SF 1952

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile courts; allowing juvenile 
  1.3             delinquency petitions to be filed without prior 
  1.4             approval of the court; clarifying that petitions may 
  1.5             be filed with or without an attorney; providing that 
  1.6             forms and assistance be provided to a child's relative 
  1.7             or kin seeking to file a petition; amending Minnesota 
  1.8             Statutes 1994, section 260.131, subdivisions 1, 2, and 
  1.9             by adding subdivisions. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 260.131, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  Notwithstanding subdivision 5, any 
  1.14  reputable person with or without an attorney representative, 
  1.15  including but not limited to any agent of the commissioner of 
  1.16  human services, having knowledge of a child in this state or of 
  1.17  a child who is a resident of this state, who appears to be 
  1.18  delinquent, in need of protection or services, or neglected and 
  1.19  in foster care, may petition the juvenile court in the manner 
  1.20  provided in this section without any prior approval of the court.
  1.21     Sec. 2.  Minnesota Statutes 1994, section 260.131, 
  1.22  subdivision 2, is amended to read: 
  1.23     Subd. 2.  The petition shall be verified by the person 
  1.24  having knowledge of the facts and may be on information and 
  1.25  belief.  Unless otherwise provided by rule or order of the 
  1.26  court, the county attorney shall draft the petition upon the 
  1.27  showing of reasonable grounds to support the petition. 
  2.1      Sec. 3.  Minnesota Statutes 1994, section 260.131, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 5.  [DRAFTING PETITION.] The county attorney shall 
  2.4   draft a petition under this section on the showing of reasonable 
  2.5   grounds to support the petition. 
  2.6      Sec. 4.  Minnesota Statutes 1994, section 260.131, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 6.  [SIMPLIFIED FORMS.] By January 1, 1997, the state 
  2.9   court administrator shall provide each county with simplified 
  2.10  forms for use by nonparent relatives or kin seeking to file a 
  2.11  petition under this section with respect to a child residing 
  2.12  with them.  The forms prepared under this subdivision shall 
  2.13  include a petition, a motion, an affidavit and order to proceed 
  2.14  in forma pauperis, and information about who must be served with 
  2.15  the petition and how service may be made.