HF 1590

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; providing for treatment of 
  1.3             certain children in need of protection or services; 
  1.4             requiring certain notices; imposing a criminal 
  1.5             penalty; amending Minnesota Statutes 1996, section 
  1.6             260.191, by adding a subdivision; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 260. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [LEGISLATIVE INTENT.] 
  1.10     The legislature finds that a portion of our youth continues 
  1.11  to be exposed to the dangers associated with living on the 
  1.12  streets.  For some families, legislative efforts have not 
  1.13  provided long-term resolution to their conflicts.  The 
  1.14  legislature recognizes that repeated, short-term attempts at 
  1.15  family reconciliation have sometimes proven unsuccessful or 
  1.16  counterproductive for families experiencing the greatest 
  1.17  conflicts, and options for long-term treatment are needed.  It 
  1.18  is the legislature's intent to ensure that appropriate, 
  1.19  affordable treatment is provided to youth who have not responded 
  1.20  to reconciliation attempts or remain beyond the reach of current 
  1.21  services. 
  1.22     It is also the intent of the legislature to protect runaway 
  1.23  children from predatory individuals and criminal activity.  
  1.24  Since it is in the interests of certain criminals to keep 
  1.25  children who have left home on the street and unlocated, this 
  1.26  act punishes predatory individuals who provide shelter to 
  2.1   at-risk youth as a means of preying upon them.  The legislature 
  2.2   also recognizes that preventing at-risk youth from coming into 
  2.3   contact with these individuals is equally important to their 
  2.4   protection.  Since prevention and reconciliation can only begin 
  2.5   once a child is located, this act increases the incentives for 
  2.6   individuals who have the most contact with runaway children to 
  2.7   report the children's whereabouts. 
  2.8      Sec. 2.  [260.176] [OUTPATIENT TREATMENT.] 
  2.9      Subdivision 1.  [PARENTAL AUTHORIZATION OR NOTIFICATION.] A 
  2.10  minor 13 years or older may request and receive outpatient 
  2.11  treatment without the consent of the minor's parent.  Parental 
  2.12  authorization is required for outpatient treatment of a minor 
  2.13  under the age of 13. 
  2.14     A provider of outpatient treatment for a minor 13 years of 
  2.15  age or older shall provide notice of the treatment to the 
  2.16  minor's parents upon completion of the child's third visit for 
  2.17  treatment.  The notice must contain the name, location, and 
  2.18  telephone number of the mental health care provider who is 
  2.19  designated to discuss the minor's need for treatment with the 
  2.20  parent.  A treatment provider may defer notification to a parent 
  2.21  of a minor's request for treatment if: 
  2.22     (1) the minor alleges physical or sexual abuse by the 
  2.23  parent and the treatment provider notifies the department of 
  2.24  human services of the alleged abuse.  Upon completion of its 
  2.25  assessment of the allegation, the department shall notify the 
  2.26  treatment provider of its findings.  If the department 
  2.27  determines the allegation is not valid, the treatment provider 
  2.28  shall immediately notify the parent of the minor's treatment.  
  2.29  If the department determines the allegation is valid, the 
  2.30  treatment provider need not provide notice to the parent; or 
  2.31     (2) the provider believes the parental notification will 
  2.32  interfere with the necessary treatment for the minor.  If the 
  2.33  provider believes the notification will interfere with the 
  2.34  necessary treatment, the provider shall notify the department of 
  2.35  human services.  The department shall review the circumstances 
  2.36  and pursue a child in need of protection or services petition 
  3.1   or, if the department determines a petition is inappropriate, it 
  3.2   shall immediately inform the provider, who shall notify the 
  3.3   parent of the treatment within 24 hours or after the second 
  3.4   visit for treatment, whichever is later. 
  3.5      Subd. 2.  [ADMISSION FOR TREATMENT IN FACILITY.] If, in the 
  3.6   judgment of the professional person in charge of an evaluation 
  3.7   and treatment facility, there is reason to believe that a minor 
  3.8   is in need of inpatient treatment because of a mental disorder, 
  3.9   and the facility provides the type of evaluation and treatment 
  3.10  needed by the minor, and it is not feasible to treat the minor 
  3.11  in any less restrictive setting or the minor's home, the minor 
  3.12  may be admitted to an evaluation and treatment facility in 
  3.13  accordance with paragraphs (a) to (d).  
  3.14     (a) A minor may be voluntarily admitted by application of 
  3.15  the parent.  The consent of the minor is not required for the 
  3.16  minor to be evaluated and admitted, as appropriate. 
  3.17     (b) A minor 13 years or older may, with the concurrence of 
  3.18  the professional person in charge of an evaluation and treatment 
  3.19  facility, be voluntarily admitted without parental consent to 
  3.20  the evaluation and treatment facility, if notice is given by the 
  3.21  facility to the minor's parent as follows: 
  3.22     (1) Notice of the minor's admission must be in the form 
  3.23  most likely to reach the parent within 24 hours of the minor's 
  3.24  voluntary admission and must advise the parent that the minor 
  3.25  has been admitted to inpatient treatment; the location and 
  3.26  telephone number of the facility providing the treatment; and 
  3.27  the name of a professional person on the staff of the facility 
  3.28  providing treatment who is designated to discuss the minor's 
  3.29  need for inpatient treatment with the parent. 
  3.30     (2) The minor must be released to the parent at the 
  3.31  parent's request for release unless the facility files a 
  3.32  petition with the district court of the county in which 
  3.33  treatment is being provided stating the basis for the facility's 
  3.34  belief that the minor is in need of inpatient treatment and that 
  3.35  release would constitute a threat to the minor's health or 
  3.36  safety. 
  4.1      (3) The petition must be signed by the professional person 
  4.2   in charge of the facility or that person's designee. 
  4.3      (4) A parent may apply to the court for separate counsel to 
  4.4   represent the parent if the parent cannot afford counsel. 
  4.5      (5) There must be a hearing on the petition within three 
  4.6   days from the filing of the petition. 
  4.7      (6) The hearing must be conducted by a judge, referee, or 
  4.8   licensed attorney designated by the district court as a hearing 
  4.9   officer for the hearing.  The hearing may be held at the 
  4.10  treatment facility. 
  4.11     (7) At the hearing, the facility must demonstrate by a 
  4.12  preponderance of the evidence presented at the hearing that the 
  4.13  minor is in need of inpatient treatment and that release would 
  4.14  constitute a threat to the minor's health or safety.  The 
  4.15  hearing need not be conducted using the rules of evidence, and 
  4.16  the admission or exclusion of evidence sought to be presented is 
  4.17  within the exercise of sound discretion by the judicial officer 
  4.18  conducting the hearing. 
  4.19     (c) Written renewal of voluntary consent must be obtained 
  4.20  from the applicant no less than once every 12 months. 
  4.21     (d) The minor's need for continued inpatient treatments 
  4.22  must be reviewed and documented no less than every 180 days. 
  4.23     Subd. 3.  [NOTICE OF INTENT TO LEAVE.] A notice of intent 
  4.24  to leave has the effect in paragraphs (a) to (d).  
  4.25     (a) A minor under the age of 13 must be discharged 
  4.26  immediately upon written request of the parent. 
  4.27     (b) A minor 13 years or older voluntarily admitted may give 
  4.28  notice of intent to leave at any time.  The notice need not 
  4.29  follow any specific form so long as it is written and the intent 
  4.30  of the minor can be discerned. 
  4.31     (c) The staff member receiving the notice shall date it 
  4.32  immediately, record its existence in the minor's clinical 
  4.33  record, and send copies of it to the minor's attorney, if any, 
  4.34  the county-designated mental health professional, and the 
  4.35  minor's parent. 
  4.36     (d) The professional person in charge of the evaluation and 
  5.1   treatment facility shall discharge the minor, 13 years or older, 
  5.2   from the facility within 24 hours after receipt of the minor's 
  5.3   notice of intent to leave unless the county-designated mental 
  5.4   health professional or the minor's parent or legal guardian 
  5.5   files a petition or an application for initial admission within 
  5.6   the time prescribed by this section. 
  5.7      Subd. 4.  [STATE FUNDING.] The ability of a parent to apply 
  5.8   to an evaluation and treatment program for the involuntary 
  5.9   admission of the parent's minor child does not create a right to 
  5.10  obtain or benefit from any funds or resources of the state.  
  5.11  However, the state may provide services for indigent minors to 
  5.12  the extent that funds are available. 
  5.13     Sec. 3.  [260.262] [SHELTERING A MINOR.] 
  5.14     Subdivision 1.  [REPORTING REQUIREMENT.] A person who, 
  5.15  without legal authorization, provides shelter to a minor in the 
  5.16  person's home or any structure over which the person has any 
  5.17  control and who knows at the time of providing the shelter that 
  5.18  the minor is away from the parent's home or other lawfully 
  5.19  prescribed residence without the permission of the parent or 
  5.20  guardian, shall promptly report the location of the child to the 
  5.21  parent, guardian, law enforcement agency of the jurisdiction in 
  5.22  which the person lives, or department of human services.  The 
  5.23  report must be made within eight hours after the person has 
  5.24  knowledge that the minor is away from home without permission of 
  5.25  the parent or guardian.  The report may be made by telephone or 
  5.26  any other reasonable means.  
  5.27     Subd. 2.  [DUTIES OF DEPARTMENT.] On receiving a report 
  5.28  under subdivision 1, the department of human services shall make 
  5.29  a good faith attempt to notify the parent or guardian that a 
  5.30  report has been received and offer services designed to resolve 
  5.31  the conflict and accomplish a reunification of the family. 
  5.32     Subd. 3.  [VIOLATION.] A violation of this section by a 
  5.33  licensed child-serving agency is a licensing violation.  A 
  5.34  violation of this section by anyone who is not a licensed 
  5.35  child-serving agency is a misdemeanor. 
  5.36     Sec. 4.  Minnesota Statutes 1996, section 260.191, is 
  6.1   amended by adding a subdivision to read: 
  6.2      Subd. 5.  [SPECIALIZED INPATIENT TREATMENT.] (a) In a 
  6.3   disposition hearing, after a finding that a child is a child in 
  6.4   need of protection or services, the court may adopt the 
  6.5   additional orders authorized under this subdivision if it finds 
  6.6   that the child involved in those proceedings is not eligible for 
  6.7   inpatient treatment for a mental health or substance abuse 
  6.8   condition and requires specialized treatment.  The court shall 
  6.9   order that a child be placed in a secure facility, other than a 
  6.10  crisis residential center, that will provide for the child's 
  6.11  participation in a program designed to remedy behavioral 
  6.12  difficulties or needs if the court, at the disposition hearing, 
  6.13  finds that the placement is clearly necessary to protect the 
  6.14  child and that: 
  6.15     (1) on two or more separate occasions within the 12-month 
  6.16  period before the date of filing the petition, the child's 
  6.17  parents filed a runaway report with a law enforcement agency 
  6.18  because the child had been absent from the parent's home for 
  6.19  longer than three consecutive days; 
  6.20     (2) the child has been held in contempt and the court has 
  6.21  reason to believe, based on information provided by the child's 
  6.22  parents, family reconciliation service personnel, counselors, 
  6.23  crisis residential center administrators, or other responsible 
  6.24  adults who have been in contact with the child, that the child 
  6.25  will continue to fail to comply with the terms of a court order 
  6.26  entered under this chapter or will continue to be exposed to 
  6.27  serious risk; or 
  6.28     (3) on two occasions or more the child has been held in 
  6.29  contempt for violating a single court order entered under this 
  6.30  chapter. 
  6.31     (b) An order under paragraph (a) must require periodic 
  6.32  court review of the placement, with the first review hearing 
  6.33  conducted not more than 30 days after the date of the 
  6.34  placement.  At each review hearing, the court shall advise the 
  6.35  parents of their rights, review the progress of the child, and 
  6.36  determine whether the orders are still necessary for the 
  7.1   protection of the child or a less restrictive placement would be 
  7.2   adequate.  The court shall modify its orders as it finds 
  7.3   necessary to protect the child. 
  7.4      (c) Placements in staff secure facilities under this 
  7.5   subdivision are limited to children who meet the statutory 
  7.6   definition of a child in need of protection or services. 
  7.7      (d) The parent, parents, or legal guardian of a child 
  7.8   placed under this subdivision are liable for the costs of 
  7.9   treatment, care, and maintenance of the child to the extent of 
  7.10  private insurance coverage or other available resources and 
  7.11  ability to pay.  Within funds appropriated, the state shall pay 
  7.12  for costs, if any, not covered by the parent, parents, or legal 
  7.13  guardian of the child.  The commissioner of human services shall 
  7.14  establish rules to implement this subdivision and to define 
  7.15  income, resources, and exemptions to determine the parent's, 
  7.16  parents', or legal guardian's ability to pay.