HF 2183

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile justice; requiring the court to 
  1.3             destroy investigatory files when child protection 
  1.4             petitions are dismissed; requiring background studies 
  1.5             of relatives before placement of certain juveniles; 
  1.6             amending Minnesota Statutes 2000, sections 260C.181, 
  1.7             subdivision 2; 260C.193, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 260C.181, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [LEAST RESTRICTIVE SETTING.] (a) Notwithstanding 
  1.12  the provisions of subdivision 1, if the child had been taken 
  1.13  into custody pursuant to section 260C.175, subdivision 1, clause 
  1.14  (a) or clause (b)(2), and is not alleged to be delinquent, the 
  1.15  child shall be detained in the least restrictive setting 
  1.16  consistent with the child's health and welfare and in closest 
  1.17  proximity to the child's family as possible.  Placement should 
  1.18  be with the noncustodial parent unless the legal parent objects 
  1.19  or there is an existing court order barring placement.  If 
  1.20  placement is not feasible, placement may be with a child's 
  1.21  relative, a designated caregiver under chapter 257A, or in a 
  1.22  shelter care facility.  
  1.23     (b) Before placement may be made with a child's relative, 
  1.24  the juvenile authority who has custody of the child shall 
  1.25  perform a background study on that relative.  Upon request of 
  1.26  the juvenile authority, a clerk or administrator of any court, 
  2.1   the bureau of criminal apprehension, a prosecuting attorney, a 
  2.2   county sheriff, or a chief of a local police department shall 
  2.3   promptly provide to the juvenile authority all criminal 
  2.4   conviction data available from local, state, and national 
  2.5   criminal history record repositories, including the criminal 
  2.6   justice data communications network, pertaining to the relative 
  2.7   and all persons living in the household.  A child must not be 
  2.8   placed with a relative who a background study discloses should 
  2.9   be disqualified because of a criminal history. 
  2.10     (c) Before placement, the juvenile authority shall also 
  2.11  perform a social services check to see if the relative's home 
  2.12  meets minimum safety requirements as established by the 
  2.13  commissioner of human services. 
  2.14     (d) The placing officer shall comply with this section and 
  2.15  shall document why a less restrictive setting will or will not 
  2.16  be in the best interests of the child for placement purposes. 
  2.17     Sec. 2.  Minnesota Statutes 2000, section 260C.193, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 1a.  [DESTRUCTION OF PETITION AND INVESTIGATORY 
  2.20  FILES.] Notwithstanding this chapter or any other law to the 
  2.21  contrary, when an investigation undertaken pursuant to section 
  2.22  260C.157 fails to substantiate a petition brought under section 
  2.23  260C.141, and the court dismisses the petition under subdivision 
  2.24  1, the child's parent, guardian, custodian, guardian ad litem, 
  2.25  or other counsel may move the court to order destruction of the 
  2.26  petition and investigatory files.