HF 1717

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; requiring persons under 18
years of age to attend school as a requirement for
possessing a driver's permit or license; amending
Minnesota Statutes 2004, sections 13.32, subdivisions
1, 8; 120A.22, subdivision 12; 171.04, subdivision 1;
171.05, subdivisions 2, 2b, 3; 260C.007, subdivision
6, by adding a subdivision; 260C.201, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapters 120A; 121A; 171.

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

Section 1.

Minnesota Statutes 2004, section 13.32,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) new text begin "Continuing truant" means a student under section
260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
new text end

new text begin (b) new text end "Educational data" means data on individuals
maintained by a public educational agency or institution or by a
person acting for the agency or institution which relates to a
student.

Records of instructional personnel which are in the sole
possession of the maker thereof and are not accessible or
revealed to any other individual except a substitute teacher,
and are destroyed at the end of the school year, shall not be
deemed to be government data.

Records of a law enforcement unit of a public educational
agency or institution which are maintained apart from education
data and are maintained solely for law enforcement purposes, and
are not disclosed to individuals other than law enforcement
officials of the jurisdiction are not educational data;
provided, that education records maintained by the educational
agency or institution are not disclosed to the personnel of the
law enforcement unit. The University of Minnesota police
department is a law enforcement agency for purposes of section
13.82 and other sections of Minnesota Statutes dealing with law
enforcement records. Records of organizations providing
security services to a public educational agency or institution
must be administered consistent with section 13.861.

Records relating to a student who is employed by a public
educational agency or institution which are made and maintained
in the normal course of business, relate exclusively to the
individual in that individual's capacity as an employee, and are
not available for use for any other purpose are classified
pursuant to section 13.43.

deleted text begin (b) deleted text end new text begin (c) "Habitual truant" means a student under section
260C.007, subdivision 19, who is absent without lawful excuse
from attendance at school.
new text end

new text begin (d) new text end "Juvenile justice system" includes criminal justice
agencies and the judiciary when involved in juvenile justice
activities.

deleted text begin (c) deleted text end new text begin (e) new text end "Student" means an individual currently or formerly
enrolled or registered, applicants for enrollment or
registration at a public educational agency or institution, or
individuals who receive shared time educational services from a
public agency or institution.

deleted text begin (d) deleted text end new text begin (f) new text end "Substitute teacher" means an individual who
performs on a temporary basis the duties of the individual who
made the record, but does not include an individual who
permanently succeeds to the position of the maker of the record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.32,
subdivision 8, is amended to read:

Subd. 8.

Access by juvenile justice system.

(a) Upon
request, the following education data shall be disclosed under
subdivision 3, clause (i), to the juvenile justice system: a
student's full name, home address, telephone number, date of
birth; a student's school schedule, new text begin daily new text end attendance record, and
photographs, if any; and parents' names, home addresses, and
telephone numbers.

(b) In addition, the existence of the following data about
a student may be disclosed under subdivision 3, clause (i):

(1) use of a controlled substance, alcohol, or tobacco;

(2) assaultive or threatening conduct that could result in
dismissal from school under section 121A.45, subdivision 2,
clause (b) or (c);

(3) possession or use of weapons or look-alike weapons;

(4) theft; or

(5) vandalism or other damage to property.

Any request for access to data under this paragraph must
contain an explanation of why access to the data is necessary to
serve the student.

(c) A principal or chief administrative officer of a school
who receives a request to disclose information about a student
to the juvenile justice system under paragraph (b) shall, to the
extent permitted by federal law, notify the student's parent or
guardian by certified mail of the request to disclose
information before disclosing the information. If the student's
parent or guardian notifies the principal or chief
administrative officer within ten days of receiving the
certified notice that the parent or guardian objects to the
disclosure, the principal or chief administrative officer must
not disclose the information. The principal or chief
administrative officer must inform the requesting member of the
juvenile justice system of the objection.

(d) A principal or chief administrative officer is not
required to create data under this subdivision. Information
provided in response to a data request under paragraph (b) shall
indicate only whether the data described in paragraph (b)
exist. The principal or chief administrative officer is not
authorized under paragraph (b) to disclose the actual data or
other information contained in the student's education record.
A principal or chief administrative officer is not required to
provide data that are protected by court order. A principal or
chief administrative officer must respond to a data request
within 14 days if no objection is received from the parent or
guardian.

(e) new text begin If the school board does not waive the school
attendance requirement for driving privileges, then a principal
or chief school administrator may disclose to the juvenile
justice system only the student's continuing or habitual truancy
status.
new text end

new text begin (f) new text end Nothing in this subdivision shall limit the disclosure
of educational data pursuant to court order.

deleted text begin (f) deleted text end new text begin (g) new text end A school district, its agents, and employees who
provide data in good faith under this subdivision are not liable
for compensatory or exemplary damages or an award of attorney
fees in an action under section 13.08, or other law, or for a
penalty under section 13.09.

deleted text begin (g) deleted text end new text begin (h) new text end Section 13.03, subdivision 4, applies to data that
are shared under this subdivision with a government entity. If
data are shared with a member of the juvenile justice system who
is not a government entity, the person receiving the shared data
must treat the data consistent with the requirements of this
chapter applicable to a government entity.

deleted text begin (h) deleted text end new text begin (i) new text end A member of the juvenile justice system who falsely
certifies a request for data under this section is subject to
the penalties under section 13.09.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 120A.22,
subdivision 12, is amended to read:

Subd. 12.

Legitimate exemptions.

A parent, guardian, or
other person having control of a child may apply to a school
district to have the child excused from attendance for the whole
or any part of the time school is in session during any school
year. Application may be made to any member of the board, a
truant officer, a principal, or the superintendent. new text begin The school
district may state in its school attendance policy that it may
ask the student's parent or legal guardian to verify in writing
the reason for the child's absence from school. new text end The board of
the district in which the child resides may approve the
application upon the following being demonstrated to the
satisfaction of that board:

(1) that the child's bodily or mental condition is such as
to prevent attendance at school or application to study for the
period required deleted text begin ; or deleted text end new text begin , which includes:
new text end

new text begin (i) child illness, medical, dental, orthodontic, or
counseling appointments;
new text end

new text begin (ii) family emergencies;
new text end

new text begin (iii) the death or serious illness or funeral of an
immediate family member;
new text end

new text begin (iv) active duty in any military branch of the United
States; or
new text end

new text begin (v) other exemptions included in the district's school
attendance policy;
new text end

(2) that deleted text begin for the school years 1988-1989 through 1999-2000
the child has already completed the studies ordinarily required
in the 10th grade and that for the school years beginning with
the 2000-2001 school year the child has already completed the
studies ordinarily required to graduate deleted text end new text begin the child has already
completed state and district standards required for graduation
new text end from high school; or

(3) that it is the wish of the parent, guardian, or other
person having control of the child, that the child attend for a
period or periods not exceeding in the aggregate three hours in
any week, a school for religious instruction conducted and
maintained by some church, or association of churches, or any
Sunday school association incorporated under the laws of this
state, or any auxiliary thereof. This school for religious
instruction must be conducted and maintained in a place other
than a public school building, and it must not, in whole or in
part, be conducted and maintained at public expense. However, a
child may be absent from school on such days as the child
attends upon instruction according to the ordinances of some
church.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

new text begin [120A.23] SCHOOL ATTENDANCE REQUIREMENT; DRIVING
PRIVILEGES.
new text end

new text begin A district school board, board of a state approved
alternative program (SAAP), or charter school board of directors
by majority vote, may waive the school attendance requirement
for driving privileges under section 171.056 for the students it
enrolls. The board must vote to waive the requirement before
September 1 of the initial school year in which the waiver is
effective and must immediately transmit an electronic notice to
the Department of Public Safety. If a board intends to rescind
its waiver and require students to comply with the school
attendance requirement under section 171.056 for any subsequent
school year, the board must vote before September 1 of the
school year in which the waiver is initially rescinded and
immediately must transmit an electronic notice to the Department
of Public Safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

new text begin [121A.655] SCHOOL ATTENDANCE REQUIREMENT; DRIVING
PRIVILEGES.
new text end

new text begin Students enrolled in a school district, charter school, or
alternative education program that does not waive the school
attendance requirement for driving privileges are subject to
section 171.056, among other related sections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 171.04,
subdivision 1, is amended to read:

Subdivision 1.

Persons not eligible.

The department
shall not issue a driver's license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age and has a
previously issued valid license from another state or country or
the applicant has, for the 12 consecutive months preceding
application, held a provisional license and during that time has
incurred (A) no conviction for a violation of section 169A.20,
169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no
conviction for a crash-related moving violation, and (C) not
more than one conviction for a moving violation that is not
crash related. "Moving violation" means a violation of a
traffic regulation but does not include a parking violation,
vehicle equipment violation, or warning citation;

(ii) the application for a license is approved by (A)
either parent when both reside in the same household as the
minor applicant or, if otherwise, then (B) the parent or spouse
of the parent having custody or, in the event there is no court
order for custody, then (C) the parent or spouse of the parent
with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) the guardian having custody of the minor or, in
the event a person under the age of 18 has no living father,
mother, or guardian, or is married or otherwise legally
emancipated, then (E) the minor's adult spouse, adult close
family member, or adult employer; provided, that the approval
required by this item contains a verification of the age of the
applicant and the identity of the parent, guardian, adult
spouse, adult close family member, or adult employer; deleted text begin and
deleted text end

(iii) the applicant presents a certification by the person
who approves the application under item (ii), stating that the
applicant has driven a motor vehicle accompanied by and under
supervision of a licensed driver at least 21 years of age for at
least ten hours during the period of provisional licensure; new text begin and
new text end

new text begin (iv) the applicant certifies either (A) the applicant's
school attendance under section 171.056 and the district,
charter school, or alternative education program in which the
applicant is currently enrolled, or (B) that the enrolling
district, charter school, or alternative education program board
waived the attendance requirement under section 120A.23;
new text end

(2) to any person who is 18 years of age or younger, unless
the person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of six months, and,
with respect to a person under 18 years of age, a provisional
license for a minimum of 12 months;

(3) to any person who is 19 years of age or older, unless
that person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of three months;

(4) to any person whose license has been suspended during
the period of suspension except that a suspended license may be
reinstated during the period of suspension upon the licensee
furnishing proof of financial responsibility in the same manner
as provided in the Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except
upon furnishing proof of financial responsibility in the same
manner as provided in the Minnesota No-Fault Automobile
Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section
254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent
by reason of mental illness, mental deficiency, or inebriation,
and has not been restored to capacity, unless the department is
satisfied that the person is competent to operate a motor
vehicle with safety to persons or property;

(8) to any person who is required by this chapter to take a
vision, knowledge, or road examination, unless the person has
successfully passed the examination. An applicant who fails
four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before
taking the road test again;

(9) to any person who is required under the Minnesota
No-Fault Automobile Insurance Act to deposit proof of financial
responsibility and who has not deposited the proof;

(10) to any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
the person would be inimical to public safety or welfare;

(11) to any person when, in the opinion of the
commissioner, the person is afflicted with or suffering from a
physical or mental disability or disease that will affect the
person in a manner as to prevent the person from exercising
reasonable and ordinary control over a motor vehicle while
operating it upon the highways;

(12) to a person who is unable to read and understand
official signs regulating, warning, and directing traffic;

(13) to a child for whom a court has ordered denial of
driving privileges under section 260C.201, subdivision 1, or
260B.235, subdivision 5, until the period of denial is
completed; or

(14) to any person whose license has been canceled, during
the period of cancellation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under age 18 possessing or
applying for a driver's instruction permit or provisional
license on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 171.05,
subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in either:

(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety
and that includes classroom and behind-the-wheel training; or

(ii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a homeschool diploma, the student's
status as a homeschool student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;

(2) has completed the classroom phase of instruction in the
driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;

(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult
spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a
verification of the age of the applicant and the identity of the
parent, guardian, adult spouse, adult close family member, or
adult employer; deleted text begin and
deleted text end

(6) new text begin certifies either (i) the applicant's school attendance
under section 171.056 and the district, charter school, or
alternative education program in which the applicant is
currently enrolled, or (ii) that the enrolling district, charter
school, or alternative education program board waived the
attendance requirement under section 120A.23; and
new text end

new text begin (7) new text end has paid the fee required in section 171.06,
subdivision 2.

(b) The instruction permit is valid for one year from the
date of application and may be renewed upon payment of a fee
equal to the fee for issuance of an instruction permit under
section 171.06, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under age 18 possessing or
applying for a driver's instruction permit on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 171.05,
subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision applies to persons who have applied for and
received an instruction permit under subdivision 2.

(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under
the supervision of a certified driver education instructor, the
permit holder's parent or guardian, or another licensed driver
age 21 or older. The supervisor must occupy the seat beside the
permit holder.

(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace
officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the
driver of the motor vehicle for a moving violation as defined in
section 171.04, subdivision 1. The commissioner shall not
record a violation of this paragraph on a person's driving
record.

(d) The permit holder must maintain a driving record free
of convictions for moving violations, as defined in section
171.04, subdivision 1, and free of convictions for violation of
section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53. If the permit holder drives a motor vehicle in
violation of the law, the commissioner shall suspend, cancel, or
revoke the permit in accordance with the statutory section
violated.

new text begin (e) The permit holder must comply with the school
attendance requirement under section 171.056, except when the
attendance requirement is waived under section 120A.23. If the
permit holder does not attend school as required, the
commissioner must cancel the permit under section 171.056.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under age 18 possessing or
applying for a driver's instruction permit on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 171.05,
subdivision 3, is amended to read:

Subd. 3.

Motorized bicycle.

Notwithstanding any
provision in subdivision 1 to the contrary, the department, upon
application and payment of the fee prescribed in section 171.02,
subdivision 3, may issue a motorized bicycle instruction permit
to an applicant who is 15 years of age deleted text begin and deleted text end new text begin , new text end who has successfully
completed the written portion of the examination prescribed by
the commissioner new text begin , and who certifies either (1) the applicant's
school attendance under section 171.056 and the district,
charter school, or alternative education program in which the
applicant is currently enrolled, or (2) that the enrolling
district, charter school, or alternative education program board
waived the attendance requirement under section 120A.23 new text end . The
holder of this instruction permit who has the permit in
possession may operate a motorized bicycle within one mile of
the holder's residence for the purpose of practicing to take the
operator portion of the examination prescribed by the
commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under age 18 possessing or
applying for a motorized bicycle instruction permit on or after
that date.
new text end

Sec. 10.

new text begin [171.056] SCHOOL ATTENDANCE REQUIREMENT FOR
DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, AND
PROVISIONAL LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section
the terms defined in this subdivision have the meanings given
them.
new text end

new text begin (b) "Continuing truant" means a student under section
260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
new text end

new text begin (c) "Habitual truant" means a person under section
260C.101, subdivision 19, who is absent without lawful excuse
from attendance at school.
new text end

new text begin (d) "High school diploma" means an official record or
document indicating that the student has satisfied the
graduation requirements of that school as defined under section
120A.22, subdivision 4.
new text end

new text begin (e) "Public school" means a public school, state approved
alternative program (SAAP), or charter school.
new text end

new text begin (f) "School board" means a public school district school
board, SAAP board, or charter school board of directors.
new text end

new text begin (g) "School principal" means a principal or chief
administrative officer of a public school.
new text end

new text begin Subd. 2. new text end [ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION
PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL LICENSE.] new text begin (a)
Notwithstanding any law to the contrary, except when the
attendance requirement is waived under section 120A.23, school
attendance is a requirement for issuing a new driver's
instruction permit, motorized bicycle permit, or provisional
license or renewing the permit of a person under age 18. The
person meets the school attendance requirement when the person:
new text end

new text begin (1) has a high school diploma or general education
development certificate (GED);
new text end

new text begin (2) has withdrawn from school under section 120A.22,
subdivision 8; or
new text end

new text begin (3) is enrolled and attending a public school and is not a
continuing truant or habitually truant, is enrolled and
attending a nonpublic school, or is homeschooled.
new text end

new text begin (b) A person under age 18 who applies for a motorized
bicycle permit, instruction permit, or provisional license must
submit information to the Department of Public Safety in the
manner and format it prescribes documenting that the person has
met the requirements of paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Expungement of record. new text end

new text begin Upon receiving the
written or electronic request of a student who is age 18 or
older, the Department of Public Safety must expunge from the
department's motor vehicle records all the student's truancy
data related to the department refusing to issue or canceling
the student's permit or license under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under age 18 possessing or
applying for a motorized bicycle permit, driver's instruction
permit, or provisional license on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 260C.007,
subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child
in need of protection or services" means a child who is in need
of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse, (ii)
resides with or has resided with a victim of domestic child
abuse as defined in subdivision 5, (iii) resides with or would
reside with a perpetrator of domestic child abuse or child abuse
as defined in subdivision 5, or (iv) is a victim of emotional
maltreatment as defined in subdivision 8;

(3) is without necessary food, clothing, shelter,
education, or other required care for the child's physical or
mental health or morals because the child's parent, guardian, or
custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a
physical, mental, or emotional condition because the child's
parent, guardian, or custodian is unable or unwilling to provide
that care, including a child in voluntary placement due solely
to the child's developmental disability or emotional
disturbance;

(5) is medically neglected, which includes, but is not
limited to, the withholding of medically indicated treatment
from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the
failure to respond to the infant's life-threatening conditions
by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or
physicians' reasonable medical judgment, will be most likely to
be effective in ameliorating or correcting all conditions,
except that the term does not include the failure to provide
treatment other than appropriate nutrition, hydration, or
medication to an infant when, in the treating physician's or
physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong
dying, not be effective in ameliorating or correcting all of the
infant's life-threatening conditions, or otherwise be futile in
terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually
futile in terms of the survival of the infant and the treatment
itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for
good cause desires to be relieved of the child's care and
custody, including a child in placement according to voluntary
release by the parent under section 260C.212, subdivision 8;

(7) has been placed for adoption or care in violation of
law;

(8) is without proper parental care because of the
emotional, mental, or physical disability, or state of
immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is
such as to be injurious or dangerous to the child or others. An
injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the
child's home;

(10) is experiencing growth delays, which may be referred
to as failure to thrive, that have been diagnosed by a physician
and are due to parental neglect;

(11) has engaged in prostitution as defined in section
609.321, subdivision 9;

(12) has committed a delinquent act or a juvenile petty
offense before becoming ten years old;

(13) is a runaway;

(14) is a new text begin continuing or new text end habitual truant;

(15) has been found incompetent to proceed or has been
found not guilty by reason of mental illness or mental
deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction
juvenile prosecution, or a proceeding involving a juvenile petty
offense; or

(16) has been found by the court to have committed domestic
abuse perpetrated by a minor under Laws 1997, chapter 239,
article 10, sections 2 to 26, has been ordered excluded from the
child's parent's home by an order for protection/minor
respondent, and the parent or guardian is either unwilling or
unable to provide an alternative safe living arrangement for the
child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 260C.007, is
amended by adding a subdivision to read:

new text begin Subd. 8a. new text end

new text begin Continuing truant. new text end

new text begin "Continuing truant" means a
student under section 260A.02, subdivision 3, who is absent
without valid excuse from instruction in a school.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 260C.201,
subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:

(1) place the child under the protective supervision of the
responsible social services agency or child-placing agency in
the home of a parent of the child under conditions prescribed by
the court directed to the correction of the child's need for
protection or services:

(i) the court may order the child into the home of a parent
who does not otherwise have legal custody of the child, however,
an order under this section does not confer legal custody on
that parent;

(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity
establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court
for the child to continue in his home;

(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the
noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In placing a
child whose custody has been transferred under this paragraph,
the agencies shall make an individualized determination of how
the placement is in the child's best interests using the
consideration for relatives and the best interest factors in
section 260C.212, subdivision 2, paragraph (b); or

(3) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a physical or mental
disability, the court may order the child's parent, guardian, or
custodian to provide it. The court may order the child's health
plan company to provide mental health services to the child.
Section 62Q.535 applies to an order for mental health services
directed to the child's health plan company. If the health
plan, parent, guardian, or custodian fails or is unable to
provide this treatment or care, the court may order it
provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the
child's parent or guardian, the court shall not transfer legal
custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide
the treatment or care. If the court's order for mental health
treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing
professional not provide the treatment to the child if it finds
that such an order is in the child's best interests; or

(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.

(b) If the child was adjudicated in need of protection or
services because the child is a runaway new text begin , or is a continuing new text end or
habitual truant, the court may order any of the following
dispositions in addition to or as alternatives to the
dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or
custodian;

(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child; or with the consent
of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's
management and supervision;

(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:

(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or

(ii) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;

(5) require the child to participate in a community service
project;

(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests
of the child deleted text begin and deleted text end new text begin or new text end of public safety that the child's driver's
license or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. new text begin If the child is a continuing or
habitual truant, the court must cancel the child's driving
privileges. new text end The court shall forward an order issued under this
clause to the commissioner, who shall cancel the license or
permit or deny driving privileges without a hearing for the
period specified by the court. At any time before the
expiration of the period of cancellation or denial, the court
may, for good cause, order the commissioner of public safety to
allow the child to apply for a license or permit, and the
commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or

(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.

To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child
is in need of protection or services or neglected and in foster
care, but in no event more than 15 days after the finding unless
the court finds that the best interests of the child will be
served by granting a delay. If the child was under eight years
of age at the time the petition was filed, the disposition order
must be entered within ten days of the finding and the court may
not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.

(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered
under subdivision 6 and the child is in the care of the parent,
the court may order the responsible social services agency to
monitor the parent's continued ability to maintain the child
safely in the home under such terms and conditions as the court
determines appropriate under the circumstances.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end