HF 3670

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

  1.1                          A bill for an act 
  1.2             relating to habitual truancy; providing that there is 
  1.3             no right to counsel at public expense in child in need 
  1.4             of protection or services cases if the sole basis for 
  1.5             the petition is habitual truancy; amending Minnesota 
  1.6             Statutes 2000, section 260C.163, subdivision 3, as 
  1.7             amended; Minnesota Statutes 2001 Supplement, sections 
  1.8             260B.007, subdivision 16, as amended; 260C.141, 
  1.9             subdivision 3, as amended. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.12  260B.007, subdivision 16, as amended by Laws 2002, chapter 220, 
  1.13  article 6, section 10, is amended to read: 
  1.14     Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  1.15  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  1.16  alcohol offense, a juvenile controlled substance offense, a 
  1.17  violation of section 609.685, or a violation of a local 
  1.18  ordinance, which by its terms prohibits conduct by a child under 
  1.19  the age of 18 years which would be lawful conduct if committed 
  1.20  by an adult.  "Juvenile petty offense" also includes a habitual 
  1.21  truant, as defined in section 260C.007, subdivision 19, unless a 
  1.22  petition brought under chapter 260C states that an out-of-home 
  1.23  placement is sought for the child.  
  1.24     (b) Except as otherwise provided in paragraph (c), 
  1.25  "juvenile petty offense" also includes an offense that would be 
  1.26  a misdemeanor if committed by an adult.  
  1.27     (c) "Juvenile petty offense" does not include any of the 
  2.1   following: 
  2.2      (1) a misdemeanor-level violation of section 518B.01, 
  2.3   588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 
  2.4   609.746, 609.748, 609.79, or 617.23; 
  2.5      (2) a major traffic offense or an adult court traffic 
  2.6   offense, as described in section 260B.225; 
  2.7      (3) a misdemeanor-level offense committed by a child whom 
  2.8   the juvenile court previously has found to have committed a 
  2.9   misdemeanor, gross misdemeanor, or felony offense; or 
  2.10     (4) a misdemeanor-level offense committed by a child whom 
  2.11  the juvenile court has found to have committed a 
  2.12  misdemeanor-level juvenile petty offense on two or more prior 
  2.13  occasions, unless the county attorney designates the child on 
  2.14  the petition as a juvenile petty offender notwithstanding this 
  2.15  prior record.  As used in this clause, "misdemeanor-level 
  2.16  juvenile petty offense" includes a misdemeanor-level offense 
  2.17  that would have been a juvenile petty offense if it had been 
  2.18  committed on or after July 1, 1995.  
  2.19     (d) A child who commits a juvenile petty offense is a 
  2.20  "juvenile petty offender."  
  2.21     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  2.22     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.23  260C.141, subdivision 3, as amended by Laws 2002, chapter 220, 
  2.24  article 6, section 11, is amended to read: 
  2.25     Subd. 3.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
  2.26  HABITUAL TRUANT.] (a) If there is a school attendance review 
  2.27  board or county attorney mediation program operating in the 
  2.28  child's school district, a petition alleging that a child is in 
  2.29  need of protection or services as a habitual truant under 
  2.30  section 260C.007, subdivision 6, clause (14), may not be filed 
  2.31  until the applicable procedures under section 260A.06 or 260A.07 
  2.32  have been followed. 
  2.33     (b) A petition alleging that a child is in need of 
  2.34  protection or services as a habitual truant under section 
  2.35  260C.007, subdivision 6, clause (14), must give notice that the 
  2.36  petitioner is seeking an out-of-home placement of the child.  If 
  3.1   the petition does not state that an out-of-home placement is 
  3.2   sought for the child, the matter must proceed as a juvenile 
  3.3   petty offense action under chapter 260B.  
  3.4      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.5      Sec. 3.  Minnesota Statutes 2000, section 260C.163, 
  3.6   subdivision 3, as amended by Laws 2002, chapter 220, article 6, 
  3.7   section 12, is amended to read: 
  3.8      Subd. 3.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
  3.9   guardian or custodian has the right to effective assistance of 
  3.10  counsel in connection with a proceeding in juvenile court. 
  3.11     (b) Except in proceedings where the sole basis for the 
  3.12  petition is habitual truancy, if they the child, parent, 
  3.13  guardian, or custodian desire counsel but are unable to employ 
  3.14  it, the court shall appoint counsel to represent the child who 
  3.15  is ten years of age or older or the parents or guardian in any 
  3.16  case in which it feels that such an appointment is appropriate.  
  3.17     (c) In any proceeding where the sole basis for the petition 
  3.18  is habitual truancy, the child, parent, guardian, and custodian 
  3.19  do not have the right to appointment of a public defender or 
  3.20  other counsel at public expense.  However, before any 
  3.21  out-of-home placement, including foster care or inpatient 
  3.22  treatment, can be ordered, the court must appoint a public 
  3.23  defender or other counsel at public expense in accordance with 
  3.24  paragraph (b). 
  3.25     (d) Counsel for the child shall not also act as the child's 
  3.26  guardian ad litem.  
  3.27     (d) (e) In any proceeding where the subject of a petition 
  3.28  for a child in need of protection or services is not represented 
  3.29  by an attorney, the court shall determine the child's 
  3.30  preferences regarding the proceedings, if the child is of 
  3.31  suitable age to express a preference.  
  3.32     (e) A child, parent, guardian, or custodian is not entitled 
  3.33  to counsel at public expense in a case involving a child alleged 
  3.34  to be in need of protection or services as a habitual truant 
  3.35  under section 260C.007, subdivision 6, clause (14), unless the 
  3.36  petition states that an out-of-home placement is sought for the 
  4.1   child. 
  4.2      [EFFECTIVE DATE.] This section is effective July 1, 2002.