SF 855

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to child protection; allowing certain persons 
  1.3             to attend court hearings; amending Minnesota Statutes 
  1.4             1996, section 260.155, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 260.155, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
  1.9   under section 260.261, hearings on any matter shall be without a 
  1.10  jury and may be conducted in an informal manner, except that a 
  1.11  child who is prosecuted as an extended jurisdiction juvenile has 
  1.12  the right to a jury trial on the issue of guilt.  The rules of 
  1.13  evidence promulgated pursuant to section 480.0591 and the law of 
  1.14  evidence shall apply in adjudicatory proceedings involving a 
  1.15  child alleged to be delinquent, an extended jurisdiction 
  1.16  juvenile, or a juvenile petty offender, and hearings conducted 
  1.17  pursuant to section 260.125 except to the extent that the rules 
  1.18  themselves provide that they do not apply.  In all adjudicatory 
  1.19  proceedings involving a child alleged to be in need of 
  1.20  protection or services, the court shall admit only evidence that 
  1.21  would be admissible in a civil trial.  To be proved at trial, 
  1.22  allegations of a petition alleging a child to be in need of 
  1.23  protection or services must be proved by clear and convincing 
  1.24  evidence. 
  1.25     (b) Except for proceedings involving a child alleged to be 
  2.1   in need of protection or services and petitions for the 
  2.2   termination of parental rights, hearings may be continued or 
  2.3   adjourned from time to time.  In proceedings involving a child 
  2.4   alleged to be in need of protection or services and petitions 
  2.5   for the termination of parental rights, hearings may not be 
  2.6   continued or adjourned for more than one week unless the court 
  2.7   makes specific findings that the continuance or adjournment is 
  2.8   in the best interests of the child.  If a hearing is held on a 
  2.9   petition involving physical or sexual abuse of a child who is 
  2.10  alleged to be in need of protection or services or neglected and 
  2.11  in foster care, the court shall file the decision with the court 
  2.12  administrator as soon as possible but no later than 15 days 
  2.13  after the matter is submitted to the court.  When a continuance 
  2.14  or adjournment is ordered in any proceeding, the court may make 
  2.15  any interim orders as it deems in the best interests of the 
  2.16  minor in accordance with the provisions of sections 260.011 to 
  2.17  260.301. 
  2.18     (c) (1) Except as otherwise provided in this paragraph, the 
  2.19  court shall exclude the general public from hearings under this 
  2.20  chapter and shall admit only those persons who, in the 
  2.21  discretion of the court, have a direct interest in the case or 
  2.22  in the work of the court.  
  2.23     (2) Upon request, the court shall allow an interested 
  2.24  person to attend proceedings involving a child in need of 
  2.25  protection or services, unless the court determines that the 
  2.26  person's presence would not be in the best interests of the 
  2.27  child.  For purposes of this clause, "interested person" means 
  2.28  an adult relative of the child or another adult whom the court 
  2.29  finds has a demonstrable interest in the child.  The interested 
  2.30  person must agree not to disclose information from the 
  2.31  proceedings except as otherwise authorized by law.  A person who 
  2.32  violates an agreement not to disclose information is subject to 
  2.33  contempt of court.  The court may provide for notice of the 
  2.34  proceedings to an interested person who has requested it.  This 
  2.35  clause does not affect other rights of interested persons to 
  2.36  attend or participate in proceedings under this chapter. 
  3.1      (3) The court shall open the hearings to the public in 
  3.2   delinquency or extended jurisdiction juvenile proceedings where 
  3.3   the child is alleged to have committed an offense or has been 
  3.4   proven to have committed an offense that would be a felony if 
  3.5   committed by an adult and the child was at least 16 years of age 
  3.6   at the time of the offense, except that the court may exclude 
  3.7   the public from portions of a certification hearing to discuss 
  3.8   psychological material or other evidence that would not be 
  3.9   accessible to the public in an adult proceeding. 
  3.10     (d) In all delinquency cases a person named in the charging 
  3.11  clause of the petition as a person directly damaged in person or 
  3.12  property shall be entitled, upon request, to be notified by the 
  3.13  court administrator in writing, at the named person's last known 
  3.14  address, of (1) the date of the certification or adjudicatory 
  3.15  hearings, and (2) the disposition of the case. 
  3.16     (e) Adoption hearings shall be conducted in accordance with 
  3.17  the provisions of laws relating to adoptions.