HF 2901

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

  1.1                          A bill for an act
  1.2             relating to juveniles; clarifying the definition of 
  1.3             child in need of protection or services; amending 
  1.4             Minnesota Statutes 1997 Supplement, section 260.015, 
  1.5             subdivision 2a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.8   260.015, subdivision 2a, is amended to read: 
  1.9      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
  1.10  "Child in need of protection or services" means a child who is 
  1.11  in need of protection or services because the child: 
  1.12     (1) is abandoned or without parent, guardian, or custodian; 
  1.13     (2)(i) has been a victim of physical or sexual abuse, (ii) 
  1.14  resides with or has resided with a victim of domestic child 
  1.15  abuse as defined in subdivision 24, (iii) resides with or would 
  1.16  reside with a perpetrator of domestic child abuse or child abuse 
  1.17  as defined in subdivision 28, or (iv) is a victim of emotional 
  1.18  maltreatment as defined in subdivision 5a; 
  1.19     (3) is without necessary food, clothing, shelter, 
  1.20  education, or other required care for the child's physical or 
  1.21  mental health or morals because the child's parent, guardian, or 
  1.22  custodian is unable or unwilling to provide that care; 
  1.23     (4) is without the special care made necessary by a 
  1.24  physical, mental, or emotional condition because the child's 
  1.25  parent, guardian, or custodian is unable or unwilling to provide 
  2.1   that care; 
  2.2      (5) is medically neglected, which includes, but is not 
  2.3   limited to, the withholding of medically indicated treatment 
  2.4   from a disabled infant with a life-threatening condition.  The 
  2.5   term "withholding of medically indicated treatment" means the 
  2.6   failure to respond to the infant's life-threatening conditions 
  2.7   by providing treatment, including appropriate nutrition, 
  2.8   hydration, and medication which, in the treating physician's or 
  2.9   physicians' reasonable medical judgment, will be most likely to 
  2.10  be effective in ameliorating or correcting all conditions, 
  2.11  except that the term does not include the failure to provide 
  2.12  treatment other than appropriate nutrition, hydration, or 
  2.13  medication to an infant when, in the treating physician's or 
  2.14  physicians' reasonable medical judgment: 
  2.15     (i) the infant is chronically and irreversibly comatose; 
  2.16     (ii) the provision of the treatment would merely prolong 
  2.17  dying, not be effective in ameliorating or correcting all of the 
  2.18  infant's life-threatening conditions, or otherwise be futile in 
  2.19  terms of the survival of the infant; or 
  2.20     (iii) the provision of the treatment would be virtually 
  2.21  futile in terms of the survival of the infant and the treatment 
  2.22  itself under the circumstances would be inhumane; 
  2.23     (6) is one whose parent, guardian, or other custodian for 
  2.24  good cause desires to be relieved of the child's care and 
  2.25  custody; 
  2.26     (7) has been placed for adoption or care in violation of 
  2.27  law; 
  2.28     (8) is without proper parental care because of the 
  2.29  emotional, mental, or physical disability, or state of 
  2.30  immaturity of the child's parent, guardian, or other custodian; 
  2.31     (9) is one whose behavior, condition, or environment is 
  2.32  such as to be injurious or dangerous to the child or others.  An 
  2.33  injurious or dangerous environment may include, but is not 
  2.34  limited to, the exposure of a child to criminal activity in the 
  2.35  child's home; 
  2.36     (10) has committed a delinquent act or a juvenile petty 
  3.1   offense before becoming ten years old; 
  3.2      (11) is a runaway; 
  3.3      (12) is an habitual truant; 
  3.4      (13) has been found incompetent to proceed or has been 
  3.5   found not guilty by reason of mental illness or mental 
  3.6   deficiency in connection with a delinquency proceeding, a 
  3.7   certification under section 260.125, an extended jurisdiction 
  3.8   juvenile prosecution, or a proceeding involving a juvenile petty 
  3.9   offense; 
  3.10     (14) is one whose custodial parent's parental rights to 
  3.11  another child have been involuntarily terminated within the past 
  3.12  five years; or 
  3.13     (15) has been found by the court to have committed domestic 
  3.14  abuse perpetrated by a minor under Laws 1997, chapter 239, 
  3.15  article 10, sections 2 to 26, has been ordered excluded from the 
  3.16  child's parent's home by an order for protection/minor 
  3.17  respondent, and the parent or guardian is either unwilling or 
  3.18  unable to provide an alternative safe living arrangement for the 
  3.19  child. 
  3.20     Sec. 2.  [EFFECTIVE DATE.] 
  3.21     Section 1 is effective August 1, 1998, and applies to acts 
  3.22  occurring on or after that date.