HF 3014

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 laws relating to 
  1.3             contributing to a child's delinquency, status as a 
  1.4             juvenile petty offender, or need for protection or 
  1.5             services; imposing civil and criminal penalties; 
  1.6             amending Minnesota Statutes 1996, sections 260.155, 
  1.7             subdivision 1; 260.255; and 260.315; Minnesota 
  1.8             Statutes 1997 Supplement, section 260.161, subdivision 
  1.9             2; repealing Minnesota Statutes 1996, section 260.261. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 260.155, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
  1.14  under section 260.261 260.315, hearings on any matter shall be 
  1.15  without a jury and may be conducted in an informal manner, 
  1.16  except that a child who is prosecuted as an extended 
  1.17  jurisdiction juvenile has the right to a jury trial on the issue 
  1.18  of guilt.  The rules of evidence promulgated pursuant to section 
  1.19  480.0591 and the law of evidence shall apply in adjudicatory 
  1.20  proceedings involving a child alleged to be delinquent, an 
  1.21  extended jurisdiction juvenile, or a juvenile petty offender, 
  1.22  and hearings conducted pursuant to section 260.125 except to the 
  1.23  extent that the rules themselves provide that they do not 
  1.24  apply.  In all adjudicatory proceedings involving a child 
  1.25  alleged to be in need of protection or services, the court shall 
  1.26  admit only evidence that would be admissible in a civil trial.  
  1.27  To be proved at trial, allegations of a petition alleging a 
  2.1   child to be in need of protection or services must be proved by 
  2.2   clear and convincing evidence. 
  2.3      (b) Except for proceedings involving a child alleged to be 
  2.4   in need of protection or services and petitions for the 
  2.5   termination of parental rights, hearings may be continued or 
  2.6   adjourned from time to time.  In proceedings involving a child 
  2.7   alleged to be in need of protection or services and petitions 
  2.8   for the termination of parental rights, hearings may not be 
  2.9   continued or adjourned for more than one week unless the court 
  2.10  makes specific findings that the continuance or adjournment is 
  2.11  in the best interests of the child.  If a hearing is held on a 
  2.12  petition involving physical or sexual abuse of a child who is 
  2.13  alleged to be in need of protection or services or neglected and 
  2.14  in foster care, the court shall file the decision with the court 
  2.15  administrator as soon as possible but no later than 15 days 
  2.16  after the matter is submitted to the court.  When a continuance 
  2.17  or adjournment is ordered in any proceeding, the court may make 
  2.18  any interim orders as it deems in the best interests of the 
  2.19  minor in accordance with the provisions of sections 260.011 to 
  2.20  260.301. 
  2.21     (c) Except as otherwise provided in this paragraph, the 
  2.22  court shall exclude the general public from hearings under this 
  2.23  chapter and shall admit only those persons who, in the 
  2.24  discretion of the court, have a direct interest in the case or 
  2.25  in the work of the court.  The court shall open the hearings to 
  2.26  the public in delinquency or extended jurisdiction juvenile 
  2.27  proceedings where the child is alleged to have committed an 
  2.28  offense or has been proven to have committed an offense that 
  2.29  would be a felony if committed by an adult and the child was at 
  2.30  least 16 years of age at the time of the offense, except that 
  2.31  the court may exclude the public from portions of a 
  2.32  certification hearing to discuss psychological material or other 
  2.33  evidence that would not be accessible to the public in an adult 
  2.34  proceeding. 
  2.35     (d) In all delinquency cases a person named in the charging 
  2.36  clause of the petition as a person directly damaged in person or 
  3.1   property shall be entitled, upon request, to be notified by the 
  3.2   court administrator in writing, at the named person's last known 
  3.3   address, of (1) the date of the certification or adjudicatory 
  3.4   hearings, and (2) the disposition of the case. 
  3.5      (e) Adoption hearings shall be conducted in accordance with 
  3.6   the provisions of laws relating to adoptions. 
  3.7      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  3.8   260.161, subdivision 2, is amended to read: 
  3.9      Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
  3.10  otherwise provided in this section, and except for legal records 
  3.11  arising from proceedings or portions of proceedings that are 
  3.12  public under section 260.155, subdivision 1, none of the records 
  3.13  of the juvenile court and none of the records relating to an 
  3.14  appeal from a nonpublic juvenile court proceeding, except the 
  3.15  written appellate opinion, shall be open to public inspection or 
  3.16  their contents disclosed except (a) by order of a court, (b) as 
  3.17  required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
  3.18  629.73, or (c) the name of a juvenile who is the subject of a 
  3.19  delinquency petition shall be released to the victim of the 
  3.20  alleged delinquent act upon the victim's request; unless it 
  3.21  reasonably appears that the request is prompted by a desire on 
  3.22  the part of the requester to engage in unlawful activities.  The 
  3.23  records of juvenile probation officers and county home schools 
  3.24  are records of the court for the purposes of this subdivision.  
  3.25  Court services data relating to delinquent acts that are 
  3.26  contained in records of the juvenile court may be released as 
  3.27  allowed under section 13.84, subdivision 5a.  This subdivision 
  3.28  applies to all proceedings under this chapter, including appeals 
  3.29  from orders of the juvenile court, except that this subdivision 
  3.30  does not apply to proceedings under section 260.255, 260.261, or 
  3.31  260.315 when the proceeding involves an adult defendant.  The 
  3.32  court shall maintain the confidentiality of adoption files and 
  3.33  records in accordance with the provisions of laws relating to 
  3.34  adoptions.  In juvenile court proceedings any report or social 
  3.35  history furnished to the court shall be open to inspection by 
  3.36  the attorneys of record and the guardian ad litem a reasonable 
  4.1   time before it is used in connection with any proceeding before 
  4.2   the court. 
  4.3      When a judge of a juvenile court, or duly authorized agent 
  4.4   of the court, determines under a proceeding under this chapter 
  4.5   that a child has violated a state or local law, ordinance, or 
  4.6   regulation pertaining to the operation of a motor vehicle on 
  4.7   streets and highways, except parking violations, the judge or 
  4.8   agent shall immediately report the violation to the commissioner 
  4.9   of public safety.  The report must be made on a form provided by 
  4.10  the department of public safety and must contain the information 
  4.11  required under section 169.95. 
  4.12     Sec. 3.  Minnesota Statutes 1996, section 260.255, is 
  4.13  amended to read: 
  4.14     260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO 
  4.15  DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR 
  4.16  PROTECTION OR SERVICES; COURT ORDERS.] 
  4.17     Subdivision 1.  [JURISDICTION.] The juvenile court has 
  4.18  civil jurisdiction over persons contributing to the delinquency, 
  4.19  status as a juvenile petty offender, or need for protection or 
  4.20  services of a child under the provisions of subdivision 2 or 3 
  4.21  this section.  
  4.22     Subd. 1a.  [PETITION; ORDER TO SHOW CAUSE.] A request for 
  4.23  jurisdiction over a person described in subdivision 1 shall be 
  4.24  initiated by the filing of a verified complaint by the county 
  4.25  attorney having jurisdiction over the place where the child is 
  4.26  found, resides, or where the alleged act of contributing 
  4.27  occurred.  The petition shall allege the factual basis for the 
  4.28  claim that the person is contributing to the child's 
  4.29  delinquency, status as a juvenile petty offender, or need for 
  4.30  protection or services.  If the court determines, upon review of 
  4.31  the verified petition, that probable cause exists to believe 
  4.32  that the person has contributed to the child's delinquency, 
  4.33  status as a juvenile petty offender, or need for protection or 
  4.34  services, the court shall issue an order to show cause why the 
  4.35  person should not be subject to the jurisdiction of the court.  
  4.36  The order to show cause and a copy of the verified petition 
  5.1   shall be served personally upon the person and shall set forth 
  5.2   the time and place of the hearing to be conducted under 
  5.3   subdivision 2.  
  5.4      Subd. 2.  [HEARING.] If in (a) The court shall conduct a 
  5.5   hearing on the petition in accordance with the procedures 
  5.6   contained in paragraph (b).  
  5.7      (b) Hearings under this subdivision shall be without a jury.
  5.8   The rules of evidence promulgated pursuant to section 480.0591 
  5.9   and the provisions under section 260.156 shall apply.  In all 
  5.10  proceedings under this section, the court shall admit only 
  5.11  evidence that would be admissible in a civil trial.  When the 
  5.12  respondent is an adult, hearings under this subdivision shall be 
  5.13  open to the public.  Hearings shall be conducted within five 
  5.14  days of personal service of the order to show cause and may be 
  5.15  continued for a reasonable period of time if a continuance is in 
  5.16  the best interest of the child or in the interests of justice. 
  5.17     (c) At the conclusion of the hearing of a case of a child 
  5.18  alleged to be delinquent or in need of protection or services it 
  5.19  appears, if the court finds by a fair preponderance of the 
  5.20  evidence that any person has violated the provisions of the 
  5.21  person has contributed to the child's delinquency, status as a 
  5.22  juvenile petty offender, or need for protection or services, as 
  5.23  defined in section 260.315, the court may make any of the 
  5.24  following orders: 
  5.25     (a) (1) restrain the person from any further act or 
  5.26  omission in violation of section 260.315; or 
  5.27     (b) (2) prohibit the person from associating or 
  5.28  communicating in any manner with the child; or 
  5.29     (c) Provide for the maintenance or care of the child, if 
  5.30  the person is responsible for such, and direct when, how, and 
  5.31  where money for such maintenance or care shall be paid.  
  5.32     (3) require the person to participate in evaluation or 
  5.33  services determined necessary by the court to correct the 
  5.34  conditions that contributed to the child's delinquency, status 
  5.35  as a juvenile petty offender, or need for protection or 
  5.36  services; 
  6.1      (4) require the person to provide supervision, treatment, 
  6.2   or other necessary care; 
  6.3      (5) require the person to pay restitution to a victim for 
  6.4   pecuniary damages arising from an act of the child relating to 
  6.5   the child's delinquency, status as a juvenile petty offender, or 
  6.6   need for protection or services; 
  6.7      (6) require the person to pay the cost of services provided 
  6.8   to the child or for the child's protection; or 
  6.9      (7) require the person to provide for the child's 
  6.10  maintenance or care if the person is responsible for the 
  6.11  maintenance or care, and direct when, how, and where money for 
  6.12  the maintenance or care shall be paid.  If the person is 
  6.13  receiving public assistance for the child's maintenance or care, 
  6.14  the court shall authorize the public agency responsible for 
  6.15  administering the public assistance funds to make payments 
  6.16  directly to vendors for the cost of food, shelter, medical care, 
  6.17  utilities, and other necessary expenses.  
  6.18     Subd. 3.  [CRIMINAL PROCEEDINGS.] Before making any order 
  6.19  under subdivision 2 the court shall issue an order to show 
  6.20  cause, either upon its own motion or upon a verified petition, 
  6.21  specifying the charges made against the person and fixing the 
  6.22  time and place of the hearing.  The order to show cause shall be 
  6.23  served personally and shall be heard in the same manner as 
  6.24  provided in other cases in the juvenile court.  The county 
  6.25  attorney may bring both a criminal proceeding under section 
  6.26  260.315 and a civil action under this section. 
  6.27     Sec. 4.  Minnesota Statutes 1996, section 260.315, is 
  6.28  amended to read: 
  6.29     260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR 
  6.30  PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR 
  6.31  DELINQUENCY.] 
  6.32     Subdivision 1.  [CRIMES.] (a) Any person who by act, word, 
  6.33  or omission encourages, causes, or contributes to the need for 
  6.34  protection or services or delinquency of a child, or to a 
  6.35  child's status as a juvenile petty offender, is guilty of 
  6.36  a gross misdemeanor.  
  7.1      (b) This section does not apply to licensed social service 
  7.2   agencies and outreach workers who, while acting within the scope 
  7.3   of their professional duties, provide services to runaway 
  7.4   children. 
  7.5      Subd. 2.  [COMPLAINT; VENUE.] A complaint under this 
  7.6   section may be filed by the county attorney having jurisdiction 
  7.7   where the child is found or where a juvenile delinquency, child 
  7.8   protection, or juvenile petty offender matter concerning the 
  7.9   child is filed.  The complaint shall be filed in the juvenile 
  7.10  court.  A prior or pending petition alleging that the child is 
  7.11  delinquent, a juvenile petty offender, or in need of protection 
  7.12  or services is not a prerequisite to a complaint or a conviction 
  7.13  under this section.  
  7.14     Subd. 3.  [AFFIRMATIVE DEFENSE.] If the child is alleged to 
  7.15  be delinquent or a juvenile petty offender, or if the child's 
  7.16  conduct is the basis for the child's need for protection or 
  7.17  services, it is an affirmative defense to a prosecution under 
  7.18  subdivision 1 if the defendant proves, by a preponderance of the 
  7.19  evidence, that the defendant took reasonable steps to control 
  7.20  the child's conduct.  
  7.21     Sec. 5.  [REPEALER.] 
  7.22     Minnesota Statutes 1996, section 260.261, is repealed. 
  7.23     Sec. 6.  [EFFECTIVE DATE.] 
  7.24     Sections 1 to 5 are effective August 1, 1998, and apply to 
  7.25  acts occurring on or after that date.