SF 1401

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

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; establishing a pilot 
  1.3             program regulating domestic abuse perpetrated by 
  1.4             minors; providing for the creation of family violence 
  1.5             coordinating councils; amending Minnesota Statutes 
  1.6             1996, sections 260.015, subdivision 2a; 260.165, 
  1.7             subdivision 1; 260.171, subdivision 2; 260.191, 
  1.8             subdivision 1; and 609.748, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10                             ARTICLE 1 
  1.11               DOMESTIC ABUSE PERPETRATED BY A MINOR 
  1.12     Section 1.  [PILOT PROGRAM.] 
  1.13     Actions under sections 2 to 26 are limited to a pilot 
  1.14  program in the 4th judicial district for the period August 1, 
  1.15  1997, through July 31, 1999.  At the conclusion of the pilot 
  1.16  period, the 4th judicial district shall report to the 
  1.17  legislature on the number of petitions filed under sections 2 to 
  1.18  26, the relationship of the parties, and the disposition of each 
  1.19  petition. 
  1.20     Sec. 2.  [DEFINITIONS.] 
  1.21     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.22  apply to sections 2 to 26. 
  1.23     Subd. 2.  [ALTERNATIVE SAFE LIVING ARRANGEMENT.] 
  1.24  "Alternative safe living arrangement" means a living arrangement 
  1.25  for a minor respondent proposed by a petitioning parent or 
  1.26  guardian if a court excludes the minor from the parent's or 
  1.27  guardian's home under sections 2 to 26, that is separate from 
  2.1   the victim of domestic abuse and safe for the minor respondent.  
  2.2   A living arrangement proposed by a petitioning parent or 
  2.3   guardian is presumed to be an alternative safe living 
  2.4   arrangement absent information to the contrary presented to the 
  2.5   court.  In evaluating any proposed living arrangement, the court 
  2.6   shall consider whether the arrangement provides the minor 
  2.7   respondent with necessary food, clothing, shelter, and education 
  2.8   in a safe environment.  Any proposed living arrangement that 
  2.9   would place the minor respondent in the care of an adult who has 
  2.10  been physically or sexually violent is presumed unsafe.  
  2.11  Minnesota Statutes, sections 245A.01 to 245A.16, do not apply to 
  2.12  an alternative safe living arrangement.  
  2.13     Subd. 3.  [DOMESTIC ABUSE PERPETRATED BY A MINOR.] 
  2.14  "Domestic abuse perpetrated by a minor" means any of the 
  2.15  following if committed against a family or household member by a 
  2.16  family or household member who is a minor: 
  2.17     (1) physical harm, bodily injury, or assault; 
  2.18     (2) infliction of fear of imminent physical harm, bodily 
  2.19  injury, or assault; or 
  2.20     (3) terroristic threats, within the meaning of Minnesota 
  2.21  Statutes, section 609.713, subdivision 1, or criminal sexual 
  2.22  conduct, within the meaning of Minnesota Statutes, section 
  2.23  609.342, 609.343, 609.344, or 609.345.  
  2.24     Subd. 4.  [FAMILY OR HOUSEHOLD MEMBER.] "Family or 
  2.25  household member" of a person means: 
  2.26     (1) the person's spouse; 
  2.27     (2) the person's former spouse; 
  2.28     (3) the person's parent; 
  2.29     (4) the person's child; 
  2.30     (5) a person related by blood to the person; 
  2.31     (6) a person who is presently residing with the person or 
  2.32  who has resided with the person in the past; 
  2.33     (7) a person who has a child in common with the person 
  2.34  regardless of whether they have been married or have lived 
  2.35  together at any time; 
  2.36     (8) two persons if one is pregnant and the other is alleged 
  3.1   to be the father, regardless of whether they have been married 
  3.2   or have lived together at any time; and 
  3.3      (9) a person involved with the person in a significant 
  3.4   romantic or sexual relationship. 
  3.5      Issuance of an order for protection/minor respondent in the 
  3.6   situation described in clause (8) does not affect a 
  3.7   determination of paternity under Minnesota Statutes, sections 
  3.8   257.51 to 257.74.  
  3.9      Subd. 5.  [MINOR.] "Minor" means a person under the age of 
  3.10  18. 
  3.11     Sec. 3.  [COURT JURISDICTION.] 
  3.12     An application for relief under sections 2 to 26 may be 
  3.13  filed in district court in the county of residence of either 
  3.14  party or in the county in which the alleged domestic abuse 
  3.15  occurred.  In a jurisdiction that uses referees in dissolution 
  3.16  actions or juvenile court, the court or judge may refer actions 
  3.17  under this section to a referee to take and report the evidence 
  3.18  in the action in the same manner and subject to the same 
  3.19  limitations as provided in Minnesota Statutes, section 518.13.  
  3.20  Actions under sections 2 to 26 must be given docket priority by 
  3.21  the court. 
  3.22     Sec. 4.  [FILING FEE.] 
  3.23     The filing fees for an order for protection/minor 
  3.24  respondent under section 7 are waived for the petitioner.  The 
  3.25  court administrator and the sheriff of any county in this state 
  3.26  shall perform their duties relating to service of process 
  3.27  without charge to the petitioner.  The court shall direct 
  3.28  payment of the reasonable costs of service of process by a 
  3.29  private process server if the sheriff is unavailable or if 
  3.30  service is made by publication, without requiring the petitioner 
  3.31  to make application under Minnesota Statutes, section 563.01.  
  3.32     Sec. 5.  [INFORMATION ON PETITIONER'S LOCATION OR 
  3.33  RESIDENCE.] 
  3.34     Upon the petitioner's request, information maintained by a 
  3.35  court regarding the petitioner's location or residence is not 
  3.36  accessible to the public and may be disclosed only to court or 
  4.1   law enforcement personnel for purposes of service of process, 
  4.2   conducting an investigation, or enforcing an order. 
  4.3      Sec. 6.  [RULES.] 
  4.4      Actions under sections 2 to 26 are governed by the 
  4.5   Minnesota Rules of Civil Procedure except as otherwise provided. 
  4.6      Sec. 7.  [ORDER FOR PROTECTION/MINOR RESPONDENT.] 
  4.7      Subdivision 1.  [NAME OF ACTION.] There is an action known 
  4.8   as a petition for an order for protection/minor respondent in 
  4.9   cases of domestic abuse perpetrated by a minor.  
  4.10     Subd. 2.  [ELIGIBLE PETITIONER.] A petition for relief 
  4.11  under sections 2 to 26 may be made by an adult family or 
  4.12  household member personally or by a guardian as defined in 
  4.13  Minnesota Statutes, section 524.1-201, clause (20), or, if the 
  4.14  court finds that it is in the best interests of the minor, by a 
  4.15  reputable adult who is at least 25 years old on behalf of a 
  4.16  minor family or household member.  A minor who is at least 16 
  4.17  years old may make a petition on the minor's own behalf against 
  4.18  a spouse or former spouse who is a minor or another minor with 
  4.19  whom the minor petitioner has a child in common if the court 
  4.20  determines that the minor has sufficient maturity and judgment 
  4.21  and that it is in the best interests of the minor. 
  4.22     Subd. 3.  [CONTENTS OF PETITION.] (a) A petition for relief 
  4.23  must allege the existence of domestic abuse perpetrated by a 
  4.24  minor and be accompanied by a sworn affidavit stating the 
  4.25  specific facts and circumstances from which relief is sought.  
  4.26     (b) A petition for relief must state whether the petitioner 
  4.27  has ever had an order for protection in effect against the minor 
  4.28  respondent. 
  4.29     (c) A petition for relief must state whether there is an 
  4.30  existing order for protection in effect under sections 2 to 26 
  4.31  or under Minnesota Statutes, chapter 518B, governing both the 
  4.32  parties and whether there is a pending lawsuit, complaint, 
  4.33  petition, or other action between the parties under Minnesota 
  4.34  Statutes, chapter 257, 260, 518, 518A, 518B, or 518C.  
  4.35     Subd. 4.  [OTHER ORDERS OR ACTIONS.] The court 
  4.36  administrator shall verify the terms of any existing order 
  5.1   governing the parties.  The court may not delay granting relief 
  5.2   because of the existence of a pending action between the parties 
  5.3   or the necessity of verifying the terms of an existing order.  A 
  5.4   subsequent order in a separate action under sections 2 to 26 may 
  5.5   modify only the provision of an existing order that grants 
  5.6   relief authorized under section 10, paragraph (a), clause (1).  
  5.7   A petition for relief may be granted whether or not there is a 
  5.8   pending action between the parties.  
  5.9      Subd. 5.  [SIMPLIFIED FORMS.] The court shall provide 
  5.10  simplified forms and clerical assistance to help with the 
  5.11  writing and filing of a petition under sections 2 to 26.  
  5.12     Subd. 6.  [ADVICE ON RESTITUTION.] The court shall advise a 
  5.13  petitioner of the right to seek restitution under the petition 
  5.14  for relief. 
  5.15     Sec. 8.  [HEARING ON APPLICATION; PROCEDURE AND NOTICE.] 
  5.16     Subdivision 1.  [HEARING DATE.] Upon receipt of a petition 
  5.17  under sections 2 to 26, the court shall order a hearing to be 
  5.18  held not later than 14 days from the date of the order.  If an 
  5.19  ex parte order has been issued under section 12, the time 
  5.20  periods for holding a hearing under that section apply.  
  5.21     Subd. 2.  [SERVICE.] If an ex parte order has been issued 
  5.22  under section 12 and an order for immediate custody has been 
  5.23  issued under sections 2 to 26 and Minnesota Statutes, chapter 
  5.24  260, personal service upon the minor respondent must be made by 
  5.25  the county sheriff or police when the order for immediate 
  5.26  custody is executed.  In all other cases, personal service of 
  5.27  the petition and order must be made upon the minor respondent 
  5.28  not less than five days before the hearing.  Service must also 
  5.29  be made upon the minor respondent by mailing a copy of the 
  5.30  petition and order to the minor respondent's last known 
  5.31  address.  Service is complete upon personal receipt by the minor 
  5.32  respondent or three days after the mailing.  The court shall 
  5.33  have notice of the pendency of the case and of the time and 
  5.34  place of the hearing served by mail at the last known address 
  5.35  upon any parent or guardian of the minor respondent who is not 
  5.36  the petitioner.  
  6.1      Subd. 3.  [CLOSED HEARING.] Upon request of either party 
  6.2   and for good cause shown, the court may close the hearing to the 
  6.3   public and close the records to public inspection. 
  6.4      Subd. 4.  [DOMESTIC ABUSE ADVOCATES.] In all proceedings 
  6.5   under sections 2 to 26, domestic abuse advocates must be allowed 
  6.6   to attend and to sit at the counsel table, confer with the 
  6.7   petitioner, and at the judge's discretion, address the court.  
  6.8   Court administrators shall allow domestic abuse advocates to 
  6.9   assist victims of domestic abuse perpetrated by a minor in the 
  6.10  preparation of petitions for orders for protection/minor 
  6.11  respondents.  While assisting victims of domestic violence under 
  6.12  this subdivision, domestic abuse advocates are not engaged in 
  6.13  the unauthorized practice of law. 
  6.14     Sec. 9.  [GUARDIAN AD LITEM.] 
  6.15     (a) If the petitioner requests that the minor respondent be 
  6.16  removed from the minor respondent's parent's home, the court 
  6.17  shall appoint a guardian ad litem on behalf of the minor 
  6.18  respondent for the limited purpose of assuring that the minor 
  6.19  respondent is placed in an alternative safe living arrangement.  
  6.20  The guardian ad litem's limited responsibilities are conducting 
  6.21  an interview to obtain the minor respondent's views on any 
  6.22  proposed alternative safe living arrangements, reviewing any 
  6.23  proposed alternative safe living arrangements, and appearing at 
  6.24  the hearing on the order for protection/minor respondent.  It is 
  6.25  not within the responsibilities of the guardian ad litem to 
  6.26  assess or comment upon whether domestic abuse occurred. 
  6.27     (b) In any other case brought under sections 2 to 26, the 
  6.28  court may appoint a guardian ad litem if it appears to the court 
  6.29  that the minor lacks the maturity to understand the proceedings. 
  6.30     (c) The guardian ad litem may not be held civilly or 
  6.31  criminally liable for any act or failure to act under sections 2 
  6.32  to 26.  
  6.33     Sec. 10.  [RELIEF BY THE COURT.] 
  6.34     (a) Upon notice and hearing, the court may provide relief 
  6.35  as follows: 
  6.36     (1) restrain the abusing party from committing acts of 
  7.1   domestic abuse; 
  7.2      (2) exclude the abusing party from the dwelling which the 
  7.3   parties share or from the residence of the petitioner; 
  7.4      (3) if the court excludes a minor respondent from the minor 
  7.5   respondent's parent's home, and the parent or guardian is either 
  7.6   unable or unwilling to provide an alternative safe living 
  7.7   arrangement for the minor respondent, the court may find that 
  7.8   there are reasonable grounds to believe that the minor 
  7.9   respondent's safety and well-being are endangered because of the 
  7.10  exclusion and the parent's or guardian's unwillingness or 
  7.11  inability to provide an alternative living arrangement, in which 
  7.12  case the court may order, by endorsement upon the petition, that 
  7.13  a peace officer shall take the minor respondent into immediate 
  7.14  custody under Minnesota Statutes, section 260.165, subdivision 
  7.15  1; 
  7.16     (4) exclude the abusing party from a specifically described 
  7.17  reasonable area surrounding the dwelling or residence; 
  7.18     (5) award temporary custody or establish temporary 
  7.19  visitation with regard to minor children of the parties on a 
  7.20  basis that gives primary consideration to the safety of the 
  7.21  victim and the children.  Except for cases in which custody is 
  7.22  contested, findings under Minnesota Statutes, section 257.025 or 
  7.23  518.175, are not required.  If the court finds that the safety 
  7.24  of the victim or the children may be jeopardized by unsupervised 
  7.25  or unrestricted visitation, the court shall condition or 
  7.26  restrict visitation as to time, place, duration, or supervision, 
  7.27  or deny visitation entirely, as needed to guard the safety of 
  7.28  the victim and the children.  The court's decision on custody 
  7.29  and visitation must not delay the issuance of an order for 
  7.30  protection/minor respondent granting other relief provided for 
  7.31  in this section; 
  7.32     (6) on the same basis as is provided in Minnesota Statutes, 
  7.33  chapter 518, establish temporary support for minor children or a 
  7.34  spouse and order the withholding of support from the income of 
  7.35  the person obligated to pay the support according to Minnesota 
  7.36  Statutes, chapter 518; 
  8.1      (7) provide upon request of the petitioner counseling or 
  8.2   other social services for the parties if they are married or if 
  8.3   there are minor children; 
  8.4      (8) order the abusing party to participate in treatment or 
  8.5   counseling services; 
  8.6      (9) in the case of married juveniles, award temporary use 
  8.7   and possession of property and restrain one or both parties from 
  8.8   transferring, encumbering, concealing, or disposing of property 
  8.9   except in the usual course of business or for the necessities of 
  8.10  life, and require the party to account to the court for all such 
  8.11  transfers, encumbrances, dispositions, and expenditures made 
  8.12  after the order is served or communicated to the party 
  8.13  restrained in open court; 
  8.14     (10) exclude the abusing party from the place of employment 
  8.15  of the petitioner, or otherwise limit access to the petitioner 
  8.16  by the abusing party at the petitioner's place of employment; 
  8.17     (11) order the abusing party to pay restitution to the 
  8.18  petitioner; 
  8.19     (12) order the continuance of all currently available 
  8.20  insurance coverage without change in coverage or beneficiary 
  8.21  designation; and 
  8.22     (13) order, in its discretion, other relief the court 
  8.23  considers necessary for the protection of a family or household 
  8.24  member, including orders or directives to law enforcement 
  8.25  personnel under sections 2 to 26. 
  8.26     (b) Relief granted by the order for protection/minor 
  8.27  respondent must be for a fixed period not to exceed one year 
  8.28  unless the court determines a longer fixed period is 
  8.29  appropriate.  If a referee presides at the hearing on the 
  8.30  petition, the order granting relief becomes effective upon the 
  8.31  referee's signature. 
  8.32     (c) An order granting the relief authorized in paragraph 
  8.33  (a), clause (1), may not be vacated or modified in a proceeding 
  8.34  for dissolution of marriage or legal separation, except that the 
  8.35  court may hear a motion for modification of an order for 
  8.36  protection concurrently with a proceeding for dissolution of 
  9.1   marriage upon notice of motion and motion.  The notice required 
  9.2   by court rule must not be waived.  If the proceedings are 
  9.3   consolidated and the motion to modify is granted, a separate 
  9.4   order for modification of an order for protection must be issued.
  9.5      (d) An order granting the relief authorized in paragraph 
  9.6   (a), clause (2), is not voided by the admittance of the abusing 
  9.7   party into the dwelling from which the abusing party is excluded.
  9.8      (e) If a proceeding for dissolution of marriage or legal 
  9.9   separation is pending between the parties, the court shall 
  9.10  provide a copy of the order for protection/minor respondent to 
  9.11  the court with jurisdiction over the dissolution or separation 
  9.12  proceeding for inclusion in its file. 
  9.13     (f) An order for restitution issued under this subdivision 
  9.14  is enforceable as a civil judgment. 
  9.15     Sec. 11.  [SUBSEQUENT ORDERS AND EXTENSIONS.] 
  9.16     Upon application, notice to all parties, and hearing, a 
  9.17  court may extend the relief granted in an existing order for 
  9.18  protection/minor respondent or, if a petitioner's order for 
  9.19  protection/minor respondent is no longer in effect when an 
  9.20  application for subsequent relief is made, grant a new order.  
  9.21  The court may extend the terms of an existing order or, if an 
  9.22  order is no longer in effect, grant a new order upon a showing 
  9.23  that: 
  9.24     (1) the minor respondent has violated a prior or existing 
  9.25  order for protection issued under sections 2 to 26 or Minnesota 
  9.26  Statutes, chapter 518B; 
  9.27     (2) the petitioner is reasonably in fear of physical harm 
  9.28  from the minor respondent; or 
  9.29     (3) the minor respondent has engaged in acts of harassment 
  9.30  or stalking within the meaning of Minnesota Statutes, section 
  9.31  609.749, subdivision 2. 
  9.32     A petitioner does not need to show that physical harm is 
  9.33  imminent to obtain an extension or a subsequent order under this 
  9.34  section. 
  9.35     Sec. 12.  [EX PARTE ORDER.] 
  9.36     (a) If a petition under sections 2 to 26 alleges an 
 10.1   immediate and present danger of domestic abuse perpetrated by a 
 10.2   minor, the court may grant an ex parte order for 
 10.3   protection/minor respondent and grant relief the court considers 
 10.4   proper, including an order:  
 10.5      (1) restraining the abusing party from committing acts of 
 10.6   domestic abuse; 
 10.7      (2) excluding any party from a shared dwelling or from the 
 10.8   residence of the other except by further order of the court; 
 10.9      (3) if the court excludes a minor respondent from the minor 
 10.10  respondent's parent's home and the parent or guardian is either 
 10.11  unable or unwilling to provide an alternative safe living 
 10.12  arrangement for the minor respondent, the court may find that 
 10.13  there are reasonable grounds to believe that the minor 
 10.14  respondent's safety and well-being are endangered because of the 
 10.15  exclusion and the parent's or guardian's unwillingness or 
 10.16  inability to provide an alternative safe living arrangement, in 
 10.17  which case the court may order, by endorsement upon the 
 10.18  petition, that a peace officer shall take the minor respondent 
 10.19  into immediate custody under Minnesota Statutes, section 
 10.20  260.165, subdivision 1; 
 10.21     (4) excluding the abusing party from the place of 
 10.22  employment of the petitioner or otherwise limiting access to the 
 10.23  petitioner by the abusing party at the petitioner's place of 
 10.24  employment; and 
 10.25     (5) continuing all currently available insurance coverage 
 10.26  without change in coverage or beneficiary designation. 
 10.27     (b) A finding by the court that there is a basis for 
 10.28  issuing an ex parte order for protection/minor respondent 
 10.29  constitutes a finding that sufficient reasons exist not to 
 10.30  require notice under applicable court rules governing 
 10.31  applications for ex parte relief. 
 10.32     (c) An ex parte order for protection/minor respondent is 
 10.33  effective for a fixed period set by the court, as provided in 
 10.34  section 10, paragraph (b), or until modified or vacated by the 
 10.35  court after a hearing.  A full hearing, as provided by sections 
 10.36  2 to 26, must be set for not later than seven days from the 
 11.1   issuance of the ex parte order.  Notwithstanding provisions of 
 11.2   sections 2 to 26 to the contrary, if the order takes the minor 
 11.3   respondent into custody under Minnesota Statutes, section 
 11.4   260.165, a full hearing must be held within 72 hours of the 
 11.5   execution of the order for immediate custody. 
 11.6      (d) Nothing in this section affects the right of a party to 
 11.7   seek modification of an order under section 16. 
 11.8      Sec. 13.  [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
 11.9      Subdivision 1.  [SERVICE ON MINOR RESPONDENT AND PARENT OR 
 11.10  GUARDIAN.] If an ex parte order has been issued under section 10 
 11.11  and an order for immediate custody has been issued under 
 11.12  sections 2 to 26 and Minnesota Statutes, chapter 260, personal 
 11.13  service upon the minor respondent must be made by the county 
 11.14  sheriff or police when the order for immediate custody is 
 11.15  executed.  Personal service of the petition and order must be 
 11.16  made upon the minor respondent not less than five days prior to 
 11.17  the hearing.  Service must also be made upon the minor 
 11.18  respondent by mailing a copy of the petition and order to the 
 11.19  minor respondent's last known address.  Service is complete upon 
 11.20  personal receipt by the minor respondent or three days after the 
 11.21  mailing.  The court shall have notice of the pendency of the 
 11.22  case and of the time and place of the hearing served by mail at 
 11.23  the last known address upon any parent or guardian of the minor 
 11.24  respondent who is not the petitioner.  
 11.25     Subd. 2.  [SERVICE OUTSIDE MINNESOTA.] Service out of this 
 11.26  state and in the United States may be proved by the affidavit of 
 11.27  the person making the service.  Service outside the United 
 11.28  States may be proved by the affidavit of the person making the 
 11.29  service taken before and certified by any United States 
 11.30  minister, charge d'affaires, commissioner, consul, commercial 
 11.31  agent, or other consular or diplomatic officer of the United 
 11.32  States appointed to reside in the other country, including all 
 11.33  deputies or other representatives of the officer authorized to 
 11.34  perform their duties or before an officer authorized to 
 11.35  administer an oath with the certificate of an officer of a court 
 11.36  of record of the country in which the affidavit is taken as to 
 12.1   the identity and authority of the officer taking the affidavit.  
 12.2      Sec. 14.  [ASSISTANCE OF LAW ENFORCEMENT PERSONNEL IN 
 12.3   SERVICE OR EXECUTION.] 
 12.4      If an order for protection/minor respondent is issued under 
 12.5   sections 2 to 26, on request of the petitioner the court shall 
 12.6   order law enforcement personnel to accompany the petitioner and 
 12.7   assist in placing the petitioner in possession of the dwelling 
 12.8   or residence or otherwise assist in execution or service of the 
 12.9   order.  If the application for relief is brought in a county in 
 12.10  which the minor respondent is not present, the sheriff shall 
 12.11  forward the pleadings necessary for service upon the minor 
 12.12  respondent to the sheriff of the county in which the minor 
 12.13  respondent is present.  This transmittal must be expedited to 
 12.14  allow for timely service. 
 12.15     Sec. 15.  [RIGHT TO APPLY FOR RELIEF.] 
 12.16     (a) A person's right to apply for relief is not affected by 
 12.17  the person's leaving the residence or household to avoid abuse.  
 12.18     (b) The court shall not require security or bond of any 
 12.19  party unless the court considers it necessary in exceptional 
 12.20  cases. 
 12.21     Sec. 16.  [MODIFICATION OF ORDER.] 
 12.22     Upon application, notice to all parties, and hearing, the 
 12.23  court may modify the terms of an existing order for protection.  
 12.24     Sec. 17.  [REAL ESTATE.] 
 12.25     Nothing in sections 2 to 26 affects the title to real 
 12.26  estate.  
 12.27     Sec. 18.  [COPY TO LAW ENFORCEMENT AGENCY.] 
 12.28     (a) An order for protection/minor respondent granted under 
 12.29  sections 2 to 26 must be forwarded by the court administrator 
 12.30  within 24 hours to the local law enforcement agency with 
 12.31  jurisdiction over the residence of the petitioner. 
 12.32     Each appropriate law enforcement agency shall make 
 12.33  available to other law enforcement officers through a system for 
 12.34  verification information as to the existence and status of any 
 12.35  order for protection/minor respondent issued under sections 2 to 
 12.36  26. 
 13.1      (b) If the petitioner notifies the court administrator of a 
 13.2   change in the petitioner's residence so that a different local 
 13.3   law enforcement agency has jurisdiction over the residence, the 
 13.4   order for protection/minor respondent must be forwarded by the 
 13.5   court administrator to the new law enforcement agency within 24 
 13.6   hours of the notice.  If the petitioner notifies the new law 
 13.7   enforcement agency that an order for protection/minor respondent 
 13.8   has been issued under sections 2 to 26 and the petitioner has 
 13.9   established a new residence within that agency's jurisdiction, 
 13.10  within 24 hours the local law enforcement agency shall request a 
 13.11  copy of the order from the court administrator in the county 
 13.12  that issued the order. 
 13.13     (c) If an order for protection/minor respondent is granted, 
 13.14  the petitioner must be told by the court that: 
 13.15     (1) notification of a change in residence should be given 
 13.16  immediately to the court administrator and to the local law 
 13.17  enforcement agency having jurisdiction over the new residence of 
 13.18  the applicant; 
 13.19     (2) the reason for notification of a change in residence is 
 13.20  to forward an order for protection/minor respondent to the 
 13.21  proper law enforcement agency; and 
 13.22     (3) the order for protection/minor respondent must be 
 13.23  forwarded to the law enforcement agency having jurisdiction over 
 13.24  the new residence within 24 hours of notification of a change in 
 13.25  residence, whether notification is given to the court 
 13.26  administrator or to the local law enforcement agency having 
 13.27  jurisdiction over the applicant's new residence. 
 13.28     An order for protection/minor respondent is enforceable 
 13.29  even if the petitioner does not notify the court administrator 
 13.30  or the appropriate law enforcement agency of a change in 
 13.31  residence. 
 13.32     Sec. 19.  [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 
 13.33  RESPONDENT.] 
 13.34     Subdivision 1.  [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 
 13.35  petitioner, a peace officer, or an interested party designated 
 13.36  by the court may file an affidavit with the court alleging that 
 14.1   a minor respondent has violated an order for protection/minor 
 14.2   respondent under sections 2 to 26.  The court may order the 
 14.3   minor respondent to appear and show cause within 14 days why the 
 14.4   minor respondent should not be found in contempt of court and 
 14.5   punished for the contempt.  The court may also order the minor 
 14.6   to participate in counseling or other appropriate programs 
 14.7   selected by the court.  The hearing may be held by the court in 
 14.8   any county in which the petitioner or minor respondent 
 14.9   temporarily or permanently resides at the time of the alleged 
 14.10  violation. 
 14.11     Subd. 2.  [EXTENSION OF PROTECTION ORDER.] If it is alleged 
 14.12  that a minor respondent has violated an order for 
 14.13  protection/minor respondent issued under sections 2 to 26 and 
 14.14  the court finds that the order has expired between the time of 
 14.15  the alleged violation and the court's hearing on the violation, 
 14.16  the court may grant a new order for protection/minor respondent 
 14.17  based solely on the minor respondent's alleged violation of the 
 14.18  prior order, to be effective until the hearing on the alleged 
 14.19  violation of the prior order.  The relief granted in the new 
 14.20  order for protection/minor respondent must be extended for a 
 14.21  fixed period, not to exceed one year, except when the court 
 14.22  determines a longer fixed period is appropriate. 
 14.23     Subd. 3.  [ADMITTANCE INTO DWELLING.] Admittance into the 
 14.24  petitioner's dwelling of an abusing party excluded from the 
 14.25  dwelling under an order for protection/minor respondent is not a 
 14.26  violation by the petitioner of the order. 
 14.27     Sec. 20.  [ADMISSIBILITY OF TESTIMONY IN CRIMINAL OR 
 14.28  DELINQUENCY PROCEEDING.] 
 14.29     Any testimony offered by a minor respondent in a hearing 
 14.30  under sections 2 to 26 is inadmissible in a criminal or 
 14.31  delinquency proceeding. 
 14.32     Sec. 21.  [OTHER REMEDIES AVAILABLE.] 
 14.33     Any proceeding under sections 2 to 26 is in addition to 
 14.34  other civil or criminal remedies.  
 14.35     Sec. 22.  [EFFECT ON CUSTODY PROCEEDINGS.] 
 14.36     In a subsequent custody proceeding the court may consider, 
 15.1   but is not bound by, a finding in a proceeding under sections 2 
 15.2   to 26 that domestic abuse perpetrated by a minor has occurred. 
 15.3      Sec. 23.  [NOTICES.] 
 15.4      Each order for protection/minor respondent granted under 
 15.5   sections 2 to 26 must contain a conspicuous notice to the minor 
 15.6   respondent that: 
 15.7      (1) violation of an order for protection/minor respondent 
 15.8   could result in out-of-home placement while the respondent is a 
 15.9   minor and constitutes contempt of court; and 
 15.10     (2) the minor respondent is forbidden to enter or stay at 
 15.11  the petitioner's residence, even if invited to do so by the 
 15.12  petitioner or any other person; in no event is the order for 
 15.13  protection/minor respondent voided.  
 15.14     Sec. 24.  [RECORDING REQUIRED.] 
 15.15     Proceedings under sections 2 to 26 must be recorded. 
 15.16     Sec. 25.  [STATEWIDE APPLICATION.] 
 15.17     An order for protection/minor respondent granted under 
 15.18  sections 2 to 26 applies throughout this state. 
 15.19     Sec. 26.  [ORDER FOR PROTECTION/MINOR RESPONDENT FORMS.] 
 15.20     The state court administrator, in consultation with the 
 15.21  advisory council on battered women, city and county attorneys, 
 15.22  and legal advocates who work with victims, shall develop a 
 15.23  uniform order for protection/minor respondent form that will 
 15.24  facilitate the consistent enforcement of orders for 
 15.25  protection/minor respondent throughout the state. 
 15.26                             ARTICLE 2 
 15.27                        CHANGES TO OTHER LAW 
 15.28     Section 1.  Minnesota Statutes 1996, section 260.015, 
 15.29  subdivision 2a, is amended to read: 
 15.30     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 15.31  "Child in need of protection or services" means a child who is 
 15.32  in need of protection or services because the child: 
 15.33     (1) is abandoned or without parent, guardian, or custodian; 
 15.34     (2)(i) has been a victim of physical or sexual abuse, or 
 15.35  (ii) resides with or has resided with a victim of domestic child 
 15.36  abuse as defined in subdivision 24, (iii) resides with or would 
 16.1   reside with a perpetrator of domestic child abuse or child abuse 
 16.2   as defined in subdivision 28, or (iv) is a victim of emotional 
 16.3   maltreatment as defined in subdivision 5a; 
 16.4      (3) is without necessary food, clothing, shelter, 
 16.5   education, or other required care for the child's physical or 
 16.6   mental health or morals because the child's parent, guardian, or 
 16.7   custodian is unable or unwilling to provide that care; 
 16.8      (4) is without the special care made necessary by a 
 16.9   physical, mental, or emotional condition because the child's 
 16.10  parent, guardian, or custodian is unable or unwilling to provide 
 16.11  that care; 
 16.12     (5) is medically neglected, which includes, but is not 
 16.13  limited to, the withholding of medically indicated treatment 
 16.14  from a disabled infant with a life-threatening condition.  The 
 16.15  term "withholding of medically indicated treatment" means the 
 16.16  failure to respond to the infant's life-threatening conditions 
 16.17  by providing treatment, including appropriate nutrition, 
 16.18  hydration, and medication which, in the treating physician's or 
 16.19  physicians' reasonable medical judgment, will be most likely to 
 16.20  be effective in ameliorating or correcting all conditions, 
 16.21  except that the term does not include the failure to provide 
 16.22  treatment other than appropriate nutrition, hydration, or 
 16.23  medication to an infant when, in the treating physician's or 
 16.24  physicians' reasonable medical judgment: 
 16.25     (i) the infant is chronically and irreversibly comatose; 
 16.26     (ii) the provision of the treatment would merely prolong 
 16.27  dying, not be effective in ameliorating or correcting all of the 
 16.28  infant's life-threatening conditions, or otherwise be futile in 
 16.29  terms of the survival of the infant; or 
 16.30     (iii) the provision of the treatment would be virtually 
 16.31  futile in terms of the survival of the infant and the treatment 
 16.32  itself under the circumstances would be inhumane; 
 16.33     (6) is one whose parent, guardian, or other custodian for 
 16.34  good cause desires to be relieved of the child's care and 
 16.35  custody; 
 16.36     (7) has been placed for adoption or care in violation of 
 17.1   law; 
 17.2      (8) is without proper parental care because of the 
 17.3   emotional, mental, or physical disability, or state of 
 17.4   immaturity of the child's parent, guardian, or other custodian; 
 17.5      (9) is one whose behavior, condition, or environment is 
 17.6   such as to be injurious or dangerous to the child or others.  An 
 17.7   injurious or dangerous environment may include, but is not 
 17.8   limited to, the exposure of a child to criminal activity in the 
 17.9   child's home; 
 17.10     (10) has committed a delinquent act before becoming ten 
 17.11  years old; 
 17.12     (11) is a runaway; 
 17.13     (12) is an habitual truant; or 
 17.14     (13) is one whose custodial parent's parental rights to 
 17.15  another child have been involuntarily terminated within the past 
 17.16  five years.; or 
 17.17     (14) has been found by the court to have committed domestic 
 17.18  abuse perpetrated by a minor under article 1, sections 2 to 26, 
 17.19  has been ordered excluded from the child's parent's home by an 
 17.20  order for protection/minor respondent, and the parent or 
 17.21  guardian is either unwilling or unable to provide an alternative 
 17.22  safe living arrangement for the child. 
 17.23     Sec. 2.  Minnesota Statutes 1996, section 260.165, 
 17.24  subdivision 1, is amended to read: 
 17.25     Subdivision 1.  No child may be taken into immediate 
 17.26  custody except: 
 17.27     (a) With an order issued by the court in accordance with 
 17.28  the provisions of section 260.135, subdivision 5, or article 1, 
 17.29  section 10, paragraph (a), clause (3), or 12, paragraph (a), 
 17.30  clause (3), or by a warrant issued in accordance with the 
 17.31  provisions of section 260.145; or 
 17.32     (b) In accordance with the laws relating to arrests; or 
 17.33     (c) By a peace officer 
 17.34     (1) when a child has run away from a parent, guardian, or 
 17.35  custodian, or when the peace officer reasonably believes the 
 17.36  child has run away from a parent, guardian, or custodian; or 
 18.1      (2) when a child is found in surroundings or conditions 
 18.2   which endanger the child's health or welfare or which such peace 
 18.3   officer reasonably believes will endanger the child's health or 
 18.4   welfare.  If an Indian child is a resident of a reservation or 
 18.5   is domiciled on a reservation but temporarily located off the 
 18.6   reservation, the taking of the child into custody under this 
 18.7   clause shall be consistent with the Indian Child Welfare Act of 
 18.8   1978, United States Code, title 25, section 1922; 
 18.9      (d) By a peace officer or probation or parole officer when 
 18.10  it is reasonably believed that the child has violated the terms 
 18.11  of probation, parole, or other field supervision; or 
 18.12     (e) By a peace officer or probation officer under section 
 18.13  260.132, subdivision 4. 
 18.14     Sec. 3.  Minnesota Statutes 1996, section 260.171, 
 18.15  subdivision 2, is amended to read: 
 18.16     Subd. 2.  (a) If the child is not released as provided in 
 18.17  subdivision 1, the person taking the child into custody shall 
 18.18  notify the court as soon as possible of the detention of the 
 18.19  child and the reasons for detention.  
 18.20     (b) No child may be detained in a juvenile secure detention 
 18.21  facility or shelter care facility longer than 36 hours, 
 18.22  excluding Saturdays, Sundays, and holidays, after being taken 
 18.23  into custody for a delinquent act as defined in section 260.015, 
 18.24  subdivision 5, unless a petition has been filed and the judge or 
 18.25  referee determines pursuant to section 260.172 that the child 
 18.26  shall remain in detention.  
 18.27     (c) No child may be detained in an adult jail or municipal 
 18.28  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 18.29  holidays, or longer than six hours in an adult jail or municipal 
 18.30  lockup in a standard metropolitan statistical area, after being 
 18.31  taken into custody for a delinquent act as defined in section 
 18.32  260.015, subdivision 5, unless: 
 18.33     (1) a petition has been filed under section 260.131; and 
 18.34     (2) a judge or referee has determined under section 260.172 
 18.35  that the child shall remain in detention. 
 18.36     After August 1, 1991, no child described in this paragraph 
 19.1   may be detained in an adult jail or municipal lockup longer than 
 19.2   24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 19.3   than six hours in an adult jail or municipal lockup in a 
 19.4   standard metropolitan statistical area, unless the requirements 
 19.5   of this paragraph have been met and, in addition, a motion to 
 19.6   refer the child for adult prosecution has been made under 
 19.7   section 260.125.  Notwithstanding this paragraph, continued 
 19.8   detention of a child in an adult detention facility outside of a 
 19.9   standard metropolitan statistical area county is permissible if: 
 19.10     (i) the facility in which the child is detained is located 
 19.11  where conditions of distance to be traveled or other ground 
 19.12  transportation do not allow for court appearances within 24 
 19.13  hours.  A delay not to exceed 48 hours may be made under this 
 19.14  clause; or 
 19.15     (ii) the facility is located where conditions of safety 
 19.16  exist.  Time for an appearance may be delayed until 24 hours 
 19.17  after the time that conditions allow for reasonably safe 
 19.18  travel.  "Conditions of safety" include adverse life-threatening 
 19.19  weather conditions that do not allow for reasonably safe travel. 
 19.20     The continued detention of a child under clause (i) or (ii) 
 19.21  must be reported to the commissioner of corrections. 
 19.22     (d) No child taken into custody and placed in a shelter 
 19.23  care facility or relative's home by a peace officer pursuant to 
 19.24  section 260.165, subdivision 1, clause (a) or (c)(2) may be held 
 19.25  in custody longer than 72 hours, excluding Saturdays, Sundays 
 19.26  and holidays, unless a petition has been filed and the judge or 
 19.27  referee determines pursuant to section 260.172 that the child 
 19.28  shall remain in custody or unless the court has made a finding 
 19.29  of domestic abuse perpetrated by a minor after a hearing under 
 19.30  sections 2 to 26, in which case the court may extend the period 
 19.31  of detention for an additional seven days, within which time the 
 19.32  social service agency shall conduct an assessment and shall 
 19.33  provide recommendations to the court regarding voluntary 
 19.34  services or file a child in need of protection or services 
 19.35  petition.  
 19.36     (e) If a child described in paragraph (c) is to be detained 
 20.1   in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 20.2   holidays, the judge or referee, in accordance with rules and 
 20.3   procedures established by the commissioner of corrections, shall 
 20.4   notify the commissioner of the place of the detention and the 
 20.5   reasons therefor.  The commissioner shall thereupon assist the 
 20.6   court in the relocation of the child in an appropriate juvenile 
 20.7   secure detention facility or approved jail within the county or 
 20.8   elsewhere in the state, or in determining suitable 
 20.9   alternatives.  The commissioner shall direct that a child 
 20.10  detained in a jail be detained after eight days from and 
 20.11  including the date of the original detention order in an 
 20.12  approved juvenile secure detention facility with the approval of 
 20.13  the administrative authority of the facility.  If the court 
 20.14  refers the matter to the prosecuting authority pursuant to 
 20.15  section 260.125, notice to the commissioner shall not be 
 20.16  required. 
 20.17     Sec. 4.  Minnesota Statutes 1996, section 260.191, 
 20.18  subdivision 1, is amended to read: 
 20.19     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 20.20  the child is in need of protection or services or neglected and 
 20.21  in foster care, it shall enter an order making any of the 
 20.22  following dispositions of the case: 
 20.23     (1) place the child under the protective supervision of the 
 20.24  local social services agency or child-placing agency in the 
 20.25  child's own home under conditions prescribed by the court 
 20.26  directed to the correction of the child's need for protection or 
 20.27  services; 
 20.28     (2) transfer legal custody to one of the following: 
 20.29     (i) a child-placing agency; or 
 20.30     (ii) the local social services agency. 
 20.31     In placing a child whose custody has been transferred under 
 20.32  this paragraph, the agencies shall follow the order of 
 20.33  preference stated in section 260.181, subdivision 3; 
 20.34     (3) if the child is in need of special treatment and care 
 20.35  for reasons of physical or mental health, the court may order 
 20.36  the child's parent, guardian, or custodian to provide it.  If 
 21.1   the parent, guardian, or custodian fails or is unable to provide 
 21.2   this treatment or care, the court may order it provided.  The 
 21.3   court shall not transfer legal custody of the child for the 
 21.4   purpose of obtaining special treatment or care solely because 
 21.5   the parent is unable to provide the treatment or care.  If the 
 21.6   court's order for mental health treatment is based on a 
 21.7   diagnosis made by a treatment professional, the court may order 
 21.8   that the diagnosing professional not provide the treatment to 
 21.9   the child if it finds that such an order is in the child's best 
 21.10  interests; or 
 21.11     (4) if the court believes that the child has sufficient 
 21.12  maturity and judgment and that it is in the best interests of 
 21.13  the child, the court may order a child 16 years old or older to 
 21.14  be allowed to live independently, either alone or with others as 
 21.15  approved by the court under supervision the court considers 
 21.16  appropriate, if the county board, after consultation with the 
 21.17  court, has specifically authorized this dispositional 
 21.18  alternative for a child. 
 21.19     (b) If the child was adjudicated in need of protection or 
 21.20  services because the child is a runaway or habitual truant, the 
 21.21  court may order any of the following dispositions in addition to 
 21.22  or as alternatives to the dispositions authorized under 
 21.23  paragraph (a): 
 21.24     (1) counsel the child or the child's parents, guardian, or 
 21.25  custodian; 
 21.26     (2) place the child under the supervision of a probation 
 21.27  officer or other suitable person in the child's own home under 
 21.28  conditions prescribed by the court, including reasonable rules 
 21.29  for the child's conduct and the conduct of the parents, 
 21.30  guardian, or custodian, designed for the physical, mental, and 
 21.31  moral well-being and behavior of the child; or with the consent 
 21.32  of the commissioner of corrections, place the child in a group 
 21.33  foster care facility which is under the commissioner's 
 21.34  management and supervision; 
 21.35     (3) subject to the court's supervision, transfer legal 
 21.36  custody of the child to one of the following: 
 22.1      (i) a reputable person of good moral character.  No person 
 22.2   may receive custody of two or more unrelated children unless 
 22.3   licensed to operate a residential program under sections 245A.01 
 22.4   to 245A.16; or 
 22.5      (ii) a county probation officer for placement in a group 
 22.6   foster home established under the direction of the juvenile 
 22.7   court and licensed pursuant to section 241.021; 
 22.8      (4) require the child to pay a fine of up to $100.  The 
 22.9   court shall order payment of the fine in a manner that will not 
 22.10  impose undue financial hardship upon the child; 
 22.11     (5) require the child to participate in a community service 
 22.12  project; 
 22.13     (6) order the child to undergo a chemical dependency 
 22.14  evaluation and, if warranted by the evaluation, order 
 22.15  participation by the child in a drug awareness program or an 
 22.16  inpatient or outpatient chemical dependency treatment program; 
 22.17     (7) if the court believes that it is in the best interests 
 22.18  of the child and of public safety that the child's driver's 
 22.19  license or instruction permit be canceled, the court may order 
 22.20  the commissioner of public safety to cancel the child's license 
 22.21  or permit for any period up to the child's 18th birthday.  If 
 22.22  the child does not have a driver's license or permit, the court 
 22.23  may order a denial of driving privileges for any period up to 
 22.24  the child's 18th birthday.  The court shall forward an order 
 22.25  issued under this clause to the commissioner, who shall cancel 
 22.26  the license or permit or deny driving privileges without a 
 22.27  hearing for the period specified by the court.  At any time 
 22.28  before the expiration of the period of cancellation or denial, 
 22.29  the court may, for good cause, order the commissioner of public 
 22.30  safety to allow the child to apply for a license or permit, and 
 22.31  the commissioner shall so authorize; 
 22.32     (8) order that the child's parent or legal guardian deliver 
 22.33  the child to school at the beginning of each school day for a 
 22.34  period of time specified by the court; or 
 22.35     (9) require the child to perform any other activities or 
 22.36  participate in any other treatment programs deemed appropriate 
 23.1   by the court.  
 23.2      (c) If a child who is 14 years of age or older is 
 23.3   adjudicated in need of protection or services because the child 
 23.4   is a habitual truant and truancy procedures involving the child 
 23.5   were previously dealt with by a school attendance review board 
 23.6   or county attorney mediation program under section 260A.06 or 
 23.7   260A.07, the court shall order a cancellation or denial of 
 23.8   driving privileges under paragraph (b), clause (7), for any 
 23.9   period up to the child's 18th birthday. 
 23.10     (d) In the case of a child adjudicated in need of 
 23.11  protection or services because the child has committed domestic 
 23.12  abuse and been ordered excluded from the child's parent's home, 
 23.13  the court shall dismiss jurisdiction if the court, at any time, 
 23.14  finds the parent is able or willing to provide an alternative 
 23.15  safe living arrangement for the child, as defined in article 1, 
 23.16  section 2. 
 23.17     Sec. 5.  Minnesota Statutes 1996, section 609.748, 
 23.18  subdivision 1, is amended to read: 
 23.19     Subdivision 1.  [DEFINITION.] For the purposes of this 
 23.20  section, the following terms have the meanings given them in 
 23.21  this subdivision. 
 23.22     (a) "Harassment" includes: 
 23.23     (1) repeated, intrusive, or unwanted acts, words, or 
 23.24  gestures that are intended to adversely affect the safety, 
 23.25  security, or privacy of another, regardless of the relationship 
 23.26  between the actor and the intended target; 
 23.27     (2) targeted residential picketing; and 
 23.28     (3) a pattern of attending public events after being 
 23.29  notified that the actor's presence at the event is harassing to 
 23.30  another. 
 23.31     (b) "Respondent" includes any individuals adults or 
 23.32  juveniles alleged to have engaged in harassment or organizations 
 23.33  alleged to have sponsored or promoted harassment. 
 23.34     (c) "Targeted residential picketing" includes the following 
 23.35  acts when committed on more than one occasion: 
 23.36     (1) marching, standing, or patrolling by one or more 
 24.1   persons directed solely at a particular residential building in 
 24.2   a manner that adversely affects the safety, security, or privacy 
 24.3   of an occupant of the building; or 
 24.4      (2) marching, standing, or patrolling by one or more 
 24.5   persons which prevents an occupant of a residential building 
 24.6   from gaining access to or exiting from the property on which the 
 24.7   residential building is located. 
 24.8                              ARTICLE 3
 24.9                FAMILY VIOLENCE COORDINATING COUNCILS
 24.10     Section 1.  [FAMILY VIOLENCE COORDINATING COUNCILS.] 
 24.11     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A judicial 
 24.12  district may establish a family violence coordinating council 
 24.13  for the purpose of promoting innovative efforts to deal with 
 24.14  family violence issues.  A coordinating council shall establish 
 24.15  and promote interdisciplinary programs and initiatives to 
 24.16  coordinate public and private legal and social services and law 
 24.17  enforcement, prosecutorial, and judicial activities. 
 24.18     Subd. 2.  [MEMBERSHIP.] The chief judge shall appoint the 
 24.19  members of a family violence coordinating council.  Members must 
 24.20  include representatives of the following groups: 
 24.21     (1) judges, court administrators, and probation 
 24.22  authorities; 
 24.23     (2) domestic abuse advocates and others who provide social 
 24.24  services to adult and child victims of domestic abuse and 
 24.25  perpetrators of domestic abuse; 
 24.26     (3) health care and mental health providers; 
 24.27     (4) law enforcement and prosecutors; 
 24.28     (5) public defenders and legal aid; 
 24.29     (6) educators and child protection workers; and 
 24.30     (7) public officials. 
 24.31     Subd. 3.  [PLAN.] A family violence coordinating council 
 24.32  shall develop a plan for coordinating activities of its 
 24.33  membership relating to family violence issues and improving 
 24.34  activities and services, including: 
 24.35     (1) interdisciplinary training and systemic approaches to 
 24.36  family violence issues; 
 25.1      (2) identification of current weaknesses in the system and 
 25.2   areas where additional resources are needed, and ways to improve 
 25.3   those components; 
 25.4      (3) promoting public and private partnerships in the 
 25.5   delivery of services and the use of volunteer services; 
 25.6      (4) identification of differences in approaches and needs 
 25.7   in different demographic populations; 
 25.8      (5) developing protocols for investigation and prosecution 
 25.9   of domestic abuse, including issues related to victim 
 25.10  cooperation and interviewing and investigative techniques; 
 25.11     (6) coordination of city and county prosecutorial efforts, 
 25.12  including standards for referral of cases, coordinated 
 25.13  prosecutions, and cross-deputization of prosecutors; 
 25.14     (7) evaluation of dismissal, conviction, and sentencing 
 25.15  levels and practices and relationship to reported incidences of 
 25.16  domestic abuse, cases investigated and prosecuted, and severity 
 25.17  of abuse; and 
 25.18     (8) coordination of family, juvenile, and criminal court 
 25.19  proceedings involving family violence issues. 
 25.20     Subd. 4.  [EVALUATION.] A family violence coordinating 
 25.21  council shall develop a system for evaluating the effectiveness 
 25.22  of its initiatives and programs in improving the coordination of 
 25.23  activities and delivery of services and shall focus on 
 25.24  identifiable goals and outcomes.  An evaluation must include 
 25.25  data components as well as input from individuals involved in 
 25.26  family violence activities and services, victims, and 
 25.27  perpetrators.