as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; requiring screening for 1.3 fetal alcohol exposure for children under the 1.4 jurisdiction of juvenile court; amending Minnesota 1.5 Statutes 1994, sections 260.151, by adding a 1.6 subdivision; 260.185, subdivision 1; and 260.191, 1.7 subdivision 1. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1994, section 260.151, is 1.10 amended by adding a subdivision to read: 1.11 Subd. 1a. [FETAL ALCOHOL EXPOSURE SCREENING AND 1.12 ASSESSMENT.] The court shall have a fetal alcohol exposure 1.13 screening conducted for any minor coming within the jurisdiction 1.14 of the court under section 260.111. The screening must 1.15 determine whether the child is likely to suffer from fetal 1.16 alcohol exposure or fetal alcohol syndrome. If the screening 1.17 indicates that the child may be suffering from either, the court 1.18 shall have an assessment conducted and make recommendations for 1.19 treatment. 1.20 Sec. 2. Minnesota Statutes 1994, section 260.185, 1.21 subdivision 1, is amended to read: 1.22 Subdivision 1. [COURT ORDER, FINDINGS, REMEDIES, 1.23 TREATMENT.] If the court finds that the child is delinquent, it 1.24 shall enter an order making any of the following dispositions of 1.25 the case which are deemed necessary to the rehabilitation of the 1.26 child: 2.1 (a) Counsel the child or the parents, guardian, or 2.2 custodian; 2.3 (b) Place the child under the supervision of a probation 2.4 officer or other suitable person in the child's own home under 2.5 conditions prescribed by the court including reasonable rules 2.6 for the child's conduct and the conduct of the child's parents, 2.7 guardian, or custodian, designed for the physical, mental, and 2.8 moral well-being and behavior of the child, or with the consent 2.9 of the commissioner of corrections, in a group foster care 2.10 facility which is under the management and supervision of said 2.11 commissioner; 2.12 (c) Subject to the supervision of the court, transfer legal 2.13 custody of the child to one of the following: 2.14 (1) a child-placing agency; or 2.15 (2) the local social services agency; or 2.16 (3) a reputable individual of good moral character. No 2.17 person may receive custody of two or more unrelated children 2.18 unless licensed as a residential facility pursuant to sections 2.19 245A.01 to 245A.16; or 2.20 (4) a county home school, if the county maintains a home 2.21 school or enters into an agreement with a county home school; or 2.22 (5) a county probation officer for placement in a group 2.23 foster home established under the direction of the juvenile 2.24 court and licensed pursuant to section 241.021; 2.25 (d) Transfer legal custody by commitment to the 2.26 commissioner of corrections; 2.27 (e) If the child is found to have violated a state or local 2.28 law or ordinance which has resulted in damage to the person or 2.29 property of another, the court may order the child to make 2.30 reasonable restitution for such damage; 2.31 (f) Require the child to pay a fine of up to $700; the 2.32 court shall order payment of the fine in accordance with a time 2.33 payment schedule which shall not impose an undue financial 2.34 hardship on the child; 2.35 (g) If the child is in need of special treatment and care 2.36 for reasons of physical or mental health, the court may order 3.1 the child's parent, guardian, or custodian to provide it. If 3.2 the parent, guardian, or custodian fails to provide this 3.3 treatment or care, the court may order it provided; 3.4 (h) If the court believes that it is in the best interests 3.5 of the child and of public safety that the driver's license of 3.6 the child be canceled until the child's 18th birthday, the court 3.7 may recommend to the commissioner of public safety the 3.8 cancellation of the child's license for any period up to the 3.9 child's 18th birthday, and the commissioner is hereby authorized 3.10 to cancel such license without a hearing. At any time before 3.11 the termination of the period of cancellation, the court may, 3.12 for good cause, recommend to the commissioner of public safety 3.13 that the child be authorized to apply for a new license, and the 3.14 commissioner may so authorize. 3.15 If the child is petitioned and found by the court to have 3.16 committed a controlled substance offense under sections 152.021 3.17 to 152.027, the court shall determine whether the child 3.18 unlawfully possessed or sold the controlled substance while 3.19 driving a motor vehicle. If so, the court shall notify the 3.20 commissioner of public safety of its determination and order the 3.21 commissioner to revoke the child's driver's license for the 3.22 applicable time period specified in section 152.0271. If the 3.23 child does not have a driver's license or if the child's 3.24 driver's license is suspended or revoked at the time of the 3.25 delinquency finding, the commissioner shall, upon the child's 3.26 application for driver's license issuance or reinstatement, 3.27 delay the issuance or reinstatement of the child's driver's 3.28 license for the applicable time period specified in section 3.29 152.0271. Upon receipt of the court's order, the commissioner 3.30 is authorized to take the licensing action without a hearing. 3.31 If the child is petitioned and found by the court to have 3.32 committed or attempted to commit an act in violation of section 3.33 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 3.34 subdivision 1; 609.79; or 617.23, or another offense arising out 3.35 of a delinquency petition based on one or more of those 3.36 sections, the court shall order an independent professional 4.1 assessment of the child's need for sex offender treatment. An 4.2 assessor providing an assessment for the court must be 4.3 experienced in the evaluation and treatment of juvenile sex 4.4 offenders. If the assessment indicates that the child is in need 4.5 of and amenable to sex offender treatment, the court shall 4.6 include in its disposition order a requirement that the child 4.7 undergo treatment. Notwithstanding section 13.42, 13.85, 4.8 144.335, 260.161, or 626.556, the assessor has access to the 4.9 following private or confidential data on the child if access is 4.10 relevant and necessary for the assessment: 4.11 (1) medical data under section 13.42; 4.12 (2) corrections and detention data under section 13.85; 4.13 (3) health records under section 144.335; 4.14 (4) juvenile court records under section 260.161; and 4.15 (5) local welfare agency records under section 626.556. 4.16 Data disclosed under this paragraph may be used only for 4.17 purposes of the assessment and may not be further disclosed to 4.18 any other person, except as authorized by law. 4.19 If the child is found delinquent due to the commission of 4.20 an offense that would be a felony if committed by an adult, the 4.21 court shall make a specific finding on the record regarding the 4.22 juvenile's mental health and chemical dependency treatment needs. 4.23 If a fetal alcohol assessment conducted under section 4.24 260.151 recommends treatment for the child, the court shall 4.25 order that the child undergo the recommended treatment. 4.26 Any order for a disposition authorized under this section 4.27 shall contain written findings of fact to support the 4.28 disposition ordered, and shall also set forth in writing the 4.29 following information: 4.30 (a) why the best interests of the child are served by the 4.31 disposition ordered; and 4.32 (b) what alternative dispositions were considered by the 4.33 court and why such dispositions were not appropriate in the 4.34 instant case. 4.35 Sec. 3. Minnesota Statutes 1994, section 260.191, 4.36 subdivision 1, is amended to read: 5.1 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that 5.2 the child is in need of protection or services or neglected and 5.3 in foster care, it shall enter an order making any of the 5.4 following dispositions of the case: 5.5 (1) place the child under the protective supervision of the 5.6 local social services agency or child-placing agency in the 5.7 child's own home under conditions prescribed by the court 5.8 directed to the correction of the child's need for protection or 5.9 services; 5.10 (2) transfer legal custody to one of the following: 5.11 (i) a child-placing agency; or 5.12 (ii) the local social services agency. 5.13 In placing a child whose custody has been transferred under 5.14 this paragraph, the agencies shall follow the order of 5.15 preference stated in section 260.181, subdivision 3; 5.16 (3) if the child is in need of special treatment and care 5.17 for reasons of physical or mental health, the court may order 5.18 the child's parent, guardian, or custodian to provide it. If 5.19 the parent, guardian, or custodian fails or is unable to provide 5.20 this treatment or care, the court may order it provided. The 5.21 court shall not transfer legal custody of the child for the 5.22 purpose of obtaining special treatment or care solely because 5.23 the parent is unable to provide the treatment or care. If the 5.24 court's order for mental health treatment is based on a 5.25 diagnosis made by a treatment professional, the court may order 5.26 that the diagnosing professional not provide the treatment to 5.27 the child if it finds that such an order is in the child's best 5.28 interests; or 5.29 (4) if the court believes that the child has sufficient 5.30 maturity and judgment and that it is in the best interests of 5.31 the child, the court may order a child 16 years old or older to 5.32 be allowed to live independently, either alone or with others as 5.33 approved by the court under supervision the court considers 5.34 appropriate, if the county board, after consultation with the 5.35 court, has specifically authorized this dispositional 5.36 alternative for a child. 6.1 (b) If the child was adjudicated in need of protection or 6.2 services because the child is a runaway or habitual truant, the 6.3 court may order any of the following dispositions in addition to 6.4 or as alternatives to the dispositions authorized under 6.5 paragraph (a): 6.6 (1) counsel the child or the child's parents, guardian, or 6.7 custodian; 6.8 (2) place the child under the supervision of a probation 6.9 officer or other suitable person in the child's own home under 6.10 conditions prescribed by the court, including reasonable rules 6.11 for the child's conduct and the conduct of the parents, 6.12 guardian, or custodian, designed for the physical, mental, and 6.13 moral well-being and behavior of the child; or with the consent 6.14 of the commissioner of corrections, place the child in a group 6.15 foster care facility which is under the commissioner's 6.16 management and supervision; 6.17 (3) subject to the court's supervision, transfer legal 6.18 custody of the child to one of the following: 6.19 (i) a reputable person of good moral character. No person 6.20 may receive custody of two or more unrelated children unless 6.21 licensed to operate a residential program under sections 245A.01 6.22 to 245A.16; or 6.23 (ii) a county probation officer for placement in a group 6.24 foster home established under the direction of the juvenile 6.25 court and licensed pursuant to section 241.021; 6.26 (4) require the child to pay a fine of up to $100. The 6.27 court shall order payment of the fine in a manner that will not 6.28 impose undue financial hardship upon the child; 6.29 (5) require the child to participate in a community service 6.30 project; 6.31 (6) order the child to undergo a chemical dependency 6.32 evaluation and, if warranted by the evaluation, order 6.33 participation by the child in a drug awareness program or an 6.34 inpatient or outpatient chemical dependency treatment program; 6.35 (7) if the court believes that it is in the best interests 6.36 of the child and of public safety that the child's driver's 7.1 license be canceled, the court may recommend to the commissioner 7.2 of public safety that the child's license be canceled for any 7.3 period up to the child's 18th birthday. The commissioner is 7.4 authorized to cancel the license without a hearing. At any time 7.5 before the expiration of the period of cancellation, the court 7.6 may, for good cause, recommend to the commissioner of public 7.7 safety that the child be authorized to apply for a new license, 7.8 and the commissioner may so authorize;
or7.9 (8) require the child to perform any other activities or 7.10 participate in any other treatment programs deemed appropriate 7.11 by the court; or 7.12 (9) order the child to undergo any treatment recommended as 7.13 a result of the fetal alcohol assessment required under section 7.14 260.151.