HF 1932

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile justice; amending time 
  1.3             requirements for certain certification and extended 
  1.4             jurisdiction juvenile hearings; requiring the court to 
  1.5             take into consideration public safety and restoration 
  1.6             of the victim upon making a disposition of a child 
  1.7             adjudicated delinquent; authorizing placing a child 
  1.8             under the age of 12 in long-term foster care under 
  1.9             certain circumstances; amending Minnesota Statutes 
  1.10            1994, sections 260.125, subdivision 2; 260.126, 
  1.11            subdivision 2; 260.185, subdivision 1; and 260.191, 
  1.12            subdivision 3b. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 260.125, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 
  1.17  provided in subdivision 3a or 3b, the juvenile court may order a 
  1.18  certification to district court only if:  
  1.19     (1) a petition has been filed in accordance with the 
  1.20  provisions of section 260.131; 
  1.21     (2) a motion for certification has been filed by the 
  1.22  prosecuting authority; 
  1.23     (3) notice has been given in accordance with the provisions 
  1.24  of sections 260.135 and 260.141; 
  1.25     (4) a hearing has been held in accordance with the 
  1.26  provisions of section 260.155 within 30 days of the filing of 
  1.27  the certification motion date of the child first appearing in 
  1.28  court, unless good cause is shown by the prosecution or the 
  1.29  child as to why the hearing should not be held within this 
  2.1   period in which case the hearing shall be held within 90 days of 
  2.2   the filing of the motion date of the child first appearing in 
  2.3   court; 
  2.4      (5) the court finds that there is probable cause, as 
  2.5   defined by the rules of criminal procedure promulgated pursuant 
  2.6   to section 480.059, to believe the child committed the offense 
  2.7   alleged by delinquency petition; and 
  2.8      (6) the court finds either: 
  2.9      (i) that the presumption of certification created by 
  2.10  subdivision 2a applies and the child has not rebutted the 
  2.11  presumption by clear and convincing evidence demonstrating that 
  2.12  retaining the proceeding in the juvenile court serves public 
  2.13  safety; or 
  2.14     (ii) that the presumption of certification does not apply 
  2.15  and the prosecuting authority has demonstrated by clear and 
  2.16  convincing evidence that retaining the proceeding in the 
  2.17  juvenile court does not serve public safety.  If the court finds 
  2.18  that the prosecutor has not demonstrated by clear and convincing 
  2.19  evidence that retaining the proceeding in juvenile court does 
  2.20  not serve public safety, the court shall retain the proceeding 
  2.21  in juvenile court. 
  2.22     Sec. 2.  Minnesota Statutes 1994, section 260.126, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [HEARING ON PROSECUTOR'S REQUEST.] When a 
  2.25  prosecutor requests that a proceeding be designated an extended 
  2.26  jurisdiction juvenile prosecution, the court shall hold a 
  2.27  hearing under section 260.155 to consider the request.  The 
  2.28  hearing must be held within 30 days of the filing of the request 
  2.29  for designation date of the child first appearing in court, 
  2.30  unless good cause is shown by the prosecution or the child as to 
  2.31  why the hearing should not be held within this period in which 
  2.32  case the hearing shall be held within 90 days of the filing of 
  2.33  the request date of the child first appearing in court.  If the 
  2.34  prosecutor shows by clear and convincing evidence that 
  2.35  designating the proceeding an extended jurisdiction juvenile 
  2.36  prosecution serves public safety, the court shall grant the 
  3.1   request for designation.  In determining whether public safety 
  3.2   is served, the court shall consider the factors specified in 
  3.3   section 260.125, subdivision 2b.  The court shall decide whether 
  3.4   to designate the proceeding an extended jurisdiction juvenile 
  3.5   prosecution within 15 days after the designation hearing is 
  3.6   completed, unless additional time is needed, in which case the 
  3.7   court may extend the period up to another 15 days. 
  3.8      Sec. 3.  Minnesota Statutes 1994, section 260.185, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [COURT ORDER, FINDINGS, REMEDIES, PUBLIC 
  3.11  SAFETY, TREATMENT.] If the court finds that the child is 
  3.12  delinquent, it shall enter an order making any of the following 
  3.13  dispositions of the case which are deemed necessary to for 
  3.14  public safety, restoration of the victim, and, where reasonable, 
  3.15  for the rehabilitation of the child: 
  3.16     (a) Counsel the child or the parents, guardian, or 
  3.17  custodian; 
  3.18     (b) Place the child under the supervision of a probation 
  3.19  officer or other suitable person in the child's own home under 
  3.20  conditions prescribed by the court including reasonable rules 
  3.21  for the child's conduct and the conduct of the child's parents, 
  3.22  guardian, or custodian, designed for the physical, mental, and 
  3.23  moral well-being and behavior of the child, or with the consent 
  3.24  of the commissioner of corrections, in a group foster care 
  3.25  facility which is under the management and supervision of said 
  3.26  commissioner; 
  3.27     (c) Subject to the supervision of the court, transfer legal 
  3.28  custody of the child to one of the following: 
  3.29     (1) a child-placing agency; or 
  3.30     (2) the local social services agency; or 
  3.31     (3) a reputable individual of good moral character.  No 
  3.32  person may receive custody of two or more unrelated children 
  3.33  unless licensed as a residential facility pursuant to sections 
  3.34  245A.01 to 245A.16; or 
  3.35     (4) a county home school, if the county maintains a home 
  3.36  school or enters into an agreement with a county home school; or 
  4.1      (5) a county probation officer for placement in a group 
  4.2   foster home established under the direction of the juvenile 
  4.3   court and licensed pursuant to section 241.021; 
  4.4      (d) Transfer legal custody by commitment to the 
  4.5   commissioner of corrections; 
  4.6      (e) If the child is found to have violated a state or local 
  4.7   law or ordinance which has resulted in damage to the person or 
  4.8   property of another, the court may order the child to make 
  4.9   reasonable restitution for such damage; 
  4.10     (f) Require the child to pay a fine of up to $700; the 
  4.11  court shall order payment of the fine in accordance with a time 
  4.12  payment schedule which shall not impose an undue financial 
  4.13  hardship on the child; 
  4.14     (g) If the child is in need of special treatment and care 
  4.15  for reasons of physical or mental health, the court may order 
  4.16  the child's parent, guardian, or custodian to provide it.  If 
  4.17  the parent, guardian, or custodian fails to provide this 
  4.18  treatment or care, the court may order it provided; 
  4.19     (h) If the court believes that it is in the best interests 
  4.20  of the child and of public safety that the driver's license of 
  4.21  the child be canceled until the child's 18th birthday, the court 
  4.22  may recommend to the commissioner of public safety the 
  4.23  cancellation of the child's license for any period up to the 
  4.24  child's 18th birthday, and the commissioner is hereby authorized 
  4.25  to cancel such license without a hearing.  At any time before 
  4.26  the termination of the period of cancellation, the court may, 
  4.27  for good cause, recommend to the commissioner of public safety 
  4.28  that the child be authorized to apply for a new license, and the 
  4.29  commissioner may so authorize. 
  4.30     If the child is petitioned and found by the court to have 
  4.31  committed a controlled substance offense under sections 152.021 
  4.32  to 152.027, the court shall determine whether the child 
  4.33  unlawfully possessed or sold the controlled substance while 
  4.34  driving a motor vehicle.  If so, the court shall notify the 
  4.35  commissioner of public safety of its determination and order the 
  4.36  commissioner to revoke the child's driver's license for the 
  5.1   applicable time period specified in section 152.0271.  If the 
  5.2   child does not have a driver's license or if the child's 
  5.3   driver's license is suspended or revoked at the time of the 
  5.4   delinquency finding, the commissioner shall, upon the child's 
  5.5   application for driver's license issuance or reinstatement, 
  5.6   delay the issuance or reinstatement of the child's driver's 
  5.7   license for the applicable time period specified in section 
  5.8   152.0271.  Upon receipt of the court's order, the commissioner 
  5.9   is authorized to take the licensing action without a hearing. 
  5.10     If the child is petitioned and found by the court to have 
  5.11  committed or attempted to commit an act in violation of section 
  5.12  609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 
  5.13  subdivision 1; 609.79; or 617.23, or another offense arising out 
  5.14  of a delinquency petition based on one or more of those 
  5.15  sections, the court shall order an independent professional 
  5.16  assessment of the child's need for sex offender treatment.  An 
  5.17  assessor providing an assessment for the court must be 
  5.18  experienced in the evaluation and treatment of juvenile sex 
  5.19  offenders. If the assessment indicates that the child is in need 
  5.20  of and amenable to sex offender treatment, the court shall 
  5.21  include in its disposition order a requirement that the child 
  5.22  undergo treatment.  Notwithstanding section 13.42, 13.85, 
  5.23  144.335, 260.161, or 626.556, the assessor has access to the 
  5.24  following private or confidential data on the child if access is 
  5.25  relevant and necessary for the assessment: 
  5.26     (1) medical data under section 13.42; 
  5.27     (2) corrections and detention data under section 13.85; 
  5.28     (3) health records under section 144.335; 
  5.29     (4) juvenile court records under section 260.161; and 
  5.30     (5) local welfare agency records under section 626.556. 
  5.31     Data disclosed under this paragraph may be used only for 
  5.32  purposes of the assessment and may not be further disclosed to 
  5.33  any other person, except as authorized by law. 
  5.34     If the child is found delinquent due to the commission of 
  5.35  an offense that would be a felony if committed by an adult, the 
  5.36  court shall make a specific finding on the record regarding the 
  6.1   juvenile's mental health and chemical dependency treatment needs.
  6.2      Any order for a disposition authorized under this section 
  6.3   shall contain written findings of fact to support the 
  6.4   disposition ordered, and shall also set forth in writing the 
  6.5   following information: 
  6.6      (a) why the best interests of the child are served by the 
  6.7   disposition ordered; and 
  6.8      (b) what alternative dispositions were considered by the 
  6.9   court and why such dispositions were not appropriate in the 
  6.10  instant case. 
  6.11     Sec. 4.  Minnesota Statutes 1994, section 260.191, 
  6.12  subdivision 3b, is amended to read: 
  6.13     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
  6.14  PLACEMENT DETERMINATION.] (a) If the court places a child in a 
  6.15  residential facility, as defined in section 257.071, subdivision 
  6.16  1, the court shall conduct a hearing to determine the permanent 
  6.17  status of the child not later than 12 months after the child was 
  6.18  placed out of the home of the parent.  Not later than ten days 
  6.19  prior to this hearing, the responsible social service agency 
  6.20  shall file pleadings to establish the basis for the permanent 
  6.21  placement determination.  Notice of the hearing and copies of 
  6.22  the pleadings must be provided pursuant to section 260.141.  If 
  6.23  a termination of parental rights petition is filed before the 
  6.24  date required for the permanency planning determination, no 
  6.25  hearing need be conducted under this section.  The court shall 
  6.26  determine whether the child is to be returned home or, if not, 
  6.27  what permanent placement is consistent with the child's best 
  6.28  interests.  The "best interests of the child" means all relevant 
  6.29  factors to be considered and evaluated. 
  6.30     If the child is not returned to the home, the dispositions 
  6.31  available for permanent placement determination are: 
  6.32     (1) permanent legal and physical custody to a relative 
  6.33  pursuant to the standards and procedures applicable under 
  6.34  chapter 257 or 518.  The social service agency may petition on 
  6.35  behalf of the proposed custodian; 
  6.36     (2) termination of parental rights and adoption; the social 
  7.1   service agency shall file a petition for termination of parental 
  7.2   rights under section 260.231 and all the requirements of 
  7.3   sections 260.221 to 260.245 remain applicable; or 
  7.4      (3) long-term foster care; transfer of legal custody and 
  7.5   adoption are preferred permanency options for a child who cannot 
  7.6   return home.  The court may order a child into long-term foster 
  7.7   care only if it finds that neither an award of legal and 
  7.8   physical custody to a relative, nor termination of parental 
  7.9   rights nor adoption is in the child's best interests.  Further, 
  7.10  the court may only order long-term foster care for the child 
  7.11  under this section if it finds the following: 
  7.12     (i) the child has reached age 12 and reasonable efforts by 
  7.13  the responsible social service agency have failed to locate an 
  7.14  adoptive family for the child; or 
  7.15     (ii) the child is a sibling of a child described in clause 
  7.16  (i) and the siblings have a significant positive relationship 
  7.17  and are ordered into the same long-term foster care home.; or 
  7.18     (iii) for a child under the age of 12 that does not meet 
  7.19  the criteria in clause (ii) but the court finds that reasonable 
  7.20  efforts by the responsible social service agency have failed to 
  7.21  locate an adoptive family and it is in the child's best 
  7.22  interests to remain in placement.  
  7.23     The court's order under clause (iii) can only be for up to 
  7.24  six months but may be reviewed by a hearing and continued for 
  7.25  six months at a time if new findings under clause (iii) are made.
  7.26     (b) The court may extend the time period for determination 
  7.27  of permanent placement to 18 months after the child was placed 
  7.28  in a residential facility if: 
  7.29     (1) there is a substantial probability that the child will 
  7.30  be returned home within the next six months; 
  7.31     (2) the agency has not made reasonable, or, in the case of 
  7.32  an Indian child, active efforts, to correct the conditions that 
  7.33  form the basis of the out-of-home placement; or 
  7.34     (3) extraordinary circumstances exist precluding a 
  7.35  permanent placement determination, in which case the court shall 
  7.36  make written findings documenting the extraordinary 
  8.1   circumstances and order one subsequent review after six months 
  8.2   to determine permanent placement.  A court finding that 
  8.3   extraordinary circumstances exist precluding a permanent 
  8.4   placement determination must be supported by detailed factual 
  8.5   findings regarding those circumstances. 
  8.6      (c) In ordering a permanent placement of a child, the court 
  8.7   must be governed by the best interests of the child, including a 
  8.8   review of the relationship between the child and relatives and 
  8.9   the child and other important persons with whom the child has 
  8.10  resided or had significant contact. 
  8.11     (d) Once a permanent placement determination has been made 
  8.12  and permanent placement has been established, further reviews 
  8.13  are only necessary if otherwise required by federal law, an 
  8.14  adoption has not yet been finalized, or there is a disruption of 
  8.15  the permanent or long-term placement.  If required, reviews must 
  8.16  take place no less frequently than every six months. 
  8.17     (e) An order under this subdivision must include the 
  8.18  following detailed findings: 
  8.19     (1) how the child's best interests are served by the order; 
  8.20     (2) the nature and extent of the responsible social service 
  8.21  agency's reasonable efforts, or, in the case of an Indian child, 
  8.22  active efforts, to reunify the child with the parent or parents; 
  8.23     (3) the parent's or parents' efforts and ability to use 
  8.24  services to correct the conditions which led to the out-of-home 
  8.25  placement; 
  8.26     (4) whether the conditions which led to the out-of-home 
  8.27  placement have been corrected so that the child can return home; 
  8.28  and 
  8.29     (5) if the child cannot be returned home, whether there is 
  8.30  a substantial probability of the child being able to return home 
  8.31  in the next six months.  
  8.32     (f) An order for permanent legal and physical custody of a 
  8.33  child may be modified under sections 518.18 and 518.185.  The 
  8.34  social service agency is a party to the proceeding and must 
  8.35  receive notice.  An order for long-term foster care is 
  8.36  reviewable upon motion and a showing by the parent of a 
  9.1   substantial change in the parent's circumstances such that the 
  9.2   parent could provide appropriate care for the child and that 
  9.3   removal of the child from the child's permanent placement and 
  9.4   the return to the parent's care would be in the best interest of 
  9.5   the child.