HF 3420

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 court; requiring placement with 
  1.3             relatives when a child in need of protection has been 
  1.4             removed from the home; amending Minnesota Statutes 
  1.5             2000, sections 260C.175, subdivision 2; 260C.176, 
  1.6             subdivision 1, by adding a subdivision; 260C.181, 
  1.7             subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 260C.175, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [NOTICE TO PARENT OR CUSTODIAN.] (a) Whenever a 
  1.12  peace officer takes a child into custody for shelter care or 
  1.13  relative placement pursuant to subdivision 1, section 260C.151, 
  1.14  subdivision 5, or section 260C.154, the officer shall notify the 
  1.15  parent or custodian that under section 260C.181, subdivision 2, 
  1.16  the parent or custodian may request that the child be placed 
  1.17  with a relative or a designated caregiver under chapter 257A 
  1.18  instead of in a shelter care facility.  
  1.19     (b) If the parent requests placement with a relative 
  1.20  according to the requirements of section 260C.176, subdivision 1.
  1.21     (c) The officer also shall give the parent or custodian of 
  1.22  the child a list of names, addresses, and telephone numbers of 
  1.23  social services agencies that offer child welfare services.  If 
  1.24  the parent or custodian was not present when the child was 
  1.25  removed from the residence, the list shall be left with an adult 
  1.26  on the premises or left in a conspicuous place on the premises 
  2.1   if no adult is present.  If the officer has reason to believe 
  2.2   the parent or custodian is not able to read and understand 
  2.3   English, the officer must provide a list that is written in the 
  2.4   language of the parent or custodian.  The list shall be prepared 
  2.5   by the commissioner of human services.  The commissioner shall 
  2.6   prepare lists for each county and provide each county with 
  2.7   copies of the list without charge.  The list shall be reviewed 
  2.8   annually by the commissioner and updated if it is no longer 
  2.9   accurate.  Neither the commissioner nor any peace officer or the 
  2.10  officer's employer shall be liable to any person for mistakes or 
  2.11  omissions in the list.  The list does not constitute a promise 
  2.12  that any agency listed will in fact assist the parent or 
  2.13  custodian.  
  2.14     Sec. 2.  Minnesota Statutes 2000, section 260C.176, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [NOTICE; RELEASE.] (a) If a child is taken 
  2.17  into custody as provided in section 260C.175, the parent, 
  2.18  guardian, or custodian of the child shall be notified as soon as 
  2.19  possible. Unless there is reason to believe that the child would 
  2.20  endanger self or others, not return for a court hearing, run 
  2.21  away from the child's parent, guardian, or custodian or 
  2.22  otherwise not remain in the care or control of the person to 
  2.23  whose lawful custody the child is released, or that the child's 
  2.24  health or welfare would be immediately endangered, the child 
  2.25  shall be released immediately to the custody of a parent, 
  2.26  guardian, custodian, relative, or other suitable person.  When a 
  2.27  child is taken into custody by a peace officer under section 
  2.28  260C.175, subdivision 1, clause (b)(2), release from detention 
  2.29  may be authorized by the detaining officer, the detaining 
  2.30  officer's supervisor, or the county attorney.  If the social 
  2.31  services agency has determined that the child's health or 
  2.32  welfare will not be endangered and the provision of appropriate 
  2.33  and available services will eliminate the need for placement, 
  2.34  the agency shall request authorization for the child's release 
  2.35  from detention.  
  2.36     (b) In order for a child to be placed with a suitable 
  3.1   person other than a relative, the peace officer and/or social 
  3.2   service agency must document good-faith attempts to make the 
  3.3   placement with relatives and, after reviewing prospective 
  3.4   relatives, find either that: 
  3.5      (1) it is not in the best interest of the child to make 
  3.6   placement with relatives; or 
  3.7      (2) no relative is available for placement. 
  3.8      (c) Upon removal of a child from the child's home, the 
  3.9   peace officer must document all efforts to locate and place the 
  3.10  child with suitable relatives.  The child must be placed with a 
  3.11  suitable relative as soon as practical, but no later than eight 
  3.12  hours after removal, unless this cannot be done under paragraph 
  3.13  (b). 
  3.14     (d) If the child is not placed with a relative within the 
  3.15  eight-hour period required under paragraph (b), the juvenile 
  3.16  court must be notified immediately.  The juvenile court shall 
  3.17  order an immediate hearing under Rule 40 of the rules of 
  3.18  juvenile relating to the best placement of the child. 
  3.19     (e) The person to whom the child is released shall promise 
  3.20  to bring the child to the court, if necessary, at the time the 
  3.21  court may direct.  If the person taking the child into custody 
  3.22  believes it desirable, that person may request the parent, 
  3.23  guardian, custodian, or other person designated by the court to 
  3.24  sign a written promise to bring the child to court as provided 
  3.25  above.  The intentional violation of such a promise, whether 
  3.26  given orally or in writing, shall be punishable as contempt of 
  3.27  court. 
  3.28     (f) The court may require the parent, guardian, custodian, 
  3.29  or other person to whom the child is released, to post any 
  3.30  reasonable bail or bond required by the court which shall be 
  3.31  forfeited to the court if the child does not appear as 
  3.32  directed.  The court may also release the child on the child's 
  3.33  own promise to appear in juvenile court.  
  3.34     Sec. 3.  Minnesota Statutes 2000, section 260C.176, is 
  3.35  amended by adding a subdivision to read: 
  3.36     Subd. 1a.  [CIVIL PENALTY.] A person aggrieved by the 
  4.1   failure of a law enforcement agency to comply with the emergency 
  4.2   protective care procedures under subdivision 1 may bring a civil 
  4.3   action in district court.  If the court finds the law 
  4.4   enforcement agency failed to perform its duties under 
  4.5   subdivision 1, the court shall order the agency to pay a civil 
  4.6   penalty of $10,000 to the aggrieved person. 
  4.7      Sec. 4.  Minnesota Statutes 2000, section 260C.181, 
  4.8   subdivision 2, is amended to read: 
  4.9      Subd. 2.  [LEAST RESTRICTIVE SETTING.] Notwithstanding the 
  4.10  provisions of subdivision 1, if the child had been taken into 
  4.11  custody pursuant to section 260C.175, subdivision 1, clause (a) 
  4.12  or clause (b)(2), and is not alleged to be delinquent, the child 
  4.13  shall be detained in the least restrictive setting consistent 
  4.14  with the child's health and welfare and in closest proximity to 
  4.15  the child's family as possible.  Placement may shall be with a 
  4.16  child's relative, a designated caregiver under chapter 257A, or 
  4.17  in a shelter care facility.  Placement with a relative as 
  4.18  required under section 260C.176, subdivision 1, shall be given 
  4.19  preference.  The placing officer shall comply with this section 
  4.20  and shall document why a less restrictive setting will or will 
  4.21  not be in the best interests of the child for placement purposes.