 2a] 
147.21     Subd. 4.  [MENTAL HEALTH TREATMENT.] (a) Except as provided 
147.22  in paragraph (b), a child who is held in detention as an alleged 
147.23  victim of child abuse as defined in section 630.36, subdivision 
147.24  2, may not be given mental health treatment specifically for the 
147.25  effects of the alleged abuse until the court finds that there is 
147.26  probable cause to believe the abuse has occurred. 
147.27     (b) A child described in paragraph (a) may be given mental 
147.28  health treatment prior to a probable cause finding of child 
147.29  abuse if the treatment is either agreed to by the child's parent 
147.30  or guardian in writing, or ordered by the court according to the 
147.31  standard contained in section 260C.201, subdivision 1.  
147.32  [260.172, subd. 2b] 
147.33     Subd. 5.  [COPIES OF ORDER.] Copies of the court's order 
147.34  shall be served upon the parties, including the supervisor of 
147.35  the detention facility, who shall release the child or continue 
147.36  to hold the child as the court orders. 
148.1      When the court's order is served upon these parties, notice 
148.2   shall also be given to the parties of the subsequent reviews 
148.3   provided by subdivision 6.  The notice shall also inform each 
148.4   party of the right to submit to the court for informal review 
148.5   any new evidence regarding whether the child should be continued 
148.6   in detention and to request a hearing to present the evidence to 
148.7   the court.  [260.172, subd. 3] 
148.8      Subd. 6.  [REVIEW.] If a child held in detention under a 
148.9   court order issued under subdivision 2 has not been released 
148.10  prior to expiration of the order, the court or referee shall 
148.11  informally review the child's case file to determine, under the 
148.12  standards provided by subdivision 1, whether detention should be 
148.13  continued.  If detention is continued thereafter, informal 
148.14  reviews such as these shall be held within every eight days, 
148.15  excluding Saturdays, Sundays and holidays, of the child's 
148.16  detention. 
148.17     A hearing, rather than an informal review of the child's 
148.18  case file, shall be held at the request of any one of the 
148.19  parties notified pursuant to subdivision 5, if that party 
148.20  notifies the court of a wish to present to the court new 
148.21  evidence concerning whether the child should be continued in 
148.22  detention or notifies the court of a wish to present an 
148.23  alternate placement arrangement to provide for the safety and 
148.24  protection of the child. 
148.25     In addition, if a child was taken into detention under 
148.26  section 260C.151, subdivision 5, or 260C.175, subdivision 1, 
148.27  clause (c)(2), and is held in detention under a court order 
148.28  issued under subdivision 2, the court shall schedule and hold an 
148.29  adjudicatory hearing on the petition within 60 days of the 
148.30  detention hearing upon the request of any party to the 
148.31  proceeding.  However, if good cause is shown by a party to the 
148.32  proceeding why the hearing should not be held within that time 
148.33  period, the hearing shall be held within 90 days, unless the 
148.34  parties agree otherwise and the court so orders.  [260.172, 
148.35  subd. 4] 
148.36     Sec. 20.  [260C.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 
149.1   CARE FACILITY.] 
149.2      Subdivision 1.  [TEMPORARY CUSTODY.] A child taken into 
149.3   custody pursuant to section 260C.175 may be detained for up to 
149.4   24 hours in a shelter care facility, secure detention facility, 
149.5   or, if there is no secure detention facility available for use 
149.6   by the county having jurisdiction over the child, in a jail or 
149.7   other facility for the confinement of adults who have been 
149.8   charged with or convicted of a crime in quarters separate from 
149.9   any adult confined in the facility which has been approved for 
149.10  the detention of juveniles by the commissioner of corrections.  
149.11  At the end of the 24 hour detention any child requiring further 
149.12  detention may be detained only as provided in this section.  
149.13  [260.173, subd. 1] 
149.14     Subd. 2.  [LEAST RESTRICTIVE SETTING.] Notwithstanding the 
149.15  provisions of subdivision 1, if the child had been taken into 
149.16  custody pursuant to section 260C.175, subdivision 1, clause (a) 
149.17  or clause (c)(2), and is not alleged to be delinquent, the child 
149.18  shall be detained in the least restrictive setting consistent 
149.19  with the child's health and welfare and in closest proximity to 
149.20  the child's family as possible.  Placement may be with a child's 
149.21  relative, a designated caregiver under chapter 257A, or in a 
149.22  shelter care facility.  The placing officer shall comply with 
149.23  this section and shall document why a less restrictive setting 
149.24  will or will not be in the best interests of the child for 
149.25  placement purposes. [260.173, subd. 2] 
149.26     Subd. 3.  [PLACEMENT.] If the child had been taken into 
149.27  custody and detained as one who is alleged to be in need of 
149.28  protection or services under section 260C.007, subdivision 4, 
149.29  clause (13) or (14), by reason of having been adjudicated, in 
149.30  need of protection or services under section 260C.007, 
149.31  subdivision 4, clause (13) or (14), or conditionally released by 
149.32  the juvenile court without adjudication, has violated probation, 
149.33  parole, or other field supervision under which the child had 
149.34  been placed as a result of behavior described in this 
149.35  subdivision; the child may be placed only in a shelter care 
149.36  facility.  [260.173, subd. 3 (omitting delinquency-related 
150.1   text)] 
150.2      Sec. 21.  [260C.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 
150.3   FOR MEDICAL CARE.] 
150.4      Subdivision 1.  [MEDICAL AID.] If a child is taken into 
150.5   custody as provided in section 260C.175 and detained in a local 
150.6   juvenile secure detention facility or a shelter care facility, 
150.7   the child's county of residence shall pay the costs of medical 
150.8   services provided to the child during the period of time the 
150.9   child is residing in the facility.  The county of residence is 
150.10  entitled to reimbursement from the child or the child's family 
150.11  for payment of medical bills to the extent that the child or the 
150.12  child's family has the ability to pay for the medical services.  
150.13  If there is a disagreement between the county and the child or 
150.14  the child's family concerning the ability to pay or whether the 
150.15  medical services were necessary, the court with jurisdiction 
150.16  over the child shall determine the extent, if any, of the 
150.17  child's or the family's ability to pay for the medical services 
150.18  or whether the services are necessary.  If the child is covered 
150.19  by health or medical insurance or a health plan when medical 
150.20  services are provided, the county paying the costs of medical 
150.21  services has a right of subrogation to be reimbursed by the 
150.22  insurance carrier or health plan for all amounts spent by it for 
150.23  medical services to the child that are covered by the insurance 
150.24  policy or health plan, in accordance with the benefits, 
150.25  limitations, exclusions, provider restrictions, and other 
150.26  provisions of the policy or health plan.  The county may 
150.27  maintain an action to enforce this subrogation right.  The 
150.28  county does not have a right of subrogation against the medical 
150.29  assistance program, the MinnesotaCare program, or the general 
150.30  assistance medical care program.  [260.174, subd. 1 (omitting 
150.31  delinquency-related text)] 
150.32     Subd. 2.  [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 
150.33  its intake procedure for children, the official having custody 
150.34  over the child shall ask the child or the child's family, as 
150.35  appropriate, whether the child has health coverage.  If the 
150.36  child has coverage under a policy of accident and health 
151.1   insurance regulated under chapter 62A, a health maintenance 
151.2   contract regulated under chapter 62D, a group subscriber 
151.3   contract regulated under chapter 62C, a health benefit 
151.4   certificate regulated under chapter 64B, a self-insured plan, or 
151.5   other health coverage, the child or the child's family, as 
151.6   appropriate, shall provide to the official having custody over 
151.7   the child the name of the carrier or administrator and other 
151.8   information and authorizations necessary for the official having 
151.9   custody over the child to obtain specific information about 
151.10  coverage.  [260.174, subd. 2] 
151.11     Subd. 3.  [OBTAINING HEALTH CARE IN COMPLIANCE WITH 
151.12  COVERAGE.] A county board may authorize the officials having 
151.13  custody over children to fulfill the county board's obligation 
151.14  to provide the medical aid required by subdivision 1 in 
151.15  accordance with the terms of the health plan covering the child, 
151.16  where possible, subject to any rules and exceptions provided by 
151.17  the county board.  The official having custody over a child has 
151.18  no obligation to the child or to the child's family to obtain 
151.19  the child's health care in accordance with the child's health 
151.20  coverage.  [260.174, subd. 3] 
151.21     Subd. 4.  [SCOPE.] Subdivisions 1, 2, and 3 apply to any 
151.22  medical aid, including dental care, provided to children held in 
151.23  custody by the county as described in subdivision 1.  [260.174, 
151.24  subd. 4] 
151.25     Sec. 22.  [260C.193] [DISPOSITIONS; GENERAL PROVISIONS.] 
151.26     Subdivision 1.  [DISMISSAL OF PETITION.] Whenever the court 
151.27  finds that the minor is not within the jurisdiction of the court 
151.28  or that the facts alleged in the petition have not been proved, 
151.29  it shall dismiss the petition.  [260.181, subd. 1] 
151.30     Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
151.31  disposition in a case, or terminating parental rights, or 
151.32  appointing a guardian for a child the court may consider any 
151.33  report or recommendation made by the local social services 
151.34  agency, probation officer, licensed child-placing agency, foster 
151.35  parent, guardian ad litem, tribal representative, or other 
151.36  authorized advocate for the child or child's family, a school 
152.1   district concerning the effect on student transportation of 
152.2   placing a child in a school district in which the child is not a 
152.3   resident, or any other information deemed material by the court. 
152.4   [260.181, subd. 2] 
152.5      Subd. 3.  [PROTECTION OF THE CHILD'S BEST INTERESTS.] (a) 
152.6   The policy of the state is to ensure that the best interests of 
152.7   children are met by requiring individualized determinations of 
152.8   the needs of the child and of how the selected placement will 
152.9   serve the needs of the child in foster care placements.  
152.10     (b) Among the factors to be considered in determining the 
152.11  needs of the child are:  
152.12     (1) the child's current functioning and behaviors; 
152.13     (2) the medical, educational, and developmental needs of 
152.14  the child; 
152.15     (3) the child's history and past experience; 
152.16     (4) the child's religious and cultural needs; 
152.17     (5) the child's connection with a community, school, and 
152.18  church; 
152.19     (6) the child's interests and talents; 
152.20     (7) the child's relationship to current caretakers, 
152.21  parents, siblings, and relatives; and 
152.22     (8) the reasonable preference of the child, if the court, 
152.23  or in the case of a voluntary placement the child-placing 
152.24  agency, deems the child to be of sufficient age to express 
152.25  preferences.  
152.26     (c) The court, in transferring legal custody of any child 
152.27  or appointing a guardian for the child under the laws relating 
152.28  to juvenile courts, shall consider placement, consistent with 
152.29  the child's best interests and in the following order, in the 
152.30  legal custody or guardianship of an individual who (1) is 
152.31  related to the child by blood, marriage, or adoption, or (2) is 
152.32  an important friend with whom the child has resided or had 
152.33  significant contact.  Placement of a child cannot be delayed or 
152.34  denied based on race, color, or national origin of the foster 
152.35  parent or the child.  Whenever possible, siblings should be 
152.36  placed together unless it is determined not to be in the best 
153.1   interests of a sibling. 
153.2      (d) If the child's birth parent or parents explicitly 
153.3   request that a relative or important friend not be considered, 
153.4   the court shall honor that request if it is consistent with the 
153.5   best interests of the child. 
153.6      If the child's birth parent or parents express a preference 
153.7   for placing the child in a foster or adoptive home of the same 
153.8   or a similar religious background to that of the birth parent or 
153.9   parents, the court shall order placement of the child with an 
153.10  individual who meets the birth parent's religious preference.  
153.11     (e) This subdivision does not affect the Indian Child 
153.12  Welfare Act, United States Code, title 25, sections 1901 to 
153.13  1923, and the Minnesota Indian Family Preservation Act, sections 
153.14  260.751 to 260.835.  [260.181, subd. 3] 
153.15     Subd. 4.  [REPORTS; JUVENILES PLACED OUT OF STATE.] 
153.16  Whenever a child is placed in a residential program located 
153.17  outside of this state pursuant to a disposition order issued 
153.18  under section 260C.201, the juvenile court administrator shall 
153.19  report the following information to the state court 
153.20  administrator: 
153.21     (1) the fact that the placement is out of state; 
153.22     (2) the type of placement; and 
153.23     (3) the reason for the placement.  [260.181, subd. 3a] 
153.24     Subd. 5.  [TERMINATION OF JURISDICTION.] The court may 
153.25  dismiss the petition or otherwise terminate its jurisdiction on 
153.26  its own motion or on the motion or petition of any interested 
153.27  party at any time.  Unless terminated by the court, and except 
153.28  as otherwise provided in this subdivision, the jurisdiction of 
153.29  the court shall continue until the individual becomes 19 years 
153.30  of age if the court determines it is in the best interest of the 
153.31  individual to do so.  Court jurisdiction under section 260C.007, 
153.32  subdivision 4, clause (12), may not continue past the child's 
153.33  17th birthday.  [260.181, subd. 4 (omitting delinquency-related 
153.34  text)] 
153.35     Sec. 23.  [260C.201] [DISPOSITIONS; CHILDREN WHO ARE IN 
153.36  NEED OF PROTECTION OR SERVICES OR NEGLECTED AND IN FOSTER CARE.] 
154.1      Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
154.2   the child is in need of protection or services or neglected and 
154.3   in foster care, it shall enter an order making any of the 
154.4   following dispositions of the case: 
154.5      (1) place the child under the protective supervision of the 
154.6   local social services agency or child-placing agency in the 
154.7   child's own home under conditions prescribed by the court 
154.8   directed to the correction of the child's need for protection or 
154.9   services; 
154.10     (2) transfer legal custody to one of the following: 
154.11     (i) a child-placing agency; or 
154.12     (ii) the local social services agency. 
154.13     In placing a child whose custody has been transferred under 
154.14  this paragraph, the agencies shall follow the order of 
154.15  preference stated in section 260C.193, subdivision 3; 
154.16     (3) if the child is in need of special treatment and care 
154.17  for reasons of physical or mental health, the court may order 
154.18  the child's parent, guardian, or custodian to provide it.  If 
154.19  the parent, guardian, or custodian fails or is unable to provide 
154.20  this treatment or care, the court may order it provided.  The 
154.21  court shall not transfer legal custody of the child for the 
154.22  purpose of obtaining special treatment or care solely because 
154.23  the parent is unable to provide the treatment or care.  If the 
154.24  court's order for mental health treatment is based on a 
154.25  diagnosis made by a treatment professional, the court may order 
154.26  that the diagnosing professional not provide the treatment to 
154.27  the child if it finds that such an order is in the child's best 
154.28  interests; or 
154.29     (4) if the court believes that the child has sufficient 
154.30  maturity and judgment and that it is in the best interests of 
154.31  the child, the court may order a child 16 years old or older to 
154.32  be allowed to live independently, either alone or with others as 
154.33  approved by the court under supervision the court considers 
154.34  appropriate, if the county board, after consultation with the 
154.35  court, has specifically authorized this dispositional 
154.36  alternative for a child. 
155.1      (b) If the child was adjudicated in need of protection or 
155.2   services because the child is a runaway or habitual truant, the 
155.3   court may order any of the following dispositions in addition to 
155.4   or as alternatives to the dispositions authorized under 
155.5   paragraph (a): 
155.6      (1) counsel the child or the child's parents, guardian, or 
155.7   custodian; 
155.8      (2) place the child under the supervision of a probation 
155.9   officer or other suitable person in the child's own home under 
155.10  conditions prescribed by the court, including reasonable rules 
155.11  for the child's conduct and the conduct of the parents, 
155.12  guardian, or custodian, designed for the physical, mental, and 
155.13  moral well-being and behavior of the child; or with the consent 
155.14  of the commissioner of corrections, place the child in a group 
155.15  foster care facility which is under the commissioner's 
155.16  management and supervision; 
155.17     (3) subject to the court's supervision, transfer legal 
155.18  custody of the child to one of the following: 
155.19     (i) a reputable person of good moral character.  No person 
155.20  may receive custody of two or more unrelated children unless 
155.21  licensed to operate a residential program under sections 245A.01 
155.22  to 245A.16; or 
155.23     (ii) a county probation officer for placement in a group 
155.24  foster home established under the direction of the juvenile 
155.25  court and licensed pursuant to section 241.021; 
155.26     (4) require the child to pay a fine of up to $100.  The 
155.27  court shall order payment of the fine in a manner that will not 
155.28  impose undue financial hardship upon the child; 
155.29     (5) require the child to participate in a community service 
155.30  project; 
155.31     (6) order the child to undergo a chemical dependency 
155.32  evaluation and, if warranted by the evaluation, order 
155.33  participation by the child in a drug awareness program or an 
155.34  inpatient or outpatient chemical dependency treatment program; 
155.35     (7) if the court believes that it is in the best interests 
155.36  of the child and of public safety that the child's driver's 
156.1   license or instruction permit be canceled, the court may order 
156.2   the commissioner of public safety to cancel the child's license 
156.3   or permit for any period up to the child's 18th birthday.  If 
156.4   the child does not have a driver's license or permit, the court 
156.5   may order a denial of driving privileges for any period up to 
156.6   the child's 18th birthday.  The court shall forward an order 
156.7   issued under this clause to the commissioner, who shall cancel 
156.8   the license or permit or deny driving privileges without a 
156.9   hearing for the period specified by the court.  At any time 
156.10  before the expiration of the period of cancellation or denial, 
156.11  the court may, for good cause, order the commissioner of public 
156.12  safety to allow the child to apply for a license or permit, and 
156.13  the commissioner shall so authorize; 
156.14     (8) order that the child's parent or legal guardian deliver 
156.15  the child to school at the beginning of each school day for a 
156.16  period of time specified by the court; or 
156.17     (9) require the child to perform any other activities or 
156.18  participate in any other treatment programs deemed appropriate 
156.19  by the court.  
156.20     To the extent practicable, the court shall enter a 
156.21  disposition order the same day it makes a finding that a child 
156.22  is in need of protection or services or neglected and in foster 
156.23  care, but in no event more than 15 days after the finding unless 
156.24  the court finds that the best interests of the child will be 
156.25  served by granting a delay.  If the child was under eight years 
156.26  of age at the time the petition was filed, the disposition order 
156.27  must be entered within ten days of the finding and the court may 
156.28  not grant a delay unless good cause is shown and the court finds 
156.29  the best interests of the child will be served by the delay. 
156.30     (c) If a child who is 14 years of age or older is 
156.31  adjudicated in need of protection or services because the child 
156.32  is a habitual truant and truancy procedures involving the child 
156.33  were previously dealt with by a school attendance review board 
156.34  or county attorney mediation program under section 260A.06 or 
156.35  260A.07, the court shall order a cancellation or denial of 
156.36  driving privileges under paragraph (b), clause (7), for any 
157.1   period up to the child's 18th birthday. 
157.2      (d) In the case of a child adjudicated in need of 
157.3   protection or services because the child has committed domestic 
157.4   abuse and been ordered excluded from the child's parent's home, 
157.5   the court shall dismiss jurisdiction if the court, at any time, 
157.6   finds the parent is able or willing to provide an alternative 
157.7   safe living arrangement for the child, as defined in Laws 1997, 
157.8   chapter 239, article 10, section 2.  [260.191, subd. 1] 
157.9      Subd. 2.  [WRITTEN FINDINGS.] Any order for a disposition 
157.10  authorized under this section shall contain written findings of 
157.11  fact to support the disposition ordered, and shall also set 
157.12  forth in writing the following information: 
157.13     (a) Why the best interests of the child are served by the 
157.14  disposition ordered; 
157.15     (b) What alternative dispositions were considered by the 
157.16  court and why such dispositions were not appropriate in the 
157.17  instant case; 
157.18     (c) How the court's disposition complies with the 
157.19  requirements of section 260C.193, subdivision 3; and 
157.20     (d) Whether reasonable efforts consistent with section 
157.21  260.012 were made to prevent or eliminate the necessity of the 
157.22  child's removal and to reunify the family after removal.  The 
157.23  court's findings must include a brief description of what 
157.24  preventive and reunification efforts were made and why further 
157.25  efforts could not have prevented or eliminated the necessity of 
157.26  removal or that reasonable efforts were not required under 
157.27  section 260.012 or 260C.178, subdivision 1. 
157.28     If the court finds that the social services agency's 
157.29  preventive or reunification efforts have not been reasonable but 
157.30  that further preventive or reunification efforts could not 
157.31  permit the child to safely remain at home, the court may 
157.32  nevertheless authorize or continue the removal of the child. 
157.33  [260.191, subd. 1a] 
157.34     Subd. 3.  [DOMESTIC CHILD ABUSE.] If the court finds that 
157.35  the child is a victim of domestic child abuse, as defined in 
157.36  section 260C.007, subdivision 20, it may order any of the 
158.1   following dispositions of the case in addition to or as 
158.2   alternatives to the dispositions authorized under subdivision 1: 
158.3      (1) restrain any party from committing acts of domestic 
158.4   child abuse; 
158.5      (2) exclude the abusing party from the dwelling which the 
158.6   family or household members share or from the residence of the 
158.7   child; 
158.8      (3) on the same basis as is provided in chapter 518, 
158.9   establish temporary visitation with regard to minor children of 
158.10  the adult family or household members; 
158.11     (4) on the same basis as is provided in chapter 518, 
158.12  establish temporary support or maintenance for a period of 30 
158.13  days for minor children or a spouse; 
158.14     (5) provide counseling or other social services for the 
158.15  family or household members; or 
158.16     (6) order the abusing party to participate in treatment or 
158.17  counseling services.  
158.18     Any relief granted by the order for protection shall be for 
158.19  a fixed period not to exceed one year.  
158.20     However, no order excluding the abusing party from the 
158.21  dwelling may be issued unless the court finds that:  
158.22     (1) the order is in the best interests of the child or 
158.23  children remaining in the dwelling; 
158.24     (2) a remaining adult family or household member is able to 
158.25  care adequately for the child or children in the absence of the 
158.26  excluded party; and 
158.27     (3) the local welfare agency has developed a plan to 
158.28  provide appropriate social services to the remaining family or 
158.29  household members.  [260.191, subd. 1b] 
158.30     Subd. 4.  [SUPPORT ORDERS.] If the court issues an order 
158.31  for protection pursuant to section 260C.201, subdivision 3, 
158.32  excluding an abusing party from the dwelling who is the parent 
158.33  of a minor family or household member, it shall transfer the 
158.34  case file to the court which has jurisdiction over proceedings 
158.35  under chapter 518 for the purpose of establishing support or 
158.36  maintenance for minor children or a spouse, as provided in 
159.1   chapter 518, during the effective period of the order for 
159.2   protection.  The court to which the case file is transferred 
159.3   shall schedule and hold a hearing on the establishment of 
159.4   support or maintenance within 30 days of the issuance of the 
159.5   order for protection.  After an order for support or maintenance 
159.6   has been granted or denied, the case file shall be returned to 
159.7   the juvenile court, and the order for support or maintenance, if 
159.8   any, shall be incorporated into the order for protection.  
159.9   [260.191, subd. 1c] 
159.10     Subd. 5.  [VISITATION.] If the court orders that the child 
159.11  be placed outside of the child's home or present residence, it 
159.12  shall set reasonable rules for supervised or unsupervised 
159.13  parental visitation that contribute to the objectives of the 
159.14  court order and the maintenance of the familial relationship.  
159.15  No parent may be denied visitation unless the court finds at the 
159.16  disposition hearing that the visitation would act to prevent the 
159.17  achievement of the order's objectives or that it would endanger 
159.18  the child's physical or emotional well-being.  The court shall 
159.19  set reasonable rules for visitation for any relatives as defined 
159.20  in section 260C.193, subdivision 3, if visitation is consistent 
159.21  with the best interests of the child.  [260.191, subd. 1d] 
159.22     Subd. 6.  [CASE PLAN.] For each disposition ordered, the 
159.23  court shall order the appropriate agency to prepare a written 
159.24  case plan developed after consultation with any foster parents, 
159.25  and consultation with and participation by the child and the 
159.26  child's parent, guardian, or custodian, guardian ad litem, and 
159.27  tribal representative if the tribe has intervened.  The case 
159.28  plan shall comply with the requirements of section 260C.212, 
159.29  where applicable.  The case plan shall, among other matters, 
159.30  specify the actions to be taken by the child and the child's 
159.31  parent, guardian, foster parent, or custodian to ensure the 
159.32  child's safety and to comply with the court's disposition order, 
159.33  and the services to be offered and provided by the agency to the 
159.34  child and the child's parent, guardian, or custodian.  The court 
159.35  shall review the case plan and, upon approving it, incorporate 
159.36  the plan into its disposition order.  The court may review and 
160.1   modify the terms of the case plan in the manner provided in 
160.2   subdivision 2.  For each disposition ordered, the written case 
160.3   plan shall specify what reasonable efforts shall be provided to 
160.4   the family.  The case plan must include a discussion of: 
160.5      (1) the availability of appropriate prevention and 
160.6   reunification services for the family to safely prevent the 
160.7   removal of the child from the home or to safely reunify the 
160.8   child with the family after removal; 
160.9      (2) any services or resources that were requested by the 
160.10  child or the child's parent, guardian, foster parent, or 
160.11  custodian since the date of initial adjudication, and whether 
160.12  those services or resources were provided or the basis for 
160.13  denial of the services or resources; 
160.14     (3) the need of the child and family for care, treatment, 
160.15  or rehabilitation; 
160.16     (4) the need for participation by the parent, guardian, or 
160.17  custodian in the plan of care for the child; 
160.18     (5) the visitation rights and obligations of the parent or 
160.19  other relatives, as defined in section 260C.193, subdivision 3, 
160.20  during any period when the child is placed outside the home; 
160.21     (6) a description of any services that could safely prevent 
160.22  placement or reunify the family if such services were available; 
160.23  and 
160.24     (7) the need for continued monitoring of the child and 
160.25  family by the appropriate local social services agency once the 
160.26  family has completed all services required in the case plan. 
160.27     A party has a right to request a court review of the 
160.28  reasonableness of the case plan upon a showing of a substantial 
160.29  change of circumstances.  [260.191, subd. 1e] 
160.30     Subd. 7.  [ORDER DURATION.] Subject to subdivisions 10 and 
160.31  11, all orders under this section shall be for a specified 
160.32  length of time set by the court not to exceed one year.  
160.33  However, before the order has expired and upon its own motion or 
160.34  that of any interested party, the court shall, after notice to 
160.35  the parties and a hearing, renew the order for another year or 
160.36  make some other disposition of the case, until the individual is 
161.1   no longer a minor.  Any person to whom legal custody is 
161.2   transferred shall report to the court in writing at such periods 
161.3   as the court may direct.  [260.191, subd. 2] 
161.4      Subd. 8.  [SERVICE OF ORDER.] Any person who provides 
161.5   services to a child under a disposition order, or who is subject 
161.6   to the conditions of a disposition order shall be served with a 
161.7   copy of the order in the manner provided in the rules for 
161.8   juvenile courts.  [260.191, subd. 2a] 
161.9      Subd. 9.  [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 
161.10  court transfers legal custody of a child to any licensed 
161.11  child-placing agency or the local social services agency, it 
161.12  shall transmit with the order transferring legal custody a copy 
161.13  of its findings and a summary of its information concerning the 
161.14  child.  [260.191, subd. 3] 
161.15     Subd. 10.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
161.16  the court places a child in a residential facility, as defined 
161.17  in section 260C.212, subdivision 1, the court shall review the 
161.18  out-of-home placement at least every six months to determine 
161.19  whether continued out-of-home placement is necessary and 
161.20  appropriate or whether the child should be returned home.  The 
161.21  court shall review agency efforts pursuant to section 260C.215, 
161.22  subdivision 1, and order that the efforts continue if the agency 
161.23  has failed to perform the duties under that section.  The court 
161.24  shall review the case plan and may modify the case plan as 
161.25  provided under subdivisions 6 and 7.  If the court orders 
161.26  continued out-of-home placement, the court shall notify the 
161.27  parents of the provisions of subdivision 11. 
161.28     (b) When the court determines that a permanent placement 
161.29  hearing is necessary because there is a likelihood that the 
161.30  child will not return to a parent's care, the court may 
161.31  authorize the agency with custody of the child to send the 
161.32  notice provided in section 257.071, subdivision 1d, paragraph 
161.33  (b), or may modify the requirements of the agency under section 
161.34  257.071, subdivision 1d, paragraph (b), or may completely 
161.35  relieve the responsible social service agency of the 
161.36  requirements of section 257.071, subdivision 1d, paragraph (b), 
162.1   when the child is placed with an appropriate relative who wishes 
162.2   to provide a permanent home for the child.  The actions ordered 
162.3   by the court under this section must be consistent with the best 
162.4   interests, safety, and welfare of the child.  [260.191, subd. 
162.5   3a] 
162.6      Subd. 11.  [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 
162.7   PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 
162.8   to determine the permanent status of a child not later than 12 
162.9   months after the child is placed out of the home of the parent, 
162.10  except that if the child was under eight years of age at the 
162.11  time the petition was filed, the hearing must be conducted no 
162.12  later than six months after the child is placed out of the home 
162.13  of the parent. 
162.14     For purposes of this subdivision, the date of the child's 
162.15  placement out of the home of the parent is the earlier of the 
162.16  first court-ordered placement or 60 days after the date on which 
162.17  the child has been voluntarily placed out of the home. 
162.18     For purposes of this subdivision, 12 months is calculated 
162.19  as follows: 
162.20     (1) during the pendency of a petition alleging that a child 
162.21  is in need of protection or services, all time periods when a 
162.22  child is placed out of the home of the parent are cumulated; 
162.23     (2) if a child has been placed out of the home of the 
162.24  parent within the previous five years in connection with one or 
162.25  more prior petitions for a child in need of protection or 
162.26  services, the lengths of all prior time periods when the child 
162.27  was placed out of the home within the previous five years and 
162.28  under the current petition, are cumulated.  If a child under 
162.29  this clause has been out of the home for 12 months or more, the 
162.30  court, if it is in the best interests of the child, may extend 
162.31  the total time the child may continue out of the home under the 
162.32  current petition up to an additional six months before making a 
162.33  permanency determination.  
162.34     (b) Not later than ten days prior to this hearing, the 
162.35  responsible social service agency shall file pleadings to 
162.36  establish the basis for the permanent placement determination.  
163.1   Notice of the hearing and copies of the pleadings must be 
163.2   provided pursuant to section 260C.152.  If a termination of 
163.3   parental rights petition is filed before the date required for 
163.4   the permanency planning determination, no hearing need be 
163.5   conducted under this subdivision.  The court shall determine 
163.6   whether the child is to be returned home or, if not, what 
163.7   permanent placement is consistent with the child's best 
163.8   interests.  The "best interests of the child" means all relevant 
163.9   factors to be considered and evaluated. 
163.10     (c) At a hearing under this subdivision, if the child was 
163.11  under eight years of age at the time the petition was filed 
163.12  alleging the child in need of protection or services, the court 
163.13  shall review the progress of the case and the case plan, 
163.14  including the provision of services.  The court may order the 
163.15  local social service agency to show cause why it should not file 
163.16  a termination of parental rights petition.  Cause may include, 
163.17  but is not limited to, the following conditions: 
163.18     (1) the parents or guardians have maintained regular 
163.19  contact with the child, the parents are complying with the 
163.20  court-ordered case plan, and the child would benefit from 
163.21  continuing this relationship; 
163.22     (2) grounds for termination under section 260C.301 do not 
163.23  exist; or 
163.24     (3) the permanent plan for the child is transfer of 
163.25  permanent legal and physical custody to a relative. 
163.26     (d) If the child is not returned to the home, the 
163.27  dispositions available for permanent placement determination are:
163.28     (1) permanent legal and physical custody to a relative in 
163.29  the best interests of the child.  In transferring permanent 
163.30  legal and physical custody to a relative, the juvenile court 
163.31  shall follow the standards and procedures applicable under 
163.32  chapter 260, 260C, or 518.  An order establishing permanent 
163.33  legal or physical custody under this subdivision must be filed 
163.34  with the family court.  A transfer of legal and physical custody 
163.35  includes responsibility for the protection, education, care, and 
163.36  control of the child and decision making on behalf of the 
164.1   child.  The social service agency may petition on behalf of the 
164.2   proposed custodian; 
164.3      (2) termination of parental rights and adoption; the social 
164.4   service agency shall file a petition for termination of parental 
164.5   rights under section 260C.307 and all the requirements of 
164.6   sections 260C.301 to 260C.328 remain applicable.  An adoption 
164.7   completed subsequent to a determination under this subdivision 
164.8   may include an agreement for communication or contact under 
164.9   section 259.58; or 
164.10     (3) long-term foster care; transfer of legal custody and 
164.11  adoption are preferred permanency options for a child who cannot 
164.12  return home.  The court may order a child into long-term foster 
164.13  care only if it finds that neither an award of legal and 
164.14  physical custody to a relative, nor termination of parental 
164.15  rights nor adoption is in the child's best interests.  Further, 
164.16  the court may only order long-term foster care for the child 
164.17  under this section if it finds the following: 
164.18     (i) the child has reached age 12 and reasonable efforts by 
164.19  the responsible social service agency have failed to locate an 
164.20  adoptive family for the child; or 
164.21     (ii) the child is a sibling of a child described in clause 
164.22  (i) and the siblings have a significant positive relationship 
164.23  and are ordered into the same long-term foster care home; or 
164.24     (4) foster care for a specified period of time may be 
164.25  ordered only if: 
164.26     (i) the sole basis for an adjudication that a child is in 
164.27  need of protection or services is that the child is a runaway, 
164.28  is an habitual truant, or committed a delinquent act before age 
164.29  ten; and 
164.30     (ii) the court finds that foster care for a specified 
164.31  period of time is in the best interests of the child. 
164.32     (e) In ordering a permanent placement of a child, the court 
164.33  must be governed by the best interests of the child, including a 
164.34  review of the relationship between the child and relatives and 
164.35  the child and other important persons with whom the child has 
164.36  resided or had significant contact. 
165.1      (f) Once a permanent placement determination has been made 
165.2   and permanent placement has been established, further court 
165.3   reviews and dispositional hearings are only necessary if the 
165.4   placement is made under paragraph (d), clause (4), review is 
165.5   otherwise required by federal law, an adoption has not yet been 
165.6   finalized, or there is a disruption of the permanent or 
165.7   long-term placement.  
165.8      (g) An order under this subdivision must include the 
165.9   following detailed findings: 
165.10     (1) how the child's best interests are served by the order; 
165.11     (2) the nature and extent of the responsible social service 
165.12  agency's reasonable efforts, or, in the case of an Indian child, 
165.13  active efforts, to reunify the child with the parent or parents; 
165.14     (3) the parent's or parents' efforts and ability to use 
165.15  services to correct the conditions which led to the out-of-home 
165.16  placement; 
165.17     (4) whether the conditions which led to the out-of-home 
165.18  placement have been corrected so that the child can return home; 
165.19  and 
165.20     (5) if the child cannot be returned home, whether there is 
165.21  a substantial probability of the child being able to return home 
165.22  in the next six months.  
165.23     (h) An order for permanent legal and physical custody of a 
165.24  child may be modified under sections 518.18 and 518.185.  The 
165.25  social service agency is a party to the proceeding and must 
165.26  receive notice.  An order for long-term foster care is 
165.27  reviewable upon motion and a showing by the parent of a 
165.28  substantial change in the parent's circumstances such that the 
165.29  parent could provide appropriate care for the child and that 
165.30  removal of the child from the child's permanent placement and 
165.31  the return to the parent's care would be in the best interest of 
165.32  the child.  [260.191, subd. 3b] 
165.33     Subd. 12.  [CONTINUANCE OF CASE.] If it is in the best 
165.34  interests of the child to do so and if the allegations contained 
165.35  in the petition have been admitted, or when a hearing has been 
165.36  held as provided in section 260C.163 and the allegations 
166.1   contained in the petition have been duly proven, before the 
166.2   entry of a finding of need for protection or services or a 
166.3   finding that a child is neglected and in foster care, the court 
166.4   may continue the case for a period not to exceed 90 days on any 
166.5   one order.  Following the 90-day continuance: 
166.6      (1) if both the parent and child have complied with the 
166.7   terms of the continuance, the case must be dismissed without an 
166.8   adjudication that the child is in need of protection or services 
166.9   or that the child is neglected and in foster care; or 
166.10     (2) if either the parent or child has not complied with the 
166.11  terms of the continuance, the court shall adjudicate the child 
166.12  in need of protection or services or neglected and in foster 
166.13  care.  [260.191, subd. 4] 
166.14     Sec. 24.  [260C.205] [DISPOSITIONS; VOLUNTARY FOSTER CARE 
166.15  PLACEMENTS.] 
166.16     Upon a petition for review of the foster care status of a 
166.17  child, the court may:  
166.18     (a) In the case of a petition required to be filed under 
166.19  section 260C.212, subdivision 8, find that the child's needs are 
166.20  being met, that the child's placement in foster care is in the 
166.21  best interests of the child, and that the child will be returned 
166.22  home in the next six months, in which case the court shall 
166.23  approve the voluntary arrangement and continue the matter for 
166.24  six months to assure the child returns to the parent's home.  
166.25     (b) In the case of a petition required to be filed under 
166.26  section 260C.212, subdivision 9, find that the child's needs are 
166.27  being met and that the child's placement in foster care is in 
166.28  the best interests of the child, in which case the court shall 
166.29  approve the voluntary arrangement.  The court shall order the 
166.30  social service agency responsible for the placement to bring a 
166.31  petition under section 260C.141, subdivision 1 or 2, as 
166.32  appropriate, within 12 months. 
166.33     (c) Find that the child's needs are not being met, in which 
166.34  case the court shall order the social service agency or the 
166.35  parents to take whatever action is necessary and feasible to 
166.36  meet the child's needs, including, when appropriate, the 
167.1   provision by the social service agency of services to the 
167.2   parents which would enable the child to live at home, and order 
167.3   a disposition under section 260C.201. 
167.4      (d) Find that the child has been abandoned by parents 
167.5   financially or emotionally, or that the developmentally disabled 
167.6   child does not require out-of-home care because of the 
167.7   handicapping condition, in which case the court shall order the 
167.8   social service agency to file an appropriate petition pursuant 
167.9   to sections 260C.141, subdivision 1, or 260C.307. 
167.10     Nothing in this section shall be construed to prohibit 
167.11  bringing a petition pursuant to section 260C.141, subdivision 1 
167.12  or 4, sooner than required by court order pursuant to this 
167.13  section.  [260.192] 
167.14     Sec. 25.  [260C.208] [INFORMATION FOR CHILD PLACEMENT.] 
167.15     Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
167.16  agency with legal responsibility for the placement of a child 
167.17  may request and shall receive all information pertaining to the 
167.18  child that it considers necessary to appropriately carry out its 
167.19  duties.  That information must include educational, medical, 
167.20  psychological, psychiatric, and social or family history data 
167.21  retained in any form by any individual or entity.  The agency 
167.22  may gather appropriate data regarding the child's parents in 
167.23  order to develop and implement a case plan required by section 
167.24  260C.212.  Upon request of the court responsible for overseeing 
167.25  the provision of services to the child and family and for 
167.26  implementing orders that are in the best interest of the child, 
167.27  the responsible local social service agency or tribal social 
167.28  service agency shall provide appropriate written or oral reports 
167.29  from any individual or entity that has provided services to the 
167.30  child or family.  The reports must include the nature of the 
167.31  services being provided the child or family; the reason for the 
167.32  services; the nature, extent, and quality of the child's or 
167.33  parent's participation in the services, where appropriate; and 
167.34  recommendations for continued services, where appropriate.  The 
167.35  individual or entity shall report all observations and 
167.36  information upon which it bases its report as well as its 
168.1   conclusions.  If necessary to facilitate the receipt of the 
168.2   reports, the court may issue appropriate orders.  [257.069, 
168.3   subd. 1] 
168.4      Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
168.5   agency responsible for the residential placement of a child 
168.6   under this section and the residential facility in which the 
168.7   child is placed shall have access to the following data on the 
168.8   child: 
168.9      (1) medical data under section 13.42; 
168.10     (2) corrections and detention data under section 13.85; 
168.11     (3) juvenile court data under section 260C.171; and 
168.12     (4) health records under section 144.335.  [257.069, subd. 
168.13  2] 
168.14     Sec. 26.  [260C.212] [CHILDREN IN FOSTER HOMES; PLACEMENT; 
168.15  REVIEW.] 
168.16     Subdivision 1.  [PLACEMENT; PLAN.] A case plan shall be 
168.17  prepared within 30 days after any child is placed in a 
168.18  residential facility by court order or by the voluntary release 
168.19  of the child by the parent or parents.  
168.20     For purposes of this section, a residential facility means 
168.21  any group home, family foster home or other publicly supported 
168.22  out-of-home residential facility, including any out-of-home 
168.23  residential facility under contract with the state, county or 
168.24  other political subdivision, or any agency thereof, to provide 
168.25  those services or foster care as defined in section 260C.007, 
168.26  subdivision 9.  
168.27     For the purposes of this section, a case plan means a 
168.28  written document which is ordered by the court or which is 
168.29  prepared by the social service agency responsible for the 
168.30  residential facility placement and is signed by the parent or 
168.31  parents, or other custodian, of the child, the child's legal 
168.32  guardian, the social service agency responsible for the 
168.33  residential facility placement, and, if possible, the child.  
168.34  The document shall be explained to all persons involved in its 
168.35  implementation, including the child who has signed the document, 
168.36  and shall set forth: 
169.1      (1) The specific reasons for the placement of the child in 
169.2   a residential facility, including a description of the problems 
169.3   or conditions in the home of the parent or parents which 
169.4   necessitated removal of the child from home; 
169.5      (2) The specific actions to be taken by the parent or 
169.6   parents of the child to eliminate or correct the problems or 
169.7   conditions identified in clause (1), and the time period during 
169.8   which the actions are to be taken; 
169.9      (3) The financial responsibilities and obligations, if any, 
169.10  of the parents for the support of the child during the period 
169.11  the child is in the residential facility; 
169.12     (4) The visitation rights and obligations of the parent or 
169.13  parents or other relatives as defined in section 260C.193, if 
169.14  such visitation is consistent with the best interest of the 
169.15  child, during the period the child is in the residential 
169.16  facility; 
169.17     (5) The social and other supportive services to be provided 
169.18  to the parent or parents of the child, the child, and the 
169.19  residential facility during the period the child is in the 
169.20  residential facility; 
169.21     (6) The date on which the child is expected to be returned 
169.22  to the home of the parent or parents; 
169.23     (7) The nature of the effort to be made by the social 
169.24  service agency responsible for the placement to reunite the 
169.25  family; and 
169.26     (8) Notice to the parent or parents that placement of the 
169.27  child in foster care may result in termination of parental 
169.28  rights but only after notice and a hearing as provided in 
169.29  chapter 260C. 
169.30     The parent or parents and the child each shall have the 
169.31  right to legal counsel in the preparation of the case plan and 
169.32  shall be informed of the right at the time of placement of the 
169.33  child.  The child shall also have the right to a guardian ad 
169.34  litem.  If unable to employ counsel from their own resources, 
169.35  the court shall appoint counsel upon the request of the parent 
169.36  or parents or the child or the child's legal guardian.  The 
170.1   parent or parents may also receive assistance from any person or 
170.2   social service agency in preparation of the case plan. 
170.3      After the plan has been agreed upon by the parties 
170.4   involved, the foster parents shall be fully informed of the 
170.5   provisions of the case plan. 
170.6      When an agency accepts a child for placement, the agency 
170.7   shall determine whether the child has had a physical examination 
170.8   by or under the direction of a licensed physician within the 12 
170.9   months immediately preceding the date when the child came into 
170.10  the agency's care.  If there is documentation that the child has 
170.11  had such an examination within the last 12 months, the agency is 
170.12  responsible for seeing that the child has another physical 
170.13  examination within one year of the documented examination and 
170.14  annually in subsequent years.  If the agency determines that the 
170.15  child has not had a physical examination within the 12 months 
170.16  immediately preceding placement, the agency shall ensure that 
170.17  the child has the examination within 30 days of coming into the 
170.18  agency's care and once a year in subsequent years.  [257.071, 
170.19  subd. 1] 
170.20     Subd. 2.  [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 
170.21  THE CHILD.] (a) The policy of the state of Minnesota is to 
170.22  ensure that the child's best interests are met by requiring an 
170.23  individualized determination of the needs of the child and of 
170.24  how the selected placement will serve the needs of the child 
170.25  being placed.  The authorized child-placing agency shall place a 
170.26  child, released by court order or by voluntary release by the 
170.27  parent or parents, in a family foster home selected by 
170.28  considering placement with relatives and important friends 
170.29  consistent with section 260C.193, subdivision 3.  
170.30     (b) Among the factors the agency shall consider in 
170.31  determining the needs of the child are those specified under 
170.32  section 260C.193, subdivision 3, paragraph (b).  
170.33     (c) Placement of a child cannot be delayed or denied based 
170.34  on race, color, or national origin of the foster parent or the 
170.35  child.  Whenever possible, siblings should be placed together 
170.36  unless it is determined not to be in the best interests of a 
171.1   sibling.  [257.071, subd. 1a] 
171.2      Subd. 3.  [LIMIT ON MULTIPLE PLACEMENTS.] If a child has 
171.3   been placed in a residential facility pursuant to a court order 
171.4   under section 260C.178 or 260C.201, the social service agency 
171.5   responsible for the residential facility placement for the child 
171.6   may not change the child's placement unless the agency 
171.7   specifically documents that the current placement is unsuitable 
171.8   or another placement is in the best interests of the child.  
171.9   This subdivision does not apply if the new placement is in an 
171.10  adoptive home or other permanent placement.  [257.071, subd. 1b] 
171.11     Subd. 4.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
171.12  social service agency shall inform a parent considering 
171.13  voluntary placement of a child who is not developmentally 
171.14  disabled or emotionally handicapped of the following: 
171.15     (1) the parent and the child each has a right to separate 
171.16  legal counsel before signing a voluntary placement agreement, 
171.17  but not to counsel appointed at public expense; 
171.18     (2) the parent is not required to agree to the voluntary 
171.19  placement, and a parent who enters a voluntary placement 
171.20  agreement may at any time request that the agency return the 
171.21  child.  If the parent so requests, the child must be returned 
171.22  within 24 hours of the receipt of the request; 
171.23     (3) evidence gathered during the time the child is 
171.24  voluntarily placed may be used at a later time as the basis for 
171.25  a petition alleging that the child is in need of protection or 
171.26  services or as the basis for a petition seeking termination of 
171.27  parental rights; 
171.28     (4) if the local social service agency files a petition 
171.29  alleging that the child is in need of protection or services or 
171.30  a petition seeking the termination of parental rights, the 
171.31  parent would have the right to appointment of separate legal 
171.32  counsel and the child would have a right to the appointment of 
171.33  counsel and a guardian ad litem as provided by law, and that 
171.34  counsel will be appointed at public expense if they are unable 
171.35  to afford counsel; and 
171.36     (5) the timelines and procedures for review of voluntary 
172.1   placements under subdivision 3, and the effect the time spent in 
172.2   voluntary placement on the scheduling of a permanent placement 
172.3   determination hearing under section 260C.201, subdivision 11.  
172.4   [257.071, subd. 1c] 
172.5      Subd. 5.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
172.6   after a child is initially placed in a residential facility, the 
172.7   local social services agency shall identify any relatives of the 
172.8   child and notify them of the need for a foster care home for the 
172.9   child and of the possibility of the need for a permanent 
172.10  out-of-home placement of the child.  Relatives should also be 
172.11  notified that a decision not to be a placement resource at the 
172.12  beginning of the case may affect the relative being considered 
172.13  for placement of the child with that relative later.  The 
172.14  relatives must be notified that they must keep the local social 
172.15  services agency informed of their current address in order to 
172.16  receive notice that a permanent placement is being sought for 
172.17  the child.  A relative who fails to provide a current address to 
172.18  the local social services agency forfeits the right to notice of 
172.19  the possibility of permanent placement. 
172.20     (b) Unless relieved of this duty by the court because the 
172.21  child is placed with an appropriate relative who wishes to 
172.22  provide a permanent home for the child, when the agency 
172.23  determines that it is necessary to prepare for the permanent 
172.24  placement determination hearing, or in anticipation of filing a 
172.25  termination of parental rights petition, the agency shall send 
172.26  notice to the relatives, any adult with whom the child is 
172.27  currently residing, any adult with whom the child has resided 
172.28  for one year or longer in the past, and any adults who have 
172.29  maintained a relationship or exercised visitation with the child 
172.30  as identified in the agency case plan.  The notice must state 
172.31  that a permanent home is sought for the child and that the 
172.32  individuals receiving the notice may indicate to the agency 
172.33  their interest in providing a permanent home.  The notice must 
172.34  state that within 30 days of receipt of the notice an individual 
172.35  receiving the notice must indicate to the agency the 
172.36  individual's interest in providing a permanent home for the 
173.1   child or that the individual may lose the opportunity to be 
173.2   considered for a permanent placement.  This notice need not be 
173.3   sent if the child is placed with an appropriate relative who 
173.4   wishes to provide a permanent home for the child.  [257.071, 
173.5   subd. 1d] 
173.6      Subd. 6.  [CHANGE IN PLACEMENT.] If a child is removed from 
173.7   a permanent placement disposition authorized under section 
173.8   260C.201, subdivision 11, within one year after the placement 
173.9   was made: 
173.10     (1) the child must be returned to the residential facility 
173.11  where the child was placed immediately preceding the permanent 
173.12  placement; or 
173.13     (2) the court shall hold a hearing within ten days after 
173.14  the child is taken into custody to determine where the child is 
173.15  to be placed.  A guardian ad litem must be appointed for the 
173.16  child for this hearing.  [257.071, subd. 1e] 
173.17     Subd. 7.  [SIX-MONTH REVIEW OF PLACEMENTS.] There shall be 
173.18  an administrative review of the case plan of each child placed 
173.19  in a residential facility no later than 180 days after the 
173.20  initial placement of the child in a residential facility and at 
173.21  least every six months thereafter if the child is not returned 
173.22  to the home of the parent or parents within that time.  The case 
173.23  plan must be monitored and updated at each administrative 
173.24  review.  As an alternative to the administrative review, the 
173.25  social service agency responsible for the placement may bring a 
173.26  petition as provided in section 260C.141, subdivision 2, to the 
173.27  court for review of the foster care to determine if placement is 
173.28  in the best interests of the child.  This petition must be 
173.29  brought to the court within the applicable six months and is not 
173.30  in lieu of the requirements contained in subdivision 3 or 4.  A 
173.31  court review conducted pursuant to section 260C.201, subdivision 
173.32  11, shall satisfy the requirement for an administrative review 
173.33  so long as the other requirements of this section are met.  
173.34  [257.071, subd. 2] 
173.35     Subd. 8.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
173.36  provided in subdivision 4, if the child has been placed in a 
174.1   residential facility pursuant to a voluntary release by the 
174.2   parent or parents, and is not returned home within 90 days after 
174.3   initial placement in the residential facility, the social 
174.4   service agency responsible for the placement shall: 
174.5      (1) return the child to the home of the parent or parents; 
174.6   or 
174.7      (2) file a petition to extend the placement for 90 days. 
174.8      The case plan must be updated when a petition is filed and 
174.9   must include a specific plan for permanency.  
174.10     If the court approves the extension, at the end of the 
174.11  second 90-day period, the child must be returned to the parent's 
174.12  home, unless a petition is filed for a child in need of 
174.13  protection or services.  [257.071, subd. 3] 
174.14     Subd. 9.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
174.15  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
174.16  disabled child, as that term is defined in United States Code, 
174.17  title 42, section 6001 (7), as amended through December 31, 
174.18  1979, or a child diagnosed with an emotional handicap as defined 
174.19  in section 252.27, subdivision 1a, has been placed in a 
174.20  residential facility pursuant to a voluntary release by the 
174.21  child's parent or parents because of the child's handicapping 
174.22  conditions or need for long-term residential treatment or 
174.23  supervision, the social service agency responsible for the 
174.24  placement shall bring a petition for review of the child's 
174.25  foster care status, pursuant to section 260C.141, subdivision 2, 
174.26  rather than a petition as required by section 260C.201, 
174.27  subdivision 11, after the child has been in foster care for six 
174.28  months or, in the case of a child with an emotional handicap, 
174.29  after the child has been in a residential facility for six 
174.30  months.  Whenever a petition for review is brought pursuant to 
174.31  this subdivision, a guardian ad litem shall be appointed for the 
174.32  child.  [257.071, subd. 4] 
174.33     Subd. 10.  [RULES; CHILDREN IN RESIDENTIAL FACILITIES.] The 
174.34  commissioner of human services shall promulgate all rules 
174.35  necessary to carry out the provisions of Public Law Number 
174.36  96-272 as regards the establishment of a state goal for the 
175.1   reduction of the number of children in residential facilities 
175.2   beyond 24 months.  [257.071, subd. 5] 
175.3      Subd. 11.  [RULES.] The commissioner shall revise Minnesota 
175.4   Rules, parts 9545.0010 to 9545.0260, the rules setting standards 
175.5   for family and group family foster care.  The commissioner shall:
175.6      (1) require that, as a condition of licensure, foster care 
175.7   providers attend training on understanding and validating the 
175.8   cultural heritage of all children in their care, and on the 
175.9   importance of the Indian Child Welfare Act, United States Code, 
175.10  title 25, sections 1901 to 1923, and the Minnesota Indian Family 
175.11  Preservation Act, sections 260.751 to 260.835; and 
175.12     (2) review and, where necessary, revise foster care rules 
175.13  to reflect sensitivity to cultural diversity and differing 
175.14  lifestyles.  Specifically, the commissioner shall examine 
175.15  whether space and other requirements discriminate against 
175.16  single-parent, minority, or low-income families who may be able 
175.17  to provide quality foster care reflecting the values of their 
175.18  own respective cultures.  [257.071, subd. 7] 
175.19     Subd. 12.  [RULES ON REMOVAL OF CHILDREN.] The commissioner 
175.20  shall adopt rules establishing criteria for removal of children 
175.21  from their homes and return of children to their homes.  
175.22  [257.071, subd. 8] 
175.23     Subd. 13.  [FAIR HEARING REVIEW.] Any person whose claim 
175.24  for foster care payment pursuant to the placement of a child 
175.25  resulting from a child protection assessment under section 
175.26  626.556 is denied or not acted upon with reasonable promptness 
175.27  may appeal the decision under section 256.045, subdivision 3.  
175.28  The application and fair hearing procedures set forth in the 
175.29  administration of community social services rule, Minnesota 
175.30  Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 
175.31  payment issues appealable under this subdivision.  [257.071, 
175.32  subd. 9] 
175.33     Subd. 14.  [RULES; FOSTER CARE FAIR HEARINGS.] The 
175.34  commissioner shall review and, where necessary, revise foster 
175.35  care rules to ensure that the rules provide adequate guidance 
175.36  for implementation of foster care fair hearings, pursuant to 
176.1   section 256.045, subdivision 3, clause (5), that comply with all 
176.2   applicable federal requirements and the requirements of section 
176.3   256.045.  [257.071, subd. 10] 
176.4      Sec. 27.  [260C.213] [CONCURRENT PERMANENCY PLANNING.] 
176.5      Subdivision 1.  [PROGRAM; GOALS.] (a) The commissioner of 
176.6   human services shall establish a program for concurrent 
176.7   permanency planning for child protection services.  
176.8      (b) Concurrent permanency planning involves a planning 
176.9   process for children who are placed out of the home of their 
176.10  parents pursuant to a court order, or who have been voluntarily 
176.11  placed out of the home by the parents for 60 days or more and 
176.12  who are not developmentally disabled or emotionally handicapped 
176.13  under section 212C.212, subdivision 9.  The local social service 
176.14  agency shall develop an alternative permanency plan while making 
176.15  reasonable efforts for reunification of the child with the 
176.16  family, if required by section 260.012.  The goals of concurrent 
176.17  permanency planning are to: 
176.18     (1) achieve early permanency for children; 
176.19     (2) decrease children's length of stay in foster care and 
176.20  reduce the number of moves children experience in foster care; 
176.21  and 
176.22     (3) develop a group of families who will work towards 
176.23  reunification and also serve as permanent families for children. 
176.24     Subd. 2.  [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 
176.25  commissioner shall establish guidelines and protocols for social 
176.26  service agencies involved in concurrent permanency planning, 
176.27  including criteria for conducting concurrent permanency planning 
176.28  based on relevant factors such as: 
176.29     (1) age of the child and duration of out-of-home placement; 
176.30     (2) prognosis for successful reunification with parents; 
176.31     (3) availability of relatives and other concerned 
176.32  individuals to provide support or a permanent placement for the 
176.33  child; and 
176.34     (4) special needs of the child and other factors affecting 
176.35  the child's best interests. 
176.36     In developing the guidelines and protocols, the 
177.1   commissioner shall consult with interest groups within the child 
177.2   protection system, including child protection workers, child 
177.3   protection advocates, county attorneys, law enforcement, 
177.4   community service organizations, the councils of color, and the 
177.5   ombudsperson for families. 
177.6      Subd. 3.  [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 
177.7   permanency planning programs must include involvement of parents 
177.8   and full disclosure of their rights and responsibilities; goals 
177.9   of concurrent permanency planning; support services that are 
177.10  available for families; permanency options; and the consequences 
177.11  of not complying with case plans. 
177.12     Subd. 4.  [TECHNICAL ASSISTANCE.] The commissioner of human 
177.13  services shall provide ongoing technical assistance, support, 
177.14  and training for local social service agencies and other 
177.15  individuals and agencies involved in concurrent permanency 
177.16  planning. 
177.17     Subd. 5.  [AVAILABILITY OF FUNDING.] The requirements of 
177.18  this section relating to concurrent permanency planning are 
177.19  effective only for state fiscal years when aid is distributed 
177.20  under section 256F.05 for concurrent permanency planning. 
177.21  [257.0711] 
177.22     Sec. 28.  [260C.215] [WELFARE OF CHILDREN.] 
177.23     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
177.24  authorized child-placing agency shall make special efforts to 
177.25  recruit a foster family from among the child's relatives, except 
177.26  as authorized in section 260C.193, subdivision 3.  In recruiting 
177.27  placements for each child, the agency must focus on that child's 
177.28  particular needs and the capacities of the particular 
177.29  prospective foster parents to meet those needs.  Each agency 
177.30  shall provide for diligent recruitment of potential foster 
177.31  families that reflect the ethnic and racial diversity of the 
177.32  children in the state for whom foster homes are needed.  Special 
177.33  efforts include contacting and working with community 
177.34  organizations and religious organizations and may include 
177.35  contracting with these organizations, utilizing local media and 
177.36  other local resources, conducting outreach activities, and 
178.1   increasing the number of minority recruitment staff employed by 
178.2   the agency.  The requirement of special efforts to locate 
178.3   relatives in this section is satisfied on the earlier of the 
178.4   following occasions: 
178.5      (1) when the child is placed with a relative who is 
178.6   interested in providing a permanent placement for the child; or 
178.7      (2) when the responsible child-placing agency has made 
178.8   special efforts for six months following the child's placement 
178.9   in a residential facility and the court approves the agency's 
178.10  efforts pursuant to section 260C.201, subdivision 10.  The 
178.11  agency may accept any gifts, grants, offers of services, and 
178.12  other contributions to use in making special recruitment efforts.
178.13  [257.072, subd. 1] 
178.14     Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
178.15  human services shall: 
178.16     (1) in cooperation with child-placing agencies, develop a 
178.17  cost-effective campaign using radio and television to recruit 
178.18  adoptive and foster families that reflect the ethnic and racial 
178.19  diversity of children in the state for whom adoptive and foster 
178.20  homes are needed; and 
178.21     (2) require that agency staff people who work in the area 
178.22  of adoption and foster family recruitment participate in 
178.23  cultural competency training.  [257.072, subd. 2] 
178.24     Subd. 3.  [RECRUITMENT SPECIALIST.] The commissioner shall 
178.25  designate a permanent professional staff position for 
178.26  recruitment of foster and adoptive families.  The recruitment 
178.27  specialist shall provide services to child-placing agencies 
178.28  seeking to recruit adoptive and foster care families and 
178.29  qualified professional staff.  The recruitment specialist shall: 
178.30     (1) develop materials for use by the agencies in training 
178.31  staff; 
178.32     (2) conduct in-service workshops for agency personnel; 
178.33     (3) provide consultation, technical assistance, and other 
178.34  appropriate services to agencies to strengthen and improve 
178.35  service delivery to diverse populations; and 
178.36     (4) conduct workshops for foster care and adoption 
179.1   recruiters to evaluate the effectiveness of techniques for 
179.2   recruiting foster and adoptive families; and 
179.3      (5) perform other duties as assigned by the commissioner to 
179.4   implement the Minnesota Indian Family Preservation Act, sections 
179.5   260.751 to 260.835. 
179.6      The commissioner may contract for portions of these 
179.7   services.  [257.072, subd. 3] 
179.8      Subd. 4.  [CONSULTATION WITH REPRESENTATIVES.] The 
179.9   commissioner of human services, after seeking and considering 
179.10  advice from representatives reflecting diverse populations from 
179.11  the councils established under sections 3.922, 3.9223, 3.9225, 
179.12  and 3.9226, and other state, local, and community organizations 
179.13  shall: 
179.14     (1) review, and where necessary, revise the department of 
179.15  human services social service manual and practice guide to 
179.16  reflect federal and state policy direction on placement of 
179.17  children; 
179.18     (2) develop criteria for determining whether a prospective 
179.19  adoptive or foster family has the ability to understand and 
179.20  validate the child's cultural background; 
179.21     (3) develop a standardized training curriculum for adoption 
179.22  and foster care workers, family-based providers, and 
179.23  administrators who work with children.  Training must address 
179.24  the following objectives: 
179.25     (a) developing and maintaining sensitivity to all cultures; 
179.26     (b) assessing values and their cultural implications; and 
179.27     (c) making individualized decisions that advance the best 
179.28  interests of a particular child under section 260C.212, 
179.29  subdivision 2; 
179.30     (4) develop a training curriculum for family and extended 
179.31  family members of adoptive and foster children.  The curriculum 
179.32  must address issues relating to cross-cultural placements as 
179.33  well as issues that arise after a foster or adoptive placement 
179.34  is made; and 
179.35     (5) develop and provide to agencies an assessment tool to 
179.36  be used in combination with group interviews and other 
180.1   preplacement activities to evaluate prospective adoptive and 
180.2   foster families.  The tool must assess problem-solving skills; 
180.3   identify parenting skills; and evaluate the degree to which the 
180.4   prospective family has the ability to understand and validate 
180.5   the child's cultural background.  [257.072, subd. 4] 
180.6      Subd. 5.  [PLACEMENT REPORTS.] Beginning December 1, 1996, 
180.7   the commissioner shall provide to the Indian affairs council, 
180.8   the council on affairs of Chicano/Latino people, the council on 
180.9   Black Minnesotans, and the council on Asian-Pacific Minnesotans 
180.10  the annual report required under section 257.0725.  [257.072, 
180.11  subd. 5] 
180.12     Subd. 6.  [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 
180.13  authorized child-placing agency must: 
180.14     (1) develop and follow procedures for implementing the 
180.15  requirements of section 260C.193, subdivision 3, and the Indian 
180.16  Child Welfare Act, United States Code, title 25, sections 1901 
180.17  to 1923; 
180.18     (2) have a written plan for recruiting adoptive and foster 
180.19  families that reflect the ethnic and racial diversity of 
180.20  children who are in need of foster and adoptive homes.  The plan 
180.21  must include (a) strategies for using existing resources in 
180.22  diverse communities, (b) use of diverse outreach staff wherever 
180.23  possible, (c) use of diverse foster homes for placements after 
180.24  birth and before adoption, and (d) other techniques as 
180.25  appropriate; 
180.26     (3) have a written plan for training adoptive and foster 
180.27  families; 
180.28     (4) have a written plan for employing staff in adoption and 
180.29  foster care who have the capacity to assess the foster and 
180.30  adoptive parents' ability to understand and validate a child's 
180.31  cultural needs, and to advance the best interests of the child.  
180.32  The plan must include staffing goals and objectives; 
180.33     (5) ensure that adoption and foster care workers attend 
180.34  training offered or approved by the department of human services 
180.35  regarding cultural diversity and the needs of special needs 
180.36  children; and 
181.1      (6) develop and implement procedures for implementing the 
181.2   requirements of the Indian Child Welfare Act and the Minnesota 
181.3   Indian Family Preservation Act. 
181.4      (b) In implementing the requirement to consider relatives 
181.5   for placement, an authorized child-placing agency may disclose 
181.6   private or confidential data, as defined in section 13.02, to 
181.7   relatives of the child for the purpose of locating a suitable 
181.8   placement.  The agency shall disclose only data that is 
181.9   necessary to facilitate implementing the preference.  If a 
181.10  parent makes an explicit request that the relative preference 
181.11  not be followed, the agency shall bring the matter to the 
181.12  attention of the court to determine whether the parent's request 
181.13  is consistent with the best interests of the child and the 
181.14  agency shall not contact relatives unless ordered to do so by 
181.15  the juvenile court; and 
181.16     (c) In determining the suitability of a proposed placement 
181.17  of an Indian child, the standards to be applied must be the 
181.18  prevailing social and cultural standards of the Indian child's 
181.19  community, and the agency shall defer to tribal judgment as to 
181.20  suitability of a particular home when the tribe has intervened 
181.21  pursuant to the Indian Child Welfare Act.  [257.072, subd. 7] 
181.22     Subd. 7.  [REPORTING REQUIREMENTS.] Each authorized 
181.23  child-placing agency shall provide to the commissioner of human 
181.24  services all data needed by the commissioner for the report 
181.25  required by section 257.0725.  The agency shall provide the data 
181.26  within 15 days of the end of the period for which the data is 
181.27  applicable.  [257.072, subd. 8] 
181.28     Subd. 8.  [RULES.] The commissioner of human services shall 
181.29  adopt rules to establish standards for conducting relative 
181.30  searches, recruiting foster and adoptive families, evaluating 
181.31  the role of relative status in the reconsideration of 
181.32  disqualifications under section 245A.04, subdivision 3b, and 
181.33  granting variances of licensing requirements under section 
181.34  245A.04, subdivision 9, in licensing or approving an individual 
181.35  related to a child.  [257.072, subd. 9] 
181.36     Sec. 29.  [260C.301] [TERMINATION OF PARENTAL RIGHTS.] 
182.1      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
182.2   court may upon petition, terminate all rights of a parent to a 
182.3   child: 
182.4      (a) with the written consent of a parent who for good cause 
182.5   desires to terminate parental rights; or 
182.6      (b) if it finds that one or more of the following 
182.7   conditions exist: 
182.8      (1) that the parent has abandoned the child; 
182.9      (2) that the parent has substantially, continuously, or 
182.10  repeatedly refused or neglected to comply with the duties 
182.11  imposed upon that parent by the parent and child relationship, 
182.12  including but not limited to providing the child with necessary 
182.13  food, clothing, shelter, education, and other care and control 
182.14  necessary for the child's physical, mental, or emotional health 
182.15  and development, if the parent is physically and financially 
182.16  able, and reasonable efforts by the social service agency have 
182.17  failed to correct the conditions that formed the basis of the 
182.18  petition; 
182.19     (3) that a parent has been ordered to contribute to the 
182.20  support of the child or financially aid in the child's birth and 
182.21  has continuously failed to do so without good cause.  This 
182.22  clause shall not be construed to state a grounds for termination 
182.23  of parental rights of a noncustodial parent if that parent has 
182.24  not been ordered to or cannot financially contribute to the 
182.25  support of the child or aid in the child's birth; 
182.26     (4) that a parent is palpably unfit to be a party to the 
182.27  parent and child relationship because of a consistent pattern of 
182.28  specific conduct before the child or of specific conditions 
182.29  directly relating to the parent and child relationship either of 
182.30  which are determined by the court to be of a duration or nature 
182.31  that renders the parent unable, for the reasonably foreseeable 
182.32  future, to care appropriately for the ongoing physical, mental, 
182.33  or emotional needs of the child.  It is presumed that a parent 
182.34  is palpably unfit to be a party to the parent and child 
182.35  relationship upon a showing that: 
182.36     (i) the child was adjudicated in need of protection or 
183.1   services due to circumstances described in section 260.015, 
183.2   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
183.3      (ii) the parent's parental rights to one or more other 
183.4   children were involuntarily terminated under clause (1), (2), 
183.5   (4), or (7), or under clause (5) if the child was initially 
183.6   determined to be in need of protection or services due to 
183.7   circumstances described in section 260.015, subdivision 2a, 
183.8   clause (1), (2), (3), (5), or (8); 
183.9      (5) that following upon a determination of neglect or 
183.10  dependency, or of a child's need for protection or services, 
183.11  reasonable efforts, under the direction of the court, have 
183.12  failed to correct the conditions leading to the determination.  
183.13  It is presumed that reasonable efforts under this clause have 
183.14  failed upon a showing that: 
183.15     (i) a child has resided out of the parental home under 
183.16  court order for a cumulative period of more than one year within 
183.17  a five-year period following an adjudication of dependency, 
183.18  neglect, need for protection or services under section 260.015, 
183.19  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
183.20  neglected and in foster care, and an order for disposition under 
183.21  section 260C.201, including adoption of the case plan required 
183.22  by section 260C.212; 
183.23     (ii) conditions leading to the determination will not be 
183.24  corrected within the reasonably foreseeable future.  It is 
183.25  presumed that conditions leading to a child's out-of-home 
183.26  placement will not be corrected in the reasonably foreseeable 
183.27  future upon a showing that the parent or parents have not 
183.28  substantially complied with the court's orders and a reasonable 
183.29  case plan, and the conditions which led to the out-of-home 
183.30  placement have not been corrected; and 
183.31     (iii) reasonable efforts have been made by the social 
183.32  service agency to rehabilitate the parent and reunite the family.
183.33     This clause does not prohibit the termination of parental 
183.34  rights prior to one year after a child has been placed out of 
183.35  the home.  
183.36     It is also presumed that reasonable efforts have failed 
184.1   under this clause upon a showing that: 
184.2      (i) the parent has been diagnosed as chemically dependent 
184.3   by a professional certified to make the diagnosis; 
184.4      (ii) the parent has been required by a case plan to 
184.5   participate in a chemical dependency treatment program; 
184.6      (iii) the treatment programs offered to the parent were 
184.7   culturally, linguistically, and clinically appropriate; 
184.8      (iv) the parent has either failed two or more times to 
184.9   successfully complete a treatment program or has refused at two 
184.10  or more separate meetings with a caseworker to participate in a 
184.11  treatment program; and 
184.12     (v) the parent continues to abuse chemicals.  
184.13  Provided, that this presumption applies only to parents required 
184.14  by a case plan to participate in a chemical dependency treatment 
184.15  program on or after July 1, 1990; 
184.16     (6) that a child has experienced egregious harm in the 
184.17  parent's care which is of a nature, duration, or chronicity that 
184.18  indicates a lack of regard for the child's well-being, such that 
184.19  a reasonable person would believe it contrary to the best 
184.20  interest of the child or of any child to be in the parent's 
184.21  care; 
184.22     (7) that in the case of a child born to a mother who was 
184.23  not married to the child's father when the child was conceived 
184.24  nor when the child was born the person is not entitled to notice 
184.25  of an adoption hearing under section 259.49 and the person has 
184.26  not registered with the fathers' adoption registry under section 
184.27  259.52; 
184.28     (8) that the child is neglected and in foster care; or 
184.29     (9) that the parent has been convicted of a crime listed in 
184.30  section 260.012, paragraph (b), clauses (1) to (3). 
184.31     In an action involving an American Indian child, sections 
184.32  260.751 to 260.835 and the Indian Child Welfare Act, United 
184.33  States Code, title 25, sections 1901 to 1923, control to the 
184.34  extent that the provisions of this section are inconsistent with 
184.35  those laws.  [260.221, subd. 1] 
184.36     Subd. 2.  [EVIDENCE OF ABANDONMENT.] For purposes of 
185.1   subdivision 1, paragraph (b), clause (1): 
185.2      (a) Abandonment is presumed when: 
185.3      (1) the parent has had no contact with the child on a 
185.4   regular basis and not demonstrated consistent interest in the 
185.5   child's well-being for six months and the social service agency 
185.6   has made reasonable efforts to facilitate contact, unless the 
185.7   parent establishes that an extreme financial or physical 
185.8   hardship or treatment for mental disability or chemical 
185.9   dependency or other good cause prevented the parent from making 
185.10  contact with the child.  This presumption does not apply to 
185.11  children whose custody has been determined under chapter 257 or 
185.12  518; or 
185.13     (2) the child is an infant under two years of age and has 
185.14  been deserted by the parent under circumstances that show an 
185.15  intent not to return to care for the child. 
185.16     The court is not prohibited from finding abandonment in the 
185.17  absence of the presumptions in clauses (1) and (2). 
185.18     (b) The following are prima facie evidence of abandonment 
185.19  where adoption proceedings are pending and there has been a 
185.20  showing that the person was not entitled to notice of an 
185.21  adoption proceeding under section 259.49: 
185.22     (1) failure to register with the fathers' adoption registry 
185.23  under section 259.52; or 
185.24     (2) if the person registered with the fathers' adoption 
185.25  registry under section 259.52: 
185.26     (i) filing a denial of paternity within 30 days of receipt 
185.27  of notice under section 259.52, subdivision 8; 
185.28     (ii) failing to timely file an intent to claim parental 
185.29  rights with entry of appearance form within 30 days of receipt 
185.30  of notice under section 259.52, subdivision 10; or 
185.31     (iii) timely filing an intent to claim parental rights with 
185.32  entry of appearance form within 30 days of receipt of notice 
185.33  under section 259.52, subdivision 10, but failing to initiate a 
185.34  paternity action within 30 days of receiving the fathers' 
185.35  adoption registry notice where there has been no showing of good 
185.36  cause for the delay.  [260.221, subd. 1a] 
186.1      Subd. 3.  [ADOPTIVE PARENT.] For purposes of subdivision 1, 
186.2   clause (a), an adoptive parent may not terminate parental rights 
186.3   to an adopted child for a reason that would not apply to a birth 
186.4   parent seeking termination of parental rights to a child under 
186.5   subdivision 1, clause (a).  [260.221, subd. 2] 
186.6      Subd. 4.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
186.7   subdivision 1, clause (b), no prior judicial finding of 
186.8   dependency, neglect, need for protection or services, or 
186.9   neglected and in foster care is required, except as provided in 
186.10  subdivision 1, clause (b), item (5).  [260.221, subd. 3] 
186.11     Subd. 5.  [BEST INTERESTS OF CHILD PARAMOUNT.] In any 
186.12  proceeding under this section, the best interests of the child 
186.13  must be the paramount consideration, provided that the 
186.14  conditions in subdivision 1, clause (a), or at least one 
186.15  condition in subdivision 1, clause (b), are found by the court.  
186.16  In proceedings involving an American Indian child, as defined in 
186.17  section 260.755, subdivision 8, the best interests of the child 
186.18  must be determined consistent with the Indian Child Welfare Act 
186.19  of 1978, United States Code, title 25, section 1901, et seq.  
186.20  Where the interests of parent and child conflict, the interests 
186.21  of the child are paramount.  [260.221, subd. 4] 
186.22     Subd. 6.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
186.23  proceeding under this section, the court shall make specific 
186.24  findings: 
186.25     (1) regarding the nature and extent of efforts made by the 
186.26  social service agency to rehabilitate the parent and reunite the 
186.27  family; 
186.28     (2) that provision of services or further services for the 
186.29  purpose of rehabilitation and reunification is futile and 
186.30  therefore unreasonable under the circumstances; or 
186.31     (3) that reunification is not required because the parent 
186.32  has been convicted of a crime listed in section 260.012, 
186.33  paragraph (b), clauses (1) to (3).  [260.221, subd. 5] 
186.34     Sec. 30.  [260C.303] [VENUE.] 
186.35     Venue for proceedings for the termination of parental 
186.36  rights is either the county where the child resides or is found. 
187.1   However, if a court has made an order under the provisions of 
187.2   section 260C.201, and the order is in force at the time a 
187.3   petition for termination of parental rights is filed, the court 
187.4   making the order shall hear the termination of parental rights 
187.5   proceeding unless it transfers the proceeding in the manner 
187.6   provided in section 260C.121, subdivision 2.  [260.225] 
187.7      Sec. 31.  [260C.307] [PROCEDURES IN TERMINATING PARENTAL 
187.8   RIGHTS.] 
187.9      Subdivision 1.  [WHO MAY PETITION.] Any reputable person, 
187.10  including but not limited to any agent of the commissioner of 
187.11  human services, having knowledge of circumstances which indicate 
187.12  that the rights of a parent to a child should be terminated, may 
187.13  petition the juvenile court in the manner provided in section 
187.14  260C.141, subdivisions 4 and 5.  [260.231, subd. 1] 
187.15     Subd. 2.  [HEARING REQUIREMENT.] The termination of 
187.16  parental rights under the provisions of section 260C.301, shall 
187.17  be made only after a hearing before the court, in the manner 
187.18  provided in section 260C.163.  [260.231, subd. 2] 
187.19     Subd. 3.  [NOTICE.] The court shall have notice of the 
187.20  time, place, and purpose of the hearing served on the parents, 
187.21  as defined in sections 257.51 to 257.74 or 259.49, subdivision 
187.22  1, clause (2), and upon the child's grandparent if the child has 
187.23  lived with the grandparent within the two years immediately 
187.24  preceding the filing of the petition.  Notice must be served in 
187.25  the manner provided in sections 260C.151 and 260C.152, except 
187.26  that personal service shall be made at least ten days before the 
187.27  day of the hearing.  Published notice shall be made for three 
187.28  weeks, the last publication to be at least ten days before the 
187.29  day of the hearing; and notice sent by certified mail shall be 
187.30  mailed at least 20 days before the day of the hearing.  A parent 
187.31  who consents to the termination of parental rights under the 
187.32  provisions of section 260C.301, subdivision 2, clause (a), may 
187.33  waive in writing the notice required by this subdivision; 
187.34  however, if the parent is a minor or incompetent the waiver 
187.35  shall be effective only if the parent's guardian ad litem 
187.36  concurs in writing.  [260.231, subd. 3] 
188.1      Subd. 4.  [CONSENT.] No parental rights of a minor or 
188.2   incompetent parent may be terminated on consent of the parents 
188.3   under the provisions of section 260C.301, subdivision 2, clause 
188.4   (a), unless the guardian ad litem, in writing, joins in the 
188.5   written consent of the parent to the termination of parental 
188.6   rights.  [260.231, subd. 4] 
188.7      Sec. 32.  [260C.312] [DISPOSITION; PARENTAL RIGHTS NOT 
188.8   TERMINATED.] 
188.9      If, after a hearing, the court does not terminate parental 
188.10  rights but determines that the child is in need of protection or 
188.11  services, or that the child is neglected and in foster care, the 
188.12  court may find the child is in need of protection or services or 
188.13  neglected and in foster care and may enter an order in 
188.14  accordance with the provisions of section 260C.201.  [260.235] 
188.15     Sec. 33.  [260C.317] [TERMINATION OF PARENTAL RIGHTS; 
188.16  EFFECT.] 
188.17     Subdivision 1.  [TERMINATION.] If, after a hearing, the 
188.18  court finds by clear and convincing evidence that one or more of 
188.19  the conditions set out in section 260C.301 exist, it may 
188.20  terminate parental rights.  Upon the termination of parental 
188.21  rights all rights, powers, privileges, immunities, duties, and 
188.22  obligations, including any rights to custody, control, 
188.23  visitation, or support existing between the child and parent 
188.24  shall be severed and terminated and the parent shall have no 
188.25  standing to appear at any further legal proceeding concerning 
188.26  the child.  Provided, however, that a parent whose parental 
188.27  rights are terminated: 
188.28     (1) shall remain liable for the unpaid balance of any 
188.29  support obligation owed under a court order upon the effective 
188.30  date of the order terminating parental rights; and 
188.31     (2) may be a party to a communication or contact agreement 
188.32  under section 259.58.  [260.241, subd. 1] 
188.33     Subd. 2.  [ORDER.] An order terminating the parent and 
188.34  child relationship shall not disentitle a child to any benefit 
188.35  due the child from any third person, agency, state, or the 
188.36  United States, nor shall any action under this section be deemed 
189.1   to affect any rights and benefits that a child derives from the 
189.2   child's descent from a member of a federally recognized Indian 
189.3   tribe.  [260.241, subd. 2] 
189.4      Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
189.5   certified copy of the findings and the order terminating 
189.6   parental rights, and a summary of the court's information 
189.7   concerning the child shall be furnished by the court to the 
189.8   commissioner or the agency to which guardianship is 
189.9   transferred.  The orders shall be on a document separate from 
189.10  the findings.  The court shall furnish the individual to whom 
189.11  guardianship is transferred a copy of the order terminating 
189.12  parental rights. 
189.13     (b) The court shall retain jurisdiction in a case where 
189.14  adoption is the intended permanent placement disposition.  The 
189.15  guardian ad litem and counsel for the child shall continue on 
189.16  the case until an adoption decree is entered.  A hearing must be 
189.17  held every 90 days following termination of parental rights for 
189.18  the court to review progress toward an adoptive placement and 
189.19  the specific recruitment efforts the agency has taken to find an 
189.20  adoptive family or other placement living arrangement for the 
189.21  child and to finalize the adoption or other permanency plan. 
189.22     (c) The court shall retain jurisdiction in a case where 
189.23  long-term foster care is the permanent disposition.  The 
189.24  guardian ad litem and counsel for the child must be dismissed 
189.25  from the case on the effective date of the permanent placement 
189.26  order.  However, the foster parent and the child, if of 
189.27  sufficient age, must be informed how they may contact a guardian 
189.28  ad litem if the matter is subsequently returned to court. 
189.29  [260.241, subd. 3] 
189.30     Subd. 4.  [RIGHTS OF TERMINATED PARENT.] Upon entry of an 
189.31  order terminating the parental rights of any person who is 
189.32  identified as a parent on the original birth certificate of the 
189.33  child as to whom the parental rights are terminated, the court 
189.34  shall cause written notice to be made to that person setting 
189.35  forth: 
189.36     (a) The right of the person to file at any time with the 
190.1   state registrar of vital statistics a consent to disclosure, as 
190.2   defined in section 144.212, subdivision 11; 
190.3      (b) The right of the person to file at any time with the 
190.4   state registrar of vital statistics an affidavit stating that 
190.5   the information on the original birth certificate shall not be 
190.6   disclosed as provided in section 144.1761; 
190.7      (c) The effect of a failure to file either a consent to 
190.8   disclosure, as defined in section 144.212, subdivision 11, or an 
190.9   affidavit stating that the information on the original birth 
190.10  certificate shall not be disclosed.  [260.241, subd. 4] 
190.11     Sec. 34.  [260C.325] [GUARDIAN.] 
190.12     Subdivision 1.  [TRANSFER OF CUSTODY.] If the court 
190.13  terminates parental rights of both parents or of the only known 
190.14  living parent, the court shall order the guardianship and the 
190.15  legal custody of the child transferred to:  
190.16     (a) The commissioner of human services; or 
190.17     (b) A licensed child-placing agency; or 
190.18     (c) An individual who is willing and capable of assuming 
190.19  the appropriate duties and responsibilities to the child.  
190.20  [260.242, subd. 1] 
190.21     Subd. 2.  [PROTECTION OF HERITAGE OR BACKGROUND.] In 
190.22  ordering guardianship and transferring legal custody of the 
190.23  child to an individual under this section, the court shall 
190.24  comply with the provisions of section 260C.193, subdivision 3.  
190.25  [260.242, subd. 1a] 
190.26     Subd. 3.  [BOTH PARENTS DECEASED.] If upon petition to the 
190.27  juvenile court by a reputable person, including but not limited 
190.28  to an agent of the commissioner of human services, and upon 
190.29  hearing in the manner provided in section 260C.163, the court 
190.30  finds that both parents are deceased and no appointment has been 
190.31  made or petition for appointment filed pursuant to sections 
190.32  525.615 to 525.6185, the court shall order the guardianship and 
190.33  legal custody of the child transferred to:  
190.34     (a) the commissioner of human services; 
190.35     (b) a licensed child-placing agency; or 
190.36     (c) an individual who is willing and capable of assuming 
191.1   the appropriate duties and responsibilities to the child.  
191.2   [260.242, subd. 1b] 
191.3      Subd. 4.  [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 
191.4   appointed under the provisions of this section has legal custody 
191.5   of a ward unless the court which appoints the guardian gives 
191.6   legal custody to some other person.  If the court awards custody 
191.7   to a person other than the guardian, the guardian nonetheless 
191.8   has the right and responsibility of reasonable visitation, 
191.9   except as limited by court order.  
191.10     (b) The guardian may make major decisions affecting the 
191.11  person of the ward, including but not limited to giving consent 
191.12  (when consent is legally required) to the marriage, enlistment 
191.13  in the armed forces, medical, surgical, or psychiatric 
191.14  treatment, or adoption of the ward.  When, pursuant to this 
191.15  section, the commissioner of human services is appointed 
191.16  guardian, the commissioner may delegate to the local social 
191.17  services agency of the county in which, after the appointment, 
191.18  the ward resides, the authority to act for the commissioner in 
191.19  decisions affecting the person of the ward, including but not 
191.20  limited to giving consent to the marriage, enlistment in the 
191.21  armed forces, medical, surgical, or psychiatric treatment of the 
191.22  ward. 
191.23     (c) A guardianship created under the provisions of this 
191.24  section shall not of itself include the guardianship of the 
191.25  estate of the ward.  
191.26     (d) If the ward is in foster care, the court shall, upon 
191.27  its own motion or that of the guardian, conduct a dispositional 
191.28  hearing within 18 months of the child's initial foster care 
191.29  placement and once every 12 months thereafter to determine the 
191.30  future status of the ward including, but not limited to, whether 
191.31  the child should be continued in foster care for a specified 
191.32  period, should be placed for adoption, or should, because of the 
191.33  child's special needs or circumstances, be continued in foster 
191.34  care on a long-term basis.  [260.242, subd. 2] 
191.35     Sec. 35.  [260C.328] [CHANGE OF GUARDIAN; TERMINATION OF 
191.36  GUARDIANSHIP.] 
192.1      Upon its own motion or upon petition of an interested 
192.2   party, the juvenile court having jurisdiction of the child may, 
192.3   after notice to the parties and a hearing, remove the guardian 
192.4   appointed by the juvenile court and appoint a new guardian in 
192.5   accordance with the provisions of section 260C.325, subdivision 
192.6   1, clause (a), (b), or (c).  Upon a showing that the child is 
192.7   emancipated, the court may discharge the guardianship.  Any 
192.8   child 14 years of age or older who is not adopted but who is 
192.9   placed in a satisfactory foster home, may, with the consent of 
192.10  the foster parents, join with the guardian appointed by the 
192.11  juvenile court in a petition to the court having jurisdiction of 
192.12  the child to discharge the existing guardian and appoint the 
192.13  foster parents as guardians of the child.  The authority of a 
192.14  guardian appointed by the juvenile court terminates when the 
192.15  individual under guardianship is no longer a minor or when 
192.16  guardianship is otherwise discharged.  [260.245] 
192.17     Sec. 36.  [260C.331] [COSTS OF CARE.] 
192.18     Subdivision 1.  [CARE, EXAMINATION, OR TREATMENT.] (a) 
192.19  Except where parental rights are terminated, 
192.20     (1) whenever legal custody of a child is transferred by the 
192.21  court to a local social services agency, or 
192.22     (2) whenever legal custody is transferred to a person other 
192.23  than the local social services agency, but under the supervision 
192.24  of the local social services agency, 
192.25     (3) whenever a child is given physical or mental 
192.26  examinations or treatment under order of the court, and no 
192.27  provision is otherwise made by law for payment for the care, 
192.28  examination, or treatment of the child, these costs are a charge 
192.29  upon the welfare funds of the county in which proceedings are 
192.30  held upon certification of the judge of juvenile court. 
192.31     (b) The court shall order, and the local social services 
192.32  agency shall require, the parents or custodian of a child, while 
192.33  the child is under the age of 18, to use the total income and 
192.34  resources attributable to the child for the period of care, 
192.35  examination, or treatment, except for clothing and personal 
192.36  needs allowance as provided in section 256B.35, to reimburse the 
193.1   county for the cost of care, examination, or treatment.  Income 
193.2   and resources attributable to the child include, but are not 
193.3   limited to, social security benefits, supplemental security 
193.4   income (SSI), veterans benefits, railroad retirement benefits 
193.5   and child support.  When the child is over the age of 18, and 
193.6   continues to receive care, examination, or treatment, the court 
193.7   shall order, and the local social services agency shall require, 
193.8   reimbursement from the child for the cost of care, examination, 
193.9   or treatment from the income and resources attributable to the 
193.10  child less the clothing and personal needs allowance.  
193.11     (c) If the income and resources attributable to the child 
193.12  are not enough to reimburse the county for the full cost of the 
193.13  care, examination, or treatment, the court shall inquire into 
193.14  the ability of the parents to support the child and, after 
193.15  giving the parents a reasonable opportunity to be heard, the 
193.16  court shall order, and the local social services agency shall 
193.17  require, the parents to contribute to the cost of care, 
193.18  examination, or treatment of the child.  When determining the 
193.19  amount to be contributed by the parents, the court shall use a 
193.20  fee schedule based upon ability to pay that is established by 
193.21  the local social services agency and approved by the 
193.22  commissioner of human services.  The income of a stepparent who 
193.23  has not adopted a child shall be excluded in calculating the 
193.24  parental contribution under this section. 
193.25     (d) The court shall order the amount of reimbursement 
193.26  attributable to the parents or custodian, or attributable to the 
193.27  child, or attributable to both sources, withheld under chapter 
193.28  518 from the income of the parents or the custodian of the 
193.29  child.  A parent or custodian who fails to pay without good 
193.30  reason may be proceeded against for contempt, or the court may 
193.31  inform the county attorney, who shall proceed to collect the 
193.32  unpaid sums, or both procedures may be used. 
193.33     (e) If the court orders a physical or mental examination 
193.34  for a child, the examination is a medically necessary service 
193.35  for purposes of determining whether the service is covered by a 
193.36  health insurance policy, health maintenance contract, or other 
194.1   health coverage plan.  Court-ordered treatment shall be subject 
194.2   to policy, contract, or plan requirements for medical 
194.3   necessity.  Nothing in this paragraph changes or eliminates 
194.4   benefit limits, conditions of coverage, copayments or 
194.5   deductibles, provider restrictions, or other requirements in the 
194.6   policy, contract, or plan that relate to coverage of other 
194.7   medically necessary services.  [260.251, subd.1 (omitting 
194.8   delinquency-related text)] 
194.9      Subd. 2.  [COST OF GROUP FOSTER CARE.] Whenever a child is 
194.10  placed in a group foster care facility as provided in section 
194.11  260C.201, subdivision 1, paragraph (b), clause (2) or (3), the 
194.12  cost of providing the care shall, upon certification by the 
194.13  juvenile court, be paid from the welfare fund of the county in 
194.14  which the proceedings were held.  To reimburse the counties for 
194.15  the costs of promoting the establishment of suitable group 
194.16  foster homes, the state shall quarterly, from funds appropriated 
194.17  for that purpose, reimburse counties 50 percent of the costs not 
194.18  paid by federal and other available state aids and grants.  
194.19  Reimbursement shall be prorated if the appropriation is 
194.20  insufficient. 
194.21     The commissioner of corrections shall establish procedures 
194.22  for reimbursement and certify to the commissioner of finance 
194.23  each county entitled to receive state aid under the provisions 
194.24  of this subdivision.  Upon receipt of a certificate the 
194.25  commissioner of finance shall issue a state warrant to the 
194.26  county treasurer for the amount due, together with a copy of the 
194.27  certificate prepared by the commissioner of corrections.  
194.28  [260.251, subd. 1a] 
194.29     Subd. 3.  [COURT EXPENSES.] The following expenses are a 
194.30  charge upon the county in which proceedings are held upon 
194.31  certification of the judge of juvenile court or upon such other 
194.32  authorization provided by law: 
194.33     (a) The fees and mileage of witnesses, and the expenses and 
194.34  mileage of officers serving notices and subpoenas ordered by the 
194.35  court, as prescribed by law. 
194.36     (b) The expenses for travel and board of the juvenile court 
195.1   judge when holding court in places other than the county seat. 
195.2      (c) The expense of transporting a child to a place 
195.3   designated by a child-placing agency for the care of the child 
195.4   if the court transfers legal custody to a child-placing agency.  
195.5      (d) The expense of transporting a minor to a place 
195.6   designated by the court.  
195.7      (e) Reasonable compensation for an attorney appointed by 
195.8   the court to serve as counsel or guardian ad litem.  [260.251, 
195.9   subd. 2] 
195.10     Subd. 4.  [LEGAL SETTLEMENT.] The county charged with the 
195.11  costs and expenses under subdivisions 1 and 3 may recover these 
195.12  costs and expenses from the county where the minor has legal 
195.13  settlement for general assistance purposes by filing verified 
195.14  claims which shall be payable as are other claims against the 
195.15  county.  A detailed statement of the facts upon which the claim 
195.16  is based shall accompany the claim.  If a dispute relating to 
195.17  general assistance settlement arises, the local social services 
195.18  agency of the county denying legal settlement shall send a 
195.19  detailed statement of the facts upon which the claim is denied 
195.20  together with a copy of the detailed statement of the facts upon 
195.21  which the claim is based to the commissioner of human services.  
195.22  The commissioner shall immediately investigate and determine the 
195.23  question of general assistance settlement and shall certify 
195.24  findings to the local social services agency of each county.  
195.25  The decision of the commissioner is final and shall be complied 
195.26  with unless, within 30 days thereafter, action is taken in 
195.27  district court as provided in section 256.045.  [260.251, subd. 
195.28  3] 
195.29     Subd. 5.  [ATTORNEYS FEES.] In proceedings in which the 
195.30  court has appointed counsel pursuant to section 260C.163, 
195.31  subdivision 3, for a minor unable to employ counsel, the court 
195.32  may inquire into the ability of the parents to pay for such 
195.33  counsel's services and, after giving the parents a reasonable 
195.34  opportunity to be heard, may order the parents to pay attorneys 
195.35  fees.  [260.251, subd. 4] 
195.36     Subd. 6.  [GUARDIAN AD LITEM FEES.] In proceedings in which 
196.1   the court appoints a guardian ad litem pursuant to section 
196.2   260C.163, subdivision 5, clause (a), the court may inquire into 
196.3   the ability of the parents to pay for the guardian ad litem's 
196.4   services and, after giving the parents a reasonable opportunity 
196.5   to be heard, may order the parents to pay guardian fees.  
196.6   [260.251, subd. 5] 
196.7      Sec. 37.  [260C.335] [CIVIL JURISDICTION OVER PERSONS 
196.8   CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES; COURT ORDERS.] 
196.9      Subdivision 1.  [JURISDICTION.] The juvenile court has 
196.10  civil jurisdiction over persons contributing to the need for 
196.11  protection or services of a child under the provisions of this 
196.12  section.  [260.255, subd. 1 (omitting delinquency-related text)] 
196.13     Subd. 2.  [PETITION; ORDER TO SHOW CAUSE.] A request for 
196.14  jurisdiction over a person described in subdivision 1 shall be 
196.15  initiated by the filing of a verified petition by the county 
196.16  attorney having jurisdiction over the place where the child is 
196.17  found, resides, or where the alleged act of contributing 
196.18  occurred.  A prior or pending petition alleging that the child 
196.19  is in need of protection or services is not a prerequisite to a 
196.20  petition under this section.  The petition shall allege the 
196.21  factual basis for the claim that the person is contributing to 
196.22  the child's need for protection or services.  If the court 
196.23  determines, upon review of the verified petition, that probable 
196.24  cause exists to believe that the person has contributed to the 
196.25  child's need for protection or services, the court shall issue 
196.26  an order to show cause why the person should not be subject to 
196.27  the jurisdiction of the court.  The order to show cause and a 
196.28  copy of the verified petition shall be served personally upon 
196.29  the person and shall set forth the time and place of the hearing 
196.30  to be conducted under subdivision 3.  [260.255, subd. 1a 
196.31  (omitting delinquency-related text)] 
196.32     Subd. 3.  [HEARING.] (a) The court shall conduct a hearing 
196.33  on the petition in accordance with the procedures contained in 
196.34  paragraph (b).  
196.35     (b) Hearings under this subdivision shall be without a jury.
196.36  The rules of evidence promulgated pursuant to section 480.0591 
197.1   and the provisions under section 260.156 shall apply.  In all 
197.2   proceedings under this section, the court shall admit only 
197.3   evidence that would be admissible in a civil trial.  When the 
197.4   respondent is an adult, hearings under this subdivision shall be 
197.5   open to the public.  Hearings shall be conducted within five 
197.6   days of personal service of the order to show cause and may be 
197.7   continued for a reasonable period of time if a continuance is in 
197.8   the best interest of the child or in the interests of justice. 
197.9      (c) At the conclusion of the hearing, if the court finds by 
197.10  a fair preponderance of the evidence that the person has 
197.11  contributed to the child's need for protection or services, as 
197.12  defined in section 260C.425, the court may make any of the 
197.13  following orders: 
197.14     (1) restrain the person from any further act or omission in 
197.15  violation of section 260C.425; 
197.16     (2) prohibit the person from associating or communicating 
197.17  in any manner with the child; 
197.18     (3) require the person to participate in evaluation or 
197.19  services determined necessary by the court to correct the 
197.20  conditions that contributed to the child's need for protection 
197.21  or services; 
197.22     (4) require the person to provide supervision, treatment, 
197.23  or other necessary care; 
197.24     (5) require the person to pay restitution to a victim for 
197.25  pecuniary damages arising from an act of the child relating to 
197.26  the child's need for protection or services; 
197.27     (6) require the person to pay the cost of services provided 
197.28  to the child or for the child's protection; or 
197.29     (7) require the person to provide for the child's 
197.30  maintenance or care if the person is responsible for the 
197.31  maintenance or care, and direct when, how, and where money for 
197.32  the maintenance or care shall be paid.  If the person is 
197.33  receiving public assistance for the child's maintenance or care, 
197.34  the court shall authorize the public agency responsible for 
197.35  administering the public assistance funds to make payments 
197.36  directly to vendors for the cost of food, shelter, medical care, 
198.1   utilities, and other necessary expenses.  
198.2      (d) An order issued under this section shall be for a fixed 
198.3   period of time, not to exceed one year.  The order may be 
198.4   renewed or modified prior to expiration upon notice and motion 
198.5   when there has not been compliance with the court's order or the 
198.6   order continues to be necessary to eliminate the contributing 
198.7   behavior or to mitigate its effect on the child.  [260.255, 
198.8   subd. 2 (omitting delinquency-related text)] 
198.9      Subd. 3.  [CRIMINAL PROCEEDINGS.] The county attorney may 
198.10  bring both a criminal proceeding under section 260C.425 and a 
198.11  civil action under this section.  [260.255, subd. 3] 
198.12     Sec. 38.  [260C.401] [JURISDICTION OF CERTAIN JUVENILE 
198.13  COURTS OVER OFFENSE OF CONTRIBUTING TO NEGLECT.] 
198.14     In counties having a population of over 200,000 the 
198.15  juvenile court has jurisdiction of the offenses described in 
198.16  section 260C.425.  Prosecutions hereunder shall be begun by 
198.17  complaint duly verified and filed in the juvenile court of the 
198.18  county.  The court may impose conditions upon a defendant who is 
198.19  found guilty and, so long as the defendant complies with these 
198.20  conditions to the satisfaction of the court, the sentence 
198.21  imposed may be suspended.  [260.261] 
198.22     Sec. 39.  [260C.405] [VIOLATION OF AN ORDER FOR 
198.23  PROTECTION.] 
198.24     Subdivision 1.  [VIOLATION; PENALTY.] Whenever an order for 
198.25  protection is granted pursuant to section 260C.148 or 260C.201, 
198.26  subdivision 3, restraining the person or excluding the person 
198.27  from the residence, and the respondent or person to be 
198.28  restrained knows of the order, violation of the order for 
198.29  protection is a misdemeanor.  [260.271, subd. 1] 
198.30     Subd. 2.  [ARREST.] A peace officer shall arrest without a 
198.31  warrant and take into custody a person whom the peace officer 
198.32  has probable cause to believe has violated an order granted 
198.33  pursuant to section 260C.148 or 260C.201, subdivision 3, 
198.34  restraining the person or excluding the person from the 
198.35  residence, if the existence of the order can be verified by the 
198.36  officer.  [260.271, subd. 2] 
199.1      Subd. 3.  [CONTEMPT.] A violation of an order for 
199.2   protection shall also constitute contempt of court and the 
199.3   person violating the order shall be subject to the penalties for 
199.4   contempt.  [260.271, subd. 3] 
199.5      Subd. 4.  [ORDER TO SHOW CAUSE.] Upon the filing of an 
199.6   affidavit by the agency or any peace officer, alleging that the 
199.7   respondent has violated an order for protection granted pursuant 
199.8   to section 260C.148 or 260C.201, subdivision 3, the court may 
199.9   issue an order to the respondent, requiring the respondent to 
199.10  appear and show cause within 14 days why the respondent should 
199.11  not be found in contempt of court.  The hearing may be held by 
199.12  the court in any county in which the child or respondent 
199.13  temporarily or permanently resides at the time of the alleged 
199.14  violation.  
199.15     A peace officer is not liable under section 609.43, clause 
199.16  (1), for failure to perform a duty required by subdivision 2.  
199.17  [260.271, subd. 4] 
199.18     Sec. 40.  [260C.411] [NEW EVIDENCE.] 
199.19     A child whose status has been adjudicated by a juvenile 
199.20  court, or the child's parent, guardian, custodian or spouse may, 
199.21  at any time within 15 days of the filing of the court's order, 
199.22  petition the court for a rehearing on the ground that new 
199.23  evidence has been discovered affecting the advisability of the 
199.24  court's original adjudication or disposition.  Upon a showing 
199.25  that such evidence does exist the court shall order that a new 
199.26  hearing be held within 30 days, unless the court extends this 
199.27  time period for good cause shown within the 30-day period, and 
199.28  shall make such disposition of the case as the facts and the 
199.29  best interests of the child warrant.  [260.281] 
199.30     Sec. 41.  [260C.415] [APPEAL.] 
199.31     Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] An 
199.32  appeal may be taken by the aggrieved person from a final order 
199.33  of the juvenile court affecting a substantial right of the 
199.34  aggrieved person, including but not limited to an order 
199.35  adjudging a child to be in need of protection or services, 
199.36  neglected and in foster care.  The appeal shall be taken within 
200.1   30 days of the filing of the appealable order.  The court 
200.2   administrator shall notify the person having legal custody of 
200.3   the minor of the appeal.  Failure to notify the person having 
200.4   legal custody of the minor shall not affect the jurisdiction of 
200.5   the appellate court.  The order of the juvenile court shall 
200.6   stand, pending the determination of the appeal, but the 
200.7   reviewing court may in its discretion and upon application stay 
200.8   the order. [260.291, subd. 1 (omitting delinquency-related 
200.9   text)] 
200.10     Subd. 2.  [APPEAL.] The appeal from a juvenile court is 
200.11  taken to the court of appeals as in civil cases, except as 
200.12  provided in subdivision 1.  [260.291, subd. 2] 
200.13     Sec. 42.  [260C.421] [CONTEMPT.] 
200.14     Any person knowingly interfering with an order of the 
200.15  juvenile court is in contempt of court.  However, a child who is 
200.16  under the continuing jurisdiction of the court for reasons other 
200.17  than having committed a delinquent act or a juvenile petty 
200.18  offense may not be adjudicated as a delinquent solely on the 
200.19  basis of having knowingly interfered with or disobeyed an order 
200.20  of the court.  [260.301] 
200.21     Sec. 43.  [260C.425] [CRIMINAL JURISDICTION FOR 
200.22  CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES.] 
200.23     Subdivision 1.  [CRIMES.] (a) Any person who by act, word, 
200.24  or omission encourages, causes, or contributes to the need for 
200.25  protection or services is guilty of a gross misdemeanor.  
200.26     (b) This section does not apply to licensed social service 
200.27  agencies and outreach workers who, while acting within the scope 
200.28  of their professional duties, provide services to runaway 
200.29  children.  [260.315, subd. 1 (omitting delinquency-related 
200.30  text)] 
200.31     Subd. 2.  [COMPLAINT; VENUE.] A complaint under this 
200.32  section may be filed by the county attorney having jurisdiction 
200.33  where the child is found, resides, or where the alleged act of 
200.34  contributing occurred.  The complaint may be filed in either the 
200.35  juvenile or criminal divisions of the district court.  A prior 
200.36  or pending petition alleging that the child is delinquent, a 
201.1   juvenile petty offender, or in need of protection or services is 
201.2   not a prerequisite to a complaint or a conviction under this 
201.3   section.  [260.315, subd. 2] 
201.4      Subd. 3.  [AFFIRMATIVE DEFENSE.] If the child's conduct is 
201.5   the basis for the child's need for protection services, it is an 
201.6   affirmative defense to a prosecution under subdivision 1 if the 
201.7   defendant proves, by a preponderance of the evidence, that the 
201.8   defendant took reasonable steps to control the child's conduct.  
201.9   [260.315, subd. 3 (omitting delinquency-related text)] 
201.10     Sec. 44.  [260C.431] [TESTS, EXAMINATIONS.] 
201.11     Thereafter it shall be the duty of the commissioner of 
201.12  human services through the bureau of child welfare and local 
201.13  social services agencies to arrange for such tests, 
201.14  examinations, and investigations as are necessary for the proper 
201.15  diagnosis, classification, treatment, care, and disposition of 
201.16  the child as necessity and the best interests of the child shall 
201.17  from time to time require.  When it appears that a child found 
201.18  to be in need of protection or services is sound of mind, free 
201.19  from disease, and suitable for placement in a foster home for 
201.20  care or adoption, the commissioner may so place the child or 
201.21  delegate such duties to a child-placing agency accredited as 
201.22  provided by law, or authorize the child's care in the county by 
201.23  and under the supervision of the local social services agency.  
201.24  [260.35] 
201.25     Sec. 45.  [260C.435] [SPECIAL PROVISIONS IN CERTAIN CASES.] 
201.26     When the commissioner of human services shall find that a 
201.27  child transferred to the commissioner's guardianship after 
201.28  parental rights to the child are terminated or that a child 
201.29  committed to the commissioner's guardianship as a child in need 
201.30  of protection or services is handicapped physically or whose 
201.31  mentality has not been satisfactorily determined or who is 
201.32  affected by habits, ailments, or handicaps that produce erratic 
201.33  and unstable conduct, and is not suitable or desirable for 
201.34  placement in a home for permanent care or adoption, the 
201.35  commissioner of human services shall make special provision for 
201.36  the child's care and treatment designed to the child, if 
202.1   possible, for such placement or to become self-supporting.  The 
202.2   facilities of the commissioner of human services and all state 
202.3   treatment facilities, the Minnesota general hospital, and the 
202.4   child guidance clinic of its psychopathic department, as well as 
202.5   the facilities available through reputable clinics, private 
202.6   child-caring agencies, and foster boarding homes, accredited as 
202.7   provided by law, may be used as the particular needs of the 
202.8   child may demand.  When it appears that the child is suitable 
202.9   for permanent placement or adoption, the commissioner of human 
202.10  services shall cause the child to be placed as provided in 
202.11  section 260C.431.  If the commissioner of human services is 
202.12  satisfied that the child is mentally retarded the commissioner 
202.13  may bring the child before the district court of the county 
202.14  where the child is found or the county of the child's legal 
202.15  settlement for examination and commitment as provided by law.  
202.16  [260.36] 
202.17     Sec. 46.  [260C.441] [COST, PAYMENT.] 
202.18     In addition to the usual care and services given by public 
202.19  and private agencies, the necessary cost incurred by the 
202.20  commissioner of human services in providing care for such child 
202.21  shall be paid by the county committing such child which, subject 
202.22  to uniform rules established by the commissioner of human 
202.23  services, may receive a reimbursement not exceeding one-half of 
202.24  such costs from funds made available for this purpose by the 
202.25  legislature during the period beginning July 1, 1985, and ending 
202.26  December 31, 1985.  Beginning January 1, 1986, the necessary 
202.27  cost incurred by the commissioner of human services in providing 
202.28  care for the child must be paid by the county committing the 
202.29  child.  Where such child is eligible to receive a grant of aid 
202.30  to families with dependent children, Minnesota family investment 
202.31  program-statewide or supplemental security income for the aged, 
202.32  blind, and disabled, or a foster care maintenance payment under 
202.33  title IV-E of the Social Security Act, United States Code, title 
202.34  42, sections 670 to 676, the child's needs shall be met through 
202.35  these programs.  [260.38] 
202.36     Sec. 47.  [260C.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 
203.1   ASSISTANCE FURNISHED.] 
203.2      When any amount shall be recovered from any source for 
203.3   assistance furnished under the provisions of sections 260C.001 
203.4   to 260C.421, 260C.431, 260C.435, and 260C.441, there shall be 
203.5   paid into the treasury of the state or county in the proportion 
203.6   in which they have respectively contributed toward the total 
203.7   assistance paid.  [260.39] 
203.8      Sec. 48.  [260C.451] [AGE LIMIT FOR BENEFITS TO CHILDREN.] 
203.9      For purposes of any program for foster children or children 
203.10  under state guardianship for which benefits are made available 
203.11  on June 1, 1973, unless specifically provided therein, the age 
203.12  of majority shall be 21 years of age.  [260.40] 
203.13                             ARTICLE 4 
203.14                       IMPLEMENTATION OF ACT 
203.15     Section 1.  [EFFECT OF CHANGES IN THIS ACT.] 
203.16     The legislature intends this act to be a clarification and 
203.17  reorganization of laws relating to juvenile delinquency and 
203.18  child protection in Minnesota Statutes, chapters 257 and 260.  
203.19  The changes that have been made are not intended to alter those 
203.20  laws and shall not be construed by a court or other authority to 
203.21  alter them. 
203.22     Sec. 2.  [INSTRUCTION TO REVISOR.] 
203.23     (a) The revisor shall publish the statutory derivations of 
203.24  the laws repealed and recodified in this act in Laws of 
203.25  Minnesota and in the statutory history of chapters 257 and 260 
203.26  in Minnesota Statutes. 
203.27     (b) The revisor shall correct cross-references in Minnesota 
203.28  Statutes and Minnesota Rules to sections that are repealed and 
203.29  recodified by this act, and if Minnesota Statutes, chapter 257 
203.30  or 260 is further amended in the 1999 legislative session, shall 
203.31  codify the amendments in a manner consistent with this act. 
203.32     Sec. 3.  [REPEALER.] 
203.33     Minnesota Statutes 1998, sections 257.069; 257.071; 
203.34  257.0711; 257.072; 257.35; 257.351; 257.352; 257.353; 257.354; 
203.35  257.355; 257.356; 257.3571; 257.3572; 257.3573; 257.3574; 
203.36  257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 257.40; 
204.1   257.41; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 
204.2   260.011, subdivision 2; 260.013; 260.015; 260.092; 260.094; 
204.3   260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 260.126; 
204.4   260.131; 260.132; 260.133; 260.135; 260.141; 260.145; 260.151; 
204.5   260.155; 260.157; 260.161; 260.162; 260.165; 260.171; 260.172; 
204.6   260.173; 260.1735; 260.174; 260.181; 260.185; 260.191; 260.192; 
204.7   260.193; 260.195; 260.211; 260.215; 260.221; 260.241; 260.242; 
204.8   260.245; 260.251; 260.255; 260.261; 260.271; 260.281; 260.291; 
204.9   260.301; 260.315; 260.35; 260.36; 260.39; and 260.40, are 
204.10  repealed.