HF 1816

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

  1.1                          A bill for an act 
  1.2             relating to human services; extending coverage of 
  1.3             certain mental health services; changing certain civil 
  1.4             commitment provisions; establishing a task force to 
  1.5             study disposition of persons committed as sexually 
  1.6             dangerous or sexual psychopathic personality; 
  1.7             requiring a report; amending Minnesota Statutes 2004, 
  1.8             sections 148C.11, subdivision 1; 253B.02, subdivisions 
  1.9             7, 9; 253B.05, subdivision 2; 256.9693; 256B.0624, by 
  1.10            adding a subdivision; 260C.141, subdivision 2; 
  1.11            260C.193, subdivision 2; 260C.201, subdivisions 1, 2; 
  1.12            260C.205; 260C.212, subdivision 1; 609.2231, 
  1.13            subdivision 3; repealing Laws 2001, First Special 
  1.14            Session chapter 9, article 9, section 52; Laws 2002, 
  1.15            chapter 335, section 4. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1 
  1.18                       MENTAL HEALTH SERVICES 
  1.19     Section 1.  Minnesota Statutes 2004, section 148C.11, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [OTHER PROFESSIONALS.] (a) Nothing in this 
  1.22  chapter prevents members of other professions or occupations 
  1.23  from performing functions for which they are qualified or 
  1.24  licensed.  This exception includes, but is not limited to, 
  1.25  licensed physicians, registered nurses, licensed practical 
  1.26  nurses, licensed psychological practitioners, members of the 
  1.27  clergy, American Indian medicine men and women, licensed 
  1.28  attorneys, probation officers, licensed marriage and family 
  1.29  therapists, licensed social workers, licensed professional 
  1.30  counselors, licensed school counselors, registered occupational 
  2.1   therapists or occupational therapy assistants, and until July 1, 
  2.2   2005 2007, individuals providing integrated dual-diagnosis 
  2.3   treatment in adult mental health rehabilitative programs 
  2.4   certified by the Department of Human Services under section 
  2.5   256B.0622 or 256B.0623. 
  2.6      (b) Nothing in this chapter prohibits technicians and 
  2.7   resident managers in programs licensed by the Department of 
  2.8   Human Services from discharging their duties as provided in 
  2.9   Minnesota Rules, chapter 9530.  
  2.10     (c) Any person who is exempt under this section but who 
  2.11  elects to obtain a license under this chapter is subject to this 
  2.12  chapter to the same extent as other licensees.  
  2.13     (d) These persons must not, however, use a title 
  2.14  incorporating the words "alcohol and drug counselor" or 
  2.15  "licensed alcohol and drug counselor" or otherwise hold 
  2.16  themselves out to the public by any title or description stating 
  2.17  or implying that they are engaged in the practice of alcohol and 
  2.18  drug counseling, or that they are licensed to engage in the 
  2.19  practice of alcohol and drug counseling.  Persons engaged in the 
  2.20  practice of alcohol and drug counseling are not exempt from the 
  2.21  commissioner's jurisdiction solely by the use of one of the 
  2.22  above titles. 
  2.23     Sec. 2.  Minnesota Statutes 2004, section 256.9693, is 
  2.24  amended to read: 
  2.25     256.9693 [CONTINUING CARE PROGRAM FOR PERSONS WITH MENTAL 
  2.26  ILLNESS.] 
  2.27     The commissioner shall establish a continuing care benefit 
  2.28  program for persons with mental illness in which persons with 
  2.29  mental illness may obtain acute care hospital inpatient 
  2.30  treatment for mental illness for up to 45 days beyond that 
  2.31  allowed by section 256.969.  The commissioner may authorize 
  2.32  additional days beyond 45 based on an individual review of 
  2.33  medical necessity.  Persons with mental illness who are eligible 
  2.34  for medical assistance may obtain inpatient treatment under this 
  2.35  program in hospital beds for which the commissioner contracts 
  2.36  under this section.  The commissioner may selectively contract 
  3.1   with hospitals to provide this benefit through competitive 
  3.2   bidding when reasonable geographic access by recipients can be 
  3.3   assured.  Payments under this section shall not affect payments 
  3.4   under section 256.969.  The commissioner may contract externally 
  3.5   with a utilization review organization to authorize persons with 
  3.6   mental illness to access the continuing care benefit program.  
  3.7   The commissioner, as part of the contracts with hospitals, shall 
  3.8   establish admission criteria to allow persons with mental 
  3.9   illness to access the continuing care benefit program.  If a 
  3.10  court orders acute care hospital inpatient treatment for mental 
  3.11  illness for a person, the person may obtain the treatment under 
  3.12  the continuing care benefit program.  The commissioner shall not 
  3.13  require, as part of the admission criteria, any commitment or 
  3.14  petition under chapter 253B as a condition of accessing the 
  3.15  program.  This benefit is not available for people who are also 
  3.16  eligible for Medicare and who have not exhausted their annual or 
  3.17  lifetime inpatient psychiatric benefit under Medicare.  If a 
  3.18  recipient is enrolled in a prepaid plan, this program is 
  3.19  included in the plan's coverage.  
  3.20     Sec. 3.  Minnesota Statutes 2004, section 256B.0624, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 4a.  [ALTERNATIVE PROVIDER STANDARDS FOR ADULT MENTAL 
  3.23  HEALTH CRISIS RESPONSE SERVICES.] If a county demonstrates that, 
  3.24  due to geographic or other barriers, it is not feasible to 
  3.25  provide mobile crisis intervention services according to the 
  3.26  standards in subdivision 4, paragraph (b), clause (9), the 
  3.27  commissioner may approve a crisis response provider based on an 
  3.28  alternative plan proposed by a county or group of counties.  The 
  3.29  alternative plan must: 
  3.30     (1) result in increased access and a reduction in 
  3.31  disparities in the availability of crisis services; 
  3.32     (2) provide mobile services outside of the usual 
  3.33  nine-to-five office hours and on weekends and holidays; and 
  3.34     (3) comply with standards for emergency mental health 
  3.35  services in section 245.469. 
  3.36     Sec. 4.  [REPEALER.] 
  4.1      Laws 2001, First Special Session chapter 9, article 9, 
  4.2   section 52; and Laws 2002, chapter 335, section 4, are repealed 
  4.3   effective the day following final enactment. 
  4.4                              ARTICLE 2 
  4.5                       CHILDREN'S MENTAL HEALTH 
  4.6      Section 1.  Minnesota Statutes 2004, section 260C.141, 
  4.7   subdivision 2, is amended to read: 
  4.8      Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
  4.9   services agency responsible for the placement of a child in a 
  4.10  residential facility, as defined in section 260C.212, 
  4.11  subdivision 1, pursuant to a voluntary release by the child's 
  4.12  parent or parents must proceed in juvenile court to review the 
  4.13  foster care status of the child in the manner provided in this 
  4.14  section.  
  4.15     (a) Except for a child in placement foster care due solely 
  4.16  to the child's developmental disability or emotional 
  4.17  disturbance, when a child continues in voluntary placement 
  4.18  according to section 260C.212, subdivision 8, a petition shall 
  4.19  be filed alleging the child to be in need of protection or 
  4.20  services or seeking termination of parental rights or other 
  4.21  permanent placement of the child away from the parent within 90 
  4.22  days of the date of the voluntary placement agreement.  The 
  4.23  petition shall state the reasons why the child is in placement, 
  4.24  the progress on the out-of-home placement plan required under 
  4.25  section 260C.212, subdivision 1, and the statutory basis for the 
  4.26  petition under section 260C.007, subdivision 6, 260C.201, 
  4.27  subdivision 11, or 260C.301. 
  4.28     (1) In the case of a petition alleging the child to be in 
  4.29  need of protection or services filed under this paragraph, if 
  4.30  all parties agree and the court finds it is in the best 
  4.31  interests of the child, the court may find the petition states a 
  4.32  prima facie case that: 
  4.33     (i) the child's needs are being met; 
  4.34     (ii) the placement of the child in foster care is in the 
  4.35  best interests of the child; 
  4.36     (iii) reasonable efforts to reunify the child and the 
  5.1   parent or guardian are being made; and 
  5.2      (iv) the child will be returned home in the next three 
  5.3   months. 
  5.4      (2) If the court makes findings under paragraph (1), the 
  5.5   court shall approve the voluntary arrangement and continue the 
  5.6   matter for up to three more months to ensure the child returns 
  5.7   to the parents' home.  The responsible social services agency 
  5.8   shall: 
  5.9      (i) report to the court when the child returns home and the 
  5.10  progress made by the parent on the out-of-home placement plan 
  5.11  required under section 260C.212, in which case the court shall 
  5.12  dismiss jurisdiction; 
  5.13     (ii) report to the court that the child has not returned 
  5.14  home, in which case the matter shall be returned to the court 
  5.15  for further proceedings under section 260C.163; or 
  5.16     (iii) if any party does not agree to continue the matter 
  5.17  under this paragraph and paragraph (1) and this paragraph, the 
  5.18  matter shall proceed under section 260C.163. 
  5.19     (b) Subd. 2a.  [VOLUNTARY FOSTER CARE PLACEMENT.] In the 
  5.20  case of a child in voluntary placement due solely to the child's 
  5.21  developmental disability or emotional disturbance according to 
  5.22  section 260C.212, subdivision 9, the following procedures apply: 
  5.23  a petition under subdivision 1 shall not be filed unless a child 
  5.24  continues in foster care for 13 consecutive months from the date 
  5.25  of the voluntary placement, in which case, the responsible 
  5.26  social services agency shall proceed under clause (2).  In lieu 
  5.27  of filing a petition to obtain judicial review of a child's 
  5.28  voluntary placement due solely to disability and within 165 days 
  5.29  of the placement, the responsible social services agency must 
  5.30  report to the court as follows: 
  5.31     (1)  [REPORT TO COURT.] (i) Unless the county attorney 
  5.32  determines that a petition under subdivision 1 is appropriate, 
  5.33  without filing a petition, A written report shall be forwarded 
  5.34  to the court within 165 days of the date of the voluntary 
  5.35  placement agreement.  The written report shall contain necessary 
  5.36  identifying information for the court to proceed, a copy of the 
  6.1   out-of-home placement plan required under section 260C.212, 
  6.2   subdivision 1, a written summary of the proceedings of any 
  6.3   administrative review required under section 260C.212, 
  6.4   subdivision 7, and any other information the responsible social 
  6.5   services agency, parent or guardian, the child or the foster 
  6.6   parent or other residential facility wants the court to 
  6.7   consider.  In the case of a child in placement due solely to an 
  6.8   emotional disturbance, the written report shall include as an 
  6.9   attachment the child's individual treatment plan developed by 
  6.10  the child's treatment professional, as provided in section 
  6.11  245.4871, subdivision 21, or the child's individual interagency 
  6.12  intervention plan, as provided in section 125A.023, subdivision 
  6.13  3, paragraph (c).  In the case of a child in placement due 
  6.14  solely to a developmental disability, the written report shall 
  6.15  include as an attachment the child's individual service plan, as 
  6.16  provided in section 256B.092, subdivision 1b; the child's 
  6.17  individual program plan, as provided in Minnesota Rules, part 
  6.18  9525.0004, subpart 11; the child's waiver care plan; or the 
  6.19  child's individual interagency intervention plan, as provided in 
  6.20  section 125A.023, subdivision 3, paragraph (c). 
  6.21     (ii) The responsible social services agency, where 
  6.22  appropriate, must advise the child, parent or guardian, the 
  6.23  foster parent, or representative of the residential facility of 
  6.24  the requirements of this section and of their right to submit 
  6.25  information to the court.  If the child, parent or guardian, 
  6.26  foster parent, or representative of the residential facility 
  6.27  wants to send information to the court, the responsible social 
  6.28  services agency shall advise those persons of the reporting date 
  6.29  and the identifying information necessary for the court 
  6.30  administrator to accept the information and submit it to a judge 
  6.31  with the agency's report.  The responsible social services 
  6.32  agency must also notify those persons that they have the right 
  6.33  to be heard in person by the court and how to exercise that 
  6.34  right.  The responsible social services agency must also provide 
  6.35  notice that an in-court hearing will not be held unless 
  6.36  requested by a parent or guardian, foster parent, or the child. 
  7.1      (iii) After receiving the required report, the court has 
  7.2   jurisdiction to make the following determinations and must do so 
  7.3   within ten days of receiving the forwarded report:  (A) whether 
  7.4   or not the placement of the child is in the child's best 
  7.5   interests; and (B) whether the parent and agency are 
  7.6   appropriately planning for the child.  Unless requested by a 
  7.7   parent or guardian, foster parent, or child, no in-court hearing 
  7.8   need shall be held in order for the court to make findings and 
  7.9   issue an order under this paragraph. 
  7.10     (iv) If the court finds the placement is in the child's 
  7.11  best interests and that the agency and parent are appropriately 
  7.12  planning for the child, the court shall issue an order 
  7.13  containing explicit, individualized findings to support its 
  7.14  determination.  The court shall send a copy of the order to the 
  7.15  county attorney, the responsible social services agency, the 
  7.16  parent or guardian, the child, and the foster parents.  The 
  7.17  court shall also send the parent or guardian, the child, and the 
  7.18  foster parent notice of the required review under clause (2).  
  7.19     (v) If the court finds continuing the placement not to be 
  7.20  in the child's best interests or that the agency or the parent 
  7.21  or guardian is not appropriately planning for the child, the 
  7.22  court shall notify the county attorney, the responsible social 
  7.23  services agency, the parent or guardian, the foster parent, the 
  7.24  child, and the county attorney of the court's determinations and 
  7.25  the basis for the court's determinations. 
  7.26     (2)  [PERMANENCY REVIEW BY PETITION.] If a child with a 
  7.27  developmental disability or an emotional disturbance continues 
  7.28  in out-of-home placement for 13 months from the date of a 
  7.29  voluntary placement, a petition alleging the child to be in need 
  7.30  of protection or services, for termination of parental rights, 
  7.31  or for permanent placement of the child away from the parent 
  7.32  under section 260C.201 shall be filed.  The court shall conduct 
  7.33  a permanency hearing on the petition no later than 14 months 
  7.34  after the date of the voluntary placement.  At the permanency 
  7.35  hearing, the court shall determine the need for an order 
  7.36  permanently placing the child away from the parent or determine 
  8.1   whether there are compelling reasons that continued voluntary 
  8.2   placement is in the child's best interests.  A petition alleging 
  8.3   the child to be in need of protection or services shall state 
  8.4   the date of the voluntary placement agreement, the nature of the 
  8.5   child's developmental disability or emotional disturbance, the 
  8.6   plan for the ongoing care of the child, the parents' 
  8.7   participation in the plan, the responsible social services 
  8.8   agency's efforts to finalize a plan for the permanent placement 
  8.9   of the child, and the statutory basis for the petition. 
  8.10     (i) If a petition alleging the child to be in need of 
  8.11  protection or services is filed under this paragraph, the court 
  8.12  may find, based on the contents of the sworn petition, and the 
  8.13  agreement of all parties, including the child, where 
  8.14  appropriate, that there are compelling reasons that the 
  8.15  voluntary arrangement is in the best interests of the child and 
  8.16  that the responsible social services agency has made reasonable 
  8.17  efforts to finalize a plan for the permanent placement of the 
  8.18  child, approve the continued voluntary placement, and continue 
  8.19  the matter under the court's jurisdiction for the purpose of 
  8.20  reviewing the child's placement as a continued voluntary 
  8.21  arrangement every 12 months as long as the child continues in 
  8.22  out-of-home placement.  
  8.23     (ii) When the court finds compelling reasons and approves 
  8.24  the continued voluntary placement under this subdivision, the 
  8.25  court shall not adjudicate the child in need of protection or 
  8.26  services and shall not order the child placed in foster care or 
  8.27  transfer legal custody of the child to the responsible social 
  8.28  services agency.  A finding that the court approves the 
  8.29  continued voluntary placement means the responsible social 
  8.30  services agency has continued legal responsibility for the 
  8.31  child's placement due to the voluntary placement agreement and 
  8.32  that the parent may terminate the voluntary agreement as 
  8.33  provided in section 260C.212, subdivision 4, paragraph (c), 
  8.34  clause (2), or, in the case of an Indian child, as provided in 
  8.35  section 260.765, subdivision 4. 
  8.36     (iii) The matter must be returned to the court for further 
  9.1   review every 12 months as long as the child remains in 
  9.2   placement.  The court shall give notice to the parent or 
  9.3   guardian of the continued review requirements under this 
  9.4   section.  Nothing in this paragraph shall be construed to mean 
  9.5   the court must order permanent placement for the child under 
  9.6   section 260C.201, subdivision 11, as long as the court finds 
  9.7   compelling reasons at the first review required under this 
  9.8   section. 
  9.9      (iv) If a child diagnosed with developmental disability or 
  9.10  emotional disturbance has been ordered into foster care under 
  9.11  section 260C.178 or 260C.201 and the conditions which led to the 
  9.12  court's order have been corrected so that the child could safely 
  9.13  return to the care of the parent or guardian except for the 
  9.14  child's need for continued placement to access necessary 
  9.15  treatment or services, the responsible social services agency 
  9.16  may file a motion with the court in the child in need of 
  9.17  protection or services matter to vacate the finding that the 
  9.18  child is in need of protection or services and to vacate the 
  9.19  award of custody to the responsible agency.  The motion shall be 
  9.20  supported by affidavit setting forth:  (A) the agency's 
  9.21  reasonable efforts to finalize a permanent plan for the child 
  9.22  including returning the child home; (B) the agency's compelling 
  9.23  reasons why a permanent placement need not be ordered under 
  9.24  section 260C.201, subdivision 11; and (C) why the voluntary 
  9.25  placement is in the child's best interests.  This motion must be 
  9.26  filed no later than the time a permanency placement 
  9.27  determination hearing is required under section 260C.201, 
  9.28  subdivision 11.  At the time scheduled for the court to hear the 
  9.29  agency's motion, the parent or guardian and agency may execute a 
  9.30  voluntary placement agreement when the court approves the 
  9.31  child's continued foster care placement as a voluntary 
  9.32  arrangement.  The court may approve the continued foster care 
  9.33  placement as a voluntary arrangement if it finds there are 
  9.34  compelling reasons why continued placement on a voluntary basis 
  9.35  is in the child's best interests and that the responsible social 
  9.36  services agency has made reasonable efforts to finalize a plan 
 10.1   for the permanent placement of the child.  The matter shall 
 10.2   continue under the court's jurisdiction for the purpose of 
 10.3   reviewing the child's placement as a continued voluntary 
 10.4   arrangement every 12 months as long as the child continues in 
 10.5   out-of-home placement due solely to the child's disability.  A 
 10.6   finding that the court approves the continued voluntary 
 10.7   placement means the responsible social services agency has 
 10.8   continued legal responsibility for the child's placement due to 
 10.9   the voluntary placement agreement and that the parent may 
 10.10  terminate the voluntary agreement as provided in section 
 10.11  260C.212, subdivision 4, paragraph (c), clause (2), or, in the 
 10.12  case of an Indian child, as provided in section 260.765, 
 10.13  subdivision 4. 
 10.14     (ii) (v) If a petition for termination of parental rights, 
 10.15  for transfer of permanent legal and physical custody to a 
 10.16  relative, for long-term foster care, or for foster care for a 
 10.17  specified period of time is filed, the court must proceed under 
 10.18  section 260C.201, subdivision 11. 
 10.19     (3) If any party, including the child, disagrees with the 
 10.20  voluntary arrangement, the court shall proceed under section 
 10.21  260C.163. 
 10.22     Sec. 2.  Minnesota Statutes 2004, section 260C.193, 
 10.23  subdivision 2, is amended to read: 
 10.24     Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
 10.25  disposition in a case, terminating parental rights, or 
 10.26  appointing a guardian for a child, the court may consider any 
 10.27  report or recommendation made by the responsible social services 
 10.28  agency, probation officer, licensed child-placing agency, foster 
 10.29  parent, guardian ad litem, tribal representative, the child's 
 10.30  health or mental health care provider, or other authorized 
 10.31  advocate for the child or child's family, a school district 
 10.32  concerning the effect on student transportation of placing a 
 10.33  child in a school district in which the child is not a resident, 
 10.34  or any other information deemed material by the court. 
 10.35     Sec. 3.  Minnesota Statutes 2004, section 260C.201, 
 10.36  subdivision 1, is amended to read: 
 11.1      Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 11.2   the child is in need of protection or services or neglected and 
 11.3   in foster care, it shall enter an order making any of the 
 11.4   following dispositions of the case: 
 11.5      (1) place the child under the protective supervision of the 
 11.6   responsible social services agency or child-placing agency in 
 11.7   the home of a parent of the child under conditions prescribed by 
 11.8   the court directed to the correction of the child's need for 
 11.9   protection or services: 
 11.10     (i) the court may order the child into the home of a parent 
 11.11  who does not otherwise have legal custody of the child, however, 
 11.12  an order under this section does not confer legal custody on 
 11.13  that parent; 
 11.14     (ii) if the court orders the child into the home of a 
 11.15  father who is not adjudicated, he must cooperate with paternity 
 11.16  establishment proceedings regarding the child in the appropriate 
 11.17  jurisdiction as one of the conditions prescribed by the court 
 11.18  for the child to continue in his home; 
 11.19     (iii) the court may order the child into the home of a 
 11.20  noncustodial parent with conditions and may also order both the 
 11.21  noncustodial and the custodial parent to comply with the 
 11.22  requirements of a case plan under subdivision 2; or 
 11.23     (2) transfer legal custody to one of the following: 
 11.24     (i) a child-placing agency; or 
 11.25     (ii) the responsible social services agency.  In placing a 
 11.26  child whose custody has been transferred under this paragraph, 
 11.27  the agencies shall make an individualized determination of how 
 11.28  the placement is in the child's best interests using the 
 11.29  consideration for relatives and the best interest factors in 
 11.30  section 260C.212, subdivision 2, paragraph (b); or 
 11.31     (3) if the child has been adjudicated as a child in need of 
 11.32  protection or services because the child is in need of special 
 11.33  services or care to treat or ameliorate a physical or mental 
 11.34  disability or emotional disturbance as defined in section 
 11.35  245.4871, subdivision 15, the court may order the child's 
 11.36  parent, guardian, or custodian to provide it.  The court may 
 12.1   order the child's health plan company to provide mental health 
 12.2   services to the child.  Section 62Q.535 applies to an order for 
 12.3   mental health services directed to the child's health plan 
 12.4   company.  If the health plan, parent, guardian, or custodian 
 12.5   fails or is unable to provide this treatment or care, the court 
 12.6   may order it provided.  Absent specific written findings by the 
 12.7   court that the child's disability is the result of abuse or 
 12.8   neglect by the child's parent or guardian, the court shall not 
 12.9   transfer legal custody of the child for the purpose of obtaining 
 12.10  special treatment or care solely because the parent is unable to 
 12.11  provide the treatment or care.  If the court's order for mental 
 12.12  health treatment is based on a diagnosis made by a treatment 
 12.13  professional, the court may order that the diagnosing 
 12.14  professional not provide the treatment to the child if it finds 
 12.15  that such an order is in the child's best interests; or 
 12.16     (4) if the court believes that the child has sufficient 
 12.17  maturity and judgment and that it is in the best interests of 
 12.18  the child, the court may order a child 16 years old or older to 
 12.19  be allowed to live independently, either alone or with others as 
 12.20  approved by the court under supervision the court considers 
 12.21  appropriate, if the county board, after consultation with the 
 12.22  court, has specifically authorized this dispositional 
 12.23  alternative for a child. 
 12.24     (b) If the child was adjudicated in need of protection or 
 12.25  services because the child is a runaway or habitual truant, the 
 12.26  court may order any of the following dispositions in addition to 
 12.27  or as alternatives to the dispositions authorized under 
 12.28  paragraph (a): 
 12.29     (1) counsel the child or the child's parents, guardian, or 
 12.30  custodian; 
 12.31     (2) place the child under the supervision of a probation 
 12.32  officer or other suitable person in the child's own home under 
 12.33  conditions prescribed by the court, including reasonable rules 
 12.34  for the child's conduct and the conduct of the parents, 
 12.35  guardian, or custodian, designed for the physical, mental, and 
 12.36  moral well-being and behavior of the child; or with the consent 
 13.1   of the commissioner of corrections, place the child in a group 
 13.2   foster care facility which is under the commissioner's 
 13.3   management and supervision; 
 13.4      (3) subject to the court's supervision, transfer legal 
 13.5   custody of the child to one of the following: 
 13.6      (i) a reputable person of good moral character.  No person 
 13.7   may receive custody of two or more unrelated children unless 
 13.8   licensed to operate a residential program under sections 245A.01 
 13.9   to 245A.16; or 
 13.10     (ii) a county probation officer for placement in a group 
 13.11  foster home established under the direction of the juvenile 
 13.12  court and licensed pursuant to section 241.021; 
 13.13     (4) require the child to pay a fine of up to $100.  The 
 13.14  court shall order payment of the fine in a manner that will not 
 13.15  impose undue financial hardship upon the child; 
 13.16     (5) require the child to participate in a community service 
 13.17  project; 
 13.18     (6) order the child to undergo a chemical dependency 
 13.19  evaluation and, if warranted by the evaluation, order 
 13.20  participation by the child in a drug awareness program or an 
 13.21  inpatient or outpatient chemical dependency treatment program; 
 13.22     (7) if the court believes that it is in the best interests 
 13.23  of the child and of public safety that the child's driver's 
 13.24  license or instruction permit be canceled, the court may order 
 13.25  the commissioner of public safety to cancel the child's license 
 13.26  or permit for any period up to the child's 18th birthday.  If 
 13.27  the child does not have a driver's license or permit, the court 
 13.28  may order a denial of driving privileges for any period up to 
 13.29  the child's 18th birthday.  The court shall forward an order 
 13.30  issued under this clause to the commissioner, who shall cancel 
 13.31  the license or permit or deny driving privileges without a 
 13.32  hearing for the period specified by the court.  At any time 
 13.33  before the expiration of the period of cancellation or denial, 
 13.34  the court may, for good cause, order the commissioner of public 
 13.35  safety to allow the child to apply for a license or permit, and 
 13.36  the commissioner shall so authorize; 
 14.1      (8) order that the child's parent or legal guardian deliver 
 14.2   the child to school at the beginning of each school day for a 
 14.3   period of time specified by the court; or 
 14.4      (9) require the child to perform any other activities or 
 14.5   participate in any other treatment programs deemed appropriate 
 14.6   by the court.  
 14.7      To the extent practicable, the court shall enter a 
 14.8   disposition order the same day it makes a finding that a child 
 14.9   is in need of protection or services or neglected and in foster 
 14.10  care, but in no event more than 15 days after the finding unless 
 14.11  the court finds that the best interests of the child will be 
 14.12  served by granting a delay.  If the child was under eight years 
 14.13  of age at the time the petition was filed, the disposition order 
 14.14  must be entered within ten days of the finding and the court may 
 14.15  not grant a delay unless good cause is shown and the court finds 
 14.16  the best interests of the child will be served by the delay. 
 14.17     (c) If a child who is 14 years of age or older is 
 14.18  adjudicated in need of protection or services because the child 
 14.19  is a habitual truant and truancy procedures involving the child 
 14.20  were previously dealt with by a school attendance review board 
 14.21  or county attorney mediation program under section 260A.06 or 
 14.22  260A.07, the court shall order a cancellation or denial of 
 14.23  driving privileges under paragraph (b), clause (7), for any 
 14.24  period up to the child's 18th birthday. 
 14.25     (d) In the case of a child adjudicated in need of 
 14.26  protection or services because the child has committed domestic 
 14.27  abuse and been ordered excluded from the child's parent's home, 
 14.28  the court shall dismiss jurisdiction if the court, at any time, 
 14.29  finds the parent is able or willing to provide an alternative 
 14.30  safe living arrangement for the child, as defined in Laws 1997, 
 14.31  chapter 239, article 10, section 2.  
 14.32     (e) When a parent has complied with a case plan ordered 
 14.33  under subdivision 6 and the child is in the care of the parent, 
 14.34  the court may order the responsible social services agency to 
 14.35  monitor the parent's continued ability to maintain the child 
 14.36  safely in the home under such terms and conditions as the court 
 15.1   determines appropriate under the circumstances. 
 15.2      Sec. 4.  Minnesota Statutes 2004, section 260C.201, 
 15.3   subdivision 2, is amended to read: 
 15.4      Subd. 2.  [WRITTEN FINDINGS.] (a) Any order for a 
 15.5   disposition authorized under this section shall contain written 
 15.6   findings of fact to support the disposition and case plan 
 15.7   ordered and shall also set forth in writing the following 
 15.8   information: 
 15.9      (1) Why the best interests and safety of the child are 
 15.10  served by the disposition and case plan ordered; 
 15.11     (2) What alternative dispositions or services under the 
 15.12  case plan were considered by the court and why such dispositions 
 15.13  or services were not appropriate in the instant case; 
 15.14     (3) When legal custody of the child is transferred, the 
 15.15  appropriateness of the particular placement made or to be made 
 15.16  by the placing agency using the factors in section 260C.212, 
 15.17  subdivision 2, paragraph (b); and 
 15.18     (4) Whether reasonable efforts consistent with section 
 15.19  260.012 were made to prevent or eliminate the necessity of the 
 15.20  child's removal and to reunify the family after removal.  The 
 15.21  court's findings must include a brief description of what 
 15.22  preventive and reunification efforts were made and why further 
 15.23  efforts could not have prevented or eliminated the necessity of 
 15.24  removal or that reasonable efforts were not required under 
 15.25  section 260.012 or 260C.178, subdivision 1; and 
 15.26     (5) If the child has been adjudicated as a child in need of 
 15.27  protection or services because the child is in need of special 
 15.28  services or care to treat or ameliorate a mental disability or 
 15.29  emotional disturbance as defined in section 245.4871, 
 15.30  subdivision 15, the written findings shall also set forth: 
 15.31     (i) whether the child has mental health needs that must be 
 15.32  addressed by the case plan; 
 15.33     (ii) what consideration was given to the diagnostic and 
 15.34  functional assessments performed by the child's mental health 
 15.35  professional and to health and mental health care professionals' 
 15.36  treatment recommendations; 
 16.1      (iii) what consideration was given to the requests or 
 16.2   preferences of the child's parent or guardian with regard to the 
 16.3   child's interventions, services, or treatment; and 
 16.4      (iv) what consideration was given to the cultural 
 16.5   appropriateness of the child's treatment or services. 
 16.6      (b) If the court finds that the social services agency's 
 16.7   preventive or reunification efforts have not been reasonable but 
 16.8   that further preventive or reunification efforts could not 
 16.9   permit the child to safely remain at home, the court may 
 16.10  nevertheless authorize or continue the removal of the child. 
 16.11     (c) If the child has been identified by the responsible 
 16.12  social services agency as the subject of concurrent permanency 
 16.13  planning, the court shall review the reasonable efforts of the 
 16.14  agency to recruit, identify, and make a placement in a home 
 16.15  where the foster parent or relative that has committed to being 
 16.16  the legally permanent home for the child in the event 
 16.17  reunification efforts are not successful. 
 16.18     Sec. 5.  Minnesota Statutes 2004, section 260C.205, is 
 16.19  amended to read: 
 16.20     260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 16.21     Unless the court disposes of the petition under section 
 16.22  260C.141, subdivision 2, upon a petition for review of the 
 16.23  foster care status of a child, the court may:  
 16.24     (a) Find that the child's needs are not being met, in which 
 16.25  case the court shall order the social services agency or the 
 16.26  parents to take whatever action is necessary and feasible to 
 16.27  meet the child's needs, including, when appropriate, the 
 16.28  provision by the social services agency of services to the 
 16.29  parents which would enable the child to live at home, and order 
 16.30  a disposition under section 260C.201. 
 16.31     (b) Find that the child has been abandoned by parents 
 16.32  financially or emotionally, or that the developmentally disabled 
 16.33  child does not require out-of-home care because of the 
 16.34  handicapping condition, in which case the court shall order the 
 16.35  social services agency to file an appropriate petition pursuant 
 16.36  to section 260C.141, subdivision 1, or 260C.307. 
 17.1      (c) When a child is in placement due solely to the child's 
 17.2   developmental disability or emotional disturbance and the court 
 17.3   finds that there are compelling reasons which permit the court 
 17.4   to approve the continued voluntary placement of the child and 
 17.5   retain jurisdiction to conduct reviews as required under section 
 17.6   260C.141, subdivision 2, the court shall give the parent notice 
 17.7   by registered United States mail of the review requirements of 
 17.8   section 260C.141, subdivision 2, in the event the child 
 17.9   continues in placement 12 months or longer. 
 17.10     Nothing in this section shall be construed to prohibit 
 17.11  bringing a petition pursuant to section 260C.141, subdivision 1 
 17.12  or 4, sooner than required by court order pursuant to this 
 17.13  section.  
 17.14     Sec. 6.  Minnesota Statutes 2004, section 260C.212, 
 17.15  subdivision 1, is amended to read: 
 17.16     Subdivision 1.  [OUT-OF-HOME PLACEMENT; PLAN.] (a) An 
 17.17  out-of-home placement plan shall be prepared within 30 days 
 17.18  after any child is placed in a residential facility by court 
 17.19  order or by the voluntary release of the child by the parent or 
 17.20  parents.  
 17.21     For purposes of this section, a residential facility means 
 17.22  any group home, family foster home or other publicly supported 
 17.23  out-of-home residential facility, including any out-of-home 
 17.24  residential facility under contract with the state, county or 
 17.25  other political subdivision, or any agency thereof, to provide 
 17.26  those services or foster care as defined in section 260C.007, 
 17.27  subdivision 18. 
 17.28     (b) An out-of-home placement plan means a written document 
 17.29  which is prepared by the responsible social services agency 
 17.30  jointly with the parent or parents or guardian of the child and 
 17.31  in consultation with the child's guardian ad litem, the child's 
 17.32  tribe, if the child is an Indian child, the child's foster 
 17.33  parent or representative of the residential facility, and, where 
 17.34  appropriate, the child.  For a child in placement due solely or 
 17.35  in part to the child's emotional disturbance, preparation of the 
 17.36  out-of-home placement plan shall additionally include the 
 18.1   child's mental health treatment provider.  As appropriate, the 
 18.2   plan shall be: 
 18.3      (1) submitted to the court for approval under section 
 18.4   260C.178, subdivision 7; 
 18.5      (2) ordered by the court, either as presented or modified 
 18.6   after hearing, under section 260C.178, subdivision 7, or 
 18.7   260C.201, subdivision 6; and 
 18.8      (3) signed by the parent or parents or guardian of the 
 18.9   child, the child's guardian ad litem, a representative of the 
 18.10  child's tribe, the responsible social services agency, and, if 
 18.11  possible, the child.  
 18.12     (c) The out-of-home placement plan shall be explained to 
 18.13  all persons involved in its implementation, including the child 
 18.14  who has signed the plan, and shall set forth: 
 18.15     (1) a description of the residential facility including how 
 18.16  the out-of-home placement plan is designed to achieve a safe 
 18.17  placement for the child in the least restrictive, most 
 18.18  family-like, setting available which is in close proximity to 
 18.19  the home of the parent or parents or guardian of the child when 
 18.20  the case plan goal is reunification, and how the placement is 
 18.21  consistent with the best interests and special needs of the 
 18.22  child according to the factors under subdivision 2, paragraph 
 18.23  (b); 
 18.24     (2) the specific reasons for the placement of the child in 
 18.25  a residential facility, and when reunification is the plan, a 
 18.26  description of the problems or conditions in the home of the 
 18.27  parent or parents which necessitated removal of the child from 
 18.28  home and the changes the parent or parents must make in order 
 18.29  for the child to safely return home; 
 18.30     (3) a description of the services offered and provided to 
 18.31  prevent removal of the child from the home and to reunify the 
 18.32  family including: 
 18.33     (i) the specific actions to be taken by the parent or 
 18.34  parents of the child to eliminate or correct the problems or 
 18.35  conditions identified in clause (2), and the time period during 
 18.36  which the actions are to be taken; and 
 19.1      (ii) the reasonable efforts, or in the case of an Indian 
 19.2   child, active efforts to be made to achieve a safe and stable 
 19.3   home for the child including social and other supportive 
 19.4   services to be provided or offered to the parent or parents or 
 19.5   guardian of the child, the child, and the residential facility 
 19.6   during the period the child is in the residential facility; 
 19.7      (4) a description of any services or resources that were 
 19.8   requested by the child or the child's parent, guardian, foster 
 19.9   parent, or custodian since the date of the child's placement in 
 19.10  the residential facility, and whether those services or 
 19.11  resources were provided and if not, the basis for the denial of 
 19.12  the services or resources; 
 19.13     (5) the visitation plan for the parent or parents or 
 19.14  guardian, other relatives as defined in section 260C.007, 
 19.15  subdivision 27, and siblings of the child if the siblings are 
 19.16  not placed together in the residential facility, and whether 
 19.17  visitation is consistent with the best interest of the child, 
 19.18  during the period the child is in the residential facility; 
 19.19     (6) documentation of steps to finalize the adoption or 
 19.20  legal guardianship of the child if the court has issued an order 
 19.21  terminating the rights of both parents of the child or of the 
 19.22  only known, living parent of the child, and a copy of this 
 19.23  documentation shall be provided to the court in the review 
 19.24  required under section 260C.317, subdivision 3, paragraph (b); 
 19.25     (7) to the extent available and accessible, the health and 
 19.26  educational records of the child including: 
 19.27     (i) the names and addresses of the child's health and 
 19.28  educational providers; 
 19.29     (ii) the child's grade level performance; 
 19.30     (iii) the child's school record; 
 19.31     (iv) assurances that the child's placement in foster care 
 19.32  takes into account proximity to the school in which the child is 
 19.33  enrolled at the time of placement; 
 19.34     (v) a record of the child's immunizations; 
 19.35     (vi) the child's known medical problems, including any 
 19.36  known communicable diseases, as defined in section 144.4172, 
 20.1   subdivision 2; 
 20.2      (vii) the child's medications; and 
 20.3      (viii) any other relevant health and education information; 
 20.4   and 
 20.5      (8) an independent living plan for a child age 16 or older 
 20.6   who is in placement as a result of a permanency disposition.  
 20.7   The plan should include, but not be limited to, the following 
 20.8   objectives: 
 20.9      (i) educational, vocational, or employment planning; 
 20.10     (ii) health care planning and medical coverage; 
 20.11     (iii) transportation including, where appropriate, 
 20.12  assisting the child in obtaining a driver's license; 
 20.13     (iv) money management; 
 20.14     (v) planning for housing; 
 20.15     (vi) social and recreational skills; and 
 20.16     (vii) establishing and maintaining connections with the 
 20.17  child's family and community; and 
 20.18     (9) for a child in placement due solely or in part to the 
 20.19  child's emotional disturbance, diagnostic and assessment 
 20.20  information, specific services relating to meeting the mental 
 20.21  health care needs of the child, and treatment outcomes. 
 20.22     (d) The parent or parents or guardian and the child each 
 20.23  shall have the right to legal counsel in the preparation of the 
 20.24  case plan and shall be informed of the right at the time of 
 20.25  placement of the child.  The child shall also have the right to 
 20.26  a guardian ad litem.  If unable to employ counsel from their own 
 20.27  resources, the court shall appoint counsel upon the request of 
 20.28  the parent or parents or the child or the child's legal 
 20.29  guardian.  The parent or parents may also receive assistance 
 20.30  from any person or social services agency in preparation of the 
 20.31  case plan. 
 20.32     After the plan has been agreed upon by the parties involved 
 20.33  or approved or ordered by the court, the foster parents shall be 
 20.34  fully informed of the provisions of the case plan and shall be 
 20.35  provided a copy of the plan. 
 20.36     Sec. 7.  [EFFECTIVE DATE.] 
 21.1      Sections 1 to 6 shall be effective the day following final 
 21.2   enactment. 
 21.3                              ARTICLE 3 
 21.4                           CIVIL COMMITMENT 
 21.5      Section 1.  Minnesota Statutes 2004, section 253B.02, 
 21.6   subdivision 7, is amended to read: 
 21.7      Subd. 7.  [EXAMINER.] "Examiner" means a person who is 
 21.8   knowledgeable, trained, and practicing in the diagnosis and 
 21.9   assessment or in the treatment of the alleged impairment, and 
 21.10  who is: 
 21.11     (1) a licensed physician; or 
 21.12     (2) a licensed psychologist who has a doctoral degree in 
 21.13  psychology or who became a licensed consulting psychologist 
 21.14  before July 2, 1975; or 
 21.15     (3) an advanced practice registered nurse (APRN) certified 
 21.16  in mental health. 
 21.17     Sec. 2.  Minnesota Statutes 2004, section 253B.02, 
 21.18  subdivision 9, is amended to read: 
 21.19     Subd. 9.  [HEALTH OFFICER.] "Health officer" means a 
 21.20  licensed physician, licensed psychologist, licensed social 
 21.21  worker, registered nurse working in an emergency room of a 
 21.22  hospital, or psychiatric or public health nurse as defined in 
 21.23  section 145A.02, subdivision 18, or an advanced practice 
 21.24  registered nurse (APRN) as defined in section 148.171, 
 21.25  subdivision 3, and formally designated members of a prepetition 
 21.26  screening unit established by section 253B.07. 
 21.27     Sec. 3.  Minnesota Statutes 2004, section 253B.05, 
 21.28  subdivision 2, is amended to read: 
 21.29     Subd. 2.  [PEACE OR HEALTH OFFICER AUTHORITY.] (a) A peace 
 21.30  or health officer may take a person into custody and transport 
 21.31  the person to a licensed physician or treatment facility if the 
 21.32  officer has reason to believe, either through direct observation 
 21.33  of the person's behavior, or upon reliable information of the 
 21.34  person's recent behavior and knowledge of the person's past 
 21.35  behavior or psychiatric treatment, that the person is mentally 
 21.36  ill or mentally retarded and in danger of injuring self or 
 22.1   others if not immediately detained.  A peace or health officer 
 22.2   or a person working under such officer's supervision, may take a 
 22.3   person who is believed to be chemically dependent or is 
 22.4   intoxicated in public into custody and transport the person to a 
 22.5   treatment facility.  If the person is intoxicated in public or 
 22.6   is believed to be chemically dependent and is not in danger of 
 22.7   causing self-harm or harm to any person or property, the peace 
 22.8   or health officer may transport the person home.  The peace or 
 22.9   health officer shall make written application for admission of 
 22.10  the person to the treatment facility.  The application shall 
 22.11  contain the peace or health officer's statement specifying the 
 22.12  reasons for and circumstances under which the person was taken 
 22.13  into custody.  If danger to specific individuals is a basis for 
 22.14  the emergency hold, the statement must include identifying 
 22.15  information on those individuals, to the extent practicable.  A 
 22.16  copy of the statement shall be made available to the person 
 22.17  taken into custody.  
 22.18     (b) As far as is practicable, a peace officer who provides 
 22.19  transportation for a person placed in a facility under this 
 22.20  subdivision may not be in uniform and may not use a vehicle 
 22.21  visibly marked as a law enforcement vehicle.  
 22.22     (c) A person may be admitted to a treatment facility for 
 22.23  emergency care and treatment under this subdivision with the 
 22.24  consent of the head of the facility under the following 
 22.25  circumstances:  (1) a written statement is made by shall only be 
 22.26  made by the following individuals who are knowledgeable, 
 22.27  trained, and practicing in the diagnosis and treatment of mental 
 22.28  illness or mental retardation; the medical officer, or the 
 22.29  officer's designee on duty at the facility, if the designee is 
 22.30  including a licensed physician, a registered physician 
 22.31  assistant, or an advanced practice registered nurse who is 
 22.32  knowledgeable, trained, and practicing in the diagnosis and 
 22.33  treatment of mental illness or mental retardation, that after 
 22.34  preliminary examination has determined that the person has 
 22.35  symptoms of mental illness or mental retardation and appears to 
 22.36  be in danger of harming self or others if not immediately 
 23.1   detained; or (2) a written statement is made by the institution 
 23.2   program director or the director's designee on duty at the 
 23.3   facility after preliminary examination that the person has 
 23.4   symptoms of chemical dependency and appears to be in danger of 
 23.5   harming self or others if not immediately detained or is 
 23.6   intoxicated in public. 
 23.7      Sec. 4.  Minnesota Statutes 2004, section 609.2231, 
 23.8   subdivision 3, is amended to read: 
 23.9      Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 
 23.10  Whoever commits either of the following acts against an employee 
 23.11  of a correctional facility as defined in section 241.021, 
 23.12  subdivision 1, paragraph (f), or against a probation officer or 
 23.13  other qualified person employed in supervising offenders, or an 
 23.14  employee or other individual who provides care or treatment at a 
 23.15  treatment facility as defined in section 252.025, subdivision 7, 
 23.16  or 253B.02, subdivision 18a, while the employee, officer, or 
 23.17  person is engaged in the performance of a duty imposed by law, 
 23.18  policy, or rule is guilty of a felony and may be sentenced to 
 23.19  imprisonment for not more than two years or to payment of a fine 
 23.20  of not more than $4,000, or both: 
 23.21     (1) assaults the employee person and inflicts demonstrable 
 23.22  bodily harm; or 
 23.23     (2) intentionally throws or otherwise transfers bodily 
 23.24  fluids or feces at or onto the employee person. 
 23.25     Sec. 5.  [SUPREME COURT TASK FORCE; STUDY REQUIRED.] 
 23.26     Subdivision 1.  [ESTABLISHMENT.] The Minnesota Supreme 
 23.27  Court is requested to establish a task force to study the use of 
 23.28  the court system as an alternative to the administrative process 
 23.29  of the Special Review Board for reductions in custody and 
 23.30  discharge from commitment of those persons committed as a 
 23.31  sexually dangerous person or sexual psychopathic personality 
 23.32  under Minnesota Statutes, section 253B.185. 
 23.33     Subd. 2.  [MEMBERSHIP.] The task force shall consist of the 
 23.34  following: 
 23.35     (1) a representative from the Minnesota Supreme Court; 
 23.36     (2) a court administrator; 
 24.1      (3) a district court judge; 
 24.2      (4) a county attorney selected by the County Attorney's 
 24.3   Association; 
 24.4      (5) a representative from the Attorney General's Office; 
 24.5      (6) the ombudsman for mental health and mental retardation; 
 24.6      (7) a law enforcement representative; 
 24.7      (8) a county case manager; 
 24.8      (9) a victim services representative; 
 24.9      (10) a person experienced in treating sex offenders; 
 24.10     (11) a defense attorney; 
 24.11     (12) the commissioner of human services or the 
 24.12  commissioner's designee; 
 24.13     (13) the state-operated services forensic medical director 
 24.14  or the medical director's designee; 
 24.15     (14) the commissioner of corrections or the commissioner's 
 24.16  designee; 
 24.17     (15) a representative from community corrections; 
 24.18     (16) a member of the Special Review Board; and 
 24.19     (17) any other persons deemed necessary by the Minnesota 
 24.20  Supreme Court. 
 24.21     Subd. 3.  [RECOMMENDATIONS.] The task force shall convene 
 24.22  no later than August 1, 2005.  The task force shall examine 
 24.23  current law and practices relating to the reduction in custody 
 24.24  and discharge of persons committed as a sexually dangerous 
 24.25  person or sexual psychopathic personality.  The task force shall 
 24.26  examine the laws of other jurisdictions and shall make 
 24.27  recommendations regarding reduction in custody and discharge 
 24.28  procedures and release criteria.  The recommendations may 
 24.29  suggest the establishment of a judicial process rather than the 
 24.30  Special Review Board to authorize a reduction in custody or 
 24.31  discharge. 
 24.32     Subd. 4.  [REPORT.] The task force shall report to the 
 24.33  chairs of the house Public Safety Policy and Finance Committee 
 24.34  and the senate Crime Prevention and Public Safety Committee with 
 24.35  recommendations by February 1, 2006.