HF 3154

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 court; conforming certain 
  1.3             statutory procedures to the rules of juvenile 
  1.4             procedure; amending Minnesota Statutes 1994, sections 
  1.5             260.141, by adding a subdivision; 260.145; and 
  1.6             260.281; repealing Minnesota Statutes 1994, section 
  1.7             260.141, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 260.141, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
  1.12  SERVICE.] The service of a summons or a notice in lieu of 
  1.13  summons shall be as provided in the rules of juvenile procedure. 
  1.14     Sec. 2.  Minnesota Statutes 1994, section 260.145, is 
  1.15  amended to read: 
  1.16     260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, 
  1.17  ARREST.] 
  1.18     If any person personally served with summons or subpoena 
  1.19  fails, without reasonable cause, to appear or bring the child, 
  1.20  or if the court has reason to believe the person is avoiding 
  1.21  personal service, or if any custodial parent or guardian fails, 
  1.22  without reasonable cause, to accompany the child to a hearing as 
  1.23  required under section 260.155, subdivision 4b, the person may 
  1.24  be proceeded against for contempt of court or the court may 
  1.25  issue a warrant for the person's arrest, or both.  In any case 
  1.26  when it appears to the court that the service will be 
  2.1   ineffectual, or that the welfare of the child requires that the 
  2.2   child be brought forthwith into the custody of the court, the 
  2.3   court may issue a warrant for immediate custody of the child. 
  2.4      Sec. 3.  Minnesota Statutes 1994, section 260.281, is 
  2.5   amended to read: 
  2.6      260.281 [NEW EVIDENCE.] 
  2.7      A child whose status has been adjudicated by a juvenile 
  2.8   court, or the child's parent, guardian, custodian or spouse may, 
  2.9   at any time within 90 15 days of the filing of the court's 
  2.10  order, petition the court for a rehearing on the ground that new 
  2.11  evidence has been discovered affecting the advisability of the 
  2.12  court's original adjudication or disposition.  Upon a showing 
  2.13  that such evidence does exist the court shall order that a new 
  2.14  hearing be held within 30 days, unless the court extends this 
  2.15  time period for good cause shown within the 30-day period, and 
  2.16  shall make such disposition of the case as the facts and the 
  2.17  best interests of the child warrant.  
  2.18     Sec. 4.  [REPEALER.] 
  2.19     Minnesota Statutes 1994, section 260.141, subdivision 1, is 
  2.20  repealed.