Minnesota Legislature
SF 2794
as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to juvenile justice; recodifying, clarifying, 1.3 and relocating provisions relating to juvenile 1.4 delinquency and child protection; providing separate 1.5 areas of law dealing with child protection and 1.6 delinquency; amending Minnesota Statutes 1996, section 1.7 260.011, subdivision 1; proposing coding for new law 1.8 in Minnesota Statutes, chapter 260; proposing coding 1.9 for new law as Minnesota Statutes, chapters 260B; and 1.10 260C; repealing Minnesota Statutes 1996, sections 1.11 257.071, subdivisions 1, 5, 8, 9, and 10; 257.072, 1.12 subdivision 8; 257.35; 257.351; 257.352, subdivisions 1.13 1, 2, and 4; 257.353; 257.354; 257.355; 257.356; 1.14 257.3571; 257.3572; 257.3573, subdivisions 1 and 3; 1.15 257.3574; 257.3575; 257.3576; 257.3577; 257.3578; 1.16 257.3579; 257.40; 257.42; 257.43; 257.44; 257.45; 1.17 257.46; 257.47; 257.48; 260.011, subdivision 2; 1.18 260.013; 260.015, subdivisions 1, 1a, 2, 3, 4, 5, 5a, 1.19 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 1.20 22, 23, 24, 25, 26, 27, and 28; 260.092; 260.094; 1.21 260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 1.22 260.126; 260.131, subdivisions 1a, 1b, 3, and 4; 1.23 260.132; 260.133; 260.135; 260.141; 260.145; 260.151; 1.24 260.152, subdivisions 1, 4, and 5; 260.155, 1.25 subdivisions 1, 1b, 4a, 4b, 5, 6, 7, and 9; 260.157; 1.26 260.161, subdivisions 1b, 4, and 5; 260.165, 1.27 subdivision 2; 260.171, subdivisions 1, 4, 5, 5a, and 1.28 6; 260.172; 260.173, subdivisions 1, 3, 4, and 5; 1.29 260.174; 260.181, subdivisions 1, 2, and 4; 260.185, 1.30 subdivisions 1a, 1b, 1c, 2, 3, 3a, 4, 5, 6, and 7; 1.31 260.191, subdivisions 1b, 1c, 1d, 1e, 2, 2a, 3, and 4; 1.32 260.193; 260.195, subdivisions 1, 2, 2a, 4, 5, 6, and 1.33 7; 260.211; 260.215; 260.221, subdivisions 2, 3, and 1.34 4; 260.241, subdivisions 2 and 4; 260.242, 1.35 subdivisions 1, 1a, and 1b; 260.245; 260.251; 260.255; 1.36 260.261; 260.271; 260.281; 260.291; 260.301; 260.315; 1.37 260.35; 260.36; 260.39; and 260.40; Minnesota Statutes 1.38 1997 Supplement, sections 257.02; 257.0215; 257.022, 1.39 subdivisions 2 and 3a; 257.069; 257.071, subdivisions 1.40 1a, 1c, 1d, 1e, 2, 3, 4, and 7; 257.072, subdivisions 1.41 1, 2, 3, 4, 5, 7, and 9; 257.352, subdivisions 3, 3a, 1.42 3b, and 3c; 257.3573, subdivision 2; 257.41; 260.012; 1.43 260.015, subdivisions 2a and 29; 260.131, subdivisions 1.44 1 and 2; 260.152, subdivisions 2, 3, and 6; 260.155, 1.45 subdivisions 1a, 2, 3, 4, and 8; 260.161, subdivisions 1.46 1, 1a, 2, 3, 3a, and 3b; 260.165, subdivisions 1 and 2.1 3; 260.171, subdivision 2; 260.173, subdivision 2; 2.2 260.1735; 260.181, subdivisions 3 and 3a; 260.185, 2.3 subdivision 1; 260.191, subdivisions 1, 1a, 3a, 3b, 2.4 and 4; 260.192; 260.195, subdivisions 3 and 3a; 2.5 260.221, subdivisions 1, 1a, and 5; 260.241, 2.6 subdivisions 1 and 3; 260.242, subdivision 2; and 2.7 260.38. 2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.9 ARTICLE 1 2.10 ORGANIZATIONAL PROVISIONS 2.11 Section 1. Minnesota Statutes 1996, section 260.011, 2.12 subdivision 1, is amended to read: 2.13 Subdivision 1. [CITATION.] Sections 260.011 to260.3012.14 260.91 may be cited as general provisions of the Juvenile Court 2.15 Act. 2.16 Sec. 2. [260.751] [CITATION.] 2.17 Sections 260.751 to 260.835 may be cited as the "Minnesota 2.18 Indian Family Preservation Act." [257.35] 2.19 Sec. 3. [260.755] [DEFINITIONS.] 2.20 Subdivision 1. [SCOPE.] As used in sections 260.751 to 2.21 260.835, the following terms have the meanings given them. 2.22 [257.351, subd. 1] 2.23 Subd. 2. [ADMINISTRATIVE REVIEW.] "Administrative review" 2.24 means review under section 260C.212. [257.351, subd. 2] 2.25 Subd. 3. [CHILD PLACEMENT PROCEEDING.] "Child placement 2.26 proceeding" includes a judicial proceeding which could result in 2.27 the following: 2.28 (a) "Adoptive placement" means the permanent placement of 2.29 an Indian child for adoption, including an action resulting in a 2.30 final decree of adoption. 2.31 (b) "Involuntary foster care placement" means an action 2.32 removing an Indian child from its parents or Indian custodian 2.33 for temporary placement in a foster home, institution, or the 2.34 home of a guardian. The parent or Indian custodian cannot have 2.35 the child returned upon demand, but parental rights have not 2.36 been terminated. 2.37 (c) "Preadoptive placement" means the temporary placement 2.38 of an Indian child in a foster home or institution after the 2.39 termination of parental rights, before or instead of adoptive 3.1 placement. 3.2 (d) "Termination of parental rights" means an action 3.3 resulting in the termination of the parent-child relationship 3.4 under section 260C.301. 3.5 The terms include placements based upon juvenile status 3.6 offenses, but do not include a placement based upon an act which 3.7 if committed by an adult would be deemed a crime, or upon an 3.8 award of custody in a divorce proceeding to one of the parents. 3.9 [257.351, subd. 3] 3.10 Subd. 4. [COMMISSIONER.] "Commissioner" means the 3.11 commissioner of human services. [257.351, subd. 3a] 3.12 Subd. 5. [DEMAND.] "Demand" means a written and notarized 3.13 statement signed by a parent or Indian custodian of a child 3.14 which requests the return of the child who has been voluntarily 3.15 placed in foster care. [257.351, subd. 4] 3.16 Subd. 6. [FAMILY-BASED SERVICES.] "Family-based services" 3.17 means intensive family-centered services to families primarily 3.18 in their own home and for a limited time. [257.351, subd. 4a] 3.19 Subd. 7. [INDIAN.] "Indian" means a person who is a member 3.20 of an Indian tribe or an Alaskan native and a member of a 3.21 regional corporation as defined in section 7 of the Alaska 3.22 Native Claims Settlement Act, United States Code, title 43, 3.23 section 1606. [257.351, subd. 5] 3.24 Subd. 8. [INDIAN CHILD.] "Indian child" means an unmarried 3.25 person who is under age 18 and is: 3.26 (1) a member of an Indian tribe; or 3.27 (2) eligible for membership in an Indian tribe. [257.351, 3.28 subd. 6] 3.29 Subd. 9. [INDIAN CHILD'S TRIBE.] "Indian child's tribe" 3.30 means the Indian tribe in which an Indian child is a member or 3.31 eligible for membership. In the case of an Indian child who is 3.32 a member of or eligible for membership in more than one tribe, 3.33 the Indian child's tribe is the tribe with which the Indian 3.34 child has the most significant contacts. If that tribe does not 3.35 express an interest in the outcome of the actions taken under 3.36 sections 260.751 to 260.835 with respect to the child, any other 4.1 tribe in which the child is eligible for membership that 4.2 expresses an interest in the outcome may act as the Indian 4.3 child's tribe. [257.351, subd. 7] 4.4 Subd. 10. [INDIAN CUSTODIAN.] "Indian custodian" means an 4.5 Indian person who has legal custody of an Indian child under 4.6 tribal law or custom or under state law, or to whom temporary 4.7 physical care, custody, and control has been transferred by the 4.8 parent of the child. [257.351, subd. 8] 4.9 Subd. 11. [INDIAN ORGANIZATION.] "Indian organization" 4.10 means an organization providing child welfare services that is 4.11 legally incorporated as a nonprofit organization, is registered 4.12 with the secretary of state, and is governed by a board of 4.13 directors having at least a majority of Indian directors. 4.14 [257.351, subd. 8a] 4.15 Subd. 12. [INDIAN TRIBE.] "Indian tribe" means an Indian 4.16 tribe, band, nation, or other organized group or community of 4.17 Indians recognized as eligible for the services provided to 4.18 Indians by the secretary because of their status as Indians, 4.19 including any band under the Alaska Native Claims Settlement 4.20 Act, United States Code, title 43, section 1602, and exercising 4.21 tribal governmental powers. [257.351, subd. 9] 4.22 Subd. 13. [LOCAL SOCIAL SERVICE AGENCY.] "Local social 4.23 service agency" means the local agency under the authority of 4.24 the county welfare or human services board or county board of 4.25 commissioners which is responsible for human services. 4.26 [257.351, subd. 10] 4.27 Subd. 14. [PARENT.] "Parent" means the biological parent 4.28 of an Indian child, or any Indian person who has lawfully 4.29 adopted an Indian child, including a person who has adopted a 4.30 child by tribal law or custom. It does not include an unmarried 4.31 father whose paternity has not been acknowledged or established. 4.32 [257.351, subd. 11] 4.33 Subd. 15. [PERMANENCY PLANNING.] "Permanency planning" 4.34 means the systematic process of carrying out, within a short 4.35 time, a set of goal-oriented activities designed to help 4.36 children live in families that offer continuity of relationships 5.1 with nurturing parents or caretakers, and the opportunity to 5.2 establish lifetime relationships. [257.351, subd. 11a] 5.3 Subd. 16. [PLACEMENT PREVENTION AND FAMILY REUNIFICATION 5.4 SERVICES.] "Placement prevention and family reunification 5.5 services" means services designed to help children remain with 5.6 their families or to reunite children with their parents. 5.7 [257.351, subd. 11b] 5.8 Subd. 17. [PRIVATE CHILD-PLACING AGENCY.] "Private 5.9 child-placing agency" means a private organization, association, 5.10 or corporation providing assistance to children and parents in 5.11 their own homes and placing children in foster care or for 5.12 adoption. [257.351, subd. 12] 5.13 Subd. 18. [RESERVATION.] "Reservation" means Indian 5.14 country as defined in United States Code, title 18, section 1151 5.15 and any lands which are either held by the United States in 5.16 trust for the benefit of an Indian tribe or individual, or held 5.17 by an Indian tribe or individual subject to a restriction by the 5.18 United States against alienation. [257.351, subd. 13] 5.19 Subd. 19. [SECRETARY.] "Secretary" means the secretary of 5.20 the United States Department of the Interior. [257.351, subd. 5.21 14] 5.22 Subd. 20. [TRIBAL COURT.] "Tribal court" means a court 5.23 with federally recognized jurisdiction over child custody 5.24 proceedings which is either a court of Indian offenses, or a 5.25 court established and operated under the code or custom of an 5.26 Indian tribe, or the administrative body of a tribe which is 5.27 vested with authority over child custody proceedings. Except as 5.28 provided in section 260.771, subdivision 5, nothing in this 5.29 chapter shall be construed as conferring jurisdiction on an 5.30 Indian tribe. [257.351, subd. 15] 5.31 Subd. 21. [TRIBAL SOCIAL SERVICE AGENCY.] "Tribal social 5.32 service agency" means the unit under authority of the governing 5.33 body of the Indian tribe which is responsible for human 5.34 services. [257.351, subd. 16] 5.35 Subd. 22. [VOLUNTARY FOSTER CARE PLACEMENT.] "Voluntary 5.36 foster care placement" means a decision in which there has been 6.1 participation by a local social service agency or private 6.2 child-placing agency resulting in the temporary placement of an 6.3 Indian child away from the home of the child's parents or Indian 6.4 custodian in a foster home, institution, or the home of a 6.5 guardian, and the parent or Indian custodian may have the child 6.6 returned upon demand. [257.351, subd. 17] 6.7 Sec. 4. [260.761] [SOCIAL SERVICE AGENCY AND PRIVATE 6.8 LICENSED CHILD-PLACING AGENCY NOTICE TO TRIBES.] 6.9 Subdivision 1. [DETERMINATION OF INDIAN CHILD'S TRIBE.] 6.10 The local social service agency or private licensed 6.11 child-placing agency shall determine whether a child brought to 6.12 its attention for the purposes described in this section is an 6.13 Indian child and the identity of the Indian child's tribe. 6.14 [257.352, subd. 1] 6.15 Subd. 2. [AGENCY NOTICE OF POTENTIAL OUT-OF-HOME 6.16 PLACEMENT.] When a local social service agency or private 6.17 child-placing agency determines that an Indian child is in a 6.18 dependent or other condition that could lead to an out-of-home 6.19 placement and requires the continued involvement of the agency 6.20 with the child for a period in excess of 30 days, the agency 6.21 shall send notice of the condition and of the initial steps 6.22 taken to remedy it to the Indian child's tribal social service 6.23 agency within seven days of the determination. At this and any 6.24 subsequent stage of its involvement with an Indian child, the 6.25 agency shall, upon request, give the tribal social service 6.26 agency full cooperation including access to all files concerning 6.27 the child. If the files contain confidential or private data, 6.28 the agency may require execution of an agreement with the tribal 6.29 social service agency that the tribal social service agency 6.30 shall maintain the data according to statutory provisions 6.31 applicable to the data. This subdivision applies whenever the 6.32 court transfers legal custody of an Indian child under section 6.33 260B.198, subdivision 1, paragraph (c), clause (1), (2), or (3) 6.34 following an adjudication for a misdemeanor-level delinquent act. 6.35 [257.352, subd. 2] 6.36 Subd. 3. [NOTICE OF POTENTIAL PREADOPTIVE OR ADOPTIVE 7.1 PLACEMENT.] In any voluntary adoptive or preadoptive placement 7.2 proceeding in which a local social service agency, private 7.3 child-placing agency, petitioner in the adoption, or any other 7.4 party has reason to believe that a child who is the subject of 7.5 an adoptive or preadoptive placement proceeding is or may be an 7.6 "Indian child," as defined in section 257.351, subdivision 8, 7.7 and United States Code, title 25, section 1903(4), the agency or 7.8 person shall notify the Indian child's tribal social service 7.9 agency by registered mail with return receipt requested of the 7.10 pending proceeding and of the right of intervention under 7.11 subdivision 6. If the identity or location of the child's tribe 7.12 cannot be determined, the notice must be given to the United 7.13 States secretary of interior in like manner, who will have 15 7.14 days after receipt of the notice to provide the requisite notice 7.15 to the tribe. No preadoptive or adoptive placement proceeding 7.16 may be held until at least ten days after receipt of the notice 7.17 by the tribe or secretary. Upon request, the tribe must be 7.18 granted up to 20 additional days to prepare for the proceeding. 7.19 The agency or notifying party shall include in the notice the 7.20 identity of the birth parents and child absent written objection 7.21 by the birth parents. The private child-placing agency shall 7.22 inform the birth parents of the Indian child of any services 7.23 available to the Indian child through the child's tribal social 7.24 service agency, including child placement services, and shall 7.25 additionally provide the birth parents of the Indian child with 7.26 all information sent from the tribal social service agency in 7.27 response to the notice. [257.352, subd. 3] 7.28 Subd. 4. [UNKNOWN FATHER.] If the local social service 7.29 agency, private child-placing agency, the court, petitioner, or 7.30 any other party has reason to believe that a child who is the 7.31 subject of an adoptive placement proceeding is or may be an 7.32 Indian child but the father of the child is unknown and has not 7.33 registered with the putative fathers' adoption registry pursuant 7.34 to section 259.52, the agency or person shall provide to the 7.35 tribe believed to be the Indian child's tribe information 7.36 sufficient to enable the tribe to determine the child's 8.1 eligibility for membership in the tribe, including, but not 8.2 limited to, the legal and maiden name of the birth mother, her 8.3 date of birth, the names and dates of birth of her parents and 8.4 grandparents, and, if available, information pertaining to the 8.5 possible identity, tribal affiliation, or location of the birth 8.6 father. [257.352, subd. 3a] 8.7 Subd. 5. [PROOF OF SERVICE OF NOTICE UPON TRIBE OR 8.8 SECRETARY.] In cases where an agency or party to an adoptive 8.9 placement knows or has reason to believe that a child is or may 8.10 be an Indian child, proof of service upon the child's tribe or 8.11 the secretary of interior must be filed with the adoption 8.12 petition. [257.352, subd. 3b] 8.13 Subd. 6. [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any 8.14 state court proceeding for the voluntary adoptive or preadoptive 8.15 placement of an Indian child, the Indian child's tribe shall 8.16 have a right to intervene at any point in the proceeding. 8.17 [257.352, subd. 3c] 8.18 Subd. 7. [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any 8.19 agency considering placement of an Indian child shall make 8.20 reasonable efforts to identify and locate extended family 8.21 members. [257.352, subd. 4] 8.22 Sec. 5. [260.765] [VOLUNTARY FOSTER CARE PLACEMENT.] 8.23 Subdivision 1. [DETERMINATION OF INDIAN CHILD'S TRIBE.] 8.24 The local social service agency or private licensed 8.25 child-placing agency shall determine whether a child brought to 8.26 its attention for the purposes described in this section is an 8.27 Indian child and the identity of the Indian child's tribe. 8.28 [257.353, subd. 1] 8.29 Subd. 2. [NOTICE.] When an Indian child is voluntarily 8.30 placed in foster care, the local social service agency involved 8.31 in the decision to place the child shall give notice of the 8.32 placement to the child's parents, tribal social service agency, 8.33 and the Indian custodian within seven days of placement, 8.34 excluding weekends and holidays. 8.35 If a private licensed child-placing agency makes a 8.36 temporary voluntary foster care placement pending a decision on 9.1 adoption by a parent, notice of the placement shall be given to 9.2 the child's parents, tribal social service agency, and the 9.3 Indian custodian upon the filing of a petition for termination 9.4 of parental rights or three months following the temporary 9.5 placement, whichever occurs first. 9.6 At this and any subsequent stage of its involvement with an 9.7 Indian child, the agency shall, upon request, give the tribal 9.8 social service agency full cooperation including access to all 9.9 files concerning the child. If the files contain confidential 9.10 or private data, the agency may require execution of an 9.11 agreement with the tribal social service agency that the tribal 9.12 social service agency shall maintain the data according to 9.13 statutory provisions applicable to the data. [257.353, subd. 2] 9.14 Subd. 3. [NOTICE OF ADMINISTRATIVE REVIEW.] In an 9.15 administrative review of a voluntary foster care placement, the 9.16 tribal social service agency of the child, the Indian custodian, 9.17 and the parents of the child shall have notice and a right of 9.18 participation in the review. [257.353, subd. 3] 9.19 Subd. 4. [RETURN OF CHILD IN VOLUNTARY PLACEMENT.] Upon 9.20 demand by the parent or Indian custodian of an Indian child, the 9.21 local social service agency or private licensed child-placing 9.22 agency shall return the child in voluntary foster care placement 9.23 to the parent or Indian custodian within 24 hours of the receipt 9.24 of the demand. If the request for return does not satisfy the 9.25 requirement of section 260.755, subdivision 5, the local social 9.26 service agency or private child-placing agency shall immediately 9.27 inform the parent or Indian custodian of the Indian child of the 9.28 requirement. [257.353, subd. 4] 9.29 Subd. 5. [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any 9.30 agency considering placement of an Indian child shall make 9.31 reasonable efforts to identify and locate extended family 9.32 members. [257.353, subd. 5] 9.33 Sec. 6. [260.771] [CHILD PLACEMENT PROCEEDINGS.] 9.34 Subdivision 1. [INDIAN TRIBE JURISDICTION.] An Indian 9.35 tribe with a tribal court has exclusive jurisdiction over a 9.36 child placement proceeding involving an Indian child who resides 10.1 within the reservation of such tribe at the commencement of the 10.2 proceedings. When an Indian child is in the legal custody of a 10.3 person or agency pursuant to an order of a tribal court, the 10.4 Indian tribe retains exclusive jurisdiction, notwithstanding the 10.5 residence or domicile of the child. [257.354, subd. 1] 10.6 Subd. 2. [COURT DETERMINATION OF TRIBAL AFFILIATION OF 10.7 CHILD.] In any child placement proceeding, the court shall 10.8 establish whether an Indian child is involved and the identity 10.9 of the Indian child's tribe. [257.354, subd. 2] 10.10 Subd. 3. [TRANSFER OF PROCEEDINGS.] In a proceeding for 10.11 the termination of parental rights or involuntary foster care 10.12 placement of an Indian child not within the jurisdiction of 10.13 subdivision 1, the court, in the absence of good cause to the 10.14 contrary, shall transfer the proceeding to the jurisdiction of 10.15 the tribe absent objection by either parent, upon the petition 10.16 of either parent or the Indian custodian or the Indian child's 10.17 tribe. The transfer shall be subject to declination by the 10.18 tribal court of such tribe. [257.354, subd. 3] 10.19 Subd. 4. [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the 10.20 extent that any child subject to sections 260.755 to 260.835 is 10.21 otherwise eligible for social services, orders of a tribal court 10.22 concerning placement of such child shall have the same force and 10.23 effect as orders of a court of this state. In any case where 10.24 the tribal court orders placement through a local social service 10.25 agency, the court shall provide to the local agency notice and 10.26 an opportunity to be heard regarding the placement. 10.27 Determination of county of financial responsibility for the 10.28 placement shall be determined by the local social service agency 10.29 in accordance with section 256G.02, subdivision 4. Disputes 10.30 concerning the county of financial responsibility shall be 10.31 settled in the manner prescribed in section 256G.09. [257.354, 10.32 subd. 4] 10.33 Subd. 5. [INDIAN TRIBE AGREEMENTS.] The commissioner is 10.34 hereby authorized to enter into agreements with Indian tribes 10.35 pursuant to United States Code, title 25, section 1919, 10.36 respecting care and custody of Indian children and jurisdiction 11.1 over child custody proceedings, including agreements which may 11.2 provide for orderly transfer of jurisdiction on a case-by-case 11.3 basis and agreements which provide for concurrent jurisdiction 11.4 between the state and an Indian tribe. [257.354, subd. 5] 11.5 Sec. 7. [260.775] [PLACEMENT RECORDS.] 11.6 The commissioner of human services shall publish annually 11.7 an inventory of all Indian children in residential facilities. 11.8 The inventory shall include, by county and statewide, 11.9 information on legal status, living arrangement, age, sex, tribe 11.10 in which the child is a member or eligible for membership, 11.11 accumulated length of time in foster care, and other demographic 11.12 information deemed appropriate concerning all Indian children in 11.13 residential facilities. The report must also state the extent 11.14 to which authorized child-placing agencies comply with the order 11.15 of preference described in United States Code, title 25, section 11.16 1901, et seq. [257.355] 11.17 Sec. 8. [260.781] [RECORDS; INFORMATION AVAILABILITY.] 11.18 Subdivision 1. [COURT DECREE INFORMATION.] A state court 11.19 entering a final decree or order in an Indian child adoptive 11.20 placement shall provide the department of human services and the 11.21 child's tribal social service agency with a copy of the decree 11.22 or order together with such other information to show: 11.23 (1) the name and tribal affiliation of the child; 11.24 (2) the names and addresses of the biological parents; 11.25 (3) the names and addresses of the adoptive parents; and 11.26 (4) the identity of any agency having files or information 11.27 relating to the adoptive placement. 11.28 If the court records contain an affidavit of the biological 11.29 or adoptive parent or parents requesting anonymity, the court 11.30 shall delete the name and address of the biological or adoptive 11.31 parents from the information sent to the child's tribal social 11.32 service agency. [257.356, subd. 1] 11.33 Subd. 2. [DISCLOSURE OF RECORDS.] Upon the request of an 11.34 adopted Indian person over the age of 18, the adoptive or foster 11.35 parents of an Indian person, or an Indian tribal social service 11.36 agency, the department of human services shall disclose to the 12.1 Indian person's tribe information necessary for membership of an 12.2 Indian person in the tribe in which the person may be eligible 12.3 for membership or for determining any rights or benefits 12.4 associated with that membership. When the documents relating to 12.5 the person contain an affidavit from the biological or adoptive 12.6 parent or parents requesting anonymity, the department must use 12.7 the procedures described in United States Code, title 25, 12.8 section 1951, paragraph (b). [257.356, subd. 2] 12.9 Sec. 9. [260.785] [INDIAN CHILD WELFARE GRANTS.] 12.10 Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner 12.11 shall establish direct grants to Indian tribes, Indian 12.12 organizations, and tribal social service agency programs located 12.13 off-reservation that serve Indian children and their families to 12.14 provide primary support for Indian child welfare programs to 12.15 implement the Indian Family Preservation Act. [257.3571, subd. 12.16 1] 12.17 Subd. 2. [SPECIAL FOCUS GRANTS.] The commissioner shall 12.18 establish direct grants to local social service agencies, 12.19 tribes, Indian organizations, and other organizations for 12.20 placement prevention and family reunification services for 12.21 Indian children. [257.3571, subd. 2] 12.22 Subd. 3. [COMPLIANCE GRANTS.] The commissioner shall 12.23 establish direct grants to an Indian child welfare defense 12.24 corporation, as defined in section 611.216, subdivision 1a, to 12.25 promote statewide compliance with the Indian family preservation 12.26 act and the Indian Child Welfare Act, United States Code, title 12.27 25, section 1901 et seq. The commissioner shall give priority 12.28 consideration to applicants with demonstrated capability of 12.29 providing legal advocacy services statewide. [257.3571, subd. 12.30 2a] 12.31 Subd. 4. [REQUEST FOR PROPOSALS.] The commissioner shall 12.32 request proposals for grants under subdivisions 1, 2, and 2a, 12.33 and specify the information and criteria required. [257.3571, 12.34 subd. 3] 12.35 Sec. 10. [260.791] [GRANT APPLICATIONS.] 12.36 A tribe, Indian organization, or tribal social service 13.1 agency program located off-reservation may apply for primary 13.2 support grants under section 257.3571, subdivision 1. A local 13.3 social service agency, tribe, Indian organization, or other 13.4 social service organization may apply for special focus grants 13.5 under section 257.3571, subdivision 2. Civil legal service 13.6 organizations eligible for grants under section 257.3571, 13.7 subdivision 2a, may apply for grants under that section. 13.8 Application may be made alone or in combination with other 13.9 tribes or Indian organizations. [257.3572] 13.10 Sec. 11. [260.795] [ELIGIBLE SERVICES.] 13.11 Subdivision 1. [TYPES OF SERVICES.] (a) Eligible Indian 13.12 child welfare services provided under primary support grants 13.13 include: 13.14 (1) placement prevention and reunification services; 13.15 (2) family-based services; 13.16 (3) individual and family counseling; 13.17 (4) access to professional individual, group, and family 13.18 counseling; 13.19 (5) crisis intervention and crisis counseling; 13.20 (6) development of foster and adoptive placement resources, 13.21 including recruitment, licensing, and support; 13.22 (7) court advocacy; 13.23 (8) training and consultation to county and private social 13.24 service agencies regarding the Indian child welfare act and the 13.25 Minnesota Indian family preservation act; 13.26 (9) advocacy in working with the county and private social 13.27 service agencies, and activities to help provide access to 13.28 agency services, including but not limited to 24-hour caretaker 13.29 and homemaker services, day care, emergency shelter care up to 13.30 30 days in 12 months, access to emergency financial assistance, 13.31 and arrangements to provide temporary respite care to a family 13.32 for up to 72 hours consecutively or 30 days in 12 months; 13.33 (10) transportation services to the child and parents to 13.34 prevent placement or reunite the family; and 13.35 (11) other activities and services approved by the 13.36 commissioner that further the goals of the Indian child welfare 14.1 act and the Indian family preservation act, including but not 14.2 limited to recruitment of Indian staff for local social service 14.3 agencies and licensed child-placing agencies. The commissioner 14.4 may specify the priority of an activity and service based on its 14.5 success in furthering these goals. 14.6 (b) Eligible services provided under special focus grants 14.7 include; 14.8 (1) permanency planning activities that meet the special 14.9 needs of Indian families; 14.10 (2) teenage pregnancy; 14.11 (3) independent living skills; 14.12 (4) family and community involvement strategies to combat 14.13 child abuse and chronic neglect of children; 14.14 (5) coordinated child welfare and mental health services to 14.15 Indian families; 14.16 (6) innovative approaches to assist Indian youth to 14.17 establish better self-image, decrease isolation, and decrease 14.18 the suicide rate; 14.19 (7) expanding or improving services by packaging and 14.20 disseminating information on successful approaches or by 14.21 implementing models in Indian communities relating to the 14.22 development or enhancement of social structures that increase 14.23 family self-reliance and links with existing community 14.24 resources; 14.25 (8) family retrieval services to help adopted individuals 14.26 reestablish legal affiliation with the Indian tribe; and 14.27 (9) other activities and services approved by the 14.28 commissioner that further the goals of the Indian child welfare 14.29 act and the Indian family preservation act. The commissioner 14.30 may specify the priority of an activity and service based on its 14.31 success in furthering these goals. 14.32 (c) The commissioner shall give preference to programs that 14.33 use Indian staff, contract with Indian organizations or tribes, 14.34 or whose application is a joint effort between the Indian and 14.35 non-Indian community to achieve the goals of the Indian Child 14.36 Welfare Act and the Minnesota Indian Family Preservation Act. 15.1 Programs must have input and support from the Indian community. 15.2 [257.3573, subd. 1] 15.3 Subd. 2. [INAPPROPRIATE EXPENDITURES.] Indian child 15.4 welfare grant money must not be used for: 15.5 (1) child day care necessary solely because of employment 15.6 or training for employment of a parent or other relative with 15.7 whom the child is living; 15.8 (2) foster care maintenance or difficulty of care payments; 15.9 (3) residential facility payments; 15.10 (4) adoption assistance payments; 15.11 (5) public assistance payments for aid to families with 15.12 dependent children, Minnesota family investment 15.13 program-statewide, supplemental aid, medical assistance, general 15.14 assistance, general assistance medical care, or community health 15.15 services authorized by sections 145A.01 to 145A.14; or 15.16 (6) administrative costs for income maintenance staff. 15.17 [257.3573, subd. 2] 15.18 Subd. 3. [REVENUE ENHANCEMENT.] The commissioner shall 15.19 submit claims for federal reimbursement earned through the 15.20 activities and services supported through Indian child welfare 15.21 grants. The commissioner may set aside a portion of the federal 15.22 funds earned under this subdivision to establish and support a 15.23 new Indian child welfare position in the department of human 15.24 services to provide program development. The commissioner shall 15.25 use any federal revenue not set aside to expand services under 15.26 section 260.785. The federal revenue earned under this 15.27 subdivision is available for these purposes until the funds are 15.28 expended. [257.3573, subd. 3] 15.29 Sec. 12. [260.805] [CONTINUED LEGAL RESPONSIBILITY OF 15.30 LOCAL SOCIAL SERVICE AGENCIES.] 15.31 The legal responsibility of local social service agencies 15.32 to provide Indian child welfare services continues, and existing 15.33 services must not be reduced because of the availability of 15.34 these funds. [257.3574] 15.35 Sec. 13. [260.810] [PAYMENTS; REQUIRED REPORTS.] 15.36 Subdivision 1. [PAYMENTS.] The commissioner shall make 16.1 grant payments to each approved program in four quarterly 16.2 installments a year. The commissioner may certify an advance 16.3 payment for the first quarter of the state fiscal year. Later 16.4 payments must be made upon receipt by the state of a quarterly 16.5 report on finances and program activities. [257.3575, subd. 1] 16.6 Subd. 2. [QUARTERLY REPORT.] The commissioner shall 16.7 specify requirements for reports, including quarterly fiscal 16.8 reports, according to section 256.01, subdivision 2, paragraph 16.9 (17). Each quarter, an approved program receiving an Indian 16.10 child welfare grant shall submit a report to the commissioner 16.11 that includes: 16.12 (1) a detailed accounting of grant money expended during 16.13 the preceding quarter, specifying expenditures by line item and 16.14 year to date; and 16.15 (2) a description of Indian child welfare activities 16.16 conducted during the preceding quarter, including the number of 16.17 clients served and the type of services provided. 16.18 The quarterly reports must be submitted no later than 30 16.19 days after the end of each quarter of the state fiscal year. 16.20 [257.3575, subd. 2] 16.21 Subd. 3. [FINAL REPORT.] A final evaluation report must be 16.22 submitted by each approved program. It must include client 16.23 outcomes, cost and effectiveness in meeting the goals of the 16.24 Indian family preservation act and permanency planning goals. 16.25 [257.3575, subd. 3] 16.26 Sec. 14. [260.815] [MONITORING AND EVALUATION.] 16.27 The commissioner shall design and implement methods for 16.28 monitoring the delivery and evaluating the effectiveness of 16.29 Indian child welfare services funded through these grants. 16.30 [257.3576] 16.31 Sec. 15. [260.821] [GRANT FORMULA.] 16.32 Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount 16.33 available for grants established under section 260.785, 16.34 subdivision 1, to tribes, Indian organizations, and tribal 16.35 social service agency programs located off-reservation is 16.36 four-fifths of the total annual appropriation for Indian child 17.1 welfare grants. 17.2 (b) The commissioner shall award tribes at least 70 percent 17.3 of the amount set in paragraph (a) for primary support grants. 17.4 Each tribe shall be awarded a base amount of five percent of the 17.5 total amount set in this paragraph. In addition, each tribe 17.6 shall be allocated a proportion of the balance of the amount set 17.7 in this paragraph, less the total base amounts for all 17.8 reservations. This proportion must equal the ratio of the 17.9 tribe's on-reservation population to the state's total 17.10 on-reservation population. Population data must be based on the 17.11 most recent federal census data according to the state 17.12 demographer's office. 17.13 (c) The commissioner shall award Indian organizations and 17.14 tribal social service agency programs located off-reservation 17.15 that serve Indian children and families up to 30 percent of the 17.16 amount set in paragraph (a) for primary support grants. A 17.17 maximum of four multiservice Indian organizations and tribal 17.18 social service agency programs located off-reservation may be 17.19 awarded grants under this paragraph. "Multiservice Indian 17.20 organizations" means Indian organizations recognized by the 17.21 Indian community as providing a broad continuum of social, 17.22 educational, or cultural services, including Indian child 17.23 welfare services designed to meet the unique needs of the Indian 17.24 communities in Minneapolis, St. Paul, and Duluth. Grants may be 17.25 awarded to programs that submit acceptable proposals, comply 17.26 with the goals and the application process of the program, and 17.27 have budgets that reflect appropriate and efficient use of funds. 17.28 To maintain continuity of service in Indian communities, primary 17.29 support grants awarded under this paragraph which meet the grant 17.30 criteria and have demonstrated satisfactory performance as 17.31 established by the commissioner may be awarded on a 17.32 noncompetitive basis. The commissioner may revoke or deny 17.33 funding for Indian organizations or tribal social service 17.34 agencies failing to meet the grant criteria established by the 17.35 commissioner, and the commissioner may request new proposals 17.36 from Indian organizations or tribal social service agencies to 18.1 the extent that funding is available. [257.3577, subd. 1] 18.2 Subd. 2. [SPECIAL FOCUS GRANTS.] The amount available for 18.3 grants established under section 260.785, subdivision 2, for 18.4 local social service agencies, tribes, Indian organizations, and 18.5 other social services organizations is one-fifth of the total 18.6 annual appropriation for Indian child welfare grants. The 18.7 maximum award under this subdivision is $100,000 a year for 18.8 programs approved by the commissioner. [257.3577, subd. 2] 18.9 Sec. 16. [260.831] [UNDISTRIBUTED FUNDS.] 18.10 Undistributed funds must be reallocated by the department 18.11 of human services to any other grant categories established 18.12 under section 260.785, subdivision 1 or 2, for the goals of this 18.13 grant process. Undistributed funds are available until 18.14 expended. [257.3578] 18.15 Sec. 17. [260.835] [AMERICAN INDIAN CHILD WELFARE ADVISORY 18.16 COUNCIL.] 18.17 The commissioner shall appoint an American Indian advisory 18.18 council to help formulate policies and procedures relating to 18.19 Indian child welfare services and to make recommendations 18.20 regarding approval of grants provided under section 257.3571, 18.21 subdivisions 1, 2, and 2a. The council shall consist of 17 18.22 members appointed by the commissioner and must include 18.23 representatives of each of the 11 Minnesota reservations who are 18.24 authorized by tribal resolution, one representative from the 18.25 Duluth Urban Indian Community, three representatives from the 18.26 Minneapolis Urban Indian Community, and two representatives from 18.27 the St. Paul Urban Indian Community. Representatives from the 18.28 urban Indian communities must be selected through an open 18.29 appointments process under section 15.0597. The terms, 18.30 compensation, and removal of American Indian child welfare 18.31 advisory council members shall be as provided in section 15.059. 18.32 [257.3579] 18.33 Sec. 18. [260.851] [INTERSTATE COMPACT ON THE PLACEMENT OF 18.34 CHILDREN.] 18.35 The interstate compact on the placement of children is 18.36 hereby enacted into law and entered into with all other 19.1 jurisdictions legally joining therein in form substantially as 19.2 follows: 19.3 ARTICLE 1 19.4 Purpose and Policy 19.5 It is the purpose and policy of the party states to 19.6 cooperate with each other in the interstate placement of 19.7 children to the end that: 19.8 (a) Each child requiring placement shall receive the 19.9 maximum opportunity to be placed in a suitable environment and 19.10 with persons or institutions having appropriate qualifications 19.11 and facilities to provide a necessary and desirable degree and 19.12 type of care. 19.13 (b) The appropriate authorities in a state where a child is 19.14 to be placed may have full opportunity to ascertain the 19.15 circumstances of the proposed placement, thereby promoting full 19.16 compliance with applicable requirements for the protection of 19.17 the child. 19.18 (c) The proper authorities of the state from which the 19.19 placement is made may obtain the most complete information on 19.20 the basis on which to evaluate a projected placement before it 19.21 is made. 19.22 (d) Appropriate jurisdictional arrangements for the care of 19.23 children will be promoted. [257.40] 19.24 ARTICLE 2 19.25 Definitions 19.26 As used in this compact: 19.27 (a) "Child" means a person who, by reason of minority, is 19.28 legally subject to parental, guardianship or similar control. 19.29 (b) "Sending agency" means a party state, officer or 19.30 employee thereof; a subdivision of a party state, or officer or 19.31 employee thereof; a court of a party state; a person, 19.32 corporation, association, charitable agency or other entity 19.33 which sends, brings, or causes to be sent or brought any child 19.34 to another party state. 19.35 (c) "Receiving state" means the state to which a child is 19.36 sent, brought, or caused to be sent or brought, whether by 20.1 public authorities or private persons or agencies, and whether 20.2 for placement with state or local public authorities or for 20.3 placement with private agencies or persons. 20.4 (d) "Placement" means the arrangement for the care of a 20.5 child in a family free or boarding home or in a child-caring 20.6 agency or institution but does not include any institution 20.7 caring for the mentally ill, mentally defective or persons 20.8 having epilepsy or any institution primarily educational in 20.9 character, and any hospital or other medical facility. [257.40] 20.10 ARTICLE 3 20.11 Conditions for Placement 20.12 (a) No sending agency shall send, bring, or cause to be 20.13 sent or brought into any other party state any child for 20.14 placement in foster care or as a preliminary to a possible 20.15 adoption unless the sending agency shall comply with each and 20.16 every requirement set forth in this article and with the 20.17 applicable laws of the receiving state governing the placement 20.18 of children therein. 20.19 (b) Prior to sending, bringing or causing any child to be 20.20 sent or brought into a receiving state for placement in foster 20.21 care or as a preliminary to a possible adoption, the sending 20.22 agency shall furnish the appropriate public authorities in the 20.23 receiving state written notice of the intention to send, bring, 20.24 or place the child in the receiving state. The notice shall 20.25 contain: 20.26 (1) The name, date and place of birth of the child. 20.27 (2) The identity and address or addresses of the parents or 20.28 legal guardian. 20.29 (3) The name and address of the person, agency or 20.30 institution to or with which the sending agency proposes to 20.31 send, bring, or place the child. 20.32 (4) A full statement of the reasons for such proposed 20.33 action and evidence of the authority pursuant to which the 20.34 placement is proposed to be made. 20.35 (c) Any public officer or agency in a receiving state which 20.36 is in receipt of a notice pursuant to paragraph (b) of this 21.1 article may request of the sending agency, or any other 21.2 appropriate officer or agency of or in the sending agency's 21.3 state, and shall be entitled to receive therefrom, such 21.4 supporting or additional information as it may deem necessary 21.5 under the circumstances to carry out the purpose and policy of 21.6 this compact. 21.7 (d) The child shall not be sent, brought, or caused to be 21.8 sent or brought into the receiving state until the appropriate 21.9 public authorities in the receiving state shall notify the 21.10 sending agency, in writing, to the effect that the proposed 21.11 placement does not appear to be contrary to the interests of the 21.12 child. [257.40] 21.13 ARTICLE 4 21.14 Penalty for Illegal Placement 21.15 The sending, bringing, or causing to be sent or brought 21.16 into any receiving state of a child in violation of the terms of 21.17 this compact shall constitute a violation of the laws respecting 21.18 the placement of children of both the state in which the sending 21.19 agency is located or from which it sends or brings the child and 21.20 of the receiving state. Such violation may be punished or 21.21 subjected to penalty in either jurisdiction in accordance with 21.22 its laws. In addition to liability for any such punishment or 21.23 penalty, any such violation shall constitute full and sufficient 21.24 grounds for the suspension or revocation of any license, permit, 21.25 or other legal authorization held by the sending agency which 21.26 empowers or allows it to place, or care for children. [257.40] 21.27 ARTICLE 5 21.28 Retention of Jurisdiction 21.29 (a) The sending agency shall retain jurisdiction over the 21.30 child sufficient to determine all matters in relation to the 21.31 custody, supervision, care, treatment and disposition of the 21.32 child which it would have had if the child had remained in the 21.33 sending agency's state, until the child is adopted, reaches 21.34 majority, becomes self-supporting or is discharged with the 21.35 concurrence of the appropriate authority in the receiving 21.36 state. Such jurisdiction shall also include the power to effect 22.1 or cause the return of the child or its transfer to another 22.2 location and custody pursuant to law. The sending agency shall 22.3 continue to have financial responsibility for support and 22.4 maintenance of the child during the period of the placement. 22.5 Nothing contained herein shall defeat a claim of jurisdiction by 22.6 a receiving state sufficient to deal with an act of delinquency 22.7 or crime committed therein. 22.8 (b) When the sending agency is a public agency, it may 22.9 enter into an agreement with an authorized public or private 22.10 agency in the receiving state providing for the performance of 22.11 one or more services in respect of such case by the latter as 22.12 agent for the sending agency. 22.13 (c) Nothing in this compact shall be construed to prevent a 22.14 private charitable agency authorized to place children in the 22.15 receiving state from performing services or acting as agent in 22.16 that state for a private charitable agency of the sending state; 22.17 nor to prevent the agency in the receiving state from 22.18 discharging financial responsibility for the support and 22.19 maintenance of a child who has been placed on behalf of the 22.20 sending agency without relieving the responsibility set forth in 22.21 paragraph (a) hereof. [257.40] 22.22 ARTICLE 6 22.23 Institutional Care of Delinquent Children 22.24 A child adjudicated delinquent may be placed in an 22.25 institution in another party jurisdiction pursuant to this 22.26 compact but no such placement shall be made unless the child is 22.27 given a court hearing on notice to the parent or guardian with 22.28 opportunity to be heard, prior to his being sent to such other 22.29 party jurisdiction for institutional care and the court finds 22.30 that: 22.31 1. Equivalent facilities for the child are not available 22.32 in the sending agency's jurisdiction; and 22.33 2. Institutional care in the other jurisdiction is in the 22.34 best interest of the child and will not produce undue hardship. 22.35 [257.40] 22.36 ARTICLE 7 23.1 Compact Administrator 23.2 The executive head of each jurisdiction party to this 23.3 compact shall designate an officer who shall be general 23.4 coordinator of activities under this compact in his jurisdiction 23.5 and who, acting jointly with like officers of other party 23.6 jurisdictions, shall have power to promulgate rules and 23.7 regulations to carry out more effectively the terms and 23.8 provisions of this compact. [257.40] 23.9 ARTICLE 8 23.10 Limitations 23.11 This compact shall not apply to: 23.12 (a) The sending or bringing of a child into a receiving 23.13 state by his parent, stepparent, grandparent, adult brother or 23.14 sister, adult uncle or aunt, or his guardian and leaving the 23.15 child with any such relative or nonagency guardian in the 23.16 receiving state. 23.17 (b) Any placement, sending or bringing of a child into a 23.18 receiving state pursuant to any other interstate compact to 23.19 which both the state from which the child is sent or brought and 23.20 the receiving state are party, or to any other agreement between 23.21 said states which has the force of law. [257.40] 23.22 ARTICLE 9 23.23 Enactment and Withdrawal 23.24 This compact shall be open to joinder by any state, 23.25 territory or possession of the United States, the District of 23.26 Columbia, the Commonwealth of Puerto Rico, and, with the consent 23.27 of Congress, the Government of Canada or any province thereof. 23.28 It shall become effective with respect to any such jurisdiction 23.29 when such jurisdiction has enacted the same into law. 23.30 Withdrawal from this compact shall be by the enactment of a 23.31 statute repealing the same, but shall not take effect until two 23.32 years after the effective date of such statute and until written 23.33 notice of the withdrawal has been given by the withdrawing state 23.34 to the Governor of each other party jurisdiction. Withdrawal of 23.35 a party state shall not affect the rights, duties and 23.36 obligations under this compact of any sending agency therein 24.1 with respect to a placement made prior to the effective date of 24.2 withdrawal. [257.40] 24.3 ARTICLE 10 24.4 Construction and Severability 24.5 The provisions of this compact shall be liberally construed 24.6 to effectuate the purposes thereof. The provisions of this 24.7 compact shall be severable and if any phrase, clause, sentence 24.8 or provision of this compact is declared to be contrary to the 24.9 constitution of any party state or of the United States or the 24.10 applicability thereof to any government, agency, person or 24.11 circumstance is held invalid, the validity of the remainder of 24.12 this compact and the applicability thereof to any government, 24.13 agency, person or circumstance shall not be affected thereby. 24.14 If this compact shall be held contrary to the constitution of 24.15 any state party thereto, the compact shall remain in full force 24.16 and effect as to the remaining states and in full force and 24.17 effect as to the state affected as to all severable matters. 24.18 [257.40] 24.19 Section 1. [260.855] [FINANCIAL RESPONSIBILITY.] 24.20 Financial responsibility for any child placed pursuant to 24.21 the provisions of the interstate compact on the placement of 24.22 children shall be determined in accordance with the provisions 24.23 of article 5 thereof in the first instance. However, in the 24.24 event of partial or complete default of performance thereunder, 24.25 the provisions of sections 518C.101 to 518C.902 also may be 24.26 invoked. [257.41] 24.27 Sec. 2. [260.861] [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 24.28 The "appropriate public authorities" as used in article 3 24.29 of the interstate compact on the placement of children shall, 24.30 with reference to this state, mean the Minnesota department of 24.31 human services and said department of human services shall 24.32 receive and act with reference to notices required by said 24.33 article 3. [257.42] 24.34 Sec. 3. [260.865] [APPROPRIATE AUTHORITY IN RECEIVING 24.35 STATE DEFINED.] 24.36 As used in paragraph (a) of article 5 of the interstate 25.1 compact on the placement of children, the phrase "appropriate 25.2 authority in the receiving state" with reference to this state 25.3 shall mean the commissioner of human services. [257.43] 25.4 Sec. 4. [260.871] [AGREEMENTS.] 25.5 The officers and agencies of this state and its 25.6 subdivisions having authority to place children are hereby 25.7 empowered to enter into agreements with appropriate officers or 25.8 agencies of or in other party states pursuant to paragraph (b) 25.9 of article 5 of the interstate compact on the placement of 25.10 children. Any such agreement which contains a financial 25.11 commitment or imposes a financial obligation on this state or 25.12 subdivision or agency thereof shall not be binding unless it has 25.13 the approval in writing of the commissioner of human services in 25.14 the case of the state and of the chief local fiscal officer in 25.15 the case of a subdivision of the state. [257.44] 25.16 Sec. 5. [260.875] [REQUIREMENTS FOR VISITATION; 25.17 SUPERVISION.] 25.18 Any requirements for visitation, inspection or supervision 25.19 of children, homes, institutions or other agencies in another 25.20 party state which may apply under section 257.071 shall be 25.21 deemed to be met if performed pursuant to an agreement entered 25.22 into by appropriate officers or agencies of this state or a 25.23 subdivision thereof as contemplated by paragraph (b) of article 25.24 5 of the interstate compact on the placement of children. 25.25 [257.45] 25.26 Sec. 6. [260.881] [CERTAIN LAWS NOT APPLICABLE.] 25.27 The provisions of section 257.06 shall not apply to 25.28 placements made pursuant to the interstate compact on the 25.29 placement of children. [257.46] 25.30 Sec. 7. [260.885] [COURT JURISDICTION RETAINED.] 25.31 Any court having jurisdiction to place delinquent children 25.32 may place such a child in an institution or in another state 25.33 pursuant to article 6 of the interstate compact on the placement 25.34 of children and shall retain jurisdiction as provided in article 25.35 5 thereof. [257.47] 25.36 Sec. 8. [260.91] [EXECUTIVE HEAD DEFINED.] 26.1 As used in article 7 of the interstate compact on the 26.2 placement of children, the term "executive head" means the 26.3 governor. The governor is hereby authorized to appoint a 26.4 compact administrator in accordance with the terms of said 26.5 article 7. [257.48] 26.6 ARTICLE 2 26.7 DELINQUENCY PROVISIONS 26.8 Section 1. [260B.001] [TITLE, INTENT, AND CONSTRUCTION.] 26.9 Subdivision 1. [CITATION.] Sections 260B.001 to 260B.446 26.10 may be cited as the delinquency provisions of the Juvenile Court 26.11 Act. [260.011, subd. 1] 26.12 Subd. 2. [DELINQUENCY.] The purpose of the laws relating 26.13 to children alleged or adjudicated to be delinquent is to 26.14 promote the public safety and reduce juvenile delinquency by 26.15 maintaining the integrity of the substantive law prohibiting 26.16 certain behavior and by developing individual responsibility for 26.17 lawful behavior. This purpose should be pursued through means 26.18 that are fair and just, that recognize the unique 26.19 characteristics and needs of children, and that give children 26.20 access to opportunities for personal and social growth. 26.21 [260.011, subd. 2(c)] 26.22 Subd. 3. [CONSTRUCTION.] The laws relating to juvenile 26.23 courts shall be liberally construed to carry out the purpose 26.24 specified in subdivision 2. [260.011, subd. 2(d)] 26.25 Sec. 2. [260B.005] [SCOPE OF VICTIM RIGHTS.] 26.26 The rights granted to victims of crime in sections 611A.01 26.27 to 611A.06 are applicable to adult criminal cases, juvenile 26.28 delinquency proceedings, juvenile traffic proceedings involving 26.29 driving under the influence of alcohol or drugs, and proceedings 26.30 involving any other act committed by a juvenile that would be a 26.31 crime as defined in section 609.02, if committed by an adult. 26.32 [260.013] 26.33 Sec. 3. [260B.007] [DEFINITIONS.] 26.34 Subdivision 1. [SCOPE.] As used in this chapter, the terms 26.35 defined in this section have the same meanings given to them. 26.36 [260.015, subd. 1] 27.1 Subd. 2. [AGENCY.] "Agency" means the local social service 27.2 agency or a licensed child-placing agency. [260.015, subd. 1a] 27.3 Subd. 3. [CHILD.] "Child" means an individual under 18 27.4 years of age and includes any minor alleged to have been 27.5 delinquent or a juvenile traffic offender prior to having become 27.6 18 years of age. [260.015, subd. 2] 27.7 Subd. 4. [CHILD-PLACING AGENCY.] "Child-placing agency" 27.8 means anyone licensed under sections 245A.01 to 245A.16 and 27.9 252.28, subdivision 2. [260.015, subd. 3] 27.10 Subd. 5. [COURT.] "Court" means juvenile court unless 27.11 otherwise specified in this section. [260.015, subd. 4] 27.12 Subd. 6. [DELINQUENT CHILD.] (a) Except as otherwise 27.13 provided in paragraph (b), "delinquent child" means a child: 27.14 (1) who has violated any state or local law, except as 27.15 provided in section 260B.225, subdivision 1, and except for 27.16 juvenile offenders as described in subdivisions 19 to 23; 27.17 (2) who has violated a federal law or a law of another 27.18 state and whose case has been referred to the juvenile court if 27.19 the violation would be an act of delinquency if committed in 27.20 this state or a crime or offense if committed by an adult; 27.21 (3) who has escaped from confinement to a state juvenile 27.22 correctional facility after being committed to the custody of 27.23 the commissioner of corrections; or 27.24 (4) who has escaped from confinement to a local juvenile 27.25 correctional facility after being committed to the facility by 27.26 the court. 27.27 (b) The term delinquent child does not include a child 27.28 alleged to have committed murder in the first degree after 27.29 becoming 16 years of age, but the term delinquent child does 27.30 include a child alleged to have committed attempted murder in 27.31 the first degree. [260.015, subd. 5] 27.32 Subd. 7. [FOSTER CARE.] "Foster care" means the 24 hour a 27.33 day care of a child in any facility which for gain or otherwise 27.34 regularly provides one or more children, when unaccompanied by 27.35 their parents, with a substitute for the care, food, lodging, 27.36 training, education, supervision or treatment they need but 28.1 which for any reason cannot be furnished by their parents or 28.2 legal guardians in their homes. [260.015, subd. 7] 28.3 Subd. 8. [LEGAL CUSTODY.] "Legal custody" means the right 28.4 to the care, custody, and control of a child who has been taken 28.5 from a parent by the court in accordance with the provisions of 28.6 sections 260B.198 and 260B.235. The expenses of legal custody 28.7 are paid in accordance with the provisions of section 260B.331. 28.8 [260.015, subd. 8 (omitting child protection-related text)] 28.9 Subd. 9. [MINOR.] "Minor" means an individual under 18 28.10 years of age. [260.015, subd. 9] 28.11 Subd. 10. [PARENT.] "Parent" means the birth or adoptive 28.12 parent of a minor. For an Indian child, parent includes any 28.13 Indian person who has adopted a child by tribal law or custom, 28.14 as provided in section 260.755, subdivision 14. [260.015, subd. 28.15 11] 28.16 Subd. 11. [PERSON.] "Person" includes any individual, 28.17 association, corporation, partnership, and the state or any of 28.18 its political subdivisions, departments, or agencies. [260.015, 28.19 subd. 12] 28.20 Subd. 12. [RELATIVE.] "Relative" means a parent, 28.21 stepparent, grandparent, brother, sister, uncle, or aunt of the 28.22 minor. This relationship may be by blood or marriage. For an 28.23 Indian child, relative includes members of the extended family 28.24 as defined by the law or custom of the Indian child's tribe or, 28.25 in the absence of laws or custom, nieces, nephews, or first or 28.26 second cousins, as provided in the Indian Child Welfare Act of 28.27 1978, United States Code, title 25, section 1903. [260.015, 28.28 subd. 13] 28.29 Subd. 13. [CUSTODIAN.] "Custodian" means any person who is 28.30 under a legal obligation to provide care and support for a minor 28.31 or who is in fact providing care and support for a minor. This 28.32 subdivision does not impose upon persons who are not otherwise 28.33 legally responsible for providing a child with necessary food, 28.34 clothing, shelter, education, or medical care a duty to provide 28.35 that care. For an Indian child, custodian means any Indian 28.36 person who has legal custody of an Indian child under tribal law 29.1 or custom or under state law or to whom temporary physical care, 29.2 custody, and control has been transferred by the parent of the 29.3 child, as provided in section 260.755, subdivision 11. 29.4 [260.015, subd. 14] 29.5 Subd. 14. [SECURE DETENTION FACILITY.] "Secure detention 29.6 facility" means a physically restricting facility, including but 29.7 not limited to a jail, a hospital, a state institution, a 29.8 residential treatment center, or a detention home used for the 29.9 temporary care of a child pending court action. [260.015, subd. 29.10 16] 29.11 Subd. 15. [SHELTER CARE FACILITY.] "Shelter care facility" 29.12 means a physically unrestricting facility, such as, but not 29.13 limited to, a hospital, a group home, or a licensed facility for 29.14 foster care, used for the temporary care of a child pending 29.15 court action. [260.015, subd. 17] 29.16 Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 29.17 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 29.18 alcohol offense, a juvenile controlled substance offense, a 29.19 violation of section 609.685, or a violation of a local 29.20 ordinance, which by its terms prohibits conduct by a child under 29.21 the age of 18 years which would be lawful conduct if committed 29.22 by an adult. 29.23 (b) Except as otherwise provided in paragraph (c), 29.24 "juvenile petty offense" also includes an offense that would be 29.25 a misdemeanor if committed by an adult. 29.26 (c) "Juvenile petty offense" does not include any of the 29.27 following: 29.28 (1) a misdemeanor-level violation of section 588.20, 29.29 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 29.30 (2) a major traffic offense or an adult court traffic 29.31 offense, as described in section 260B.225; 29.32 (3) a misdemeanor-level offense committed by a child whom 29.33 the juvenile court previously has found to have committed a 29.34 misdemeanor, gross misdemeanor, or felony offense; or 29.35 (4) a misdemeanor-level offense committed by a child whom 29.36 the juvenile court has found to have committed a 30.1 misdemeanor-level juvenile petty offense on two or more prior 30.2 occasions, unless the county attorney designates the child on 30.3 the petition as a juvenile petty offender notwithstanding this 30.4 prior record. As used in this clause, "misdemeanor-level 30.5 juvenile petty offense" includes a misdemeanor-level offense 30.6 that would have been a juvenile petty offense if it had been 30.7 committed on or after July 1, 1995. 30.8 (d) A child who commits a juvenile petty offense is a 30.9 "juvenile petty offender." [260.015, subd. 21] 30.10 Subd. 17. [JUVENILE ALCOHOL OFFENSE.] "Juvenile alcohol 30.11 offense" means a violation by a child of any provision of 30.12 section 340A.503 or an equivalent local ordinance. [260.015, 30.13 subd. 22] 30.14 Subd. 18. [JUVENILE CONTROLLED SUBSTANCE OFFENSE.] 30.15 "Juvenile controlled substance offense" means a violation by a 30.16 child of section 152.027, subdivision 4, with respect to a small 30.17 amount of marijuana or an equivalent local ordinance. [260.015, 30.18 subd. 23] 30.19 Subd. 19. [INDIAN.] "Indian," consistent with section 30.20 260.755, subdivision 7, means a person who is a member of an 30.21 Indian tribe or who is an Alaskan native and a member of a 30.22 regional corporation as defined in section 7 of the Alaska 30.23 Native Claims Settlement Act, United States Code, title 43, 30.24 section 1606. [260.015, subd. 26] 30.25 Subd. 20. [INDIAN CHILD.] "Indian child," consistent with 30.26 section 257.351, subdivision 6, means an unmarried person who is 30.27 under age 18 and is: 30.28 (1) a member of an Indian tribe; or 30.29 (2) eligible for membership in an Indian tribe. [260.015, 30.30 subd. 27] 30.31 Sec. 4. [260B.050] [EXPERT ASSISTANCE.] 30.32 In any county the court may provide for the physical and 30.33 mental diagnosis of cases of minors who are believed to be 30.34 physically handicapped, mentally ill, or mentally retarded, and 30.35 for such purpose may appoint professionally qualified persons, 30.36 whose compensation shall be fixed by the judge with the approval 31.1 of the county board. [260.092] 31.2 Sec. 5. [260B.060] [COUNTY HOME SCHOOLS.] 31.3 In any county or group of counties the county boards may 31.4 purchase, lease, erect, equip, and maintain a county home school 31.5 for boys and girls, or a separate home school for boys and a 31.6 separate home school for girls. The juvenile court may transfer 31.7 legal custody of a delinquent child to the home school in the 31.8 manner provided in section 260B.198. The county home school 31.9 may, with the approval of the district court judges in counties 31.10 now or hereafter having a population of more than 200,000, or of 31.11 the juvenile court judges in all other counties, be a separate 31.12 institution, or it may be established and operated in connection 31.13 with any other organized charitable or educational institution. 31.14 However, the plans, location, equipment, and operation of the 31.15 county home school shall in all cases have the approval of the 31.16 said judges. There shall be a superintendent or matron, or 31.17 both, for such school, who shall be appointed and removed by the 31.18 said judges. The salaries of the superintendent, matron, and 31.19 other employees shall be fixed by the said judges, subject to 31.20 the approval of the county board. The county board of each 31.21 county to which this section applies is hereby authorized, 31.22 empowered, and required to provide the necessary funds to make 31.23 all needful appropriations to carry out the provisions of this 31.24 section. The board of education, commissioner of children, 31.25 families, and learning, or other persons having charge of the 31.26 public schools in any city of the first or second class in a 31.27 county where a county home school is maintained pursuant to the 31.28 provisions of this section may furnish all necessary 31.29 instructors, school books, and school supplies for the boys and 31.30 girls placed in any such home school. [260.094] 31.31 Sec. 6. [260B.070] [EXISTING HOME SCHOOLS CONTINUED.] 31.32 All juvenile detention homes, farms, and industrial schools 31.33 heretofore established under the provisions of Laws 1905, 31.34 chapter 285, section 5, as amended by Laws 1907, chapter 172, 31.35 and Laws 1911, chapter 353, or Laws 1913, chapter 83, Laws 1915, 31.36 chapter 228, or Laws 1917, chapter 317, as amended, are hereby 32.1 declared to be county home schools within the meaning of 32.2 sections 260B.001 to 260B.421 and all the provisions of those 32.3 sections relating to county home schools shall apply thereto. 32.4 [260.096] 32.5 Sec. 7. [260B.080] [DETENTION HOMES.] 32.6 In any county or group of counties the county boards may 32.7 purchase, lease, erect, equip, and maintain a detention home for 32.8 boys and girls, or a separate detention home for boys and girls, 32.9 or a separate detention home for boys or a separate detention 32.10 home for girls. The detention home may, with the approval of 32.11 the district court judges in counties now or hereafter having a 32.12 population of more than 200,000 or of the juvenile court judges 32.13 in all other counties be a separate institution, or it may be 32.14 established and operated in connection with a county home school 32.15 or any organized charitable or educational institution. 32.16 However, the plans, location, equipment, and operation of the 32.17 detention home shall in all cases have the approval of the 32.18 judges. Necessary staff shall be appointed and removed by the 32.19 judges. The salaries of the staff shall be fixed by the judges, 32.20 subject to the approval of the county boards. The county board 32.21 of each county to which this section applies shall provide the 32.22 necessary funds to carry out the provisions of this section. 32.23 [260.101] 32.24 Sec. 8. [260B.101] [JURISDICTION.] 32.25 Subdivision 1. [CHILDREN WHO ARE DELINQUENT.] Except as 32.26 provided in sections 260B.125 and 260B.225, the juvenile court 32.27 has original and exclusive jurisdiction in proceedings 32.28 concerning any child who is alleged to be delinquent, a juvenile 32.29 traffic offender, a juvenile petty offender, and in proceedings 32.30 concerning any minor alleged to have been a delinquent, a 32.31 juvenile petty offender, or a juvenile traffic offender prior to 32.32 having become 18 years of age. The juvenile court shall deal 32.33 with such a minor as it deals with any other child who is 32.34 alleged to be delinquent or a juvenile traffic offender. 32.35 [260.111, subd. 1 (omitting child protection-related text)] 32.36 Subd. 2. [NO JUVENILE COURT JURISDICTION OVER CERTAIN 33.1 OFFENDERS.] Notwithstanding any other law to the contrary, the 33.2 juvenile court lacks jurisdiction over proceedings concerning a 33.3 child excluded from the definition of delinquent child under 33.4 section 260B.007, subdivision 6, paragraph (b). The district 33.5 court has original and exclusive jurisdiction in criminal 33.6 proceedings concerning a child excluded from the definition of 33.7 delinquent child under section 260B.007, subdivision 6, 33.8 paragraph (b). [260.111, subd. 1a] 33.9 Subd. 3. [JURISDICTION OVER PARENTS AND GUARDIANS.] A 33.10 parent, guardian, or custodian of a child who is subject to the 33.11 jurisdiction of the court is also subject to the jurisdiction of 33.12 the court in any matter in which that parent, guardian, or 33.13 custodian has a right to notice under section 260B.151 or 33.14 260B.152, or the right to participate under section 260B.163. 33.15 [260.111, subd. 4 (omitting child protection-related text)] 33.16 Sec. 9. [260B.103] [TRANSFERS FROM OTHER COURTS.] 33.17 Subdivision 1. [TRANSFERS REQUIRED.] Except where a 33.18 juvenile court has certified an alleged violation in accordance 33.19 with the provisions of section 260B.125, the child is alleged to 33.20 have committed murder in the first degree after becoming 16 33.21 years of age, or a court has original jurisdiction of a child 33.22 who has committed an adult court traffic offense, as defined in 33.23 section 260B.225, subdivision 1, clause (c), a court other than 33.24 a juvenile court shall immediately transfer to the juvenile 33.25 court of the county the case of a minor who appears before the 33.26 court on a charge of violating any state or local law or 33.27 ordinance and who is under 18 years of age or who was under 18 33.28 years of age at the time of the commission of the alleged 33.29 offense. [260.115, subd. 1] 33.30 Subd. 2. [CERTIFICATE.] The court transfers the case by 33.31 filing with the judge or court administrator of juvenile court a 33.32 certificate showing the name, age, and residence of the minor, 33.33 the names and addresses of the minor's parent or guardian, if 33.34 known, and the reasons for appearance in court, together with 33.35 all the papers, documents, and testimony connected therewith. 33.36 The certificate has the effect of a petition filed in the 34.1 juvenile court, unless the judge of the juvenile court directs 34.2 the filing of a new petition, which shall supersede the 34.3 certificate of transfer. [260.115, subd. 2] 34.4 Subd. 3. [ORDER TO BE TAKEN.] The transferring court shall 34.5 order the minor to be taken immediately to the juvenile court 34.6 and in no event shall detain the minor for longer than 48 hours 34.7 after the appearance of the minor in the transferring court. 34.8 The transferring court may release the minor to the custody of a 34.9 parent, guardian, custodian, or other person designated by the 34.10 court on the condition that the minor will appear in juvenile 34.11 court as directed. The transferring court may require the 34.12 person given custody of the minor to post such bail or bond as 34.13 may be approved by the court which shall be forfeited to the 34.14 juvenile court if the minor does not appear as directed. The 34.15 transferring court may also release the minor on the minor's own 34.16 promise to appear in juvenile court. [260.115, subd. 3] 34.17 Sec. 10. [260B.105] [VENUE.] 34.18 Subdivision 1. [VENUE.] Except where otherwise provided, 34.19 venue for any proceedings under section 260B.101 shall be in the 34.20 county where the child is found, or the county of the child's 34.21 residence. If delinquency, a juvenile petty offense, or a 34.22 juvenile traffic offense is alleged, proceedings shall be 34.23 brought in the county of residence or the county where the 34.24 alleged delinquency, juvenile petty offense, or juvenile traffic 34.25 offense occurred. [260.121, subd. 1 (omitting child 34.26 protection-related text)] 34.27 Subd. 2. [TRANSFER.] The judge of the juvenile court may 34.28 transfer any proceedings brought under section 260B.101, to the 34.29 juvenile court of a county having venue as provided in 34.30 subdivision 1, at any stage of the proceedings and in the 34.31 following manner. When it appears that the best interests of 34.32 the child, society, or the convenience of proceedings will be 34.33 served by a transfer, the court may transfer the case to the 34.34 juvenile court of the county of the child's residence. With the 34.35 consent of the receiving court, the court may also transfer the 34.36 case to the juvenile court of the county where the child is 35.1 found or, if delinquency, a juvenile petty offense, or a 35.2 juvenile traffic offense is alleged, to the county where the 35.3 alleged delinquency, juvenile petty offense, or juvenile traffic 35.4 offense occurred. The court transfers the case by ordering a 35.5 continuance and by forwarding to the court administrator of the 35.6 appropriate juvenile court a certified copy of all papers filed, 35.7 together with an order of transfer. The judge of the receiving 35.8 court may accept the findings of the transferring court or may 35.9 direct the filing of a new petition or notice under section 35.10 260B.007, subdivision 18, or 260B.143 and hear the case anew. 35.11 [260.121, subd. 2 (omitting child protection-related text)] 35.12 Subd. 3. [INVOLVING INTERSTATE COMPACT.] Except when a 35.13 child is alleged to have committed an adult court traffic 35.14 offense, as defined in section 260B.225, subdivision 1, clause 35.15 (c), if it appears at any stage of the proceeding that a child 35.16 before the court is a resident of another state, the court may 35.17 invoke the provisions of the interstate compact on juveniles or, 35.18 if it is in the best interests of the child or the public to do 35.19 so, the court may place the child in the custody of the child's 35.20 parent, guardian, or custodian, if the parent, guardian, or 35.21 custodian agrees to accept custody of the child and return the 35.22 child to their state. [260.121, subd. 3] 35.23 Sec. 11. [260B.125] [CERTIFICATION.] 35.24 Subdivision 1. [ORDER.] When a child is alleged to have 35.25 committed, after becoming 14 years of age, an offense that would 35.26 be a felony if committed by an adult, the juvenile court may 35.27 enter an order certifying the proceeding for action under the 35.28 laws and court procedures controlling adult criminal 35.29 violations. [260.125, subd. 1] 35.30 Subd. 2. [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 35.31 provided in subdivision 5 or 6, the juvenile court may order a 35.32 certification only if: 35.33 (1) a petition has been filed in accordance with the 35.34 provisions of section 260B.141; 35.35 (2) a motion for certification has been filed by the 35.36 prosecuting authority; 36.1 (3) notice has been given in accordance with the provisions 36.2 of sections 260B.151 and 260B.152; 36.3 (4) a hearing has been held in accordance with the 36.4 provisions of section 260B.163 within 30 days of the filing of 36.5 the certification motion, unless good cause is shown by the 36.6 prosecution or the child as to why the hearing should not be 36.7 held within this period in which case the hearing shall be held 36.8 within 90 days of the filing of the motion; 36.9 (5) the court finds that there is probable cause, as 36.10 defined by the rules of criminal procedure promulgated pursuant 36.11 to section 480.059, to believe the child committed the offense 36.12 alleged by delinquency petition; and 36.13 (6) the court finds either: 36.14 (i) that the presumption of certification created by 36.15 subdivision 3 applies and the child has not rebutted the 36.16 presumption by clear and convincing evidence demonstrating that 36.17 retaining the proceeding in the juvenile court serves public 36.18 safety; or 36.19 (ii) that the presumption of certification does not apply 36.20 and the prosecuting authority has demonstrated by clear and 36.21 convincing evidence that retaining the proceeding in the 36.22 juvenile court does not serve public safety. If the court finds 36.23 that the prosecutor has not demonstrated by clear and convincing 36.24 evidence that retaining the proceeding in juvenile court does 36.25 not serve public safety, the court shall retain the proceeding 36.26 in juvenile court. [260.125, subd. 2] 36.27 Subd. 3. [PRESUMPTION OF CERTIFICATION.] It is presumed 36.28 that a proceeding involving an offense committed by a child will 36.29 be certified if: 36.30 (1) the child was 16 or 17 years old at the time of the 36.31 offense; and 36.32 (2) the delinquency petition alleges that the child 36.33 committed an offense that would result in a presumptive 36.34 commitment to prison under the sentencing guidelines and 36.35 applicable statutes, or that the child committed any felony 36.36 offense while using, whether by brandishing, displaying, 37.1 threatening with, or otherwise employing, a firearm. 37.2 If the court determines that probable cause exists to believe 37.3 the child committed the alleged offense, the burden is on the 37.4 child to rebut this presumption by demonstrating by clear and 37.5 convincing evidence that retaining the proceeding in the 37.6 juvenile court serves public safety. If the court finds that 37.7 the child has not rebutted the presumption by clear and 37.8 convincing evidence, the court shall certify the proceeding. 37.9 [260.125, subd. 2a] 37.10 Subd. 4. [PUBLIC SAFETY.] In determining whether the 37.11 public safety is served by certifying the matter, the court 37.12 shall consider the following factors: 37.13 (1) the seriousness of the alleged offense in terms of 37.14 community protection, including the existence of any aggravating 37.15 factors recognized by the sentencing guidelines, the use of a 37.16 firearm, and the impact on any victim; 37.17 (2) the culpability of the child in committing the alleged 37.18 offense, including the level of the child's participation in 37.19 planning and carrying out the offense and the existence of any 37.20 mitigating factors recognized by the sentencing guidelines; 37.21 (3) the child's prior record of delinquency; 37.22 (4) the child's programming history, including the child's 37.23 past willingness to participate meaningfully in available 37.24 programming; 37.25 (5) the adequacy of the punishment or programming available 37.26 in the juvenile justice system; and 37.27 (6) the dispositional options available for the child. 37.28 In considering these factors, the court shall give greater 37.29 weight to the seriousness of the alleged offense and the child's 37.30 prior record of delinquency than to the other factors listed in 37.31 this subdivision. [260.125, subd. 2b] 37.32 Subd. 5. [PRIOR CERTIFICATION; EXCEPTION.] Notwithstanding 37.33 the provisions of subdivisions 2, 3, and 4, the court shall 37.34 order a certification in any felony case if the prosecutor shows 37.35 that the child has been previously prosecuted on a felony charge 37.36 by an order of certification issued pursuant to either a hearing 38.1 held under subdivision 2 or pursuant to the waiver of the right 38.2 to such a hearing, other than a prior certification in the same 38.3 case. 38.4 This subdivision only applies if the child is convicted of 38.5 the offense or offenses for which the child was prosecuted 38.6 pursuant to the order of certification or of a lesser-included 38.7 offense which is a felony. 38.8 This subdivision does not apply to juvenile offenders who 38.9 are subject to criminal court jurisdiction under section 609.055. 38.10 [260.125, subd. 3a] 38.11 Subd. 6. [ADULT CHARGED WITH JUVENILE OFFENSE.] The 38.12 juvenile court has jurisdiction to hold a certification hearing 38.13 on motion of the prosecuting authority to certify the matter if: 38.14 (1) an adult is alleged to have committed an offense before 38.15 the adult's 18th birthday; and 38.16 (2) a petition is filed under section 260B.141 before 38.17 expiration of the time for filing under section 628.26. 38.18 The court may not certify the matter under this subdivision if 38.19 the adult demonstrates that the delay was purposefully caused by 38.20 the state in order to gain an unfair advantage. [260.125, subd. 38.21 3b] 38.22 Subd. 7. [EFFECT OF ORDER.] When the juvenile court enters 38.23 an order certifying an alleged violation, the prosecuting 38.24 authority shall proceed with the case as if the jurisdiction of 38.25 the juvenile court had never attached. [260.125, subd. 4] 38.26 Subd. 8. [WRITTEN FINDINGS; OPTIONS.] The court shall 38.27 decide whether to order certification within 15 days after the 38.28 certification hearing was completed, unless additional time is 38.29 needed, in which case the court may extend the period up to 38.30 another 15 days. If the juvenile court orders certification, 38.31 and the presumption described in subdivision 3 does not apply, 38.32 the order shall contain in writing, findings of fact and 38.33 conclusions of law as to why public safety is not served by 38.34 retaining the proceeding in the juvenile court. If the juvenile 38.35 court, after a hearing conducted pursuant to subdivision 2, 38.36 decides not to order certification, the decision shall contain, 39.1 in writing, findings of fact and conclusions of law as to why 39.2 certification is not ordered. If the juvenile court decides not 39.3 to order certification in a case in which the presumption 39.4 described in subdivision 3 applies, the court shall designate 39.5 the proceeding an extended jurisdiction juvenile prosecution and 39.6 include in its decision written findings of fact and conclusions 39.7 of law as to why the retention of the proceeding in juvenile 39.8 court serves public safety, with specific reference to the 39.9 factors listed in subdivision 4. If the court decides not to 39.10 order certification in a case in which the presumption described 39.11 in subdivision 3 does not apply, the court may designate the 39.12 proceeding an extended jurisdiction juvenile prosecution, 39.13 pursuant to the hearing process described in section 260B.130, 39.14 subdivision 2. [260.125, subd. 5] 39.15 Subd. 9. [FIRST-DEGREE MURDER.] When a motion for 39.16 certification has been filed in a case in which the petition 39.17 alleges that the child committed murder in the first degree, the 39.18 prosecuting authority shall present the case to the grand jury 39.19 for consideration of indictment under chapter 628 within 14 days 39.20 after the petition was filed. [260.125, subd. 6] 39.21 Subd. 10. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 39.22 section does not apply to a child excluded from the definition 39.23 of delinquent child under section 260B.007, subdivision 6, 39.24 paragraph (b). [260.125, subd. 7] 39.25 Sec. 12. [260B.130] [EXTENDED JURISDICTION JUVENILE 39.26 PROSECUTIONS.] 39.27 Subdivision 1. [DESIGNATION.] A proceeding involving a 39.28 child alleged to have committed a felony offense is an extended 39.29 jurisdiction juvenile prosecution if: 39.30 (1) the child was 14 to 17 years old at the time of the 39.31 alleged offense, a certification hearing was held, and the court 39.32 designated the proceeding an extended jurisdiction juvenile 39.33 prosecution; 39.34 (2) the child was 16 or 17 years old at the time of the 39.35 alleged offense; the child is alleged to have committed an 39.36 offense for which the sentencing guidelines and applicable 40.1 statutes presume a commitment to prison or to have committed any 40.2 felony in which the child allegedly used a firearm; and the 40.3 prosecutor designated in the delinquency petition that the 40.4 proceeding is an extended jurisdiction juvenile prosecution; or 40.5 (3) the child was 14 to 17 years old at the time of the 40.6 alleged offense, the prosecutor requested that the proceeding be 40.7 designated an extended jurisdiction juvenile prosecution, a 40.8 hearing was held on the issue of designation, and the court 40.9 designated the proceeding an extended jurisdiction juvenile 40.10 prosecution. [260.126, subd. 1] 40.11 Subd. 2. [HEARING ON PROSECUTOR'S REQUEST.] When a 40.12 prosecutor requests that a proceeding be designated an extended 40.13 jurisdiction juvenile prosecution, the court shall hold a 40.14 hearing under section 260B.163 to consider the request. The 40.15 hearing must be held within 30 days of the filing of the request 40.16 for designation, unless good cause is shown by the prosecution 40.17 or the child as to why the hearing should not be held within 40.18 this period in which case the hearing shall be held within 90 40.19 days of the filing of the request. If the prosecutor shows by 40.20 clear and convincing evidence that designating the proceeding an 40.21 extended jurisdiction juvenile prosecution serves public safety, 40.22 the court shall grant the request for designation. In 40.23 determining whether public safety is served, the court shall 40.24 consider the factors specified in section 260B.125, subdivision 40.25 4. The court shall decide whether to designate the proceeding 40.26 an extended jurisdiction juvenile prosecution within 15 days 40.27 after the designation hearing is completed, unless additional 40.28 time is needed, in which case the court may extend the period up 40.29 to another 15 days. [260.126, subd. 2] 40.30 Subd. 3. [PROCEEDINGS.] A child who is the subject of an 40.31 extended jurisdiction juvenile prosecution has the right to a 40.32 trial by jury and to the effective assistance of counsel, as 40.33 described in section 260B.163, subdivision 4. [260.126, subd. 40.34 3] 40.35 Subd. 4. [DISPOSITION.] (a) If an extended jurisdiction 40.36 juvenile prosecution results in a guilty plea or finding of 41.1 guilt, the court shall: 41.2 (1) impose one or more juvenile dispositions under section 41.3 260B.198; and 41.4 (2) impose an adult criminal sentence, the execution of 41.5 which shall be stayed on the condition that the offender not 41.6 violate the provisions of the disposition order and not commit a 41.7 new offense. 41.8 (b) If a child prosecuted as an extended jurisdiction 41.9 juvenile after designation by the prosecutor in the delinquency 41.10 petition is convicted of an offense after trial that is not an 41.11 offense described in subdivision 1, clause (2), the court shall 41.12 adjudicate the child delinquent and order a disposition under 41.13 section 260B.198. If the extended jurisdiction juvenile 41.14 proceeding results in a guilty plea for an offense not described 41.15 in subdivision 1, clause (2), the court may impose a disposition 41.16 under paragraph (a) if the child consents. [260.126, subd. 4] 41.17 Subd. 5. [EXECUTION OF ADULT SENTENCE.] When it appears 41.18 that a person convicted as an extended jurisdiction juvenile has 41.19 violated the conditions of the stayed sentence, or is alleged to 41.20 have committed a new offense, the court may, without notice, 41.21 revoke the stay and probation and direct that the offender be 41.22 taken into immediate custody. The court shall notify the 41.23 offender in writing of the reasons alleged to exist for 41.24 revocation of the stay of execution of the adult sentence. If 41.25 the offender challenges the reasons, the court shall hold a 41.26 summary hearing on the issue at which the offender is entitled 41.27 to be heard and represented by counsel. After the hearing, if 41.28 the court finds that reasons exist to revoke the stay of 41.29 execution of sentence, the court shall treat the offender as an 41.30 adult and order any of the adult sanctions authorized by section 41.31 609.14, subdivision 3. If the offender was convicted of an 41.32 offense described in subdivision 1, clause (2), and the court 41.33 finds that reasons exist to revoke the stay, the court must 41.34 order execution of the previously imposed sentence unless the 41.35 court makes written findings regarding the mitigating factors 41.36 that justify continuing the stay. Upon revocation, the 42.1 offender's extended jurisdiction status is terminated and 42.2 juvenile court jurisdiction is terminated. The ongoing 42.3 jurisdiction for any adult sanction, other than commitment to 42.4 the commissioner of corrections, is with the adult court. 42.5 [260.126, subd. 5] 42.6 Subd. 6. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 42.7 section does not apply to a child excluded from the definition 42.8 of delinquent child under section 260B.007, subdivision 6, 42.9 paragraph (b). [260.126, subd. 6] 42.10 Sec. 13. [260B.141] [PETITION.] 42.11 Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] Any 42.12 reputable person, including but not limited to any agent of the 42.13 commissioner of human services, having knowledge of a child in 42.14 this state or of a child who is a resident of this state, who 42.15 appears to be delinquent, may petition the juvenile court in the 42.16 manner provided in this section. [260.131, subd. 1(a) (omitting 42.17 child protection-related text)] 42.18 Subd. 2. [VERIFICATION OF PETITION.] The petition shall be 42.19 verified by the person having knowledge of the facts and may be 42.20 on information and belief. Unless otherwise provided by this 42.21 section or by rule or order of the court, the county attorney 42.22 shall draft the petition upon the showing of reasonable grounds 42.23 to support the petition. [260.131, subd. 2] 42.24 Subd. 3. [FORM OF PETITION.] The petition and all 42.25 subsequent court documents shall be entitled substantially as 42.26 follows: 42.27 "Juvenile Court, County of ................. 42.28 In the matter of the welfare of ..........." 42.29 The petition shall set forth plainly: 42.30 (a) The facts which bring the child within the jurisdiction 42.31 of the court; 42.32 (b) The name, date of birth, residence, and post office 42.33 address of the child; 42.34 (c) The names, residences, and post office addresses of the 42.35 child's parents; 42.36 (d) The name, residence, and post office address of the 43.1 child's guardian if there be one, of the person having custody 43.2 or control of the child, and of the nearest known relative if no 43.3 parent or guardian can be found; 43.4 (e) The spouse of the child, if there be one. If any of 43.5 the facts required by the petition are not known or cannot be 43.6 ascertained by the petitioner, the petition shall so state. 43.7 [260.131, subd. 3] 43.8 Subd. 4. [DELINQUENCY PETITION; EXTENDED JURISDICTION 43.9 JUVENILE.] When a prosecutor files a delinquency petition 43.10 alleging that a child committed a felony offense for which there 43.11 is a presumptive commitment to prison according to the 43.12 sentencing guidelines and applicable statutes or in which the 43.13 child used a firearm, after reaching the age of 16 years, the 43.14 prosecutor shall indicate in the petition whether the prosecutor 43.15 designates the proceeding an extended jurisdiction juvenile 43.16 prosecution. When a prosecutor files a delinquency petition 43.17 alleging that a child aged 14 to 17 years committed a felony 43.18 offense, the prosecutor may request that the court designate the 43.19 proceeding an extended jurisdiction juvenile prosecution. 43.20 [260.131, subd. 4] 43.21 Sec. 14. [260B.143] [PROCEDURE; JUVENILE PETTY AND 43.22 MISDEMEANOR OFFENDERS.] 43.23 Subdivision 1. [NOTICE.] When a peace officer has probable 43.24 cause to believe that a child: 43.25 (1) is a juvenile petty offender; or 43.26 (2) has committed a delinquent act that would be a petty 43.27 misdemeanor or misdemeanor if committed by an adult; 43.28 the officer may issue a notice to the child to appear in 43.29 juvenile court in the county in which the child is found or in 43.30 the county of the child's residence or, in the case of a 43.31 juvenile petty offense, or a petty misdemeanor or misdemeanor 43.32 delinquent act, the county in which the offense was committed. 43.33 The officer shall file a copy of the notice to appear with the 43.34 juvenile court of the appropriate county. If a child fails to 43.35 appear in response to the notice, the court may issue a summons 43.36 notifying the child of the nature of the offense alleged and the 44.1 time and place set for the hearing. If the peace officer finds 44.2 it necessary to take the child into custody, sections 260.165 44.3 and 260B.176 shall apply. [260.132, subd. 1 (omitting child 44.4 protection-related text)] 44.5 Subd. 2. [EFFECT OF NOTICE.] Filing with the court a 44.6 notice to appear containing the name and address of the child, 44.7 specifying the offense alleged and the time and place it was 44.8 committed, has the effect of a petition giving the juvenile 44.9 court jurisdiction. [260.132, subd. 2 (omitting child 44.10 protection-related text)] 44.11 Subd. 3. [NOTICE TO PARENT.] Whenever a notice to appear 44.12 or petition is filed alleging that a child is a juvenile petty 44.13 offender or has committed a delinquent act that would be a petty 44.14 misdemeanor or misdemeanor if committed by an adult, the court 44.15 shall summon and notify the person or persons having custody or 44.16 control of the child of the nature of the offense alleged and 44.17 the time and place of hearing. This summons and notice shall be 44.18 served in the time and manner provided in section 260B.151, 44.19 subdivision 1. [260.132, subd. 3 (omitting child 44.20 protection-related text)] 44.21 Subd. 4. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 44.22 as otherwise provided in section 260B.163, subdivision 4, a 44.23 child alleged to be a juvenile petty offender may be represented 44.24 by counsel, but does not have a right to appointment of a public 44.25 defender or other counsel at public expense. [260.132, subd. 44.26 3a] 44.27 Sec. 15. [260B.151] [SUMMONS; NOTICE.] 44.28 Subdivision 1. [ISSUANCE OF SUMMONS.] After a petition has 44.29 been filed and unless the parties hereinafter named voluntarily 44.30 appear, the court shall set a time for a hearing and shall issue 44.31 a summons requiring the person who has custody or control of the 44.32 child to appear with the child before the court at a time and 44.33 place stated. The summons shall have a copy of the petition 44.34 attached, and shall advise the parties of the right to counsel 44.35 and of the consequences of failure to obey the summons. The 44.36 court shall give docket priority to any delinquency petition 45.1 that contains allegations of child abuse over any other case 45.2 except those delinquency matters where a child is being held in 45.3 a secure detention facility. As used in this subdivision, 45.4 "child abuse" has the meaning given it in section 630.36, 45.5 subdivision 2. [260.135, subd. 1 [omitting child 45.6 protection-related text)] 45.7 Subd. 2. [NOTICE OF PENDENCY OF CASE.] The court shall 45.8 have notice of the pendency of the case and of the time and 45.9 place of the hearing served upon a parent, guardian, or spouse 45.10 of the child, who has not been summoned as provided in 45.11 subdivision 1. For an Indian child, notice of all proceedings 45.12 must comply with the Indian Child Welfare Act of 1978, United 45.13 States Code, title 25, section 1901, et seq., and section 45.14 260.765. [260.135, subd. 2] 45.15 Subd. 3. [SUBPOENA ISSUANCE.] The court may issue a 45.16 subpoena requiring the appearance of any other person whose 45.17 presence, in the opinion of the court, is necessary. [260.135, 45.18 subd. 4] 45.19 Sec. 16. [260B.152] [SERVICE OF SUMMONS, NOTICE.] 45.20 Subdivision 1. [NOTICE IN LIEU OF SUMMONS; PERSONAL 45.21 SERVICE.] The service of a summons or a notice in lieu of 45.22 summons shall be as provided in the rules of juvenile 45.23 procedure. [260.141, subd. 1a] 45.24 Subd. 2. [SERVICE; FEES.] Service of summons, notice, or 45.25 subpoena required by sections 260B.151 to 260B.255 shall be made 45.26 by any suitable person under the direction of the court, and 45.27 upon request of the court shall be made by a probation officer 45.28 or any peace officer. The fees and mileage of witnesses shall 45.29 be paid by the county if the subpoena is issued by the court on 45.30 its own motion or at the request of the county attorney. All 45.31 other fees shall be paid by the party requesting the subpoena 45.32 unless otherwise ordered by the court. [260.141, subd. 2] 45.33 Subd. 3. [PROOF OF SERVICE.] Proof of the service required 45.34 by this section shall be made by the person having knowledge 45.35 thereof. [260.141, subd. 3] 45.36 Sec. 17. [260B.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 46.1 CONTEMPT, ARREST.] 46.2 If any person personally served with summons or subpoena 46.3 fails, without reasonable cause, to appear or bring the child, 46.4 or if the court has reason to believe the person is avoiding 46.5 personal service, or if any custodial parent or guardian fails, 46.6 without reasonable cause, to accompany the child to a hearing as 46.7 required under section 260B.163, subdivision 8, the person may 46.8 be proceeded against for contempt of court or the court may 46.9 issue a warrant for the person's arrest, or both. In any case 46.10 when it appears to the court that the service will be 46.11 ineffectual, or that the welfare of the child requires that the 46.12 child be brought forthwith into the custody of the court, the 46.13 court may issue a warrant for immediate custody of the child. 46.14 [260.145] 46.15 Sec. 18. [260B.157] [INVESTIGATION; PHYSICAL AND MENTAL 46.16 EXAMINATION.] 46.17 Subdivision 1. [INVESTIGATION.] Upon request of the court 46.18 the local social services agency or probation officer shall 46.19 investigate the personal and family history and environment of 46.20 any minor coming within the jurisdiction of the court under 46.21 section 260B.101 and shall report its findings to the court. 46.22 The court may order any minor coming within its jurisdiction to 46.23 be examined by a duly qualified physician, psychiatrist, or 46.24 psychologist appointed by the court. 46.25 The court shall have a chemical use assessment conducted 46.26 when a child is (1) found to be delinquent for violating a 46.27 provision of chapter 152, or for committing a felony-level 46.28 violation of a provision of chapter 609 if the probation officer 46.29 determines that alcohol or drug use was a contributing factor in 46.30 the commission of the offense, or (2) alleged to be delinquent 46.31 for violating a provision of chapter 152, if the child is being 46.32 held in custody under a detention order. The assessor's 46.33 qualifications and the assessment criteria shall comply with 46.34 Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under 46.35 chapter 254B are to be used to pay for the recommended 46.36 treatment, the assessment and placement must comply with all 47.1 provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 47.2 9530.7000 to 9530.7030. The commissioner of human services 47.3 shall reimburse the court for the cost of the chemical use 47.4 assessment, up to a maximum of $100. 47.5 With the consent of the commissioner of corrections and 47.6 agreement of the county to pay the costs thereof, the court may, 47.7 by order, place a minor coming within its jurisdiction in an 47.8 institution maintained by the commissioner for the detention, 47.9 diagnosis, custody and treatment of persons adjudicated to be 47.10 delinquent, in order that the condition of the minor be given 47.11 due consideration in the disposition of the case. Any funds 47.12 received under the provisions of this subdivision shall not 47.13 cancel until the end of the fiscal year immediately following 47.14 the fiscal year in which the funds were received. The funds are 47.15 available for use by the commissioner of corrections during that 47.16 period and are hereby appropriated annually to the commissioner 47.17 of corrections as reimbursement of the costs of providing these 47.18 services to the juvenile courts. [260.151, subd. 1 (omitting 47.19 child protection-related text)] 47.20 Subd. 2. [PETITION REQUIREMENT.] The court may proceed as 47.21 described in subdivision 1 only after a petition has been filed 47.22 and, in delinquency cases, after the child has appeared before 47.23 the court or a court appointed referee and has been informed of 47.24 the allegations contained in the petition. However, when the 47.25 child denies being delinquent before the court or court 47.26 appointed referee, the investigation or examination shall not be 47.27 conducted before a hearing has been held as provided in section 47.28 260B.163. [260.151, subd. 2] 47.29 Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The 47.30 local social services agency, at its option, may establish a 47.31 juvenile treatment screening team to conduct screenings and 47.32 prepare case plans under this subdivision. The team, which may 47.33 be the team constituted under section 245.4885 or 256B.092 or 47.34 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 47.35 social workers, juvenile justice professionals, and persons with 47.36 expertise in the treatment of juveniles who are emotionally 48.1 disabled, chemically dependent, or have a developmental 48.2 disability. The team shall involve parents or guardians in the 48.3 screening process as appropriate. 48.4 (b) This paragraph applies only in counties that have 48.5 established a juvenile treatment screening team under paragraph 48.6 (a). If the court, prior to, or as part of, a final 48.7 disposition, proposes to place a child for the primary purpose 48.8 of treatment for an emotional disturbance, a developmental 48.9 disability, or chemical dependency in a residential treatment 48.10 facility out of state or in one which is within the state and 48.11 licensed by the commissioner of human services under chapter 48.12 245A, the court shall notify the county welfare agency. The 48.13 county's juvenile treatment screening team must either: 48.14 (1) screen and evaluate the child and file its 48.15 recommendations with the court within 14 days of receipt of the 48.16 notice; or 48.17 (2) elect not to screen a given case, and notify the court 48.18 of that decision within three working days. 48.19 (c) If the screening team has elected to screen and 48.20 evaluate the child, the child may not be placed for the primary 48.21 purpose of treatment for an emotional disturbance, a 48.22 developmental disability, or chemical dependency, in a 48.23 residential treatment facility out of state nor in a residential 48.24 treatment facility within the state that is licensed under 48.25 chapter 245A, unless one of the following conditions applies: 48.26 (1) a treatment professional certifies that an emergency 48.27 requires the placement of the child in a facility within the 48.28 state; 48.29 (2) the screening team has evaluated the child and 48.30 recommended that a residential placement is necessary to meet 48.31 the child's treatment needs and the safety needs of the 48.32 community, that it is a cost-effective means of meeting the 48.33 treatment needs, and that it will be of therapeutic value to the 48.34 child; or 48.35 (3) the court, having reviewed a screening team 48.36 recommendation against placement, determines to the contrary 49.1 that a residential placement is necessary. The court shall 49.2 state the reasons for its determination in writing, on the 49.3 record, and shall respond specifically to the findings and 49.4 recommendation of the screening team in explaining why the 49.5 recommendation was rejected. The attorney representing the 49.6 child and the prosecuting attorney shall be afforded an 49.7 opportunity to be heard on the matter. [260.151, subd. 3] 49.8 Sec. 19. [260B.161] [MENTAL HEALTH SCREENING OF CHILDREN.] 49.9 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 49.10 services, in cooperation with the commissioner of corrections, 49.11 shall establish pilot projects in counties to reduce the 49.12 recidivism rates of juvenile offenders, by identifying and 49.13 treating underlying mental health problems that contribute to 49.14 delinquent behavior and can be addressed through nonresidential 49.15 services. At least one of the pilot projects must be in the 49.16 seven-county metropolitan area and at least one must be in 49.17 greater Minnesota. [260.152, subd. 1] 49.18 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of 49.19 human services shall, in consultation with the Indian affairs 49.20 council, the council on affairs of Chicano/Latino people, the 49.21 council on Black Minnesotans, and the council on Asian-Pacific 49.22 Minnesotans, provide grants to the counties for the pilot 49.23 projects. The projects shall build upon the existing service 49.24 capabilities in the community and must include availability of 49.25 screening for mental health problems of children who are alleged 49.26 or found to be delinquent. 49.27 (b) The projects must include referral for mental health 49.28 assessment of all children for whom the screening indicates a 49.29 need. This assessment is to be provided by the appropriate 49.30 mental health professional. If the child is of a minority race 49.31 or minority ethnic heritage, the mental health professional must 49.32 be skilled in and knowledgeable about the child's racial and 49.33 ethnic heritage, or must consult with a special mental health 49.34 consultant who has such knowledge so that the assessment is 49.35 relevant, culturally specific, and sensitive to the child's 49.36 cultural needs. 50.1 (c) Upon completion of the assessment, the project must 50.2 provide or ensure access to nonresidential mental health 50.3 services identified as needed in the assessment. [260.152, 50.4 subd. 2 (omitting child protection-related text)] 50.5 Subd. 3. [SCREENING TOOL.] The commissioner of human 50.6 services and the commissioner of corrections, in consultation 50.7 with the Indian affairs council, the council on affairs of 50.8 Chicano/Latino people, the council on Black Minnesotans, and the 50.9 council on Asian-Pacific Minnesotans, shall jointly develop a 50.10 model screening tool to screen children to determine if a mental 50.11 health assessment is needed. This tool must contain specific 50.12 questions to identify potential mental health problems. In 50.13 implementing a pilot project, a county must either use this 50.14 model tool or another screening tool approved by the 50.15 commissioner of human services which meets the requirements of 50.16 this section. [260.152, subd. 3] 50.17 Subd. 4. [PROGRAM REQUIREMENTS.] To receive funds, the 50.18 county program proposal shall be a joint proposal with all 50.19 affected local agencies, resulting in part from consultation 50.20 with the local coordinating council established under section 50.21 245.4873, subdivision 3, and the local mental health advisory 50.22 council established under section 245.4875, subdivision 5, and 50.23 shall contain the following: 50.24 (1) evidence of interagency collaboration by all publicly 50.25 funded agencies serving children with emotional disturbances, 50.26 including evidence of consultation with the agencies listed in 50.27 this section; 50.28 (2) a signed agreement by the local court services and 50.29 local mental health and county social service agencies to work 50.30 together on the following: development of a program; 50.31 development of written interagency agreements and protocols to 50.32 ensure that the mental health needs of juvenile offenders are 50.33 identified, addressed, and treated; and development of a 50.34 procedure for joint evaluation of the program; 50.35 (3) a description of existing services that will be used in 50.36 this program; 51.1 (4) a description of additional services that will be 51.2 developed with program funds, including estimated costs and 51.3 numbers of children to be served; and 51.4 (5) assurances that funds received by a county under this 51.5 section will not be used to supplant existing mental health 51.6 funding for which the child is eligible. 51.7 The commissioner of human services and the commissioner of 51.8 corrections shall jointly determine the application form, 51.9 information needed, deadline for application, criteria for 51.10 awards, and a process for providing technical assistance and 51.11 training to counties. The technical assistance shall include 51.12 information about programs that have been successful in reducing 51.13 recidivism by juvenile offenders. [260.152, subd. 4 (omitting 51.14 child protection-related text)] 51.15 Subd. 5. [INTERAGENCY AGREEMENTS.] To receive funds, the 51.16 county must agree to develop written interagency agreements 51.17 between local court services agencies and local county mental 51.18 health agencies within six months of receiving the initial 51.19 program funds. These agreements shall include a description of 51.20 each local agency's responsibilities, with a detailed assignment 51.21 of the tasks necessary to implement the program. The agreement 51.22 shall state how they will comply with the confidentiality 51.23 requirements of the participating local agencies. [260.152, 51.24 subd. 5] 51.25 Subd. 6. [EVALUATION.] The commissioner of human services 51.26 and the commissioner of corrections shall, in consultation with 51.27 the Indian affairs council, the council on affairs of 51.28 Chicano/Latino people, the council on Black Minnesotans, and the 51.29 council on Asian-Pacific Minnesotans, develop systems and 51.30 procedures for evaluating the pilot projects. The departments 51.31 must develop an interagency management information system to 51.32 track children who receive mental health services. The system 51.33 must be designed to meet the information needs of the agencies 51.34 involved and to provide a basis for evaluating outcome data. 51.35 The system must be designed to track the mental health treatment 51.36 of children released from custody and to improve the planning, 52.1 delivery, and evaluation of services and increase interagency 52.2 collaboration. The evaluation protocol must be designed to 52.3 measure the impact of the program on juvenile recidivism, school 52.4 performance, and state and county budgets. [260.152, subd. 6] 52.5 Sec. 20. [260B.163] [HEARING.] 52.6 Subdivision 1. [GENERAL.] (a) Except for hearings arising 52.7 under section 260B.401, hearings on any matter shall be without 52.8 a jury and may be conducted in an informal manner, except that a 52.9 child who is prosecuted as an extended jurisdiction juvenile has 52.10 the right to a jury trial on the issue of guilt. The rules of 52.11 evidence promulgated pursuant to section 480.0591 and the law of 52.12 evidence shall apply in adjudicatory proceedings involving a 52.13 child alleged to be delinquent, an extended jurisdiction 52.14 juvenile, or a juvenile petty offender, and hearings conducted 52.15 pursuant to section 260B.125 except to the extent that the rules 52.16 themselves provide that they do not apply. 52.17 (b) When a continuance or adjournment is ordered in any 52.18 proceeding, the court may make any interim orders as it deems in 52.19 the best interests of the minor in accordance with the 52.20 provisions of sections 260B.001 to 260B.446. 52.21 (c) Except as otherwise provided in this paragraph, the 52.22 court shall exclude the general public from hearings under this 52.23 chapter and shall admit only those persons who, in the 52.24 discretion of the court, have a direct interest in the case or 52.25 in the work of the court. The court shall open the hearings to 52.26 the public in delinquency or extended jurisdiction juvenile 52.27 proceedings where the child is alleged to have committed an 52.28 offense or has been proven to have committed an offense that 52.29 would be a felony if committed by an adult and the child was at 52.30 least 16 years of age at the time of the offense, except that 52.31 the court may exclude the public from portions of a 52.32 certification hearing to discuss psychological material or other 52.33 evidence that would not be accessible to the public in an adult 52.34 proceeding. 52.35 (d) In all delinquency cases a person named in the charging 52.36 clause of the petition as a person directly damaged in person or 53.1 property shall be entitled, upon request, to be notified by the 53.2 court administrator in writing, at the named person's last known 53.3 address, of (1) the date of the certification or adjudicatory 53.4 hearings, and (2) the disposition of the case. [260.155, subd. 53.5 1 (omitting child protection-related text)] 53.6 Subd. 2. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 53.7 who is the subject of a petition, and the parents, guardian, or 53.8 legal custodian of the child have the right to participate in 53.9 all proceedings on a petition. Official tribal representatives 53.10 have the right to participate in any proceeding that is subject 53.11 to the Indian Child Welfare Act of 1978, United States Code, 53.12 title 25, sections 1901 to 1963. 53.13 Any grandparent of the child has a right to participate in 53.14 the proceedings to the same extent as a parent, if the child has 53.15 lived with the grandparent within the two years preceding the 53.16 filing of the petition. At the first hearing following the 53.17 filing of a petition, the court shall ask whether the child has 53.18 lived with a grandparent within the last two years, except that 53.19 the court need not make this inquiry if the petition states that 53.20 the child did not live with a grandparent during this time 53.21 period. Failure to notify a grandparent of the proceedings is 53.22 not a jurisdictional defect. [260.155, subd. 1a (omitting child 53.23 protection-related text)] 53.24 Subd. 3. [RIGHT OF ALLEGED VICTIM TO PRESENCE OF 53.25 SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision 53.26 1 to the contrary, in any delinquency proceedings in which the 53.27 alleged victim of the delinquent act is testifying in court, the 53.28 victim may choose to have a supportive person who is not 53.29 scheduled to be a witness in the proceedings, present during the 53.30 testimony of the victim. [260.155, subd. 1b] 53.31 Subd. 4. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 53.32 guardian or custodian has the right to effective assistance of 53.33 counsel in connection with a proceeding in juvenile court. This 53.34 right does not apply to a child who is charged with a juvenile 53.35 petty offense as defined in section 260B.007, subdivision 15, 53.36 unless the child is charged with a third or subsequent juvenile 54.1 alcohol or controlled substance offense and may be subject to 54.2 the alternative disposition described in section 260B.235, 54.3 subdivision 6. 54.4 (b) The court shall appoint counsel, or stand-by counsel if 54.5 the child waives the right to counsel, for a child who is: 54.6 (1) charged by delinquency petition with a gross 54.7 misdemeanor or felony offense; or 54.8 (2) the subject of a delinquency proceeding in which 54.9 out-of-home placement has been proposed. 54.10 (c) If they desire counsel but are unable to employ it, the 54.11 court shall appoint counsel to represent the child or the 54.12 parents or guardian in any case in which it feels that such an 54.13 appointment is appropriate, except a juvenile petty offender who 54.14 does not have the right to counsel under paragraph (a). 54.15 (d) Counsel for the child shall not also act as the child's 54.16 guardian ad litem. [260.155, subd. 2 (omitting child 54.17 protection-related text)] 54.18 Subd. 5. [COUNTY ATTORNEY.] The county attorney shall 54.19 present the evidence upon request of the court. [260.155, subd. 54.20 3 (omitting child protection-related text)] 54.21 Subd. 6. [GUARDIAN AD LITEM.] (a) The court shall appoint 54.22 a guardian ad litem to protect the interests of the minor when 54.23 it appears, at any stage of the proceedings, that the minor is 54.24 without a parent or guardian, or that the minor's parent is a 54.25 minor or incompetent, or that the parent or guardian is 54.26 indifferent or hostile to the minor's interests. In any other 54.27 case the court may appoint a guardian ad litem to protect the 54.28 interests of the minor when the court feels that such an 54.29 appointment is desirable. The court shall appoint the guardian 54.30 ad litem on its own motion or in the manner provided for the 54.31 appointment of a guardian ad litem in the district court. The 54.32 court may appoint separate counsel for the guardian ad litem if 54.33 necessary. 54.34 (b) A guardian ad litem shall carry out the following 54.35 responsibilities: 54.36 (1) conduct an independent investigation to determine the 55.1 facts relevant to the situation of the child and the family, 55.2 which must include, unless specifically excluded by the court, 55.3 reviewing relevant documents; meeting with and observing the 55.4 child in the home setting and considering the child's wishes, as 55.5 appropriate; and interviewing parents, caregivers, and others 55.6 with knowledge relevant to the case; 55.7 (2) advocate for the child's best interests by 55.8 participating in appropriate aspects of the case and advocating 55.9 for appropriate community services when necessary; 55.10 (3) maintain the confidentiality of information related to 55.11 a case, with the exception of sharing information as permitted 55.12 by law to promote cooperative solutions that are in the best 55.13 interests of the child; 55.14 (4) monitor the child's best interests throughout the 55.15 judicial proceeding; and 55.16 (5) present written reports on the child's best interests 55.17 that include conclusions and recommendations and the facts upon 55.18 which they are based. 55.19 (c) The court may waive the appointment of a guardian ad 55.20 litem pursuant to clause (a), whenever counsel has been 55.21 appointed pursuant to subdivision 2 or is retained otherwise, 55.22 and the court is satisfied that the interests of the minor are 55.23 protected. 55.24 (d) In appointing a guardian ad litem pursuant to clause 55.25 (a), the court shall not appoint the party, or any agent or 55.26 employee thereof, filing a petition pursuant to section 260.131. 55.27 (e) The following factors shall be considered when 55.28 appointing a guardian ad litem in a case involving an Indian or 55.29 minority child: 55.30 (1) whether a person is available who is the same racial or 55.31 ethnic heritage as the child or, if that is not possible; 55.32 (2) whether a person is available who knows and appreciates 55.33 the child's racial or ethnic heritage. [260.155, subd. 4 55.34 (omitting child protection-related text)] 55.35 Subd. 7. [PARENT OR GUARDIAN MUST ACCOMPANY CHILD AT 55.36 HEARING.] The custodial parent or guardian of a child who is 56.1 alleged or found to be delinquent, or is prosecuted as an 56.2 extended jurisdiction juvenile, must accompany the child at each 56.3 hearing held during the delinquency or extended jurisdiction 56.4 juvenile proceedings, unless the court excuses the parent or 56.5 guardian from attendance for good cause shown. The failure of a 56.6 parent or guardian to comply with this duty may be punished as 56.7 provided in section 260B.154. [260.155, subd. 4b.] 56.8 Subd. 8. [WAIVING THE PRESENCE OF CHILD, PARENT.] Except 56.9 in delinquency proceedings, the court may waive the presence of 56.10 the minor in court at any stage of the proceedings when it is in 56.11 the best interests of the minor to do so. In a delinquency 56.12 proceeding, after the child is found to be delinquent, the court 56.13 may excuse the presence of the child from the hearing when it is 56.14 in the best interests of the child to do so. In any proceeding 56.15 the court may temporarily excuse the presence of the parent or 56.16 guardian of a minor from the hearing when it is in the best 56.17 interests of the minor to do so. The attorney or guardian ad 56.18 litem, if any, has the right to continue to participate in 56.19 proceedings during the absence of the minor, parent, or 56.20 guardian. [260.155, subd. 5] 56.21 Subd. 9. [RIGHTS OF THE PARTIES AT THE HEARING.] The minor 56.22 and the minor's parent, guardian, or custodian are entitled to 56.23 be heard, to present evidence material to the case, and to cross 56.24 examine witnesses appearing at the hearing. [260.155, subd. 6] 56.25 Subd. 10. [WAIVER.] (a) Waiver of any right which a child 56.26 has under this chapter must be an express waiver voluntarily and 56.27 intelligently made by the child after the child has been fully 56.28 and effectively informed of the right being waived. If a child 56.29 is not represented by counsel, any waiver must be given or any 56.30 objection must be offered by the child's guardian ad litem. 56.31 (b) Waiver of a child's right to be represented by counsel 56.32 provided under the juvenile court rules must be an express 56.33 waiver voluntarily and intelligently made by the child after the 56.34 child has been fully and effectively informed of the right being 56.35 waived. In determining whether a child has voluntarily and 56.36 intelligently waived the right to counsel, the court shall look 57.1 to the totality of the circumstances which includes but is not 57.2 limited to the child's age, maturity, intelligence, education, 57.3 experience, and ability to comprehend, and the presence and 57.4 competence of the child's parents, guardian, or guardian ad 57.5 litem. If the court accepts the child's waiver, it shall state 57.6 on the record the findings and conclusions that form the basis 57.7 for its decision to accept the waiver. [260.155, subd. 8] 57.8 Sec. 21. [260B.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 57.9 ACT.] 57.10 The provisions of this chapter must be construed 57.11 consistently with the Indian Child Welfare Act of 1978, United 57.12 States Code, title 25, sections 1901 to 1963. [260.157] 57.13 Sec. 22. [260B.171] [RECORDS.] 57.14 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 57.15 juvenile court judge shall keep such minutes and in such manner 57.16 as the court deems necessary and proper. Except as provided in 57.17 paragraph (b), the court shall keep and maintain records 57.18 pertaining to delinquent adjudications until the person reaches 57.19 the age of 28 years and shall release the records on an 57.20 individual to another juvenile court that has jurisdiction of 57.21 the juvenile, to a requesting adult court for purposes of 57.22 sentencing, or to an adult court or juvenile court as required 57.23 by the right of confrontation of either the United States 57.24 Constitution or the Minnesota Constitution. The juvenile court 57.25 shall provide, upon the request of any other juvenile court, 57.26 copies of the records concerning adjudications involving the 57.27 particular child. The court also may provide copies of records 57.28 concerning delinquency adjudications, on request, to law 57.29 enforcement agencies, probation officers, and corrections agents 57.30 if the court finds that providing these records serves public 57.31 safety or is in the best interests of the child. Until July 1, 57.32 1999, juvenile court delinquency proceeding records of 57.33 adjudications, court transcripts, and delinquency petitions, 57.34 including any probable cause attachments that have been filed or 57.35 police officer reports relating to a petition, must be released 57.36 to requesting law enforcement agencies and prosecuting 58.1 authorities for purposes of investigating and prosecuting 58.2 violations of section 609.229, provided that psychological or 58.3 mental health reports may not be included with those records. 58.4 The records have the same data classification in the hands of 58.5 the agency receiving them as they had in the hands of the court. 58.6 The court shall also keep an index in which files 58.7 pertaining to juvenile matters shall be indexed under the name 58.8 of the child. After the name of each file shall be shown the 58.9 file number and, if ordered by the court, the book and page of 58.10 the register in which the documents pertaining to such file are 58.11 listed. The court shall also keep a register properly indexed 58.12 in which shall be listed under the name of the child all 58.13 documents filed pertaining to the child and in the order filed. 58.14 The list shall show the name of the document and the date of 58.15 filing thereof. The juvenile court legal records shall be 58.16 deposited in files and shall include the petition, summons, 58.17 notice, findings, orders, decrees, judgments, and motions and 58.18 such other matters as the court deems necessary and proper. 58.19 Unless otherwise provided by law, all court records shall be 58.20 open at all reasonable times to the inspection of any child to 58.21 whom the records relate, and to the child's parent and guardian. 58.22 (b) The court shall retain records of the court finding 58.23 that a juvenile committed an act that would be a felony or gross 58.24 misdemeanor level offense until the offender reaches the age of 58.25 28. If the offender commits a felony as an adult, or the court 58.26 convicts a child as an extended jurisdiction juvenile, the court 58.27 shall retain the juvenile records for as long as the records 58.28 would have been retained if the offender had been an adult at 58.29 the time of the juvenile offense. This paragraph does not apply 58.30 unless the juvenile was provided counsel as required by section 58.31 260B.163, subdivision 4. [260.161, subd. 1] 58.32 Subd. 2. [RECORD OF FINDINGS.] (a) The juvenile court 58.33 shall forward to the bureau of criminal apprehension the 58.34 following data in juvenile petitions involving felony- or gross 58.35 misdemeanor-level offenses: 58.36 (1) the name and birthdate of the juvenile, including any 59.1 of the juvenile's known aliases or street names; 59.2 (2) the act for which the juvenile was petitioned and date 59.3 of the offense; and 59.4 (3) the date and county where the petition was filed. 59.5 (b) Upon completion of the court proceedings, the court 59.6 shall forward the court's finding and case disposition to the 59.7 bureau. The court shall specify whether: 59.8 (1) the juvenile was referred to a diversion program; 59.9 (2) the petition was dismissed, continued for dismissal, or 59.10 continued without adjudication; or 59.11 (3) the juvenile was adjudicated delinquent. 59.12 (c) The juvenile court shall forward to the bureau, the 59.13 sentencing guidelines commission, and the department of 59.14 corrections the following data on individuals convicted as 59.15 extended jurisdiction juveniles: 59.16 (1) the name and birthdate of the offender, including any 59.17 of the juvenile's known aliases or street names; 59.18 (2) the crime committed by the offender and the date of the 59.19 crime; 59.20 (3) the date and county of the conviction; and 59.21 (4) the case disposition. 59.22 The court shall notify the bureau, the sentencing 59.23 guidelines commission, and the department of corrections 59.24 whenever it executes an extended jurisdiction juvenile's adult 59.25 sentence under section 260B.130, subdivision 5. 59.26 (d) The bureau, sentencing guidelines commission, and the 59.27 department of corrections shall retain the extended jurisdiction 59.28 juvenile data for as long as the data would have been retained 59.29 if the offender had been an adult at the time of the offense. 59.30 Data retained on individuals under this subdivision are private 59.31 data under section 13.02, except that extended jurisdiction 59.32 juvenile data becomes public data under section 13.87, 59.33 subdivision 2, when the juvenile court notifies the bureau that 59.34 the individual's adult sentence has been executed under section 59.35 260B.130, subdivision 5. [260.161, subd. 1a] 59.36 Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 60.1 juvenile is enrolled in school, the juvenile's probation officer 60.2 shall transmit a copy of the court's disposition order to the 60.3 principal or chief administrative officer of the juvenile's 60.4 school if the juvenile has been adjudicated delinquent for 60.5 committing an act on the school's property or an act: 60.6 (1) that would be a violation of section 609.185 60.7 (first-degree murder); 609.19 (second-degree murder); 609.195 60.8 (third-degree murder); 609.20 (first-degree manslaughter); 60.9 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 60.10 homicide and injury); 609.221 (first-degree assault); 609.222 60.11 (second-degree assault); 609.223 (third-degree assault); 60.12 609.2231 (fourth-degree assault); 609.224 (fifth-degree 60.13 assault); 609.2242 (domestic assault); 609.24 (simple robbery); 60.14 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 60.15 (false imprisonment); 609.342 (first-degree criminal sexual 60.16 conduct); 609.343 (second-degree criminal sexual conduct); 60.17 609.344 (third-degree criminal sexual conduct); 609.345 60.18 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 60.19 criminal sexual conduct); 609.498 (tampering with a witness); 60.20 609.561 (first-degree arson); 609.582, subdivision 1 or 2 60.21 (burglary); 609.713 (terroristic threats); or 609.749 60.22 (harassment and stalking), if committed by an adult; 60.23 (2) that would be a violation of section 152.021 60.24 (first-degree controlled substance crime); 152.022 60.25 (second-degree controlled substance crime); 152.023 60.26 (third-degree controlled substance crime); 152.024 60.27 (fourth-degree controlled substance crime); 152.025 60.28 (fifth-degree controlled substance crime); 152.0261 (importing a 60.29 controlled substance); or 152.027 (other controlled substance 60.30 offenses), if committed by an adult; or 60.31 (3) that involved the possession or use of a dangerous 60.32 weapon as defined in section 609.02, subdivision 6. 60.33 When a disposition order is transmitted under this 60.34 paragraph, the probation officer shall notify the juvenile's 60.35 parent or legal guardian that the disposition order has been 60.36 shared with the juvenile's school. 61.1 (b) The disposition order must be accompanied by a notice 61.2 to the school that the school may obtain additional information 61.3 from the juvenile's probation officer with the consent of the 61.4 juvenile or the juvenile's parents, as applicable. The 61.5 disposition order must be maintained in the student's permanent 61.6 education record but may not be released outside of the school 61.7 district or educational entity, other than to another school 61.8 district or educational entity to which the juvenile is 61.9 transferring. Notwithstanding section 138.17, the disposition 61.10 order must be destroyed when the juvenile graduates from the 61.11 school or at the end of the academic year when the juvenile 61.12 reaches age 23, whichever date is earlier. 61.13 (c) The juvenile's probation officer shall maintain a 61.14 record of disposition orders released under this subdivision and 61.15 the basis for the release. 61.16 (d) The criminal and juvenile justice information policy 61.17 group, in consultation with representatives of probation 61.18 officers and educators, shall prepare standard forms for use by 61.19 juvenile probation officers in forwarding information to schools 61.20 under this subdivision and in maintaining a record of the 61.21 information that is released. 61.22 (e) As used in this subdivision, "school" means a public or 61.23 private elementary, middle, or secondary school. [260.161, 61.24 subd. 1b] 61.25 Subd. 4. [PUBLIC INSPECTION OF RECORDS.] Except as 61.26 otherwise provided in this section, and except for legal records 61.27 arising from proceedings or portions of proceedings that are 61.28 public under section 260B.163, subdivision 1, none of the 61.29 records of the juvenile court and none of the records relating 61.30 to an appeal from a nonpublic juvenile court proceeding, except 61.31 the written appellate opinion, shall be open to public 61.32 inspection or their contents disclosed except (a) by order of a 61.33 court, (b) as required by sections 245A.04, 611A.03, 611A.04, 61.34 611A.06, and 629.73, or (c) the name of a juvenile who is the 61.35 subject of a delinquency petition shall be released to the 61.36 victim of the alleged delinquent act upon the victim's request; 62.1 unless it reasonably appears that the request is prompted by a 62.2 desire on the part of the requester to engage in unlawful 62.3 activities. The records of juvenile probation officers and 62.4 county home schools are records of the court for the purposes of 62.5 this subdivision. Court services data relating to delinquent 62.6 acts that are contained in records of the juvenile court may be 62.7 released as allowed under section 13.84, subdivision 5a. This 62.8 subdivision applies to all proceedings under this chapter, 62.9 including appeals from orders of the juvenile court, except that 62.10 this subdivision does not apply to proceedings under section 62.11 260B.335, 260B.401, or 260B.425 when the proceeding involves an 62.12 adult defendant. In juvenile court proceedings any report or 62.13 social history furnished to the court shall be open to 62.14 inspection by the attorneys of record and the guardian ad litem 62.15 a reasonable time before it is used in connection with any 62.16 proceeding before the court. 62.17 When a judge of a juvenile court, or duly authorized agent 62.18 of the court, determines under a proceeding under this chapter 62.19 that a child has violated a state or local law, ordinance, or 62.20 regulation pertaining to the operation of a motor vehicle on 62.21 streets and highways, except parking violations, the judge or 62.22 agent shall immediately report the violation to the commissioner 62.23 of public safety. The report must be made on a form provided by 62.24 the department of public safety and must contain the information 62.25 required under section 169.95. [260.161, subd. 2 (omitting 62.26 child protection-related text)] 62.27 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 62.28 for records relating to an offense where proceedings are public 62.29 under section 260B.163, subdivision 1, peace officers' records 62.30 of children who are or may be delinquent or who may be engaged 62.31 in criminal acts shall be kept separate from records of persons 62.32 18 years of age or older and are private data but shall be 62.33 disseminated: (1) by order of the juvenile court, (2) as 62.34 required by section 126.036, (3) as authorized under section 62.35 13.82, subdivision 2, (4) to the child or the child's parent or 62.36 guardian unless disclosure of a record would interfere with an 63.1 ongoing investigation, (5) to the Minnesota crime victims 63.2 reparations board as required by section 611A.56, subdivision 2, 63.3 clause (f), for the purpose of processing claims for crime 63.4 victims reparations, or (6) as otherwise provided in this 63.5 subdivision. Except as provided in paragraph (c), no 63.6 photographs of a child taken into custody may be taken without 63.7 the consent of the juvenile court unless the child is alleged to 63.8 have violated section 169.121 or 169.129. Peace officers' 63.9 records containing data about children who are victims of crimes 63.10 or witnesses to crimes must be administered consistent with 63.11 section 13.82, subdivisions 2, 3, 4, and 10. Any person 63.12 violating any of the provisions of this subdivision shall be 63.13 guilty of a misdemeanor. 63.14 In the case of computerized records maintained about 63.15 juveniles by peace officers, the requirement of this subdivision 63.16 that records about juveniles must be kept separate from adult 63.17 records does not mean that a law enforcement agency must keep 63.18 its records concerning juveniles on a separate computer system. 63.19 Law enforcement agencies may keep juvenile records on the same 63.20 computer as adult records and may use a common index to access 63.21 both juvenile and adult records so long as the agency has in 63.22 place procedures that keep juvenile records in a separate place 63.23 in computer storage and that comply with the special data 63.24 retention and other requirements associated with protecting data 63.25 on juveniles. 63.26 (b) Nothing in this subdivision prohibits the exchange of 63.27 information by law enforcement agencies if the exchanged 63.28 information is pertinent and necessary for law enforcement 63.29 purposes. 63.30 (c) A photograph may be taken of a child taken into custody 63.31 pursuant to section 260B.175, subdivision 1, clause (b), 63.32 provided that the photograph must be destroyed when the child 63.33 reaches the age of 19 years. The commissioner of corrections 63.34 may photograph juveniles whose legal custody is transferred to 63.35 the commissioner. Photographs of juveniles authorized by this 63.36 paragraph may be used only for institution management purposes, 64.1 case supervision by parole agents, and to assist law enforcement 64.2 agencies to apprehend juvenile offenders. The commissioner 64.3 shall maintain photographs of juveniles in the same manner as 64.4 juvenile court records and names under this section. 64.5 (d) Traffic investigation reports are open to inspection by 64.6 a person who has sustained physical harm or economic loss as a 64.7 result of the traffic accident. Identifying information on 64.8 juveniles who are parties to traffic accidents may be disclosed 64.9 as authorized under section 13.82, subdivision 4, and accident 64.10 reports required under section 169.09 may be released under 64.11 section 169.09, subdivision 13, unless the information would 64.12 identify a juvenile who was taken into custody or who is 64.13 suspected of committing an offense that would be a crime if 64.14 committed by an adult, or would associate a juvenile with the 64.15 offense, and the offense is not an adult court traffic offense 64.16 under section 260B.225. 64.17 (e) A law enforcement agency shall notify the principal or 64.18 chief administrative officer of a juvenile's school of an 64.19 incident occurring within the agency's jurisdiction if: 64.20 (1) the agency has probable cause to believe that the 64.21 juvenile has committed an offense that would be a crime if 64.22 committed as an adult, that the victim of the offense is a 64.23 student or staff member of the school, and that notice to the 64.24 school is reasonably necessary for the protection of the victim; 64.25 or 64.26 (2) the agency has probable cause to believe that the 64.27 juvenile has committed an offense described in subdivision 1b, 64.28 paragraph (a), clauses (1) to (3), that would be a crime if 64.29 committed by an adult, regardless of whether the victim is a 64.30 student or staff member of the school. 64.31 A law enforcement agency is not required to notify the 64.32 school under this paragraph if the agency determines that notice 64.33 would jeopardize an ongoing investigation. Notwithstanding 64.34 section 138.17, data from a notice received from a law 64.35 enforcement agency under this paragraph must be destroyed when 64.36 the juvenile graduates from the school or at the end of the 65.1 academic year when the juvenile reaches age 23, whichever date 65.2 is earlier. For purposes of this paragraph, "school" means a 65.3 public or private elementary, middle, or secondary school. 65.4 (f) In any county in which the county attorney operates or 65.5 authorizes the operation of a juvenile prepetition or pretrial 65.6 diversion program, a law enforcement agency or county attorney's 65.7 office may provide the juvenile diversion program with data 65.8 concerning a juvenile who is a participant in or is being 65.9 considered for participation in the program. 65.10 (g) Upon request of a local social service agency, peace 65.11 officer records of children who are or may be delinquent or who 65.12 may be engaged in criminal acts may be disseminated to the 65.13 agency to promote the best interests of the subject of the data. 65.14 (h) Upon written request, the prosecuting authority shall 65.15 release investigative data collected by a law enforcement agency 65.16 to the victim of a criminal act or alleged criminal act or to 65.17 the victim's legal representative, except as otherwise provided 65.18 by this paragraph. Data shall not be released if: 65.19 (1) the release to the individual subject of the data would 65.20 be prohibited under section 13.391; or 65.21 (2) the prosecuting authority reasonably believes: 65.22 (i) that the release of that data will interfere with the 65.23 investigation; or 65.24 (ii) that the request is prompted by a desire on the part 65.25 of the requester to engage in unlawful activities. [260.161, 65.26 subd. 3] 65.27 Subd. 6. [ATTORNEY ACCESS TO RECORDS.] An attorney 65.28 representing a child, parent, or guardian ad litem in a 65.29 proceeding under this chapter shall be given access to records, 65.30 local social service agency files, and reports which form the 65.31 basis of any recommendation made to the court. An attorney does 65.32 not have access under this subdivision to the identity of a 65.33 person who made a report under section 626.556. The court may 65.34 issue protective orders to prohibit an attorney from sharing a 65.35 specified record or portion of a record with a client other than 65.36 a guardian ad litem. [260.161, subd. 3a] 66.1 Subd. 7. [COURT RECORD RELEASED TO PROSECUTOR.] If a 66.2 prosecutor has probable cause to believe that a person has 66.3 committed a gross misdemeanor violation of section 169.121 or 66.4 has violated section 169.129, and that a prior juvenile court 66.5 adjudication forms, in part, the basis for the current 66.6 violation, the prosecutor may file an application with the court 66.7 having jurisdiction over the criminal matter attesting to this 66.8 probable cause determination and seeking the relevant juvenile 66.9 court records. The court shall transfer the application to the 66.10 juvenile court where the requested records are maintained, and 66.11 the juvenile court shall release to the prosecutor any records 66.12 relating to the person's prior juvenile traffic adjudication, 66.13 including a transcript, if any, of the court's advisory of the 66.14 right to counsel and the person's exercise or waiver of that 66.15 right. [260.161, subd. 4] 66.16 Subd. 8. [FURTHER RELEASE OF RECORDS.] A person who 66.17 receives access to juvenile court or peace officer records of 66.18 children that are not accessible to the public may not release 66.19 or disclose the records to any other person except as authorized 66.20 by law. This subdivision does not apply to the child who is the 66.21 subject of the records or the child's parent or guardian. 66.22 [260.161, subd. 5] 66.23 Sec. 23. [260B.175] [TAKING CHILD INTO CUSTODY.] 66.24 Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken 66.25 into immediate custody except: 66.26 (a) With an order issued by the court in accordance with 66.27 the provisions of section 260B.151, subdivision 5, or Laws 1997, 66.28 chapter 239, article 10, section 10, paragraph (a), clause (3), 66.29 or 12, paragraph (a), clause (3), or by a warrant issued in 66.30 accordance with the provisions of section 260B.154; or 66.31 (b) In accordance with the laws relating to arrests; or 66.32 (c) By a peace officer or probation or parole officer when 66.33 it is reasonably believed that the child has violated the terms 66.34 of probation, parole, or other field supervision. [260.165, 66.35 subd. 1 (omitting child protection-related text)] 66.36 Subd. 2. [NOT AN ARREST.] The taking of a child into 67.1 custody under the provisions of this section shall not be 67.2 considered an arrest. [260.165, subd. 2] 67.3 Subd. 3. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 67.4 officer takes a child into custody for shelter care or relative 67.5 placement pursuant to subdivision 1 or section 260B.154, the 67.6 officer shall notify the parent or custodian that under section 67.7 260B.181, subdivision 2, the parent or custodian may request 67.8 that the child be placed with a relative or a designated 67.9 caregiver under chapter 257A instead of in a shelter care 67.10 facility. The officer also shall give the parent or custodian 67.11 of the child a list of names, addresses, and telephone numbers 67.12 of social service agencies that offer child welfare services. 67.13 If the parent or custodian was not present when the child was 67.14 removed from the residence, the list shall be left with an adult 67.15 on the premises or left in a conspicuous place on the premises 67.16 if no adult is present. If the officer has reason to believe 67.17 the parent or custodian is not able to read and understand 67.18 English, the officer must provide a list that is written in the 67.19 language of the parent or custodian. The list shall be prepared 67.20 by the commissioner of human services. The commissioner shall 67.21 prepare lists for each county and provide each county with 67.22 copies of the list without charge. The list shall be reviewed 67.23 annually by the commissioner and updated if it is no longer 67.24 accurate. Neither the commissioner nor any peace officer or the 67.25 officer's employer shall be liable to any person for mistakes or 67.26 omissions in the list. The list does not constitute a promise 67.27 that any agency listed will in fact assist the parent or 67.28 custodian. [260.165, subd. 3 (omitting child protection-related 67.29 text)] 67.30 Sec. 24. [260B.176] [RELEASE OR DETENTION.] 67.31 Subdivision 1. [NOTIFICATION; RELEASE.] If a child is 67.32 taken into custody as provided in section 260B.175, the parent, 67.33 guardian, or custodian of the child shall be notified as soon as 67.34 possible. Unless there is reason to believe that the child 67.35 would endanger self or others, not return for a court hearing, 67.36 run away from the child's parent, guardian, or custodian or 68.1 otherwise not remain in the care or control of the person to 68.2 whose lawful custody the child is released, or that the child's 68.3 health or welfare would be immediately endangered, the child 68.4 shall be released to the custody of a parent, guardian, 68.5 custodian, or other suitable person. The person to whom the 68.6 child is released shall promise to bring the child to the court, 68.7 if necessary, at the time the court may direct. If the person 68.8 taking the child into custody believes it desirable, that person 68.9 may request the parent, guardian, custodian, or other person 68.10 designated by the court to sign a written promise to bring the 68.11 child to court as provided above. The intentional violation of 68.12 such a promise, whether given orally or in writing, shall be 68.13 punishable as contempt of court. 68.14 The court may require the parent, guardian, custodian, or 68.15 other person to whom the child is released, to post any 68.16 reasonable bail or bond required by the court which shall be 68.17 forfeited to the court if the child does not appear as 68.18 directed. The court may also release the child on the child's 68.19 own promise to appear in juvenile court. [260.171, subd. 1 68.20 (omitting child protection-related text)] 68.21 Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not 68.22 released as provided in subdivision 1, the person taking the 68.23 child into custody shall notify the court as soon as possible of 68.24 the detention of the child and the reasons for detention. 68.25 (b) No child may be detained in a juvenile secure detention 68.26 facility or shelter care facility longer than 36 hours, 68.27 excluding Saturdays, Sundays, and holidays, after being taken 68.28 into custody for a delinquent act as defined in section 68.29 260B.007, subdivision 6, unless a petition has been filed and 68.30 the judge or referee determines pursuant to section 260B.178 68.31 that the child shall remain in detention. 68.32 (c) No child may be detained in an adult jail or municipal 68.33 lockup longer than 24 hours, excluding Saturdays, Sundays, and 68.34 holidays, or longer than six hours in an adult jail or municipal 68.35 lockup in a standard metropolitan statistical area, after being 68.36 taken into custody for a delinquent act as defined in section 69.1 260B.007, subdivision 6, unless: 69.2 (1) a petition has been filed under section 260B.141; and 69.3 (2) a judge or referee has determined under section 69.4 260B.178 that the child shall remain in detention. 69.5 After August 1, 1991, no child described in this paragraph 69.6 may be detained in an adult jail or municipal lockup longer than 69.7 24 hours, excluding Saturdays, Sundays, and holidays, or longer 69.8 than six hours in an adult jail or municipal lockup in a 69.9 standard metropolitan statistical area, unless the requirements 69.10 of this paragraph have been met and, in addition, a motion to 69.11 refer the child for adult prosecution has been made under 69.12 section 260B.125. Notwithstanding this paragraph, continued 69.13 detention of a child in an adult detention facility outside of a 69.14 standard metropolitan statistical area county is permissible if: 69.15 (i) the facility in which the child is detained is located 69.16 where conditions of distance to be traveled or other ground 69.17 transportation do not allow for court appearances within 24 69.18 hours. A delay not to exceed 48 hours may be made under this 69.19 clause; or 69.20 (ii) the facility is located where conditions of safety 69.21 exist. Time for an appearance may be delayed until 24 hours 69.22 after the time that conditions allow for reasonably safe 69.23 travel. "Conditions of safety" include adverse life-threatening 69.24 weather conditions that do not allow for reasonably safe travel. 69.25 The continued detention of a child under clause (i) or (ii) 69.26 must be reported to the commissioner of corrections. 69.27 (d) If a child described in paragraph (c) is to be detained 69.28 in a jail beyond 24 hours, excluding Saturdays, Sundays, and 69.29 holidays, the judge or referee, in accordance with rules and 69.30 procedures established by the commissioner of corrections, shall 69.31 notify the commissioner of the place of the detention and the 69.32 reasons therefor. The commissioner shall thereupon assist the 69.33 court in the relocation of the child in an appropriate juvenile 69.34 secure detention facility or approved jail within the county or 69.35 elsewhere in the state, or in determining suitable 69.36 alternatives. The commissioner shall direct that a child 70.1 detained in a jail be detained after eight days from and 70.2 including the date of the original detention order in an 70.3 approved juvenile secure detention facility with the approval of 70.4 the administrative authority of the facility. If the court 70.5 refers the matter to the prosecuting authority pursuant to 70.6 section 260B.125, notice to the commissioner shall not be 70.7 required. [260.171, subd. 2 (omitting child protection-related 70.8 text)] 70.9 Subd. 3. [SHELTER CARE FACILITY; SECURE DETENTION 70.10 FACILITY.] If the person who has taken the child into custody 70.11 determines that the child should be placed in a secure detention 70.12 facility or a shelter care facility, that person shall advise 70.13 the child and as soon as is possible, the child's parent, 70.14 guardian, or custodian: 70.15 (a) of the reasons why the child has been taken into 70.16 custody and why the child is being placed in a juvenile secure 70.17 detention facility or a shelter care facility; and 70.18 (b) of the location of the juvenile secure detention 70.19 facility or shelter care facility. If there is reason to 70.20 believe that disclosure of the location of the shelter care 70.21 facility would place the child's health and welfare in immediate 70.22 endangerment, disclosure of the location of the shelter care 70.23 facility shall not be made; and 70.24 (c) that the child's parent, guardian, or custodian and 70.25 attorney or guardian ad litem may make an initial visit to the 70.26 secure detention facility or shelter care facility at any time. 70.27 Subsequent visits by a parent, guardian, or custodian may be 70.28 made on a reasonable basis during visiting hours and by the 70.29 child's attorney or guardian ad litem at reasonable hours; and 70.30 (d) that the child may telephone parents and an attorney or 70.31 guardian ad litem from the juvenile secure detention facility or 70.32 shelter care facility immediately after being admitted to the 70.33 facility and thereafter on a reasonable basis to be determined 70.34 by the director of the facility; and 70.35 (e) that the child may not be detained for acts as defined 70.36 in section 260B.007, subdivision 6, at a juvenile secure 71.1 detention facility or shelter care facility longer than 36 71.2 hours, excluding Saturdays, Sundays, and holidays, unless a 71.3 petition has been filed within that time and the court orders 71.4 the child's continued detention, pursuant to section 260B.178; 71.5 and 71.6 (f) that the child may not be detained for acts defined in 71.7 section 260B.007, subdivision 6, at an adult jail or municipal 71.8 lockup longer than 24 hours, excluding Saturdays, Sundays, and 71.9 holidays, or longer than six hours if the adult jail or 71.10 municipal lockup is in a standard metropolitan statistical area, 71.11 unless a petition has been filed and the court orders the 71.12 child's continued detention under section 260B.178; and 71.13 (g) of the date, time, and place of the detention hearing, 71.14 if this information is available to the person who has taken the 71.15 child into custody; and 71.16 (h) that the child and the child's parent, guardian, or 71.17 custodian have the right to be present and to be represented by 71.18 counsel at the detention hearing, and that if they cannot afford 71.19 counsel, counsel will be appointed at public expense for the 71.20 child, if it is a delinquency matter. 71.21 After August 1, 1991, the child's parent, guardian, or 71.22 custodian shall also be informed under clause (f) that the child 71.23 may not be detained in an adult jail or municipal lockup longer 71.24 than 24 hours, excluding Saturdays, Sundays, and holidays, or 71.25 longer than six hours if the adult jail or municipal lockup is 71.26 in a standard metropolitan statistical area, unless a motion to 71.27 refer the child for adult prosecution has been made within that 71.28 time period. [260.171, subd. 4 (omitting child 71.29 protection-related text)] 71.30 Subd. 4. [TRANSPORTATION.] If a child is to be detained in 71.31 a secure detention facility or shelter care facility, the child 71.32 shall be promptly transported to the facility in a manner 71.33 approved by the facility or by securing a written transportation 71.34 order from the court authorizing transportation by the sheriff 71.35 or other qualified person. The person who has determined that 71.36 the child should be detained shall deliver to the court and the 72.1 supervisor of the secure detention facility or shelter care 72.2 facility where the child is placed, a signed report, setting 72.3 forth: 72.4 (a) the time the child was taken into custody; and 72.5 (b) the time the child was delivered for transportation to 72.6 the secure detention facility or shelter care facility; and 72.7 (c) the reasons why the child was taken into custody; and 72.8 (d) the reasons why the child has been placed in detention; 72.9 and 72.10 (e) a statement that the child and the child's parent have 72.11 received the notification required by subdivision 3 or the 72.12 reasons why they have not been so notified; and 72.13 (f) any instructions required by subdivision 5. [260.171, 72.14 subd. 5] 72.15 Subd. 5. [SHELTER CARE; NOTICE TO PARENT.] When a child is 72.16 to be placed in a shelter care facility the person taking the 72.17 child into custody or the court shall determine whether or not 72.18 there is reason to believe that disclosure of the shelter care 72.19 facility's location to the child's parent, guardian, or 72.20 custodian would immediately endanger the health and welfare of 72.21 the child. If there is reason to believe that the child's 72.22 health and welfare would be immediately endangered, disclosure 72.23 of the location shall not be made. This determination shall be 72.24 included in the report required by subdivision 4, along with 72.25 instructions to the shelter care facility to notify or withhold 72.26 notification. [260.171, subd. 5a] 72.27 Subd. 6. [REPORT.] (a) When a child has been delivered to 72.28 a secure detention facility, the supervisor of the facility 72.29 shall deliver to the court a signed report acknowledging receipt 72.30 of the child stating the time of the child's arrival. The 72.31 supervisor of the facility shall ascertain from the report of 72.32 the person who has taken the child into custody whether the 72.33 child and a parent, guardian, or custodian have received the 72.34 notification required by subdivision 3. If the child or a 72.35 parent, guardian or custodian, or both, have not been so 72.36 notified, the supervisor of the facility shall immediately make 73.1 the notification, and shall include in the report to the court a 73.2 statement that notification has been received or the reasons why 73.3 it has not. 73.4 (b) When a child has been delivered to a shelter care 73.5 facility, the supervisor of the facility shall deliver to the 73.6 court a signed report acknowledging receipt of the child stating 73.7 the time of the child's arrival. The supervisor of the facility 73.8 shall ascertain from the report of the person who has taken the 73.9 child into custody whether the child's parent, guardian or 73.10 custodian has been notified of the placement of the child at the 73.11 shelter care facility and its location, and the supervisor shall 73.12 follow any instructions concerning notification contained in 73.13 that report. [260.171, subd. 6] 73.14 Sec. 25. [260B.178] [DETENTION HEARING.] 73.15 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) The 73.16 court shall hold a detention hearing: 73.17 (1) within 36 hours of the time the child was taken into 73.18 custody, excluding Saturdays, Sundays, and holidays, if the 73.19 child is being held at a juvenile secure detention facility or 73.20 shelter care facility; or 73.21 (2) within 24 hours of the time the child was taken into 73.22 custody, excluding Saturdays, Sundays, and holidays, if the 73.23 child is being held at an adult jail or municipal lockup. 73.24 (b) Unless there is reason to believe that the child would 73.25 endanger self or others, not return for a court hearing, run 73.26 away from the child's parent, guardian, or custodian or 73.27 otherwise not remain in the care or control of the person to 73.28 whose lawful custody the child is released, or that the child's 73.29 health or welfare would be immediately endangered, the child 73.30 shall be released to the custody of a parent, guardian, 73.31 custodian, or other suitable person, subject to reasonable 73.32 conditions of release including, but not limited to, a 73.33 requirement that the child undergo a chemical use assessment as 73.34 provided in section 260B.157, subdivision 1. In determining 73.35 whether the child's health or welfare would be immediately 73.36 endangered, the court shall consider whether the child would 74.1 reside with a perpetrator of domestic child abuse. [260.172, 74.2 subd. 1 (omitting child protection-related text)] 74.3 Subd. 2. [CONTINUATION OF DETENTION.] If the court 74.4 determines that the child should continue in detention, it may 74.5 order detention continued for eight days, excluding Saturdays, 74.6 Sundays and holidays, from and including the date of the order. 74.7 Unless a motion to refer the child for adult prosecution is 74.8 pending, a child who has been detained in an adult jail or 74.9 municipal lockup and for whom continued detention is ordered, 74.10 must be transferred to a juvenile secure detention facility or 74.11 shelter care facility. The court shall include in its order the 74.12 reasons for continued detention and the findings of fact which 74.13 support these reasons. [260.172, subd. 2] 74.14 Subd. 3. [SERVICE OF ORDERS.] Copies of the court's order 74.15 shall be served upon the parties, including the supervisor of 74.16 the detention facility, who shall release the child or continue 74.17 to hold the child as the court orders. 74.18 When the court's order is served upon these parties, notice 74.19 shall also be given to the parties of the subsequent reviews 74.20 provided by subdivision 4. The notice shall also inform each 74.21 party of the right to submit to the court for informal review 74.22 any new evidence regarding whether the child should be continued 74.23 in detention and to request a hearing to present the evidence to 74.24 the court. [260.172, subd. 3] 74.25 Subd. 4. [REVIEW OF CASE.] If a child held in detention 74.26 under a court order issued under subdivision 2 has not been 74.27 released prior to expiration of the order, the court or referee 74.28 shall informally review the child's case file to determine, 74.29 under the standards provided by subdivision 1, whether detention 74.30 should be continued. If detention is continued thereafter, 74.31 informal reviews such as these shall be held within every eight 74.32 days, excluding Saturdays, Sundays and holidays, of the child's 74.33 detention. 74.34 A hearing, rather than an informal review of the child's 74.35 case file, shall be held at the request of any one of the 74.36 parties notified pursuant to subdivision 3, if that party 75.1 notifies the court of a wish to present to the court new 75.2 evidence concerning whether the child should be continued in 75.3 detention or notifies the court of a wish to present an 75.4 alternate placement arrangement to provide for the safety and 75.5 protection of the child. [260.172, subd. 4 (omitting child 75.6 protection-related text)] 75.7 Sec. 26. [260B.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 75.8 CARE FACILITY.] 75.9 Subdivision 1. [TEMPORARY CUSTODY.] A child taken into 75.10 custody pursuant to section 260.165 may be detained for up to 24 75.11 hours in a shelter care facility, secure detention facility, or, 75.12 if there is no secure detention facility available for use by 75.13 the county having jurisdiction over the child, in a jail or 75.14 other facility for the confinement of adults who have been 75.15 charged with or convicted of a crime in quarters separate from 75.16 any adult confined in the facility which has been approved for 75.17 the detention of juveniles by the commissioner of corrections. 75.18 At the end of the 24 hour detention any child requiring further 75.19 detention may be detained only as provided in this section. 75.20 [260.173, subd. 1] 75.21 Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the 75.22 provisions of subdivision 1, if the child had been taken into 75.23 custody pursuant to section 260B.175, subdivision 1, clause (a), 75.24 and is not alleged to be delinquent, the child shall be detained 75.25 in the least restrictive setting consistent with the child's 75.26 health and welfare and in closest proximity to the child's 75.27 family as possible. Placement may be with a child's relative, a 75.28 designated caregiver under chapter 257A, or in a shelter care 75.29 facility. The placing officer shall comply with this section 75.30 and shall document why a less restrictive setting will or will 75.31 not be in the best interests of the child for placement 75.32 purposes. [260.173, subd. 2] 75.33 Subd. 3. [PLACEMENT.] If the child had been taken into 75.34 custody and detained as one who is alleged to be delinquent or a 75.35 juvenile petty offender by reason of: 75.36 (a) Having committed an offense which would not constitute 76.1 a violation of a state law or local ordinance if the child were 76.2 an adult; or 76.3 (b) Having been previously adjudicated delinquent or a 76.4 juvenile petty offender, or conditionally released by the 76.5 juvenile court without adjudication, has violated probation, 76.6 parole, or other field supervision under which the child had 76.7 been placed as a result of behavior described in this 76.8 subdivision; the child may be placed only in a shelter care 76.9 facility. [260.173, subd. 3 (omitting child protection-related 76.10 text)] 76.11 Subd. 4. [DETENTION IN FACILITIES; TYPE; DURATION.] If a 76.12 child is taken into custody as one who: 76.13 (a) has allegedly committed an act which would constitute a 76.14 violation of a state law or a local ordinance if the child were 76.15 an adult; or 76.16 (b) is reasonably believed to have violated the terms of 76.17 probation, parole, or other field supervision under which the 76.18 child had been placed as a result of behavior described under 76.19 clause (a); 76.20 the child may be detained in a shelter care or secure juvenile 76.21 detention facility. If the child cannot be detained in another 76.22 type of detention facility, and if there is no secure juvenile 76.23 detention facility or existing acceptable detention alternative 76.24 available for juveniles within the county, a child described in 76.25 this subdivision may be detained up to 24 hours, excluding 76.26 Saturdays, Sundays, and holidays, or up to six hours in a 76.27 standard metropolitan statistical area, in a jail, lockup or 76.28 other facility used for the confinement of adults who have been 76.29 charged with or convicted of a crime, in quarters separate from 76.30 any adult confined in the facility which has been approved for 76.31 the detention of juveniles by the commissioner of corrections. 76.32 If continued detention in an adult jail is approved by the court 76.33 under section 260B.178, subdivision 2, and there is no juvenile 76.34 secure detention facility available for use by the county having 76.35 jurisdiction over the child, such child may be detained for no 76.36 more than eight days from and including the date of the original 77.1 detention order in separate quarters in any jail or other adult 77.2 facility for the confinement of persons charged with or 77.3 convicted of crime which has been approved by the commissioner 77.4 of corrections to be suitable for the detention of juveniles for 77.5 up to eight days. Except for children who have been referred 77.6 for prosecution pursuant to section 260B.125, and as hereinafter 77.7 provided, any child requiring secure detention for more than 77.8 eight days from and including the date of the original detention 77.9 order must be removed to an approved secure juvenile detention 77.10 facility. A child 16 years of age or older against whom a 77.11 motion to refer for prosecution is pending before the court may 77.12 be detained for more than eight days in separate quarters in a 77.13 jail or other facility which has been approved by the 77.14 commissioner of corrections for the detention of juveniles for 77.15 up to eight days after a hearing and subject to the periodic 77.16 reviews provided in section 260B.178. No child under the age of 77.17 14 may be detained in a jail, lockup or other facility used for 77.18 the confinement of adults who have been charged with or 77.19 convicted of a crime. [260.173, subd. 4] 77.20 Subd. 5. [STATE CORRECTIONAL INSTITUTION.] In order for a 77.21 child to be detained at a state correctional institution for 77.22 juveniles, the commissioner of corrections must first consent 77.23 thereto, and the county must agree to pay the costs of the 77.24 child's detention. 77.25 Where the commissioner directs that a child be detained in 77.26 an approved juvenile facility with the approval of the 77.27 administrative authority of the facility as provided in section 77.28 260B.176, subdivision 2, or subdivision 4 of this section, the 77.29 costs of such detention shall be a charge upon the county for 77.30 which the child is being detained. [260.173, subd. 5] 77.31 Sec. 27. [260B.185] [EXTENSION OF DETENTION PERIOD.] 77.32 Subdivision 1. [DETENTION.] Before July 1, 1999, and 77.33 pursuant to a request from an eight-day temporary holdover 77.34 facility, as defined in section 241.0221, the commissioner of 77.35 corrections, or the commissioner's designee, may grant a 77.36 one-time extension per child to the eight-day limit on detention 78.1 under this chapter. This extension may allow such a facility to 78.2 detain a child for up to 30 days including weekends and 78.3 holidays. Upon the expiration of the extension, the child may 78.4 not be transferred to another eight-day temporary holdover 78.5 facility. The commissioner shall develop criteria for granting 78.6 extensions under this section. These criteria must ensure that 78.7 the child be transferred to a long-term juvenile detention 78.8 facility as soon as such a transfer is possible. Nothing in 78.9 this section changes the requirements in section 260B.178 78.10 regarding the necessity of detention hearings to determine 78.11 whether continued detention of the child is proper. [260.1735, 78.12 subd. 1] 78.13 Subd. 2. [CONTINUED DETENTION.] (a) A delay not to exceed 78.14 48 hours may be made if the facility in which the child is 78.15 detained is located where conditions of distance to be traveled 78.16 or other ground transportation do not allow for court 78.17 appearances within 24 hours. 78.18 (b) A delay may be made if the facility is located where 78.19 conditions of safety exist. Time for an appearance may be 78.20 delayed until 24 hours after the time that conditions allow for 78.21 reasonably safe travel. "Conditions of safety" include adverse 78.22 life-threatening weather conditions that do not allow for 78.23 reasonably safe travel. 78.24 The continued detention of a child under paragraph (a) or 78.25 (b) must be reported to the commissioner of corrections. 78.26 [260.1735, subd. 2] 78.27 Sec. 28. [260B.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 78.28 FOR MEDICAL CARE.] 78.29 Subdivision 1. [MEDICAL AID.] If a child is taken into 78.30 custody as provided in section 260B.175 and detained in a local 78.31 juvenile secure detention facility or shelter care facility, or 78.32 if a child is sentenced by the juvenile court to a local 78.33 correctional facility as defined in section 241.021, subdivision 78.34 1, paragraph (5), the child's county of residence shall pay the 78.35 costs of medical services provided to the child during the 78.36 period of time the child is residing in the facility. The 79.1 county of residence is entitled to reimbursement from the child 79.2 or the child's family for payment of medical bills to the extent 79.3 that the child or the child's family has the ability to pay for 79.4 the medical services. If there is a disagreement between the 79.5 county and the child or the child's family concerning the 79.6 ability to pay or whether the medical services were necessary, 79.7 the court with jurisdiction over the child shall determine the 79.8 extent, if any, of the child's or the family's ability to pay 79.9 for the medical services or whether the services are necessary. 79.10 If the child is covered by health or medical insurance or a 79.11 health plan when medical services are provided, the county 79.12 paying the costs of medical services has a right of subrogation 79.13 to be reimbursed by the insurance carrier or health plan for all 79.14 amounts spent by it for medical services to the child that are 79.15 covered by the insurance policy or health plan, in accordance 79.16 with the benefits, limitations, exclusions, provider 79.17 restrictions, and other provisions of the policy or health 79.18 plan. The county may maintain an action to enforce this 79.19 subrogation right. The county does not have a right of 79.20 subrogation against the medical assistance program, the 79.21 MinnesotaCare program, or the general assistance medical care 79.22 program. [260.174, subd. 1] 79.23 Subd. 2. [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 79.24 its intake procedure for children, the official having custody 79.25 over the child shall ask the child or the child's family, as 79.26 appropriate, whether the child has health coverage. If the 79.27 child has coverage under a policy of accident and health 79.28 insurance regulated under chapter 62A, a health maintenance 79.29 contract regulated under chapter 62D, a group subscriber 79.30 contract regulated under chapter 62C, a health benefit 79.31 certificate regulated under chapter 64B, a self-insured plan, or 79.32 other health coverage, the child or the child's family, as 79.33 appropriate, shall provide to the official having custody over 79.34 the child the name of the carrier or administrator and other 79.35 information and authorizations necessary for the official having 79.36 custody over the child to obtain specific information about 80.1 coverage. [260.174, subd. 2] 80.2 Subd. 3. [OBTAINING HEALTH CARE IN COMPLIANCE WITH 80.3 COVERAGE.] A county board may authorize the officials having 80.4 custody over children to fulfill the county board's obligation 80.5 to provide the medical aid required by subdivision 1 in 80.6 accordance with the terms of the health plan covering the child, 80.7 where possible, subject to any rules and exceptions provided by 80.8 the county board. The official having custody over a child has 80.9 no obligation to the child or to the child's family to obtain 80.10 the child's health care in accordance with the child's health 80.11 coverage. [260.174, subd. 3] 80.12 Subd. 4. [SCOPE.] Subdivisions 1, 2, and 3 apply to any 80.13 medical aid, including dental care, provided to children held in 80.14 custody by the county as described in subdivision 1. [260.174, 80.15 subd. 4] 80.16 Sec. 29. [260B.193] [DISPOSITIONS; GENERAL PROVISIONS.] 80.17 Subdivision 1. [DISMISSAL OF PETITION.] Whenever the court 80.18 finds that the minor is not within the jurisdiction of the court 80.19 or that the facts alleged in the petition have not been proved, 80.20 it shall dismiss the petition. [260.181, subd. 1] 80.21 Subd. 2. [CONSIDERATION OF REPORTS.] Before making a 80.22 disposition in a case, or appointing a guardian for a child, the 80.23 court may consider any report or recommendation made by the 80.24 local social services agency, probation officer, licensed 80.25 child-placing agency, foster parent, guardian ad litem, tribal 80.26 representative, or other authorized advocate for the child or 80.27 child's family, a school district concerning the effect on 80.28 student transportation of placing a child in a school district 80.29 in which the child is not a resident, or any other information 80.30 deemed material by the court. [260.181, subd. 2 (omitting child 80.31 protection-related text)] 80.32 Subd. 3. [REPORTS; JUVENILES PLACED OUT OF 80.33 STATE.] Whenever a child is placed in a residential program 80.34 located outside of this state pursuant to a disposition order 80.35 issued under section 260B.198, the juvenile court administrator 80.36 shall report the following information to the state court 81.1 administrator: 81.2 (1) the fact that the placement is out of state; 81.3 (2) the type of placement; and 81.4 (3) the reason for the placement. [260.181, subd. 3a] 81.5 Subd. 4. [TERMINATION OF JURISDICTION.] (a) The court may 81.6 dismiss the petition or otherwise terminate its jurisdiction on 81.7 its own motion or on the motion or petition of any interested 81.8 party at any time. Unless terminated by the court, and except 81.9 as otherwise provided in this subdivision, the jurisdiction of 81.10 the court shall continue until the individual becomes 19 years 81.11 of age if the court determines it is in the best interest of the 81.12 individual to do so. 81.13 (b) The jurisdiction of the court over an extended 81.14 jurisdiction juvenile, with respect to the offense for which the 81.15 individual was convicted as an extended jurisdiction juvenile, 81.16 extends until the offender becomes 21 years of age, unless the 81.17 court terminates jurisdiction before that date. 81.18 (c) The juvenile court has jurisdiction to designate the 81.19 proceeding an extended jurisdiction juvenile prosecution, to 81.20 hold a certification hearing, or to conduct a trial, receive a 81.21 plea, or impose a disposition under section 260B.130, 81.22 subdivision 4, if: 81.23 (1) an adult is alleged to have committed an offense before 81.24 the adult's 18th birthday; and 81.25 (2) a petition is filed under section 260B.141 before 81.26 expiration of the time for filing under section 628.26 and 81.27 before the adult's 21st birthday. 81.28 The juvenile court lacks jurisdiction under this paragraph if 81.29 the adult demonstrates that the delay was purposefully caused by 81.30 the state in order to gain an unfair advantage. 81.31 (d) The district court has original and exclusive 81.32 jurisdiction over a proceeding: 81.33 (1) that involves an adult who is alleged to have committed 81.34 an offense before the adult's 18th birthday; and 81.35 (2) in which a criminal complaint is filed before 81.36 expiration of the time for filing under section 628.26 and after 82.1 the adult's 21st birthday. 82.2 The juvenile court retains jurisdiction if the adult 82.3 demonstrates that the delay in filing a criminal complaint was 82.4 purposefully caused by the state in order to gain an unfair 82.5 advantage. 82.6 (e) The juvenile court has jurisdiction over a person who 82.7 has been adjudicated delinquent until the person's 21st birthday 82.8 if the person fails to appear at any juvenile court hearing or 82.9 fails to appear at or absconds from any placement under a 82.10 juvenile court order. The juvenile court has jurisdiction over 82.11 a convicted extended jurisdiction juvenile who fails to appear 82.12 at any juvenile court hearing or fails to appear at or absconds 82.13 from any placement under section 260B.130, subdivision 4. The 82.14 juvenile court lacks jurisdiction under this paragraph if the 82.15 adult demonstrates that the delay was purposefully caused by the 82.16 state in order to gain an unfair advantage. [260.181, subd. 4] 82.17 Sec. 30. [260B.198] [DISPOSITIONS; DELINQUENT CHILD.] 82.18 Subdivision 1. [COURT ORDER, FINDINGS, REMEDIES, 82.19 TREATMENT.] If the court finds that the child is delinquent, it 82.20 shall enter an order making any of the following dispositions of 82.21 the case which are deemed necessary to the rehabilitation of the 82.22 child: 82.23 (a) Counsel the child or the parents, guardian, or 82.24 custodian; 82.25 (b) Place the child under the supervision of a probation 82.26 officer or other suitable person in the child's own home under 82.27 conditions prescribed by the court including reasonable rules 82.28 for the child's conduct and the conduct of the child's parents, 82.29 guardian, or custodian, designed for the physical, mental, and 82.30 moral well-being and behavior of the child, or with the consent 82.31 of the commissioner of corrections, in a group foster care 82.32 facility which is under the management and supervision of said 82.33 commissioner; 82.34 (c) Subject to the supervision of the court, transfer legal 82.35 custody of the child to one of the following: 82.36 (1) a child-placing agency; or 83.1 (2) the local social services agency; or 83.2 (3) a reputable individual of good moral character. No 83.3 person may receive custody of two or more unrelated children 83.4 unless licensed as a residential facility pursuant to sections 83.5 245A.01 to 245A.16; or 83.6 (4) a county home school, if the county maintains a home 83.7 school or enters into an agreement with a county home school; or 83.8 (5) a county probation officer for placement in a group 83.9 foster home established under the direction of the juvenile 83.10 court and licensed pursuant to section 241.021; 83.11 (d) Transfer legal custody by commitment to the 83.12 commissioner of corrections; 83.13 (e) If the child is found to have violated a state or local 83.14 law or ordinance which has resulted in damage to the person or 83.15 property of another, the court may order the child to make 83.16 reasonable restitution for such damage; 83.17 (f) Require the child to pay a fine of up to $700; the 83.18 court shall order payment of the fine in accordance with a time 83.19 payment schedule which shall not impose an undue financial 83.20 hardship on the child; 83.21 (g) If the child is in need of special treatment and care 83.22 for reasons of physical or mental health, the court may order 83.23 the child's parent, guardian, or custodian to provide it. If 83.24 the parent, guardian, or custodian fails to provide this 83.25 treatment or care, the court may order it provided; 83.26 (h) If the court believes that it is in the best interests 83.27 of the child and of public safety that the driver's license of 83.28 the child be canceled until the child's 18th birthday, the court 83.29 may recommend to the commissioner of public safety the 83.30 cancellation of the child's license for any period up to the 83.31 child's 18th birthday, and the commissioner is hereby authorized 83.32 to cancel such license without a hearing. At any time before 83.33 the termination of the period of cancellation, the court may, 83.34 for good cause, recommend to the commissioner of public safety 83.35 that the child be authorized to apply for a new license, and the 83.36 commissioner may so authorize; 84.1 (i) If the court believes that it is in the best interest 84.2 of the child and of public safety that the child is enrolled in 84.3 school, the court may require the child to remain enrolled in a 84.4 public school until the child reaches the age of 18 or completes 84.5 all requirements needed to graduate from high school. Any child 84.6 enrolled in a public school under this paragraph is subject to 84.7 the provisions of the Pupil Fair Dismissal Act in chapter 127. 84.8 (j) If the child is petitioned and found by the court to 84.9 have committed a controlled substance offense under sections 84.10 152.021 to 152.027, the court shall determine whether the child 84.11 unlawfully possessed or sold the controlled substance while 84.12 driving a motor vehicle. If so, the court shall notify the 84.13 commissioner of public safety of its determination and order the 84.14 commissioner to revoke the child's driver's license for the 84.15 applicable time period specified in section 152.0271. If the 84.16 child does not have a driver's license or if the child's 84.17 driver's license is suspended or revoked at the time of the 84.18 delinquency finding, the commissioner shall, upon the child's 84.19 application for driver's license issuance or reinstatement, 84.20 delay the issuance or reinstatement of the child's driver's 84.21 license for the applicable time period specified in section 84.22 152.0271. Upon receipt of the court's order, the commissioner 84.23 is authorized to take the licensing action without a hearing. 84.24 (k) If the child is petitioned and found by the court to 84.25 have committed or attempted to commit an act in violation of 84.26 section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 84.27 subdivision 1; 609.79; or 617.23, or another offense arising out 84.28 of a delinquency petition based on one or more of those 84.29 sections, the court shall order an independent professional 84.30 assessment of the child's need for sex offender treatment. An 84.31 assessor providing an assessment for the court must be 84.32 experienced in the evaluation and treatment of juvenile sex 84.33 offenders. If the assessment indicates that the child is in need 84.34 of and amenable to sex offender treatment, the court shall 84.35 include in its disposition order a requirement that the child 84.36 undergo treatment. Notwithstanding section 13.42, 13.85, 85.1 144.335, 260B.171, or 626.556, the assessor has access to the 85.2 following private or confidential data on the child if access is 85.3 relevant and necessary for the assessment: 85.4 (1) medical data under section 13.42; 85.5 (2) corrections and detention data under section 13.85; 85.6 (3) health records under section 144.335; 85.7 (4) juvenile court records under section 260B.171; and 85.8 (5) local welfare agency records under section 626.556. 85.9 Data disclosed under this paragraph may be used only for 85.10 purposes of the assessment and may not be further disclosed to 85.11 any other person, except as authorized by law. 85.12 (l) If the child is found delinquent due to the commission 85.13 of an offense that would be a felony if committed by an adult, 85.14 the court shall make a specific finding on the record regarding 85.15 the juvenile's mental health and chemical dependency treatment 85.16 needs. 85.17 (m) Any order for a disposition authorized under this 85.18 section shall contain written findings of fact to support the 85.19 disposition ordered, and shall also set forth in writing the 85.20 following information: 85.21 (1) why the best interests of the child are served by the 85.22 disposition ordered; and 85.23 (2) what alternative dispositions were considered by the 85.24 court and why such dispositions were not appropriate in the 85.25 instant case. [260.185, subd. 1] 85.26 Subd. 2. [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If 85.27 the child is petitioned and found delinquent by the court, and 85.28 the court also finds that the child was in possession of a 85.29 firearm at the time of the offense, in addition to any other 85.30 disposition the court shall order that the firearm be 85.31 immediately seized and shall order that the child be required to 85.32 serve at least 100 hours of community work service unless the 85.33 child is placed in a residential treatment program or a juvenile 85.34 correctional facility. If the child is petitioned and found 85.35 delinquent by the court, and the court finds that the child was 85.36 in possession of a dangerous weapon in a school zone, as defined 86.1 in section 152.01, subdivision 14a, clauses (1) and (3), at the 86.2 time of the offense, the court also shall order that the child's 86.3 driver's license be canceled or driving privileges denied until 86.4 the child's 18th birthday. The court shall send a copy of its 86.5 order to the commissioner of public safety and, upon receipt of 86.6 the order, the commissioner is authorized to cancel the child's 86.7 driver's license or deny the child's driving privileges without 86.8 a hearing. [260.185, subd. 1a] 86.9 Subd. 3. [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 86.10 TRANSFERS.] An adjudicated juvenile may not be placed in a 86.11 licensed juvenile secure treatment facility unless the placement 86.12 is approved by the juvenile court. However, the program 86.13 administrator may determine the juvenile's length of stay in the 86.14 secure portion of the facility. The administrator shall notify 86.15 the court of any movement of juveniles from secure portions of 86.16 facilities. However, the court may, in its discretion, order 86.17 that the juveniles be moved back to secure portions of the 86.18 facility. [260.185, subd. 1b] 86.19 Subd. 4. [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 86.20 REQUIREMENTS.] Before a postadjudication placement of a juvenile 86.21 in a secure treatment facility either inside or outside the 86.22 state, the court may: 86.23 (1) consider whether the juvenile has been adjudicated for 86.24 a felony offense against the person or that in addition to the 86.25 current adjudication, the juvenile has failed to appear in court 86.26 on one or more occasions or has run away from home on one or 86.27 more occasions; 86.28 (2) conduct a subjective assessment to determine whether 86.29 the child is a danger to self or others or would abscond from a 86.30 nonsecure facility or if the child's health or welfare would be 86.31 endangered if not placed in a secure facility; 86.32 (3) conduct a culturally appropriate psychological 86.33 evaluation which includes a functional assessment of anger and 86.34 abuse issues; and 86.35 (4) conduct an educational and physical assessment of the 86.36 juvenile. 87.1 In determining whether to order secure placement, the court 87.2 shall consider the necessity of: 87.3 (i) protecting the public; 87.4 (ii) protecting program residents and staff; and 87.5 (iii) preventing juveniles with histories of absconding 87.6 from leaving treatment programs. [260.185, subd. 1c] 87.7 Subd. 5. [EXPUNGEMENT.] Except when legal custody is 87.8 transferred under the provisions of subdivision 1, clause (d), 87.9 the court may expunge the adjudication of delinquency at any 87.10 time that it deems advisable. [260.185, subd. 2] 87.11 Subd. 6. [CONTINUANCE.] When it is in the best interests 87.12 of the child to do so and when the child has admitted the 87.13 allegations contained in the petition before the judge or 87.14 referee, or when a hearing has been held as provided for in 87.15 section 260B.163 and the allegations contained in the petition 87.16 have been duly proven but, in either case, before a finding of 87.17 delinquency has been entered, the court may continue the case 87.18 for a period not to exceed 90 days on any one order. Such a 87.19 continuance may be extended for one additional successive period 87.20 not to exceed 90 days and only after the court has reviewed the 87.21 case and entered its order for an additional continuance without 87.22 a finding of delinquency. During this continuance the court may 87.23 enter an order in accordance with the provisions of subdivision 87.24 1, clause (a) or (b) or enter an order to hold the child in 87.25 detention for a period not to exceed 15 days on any one order 87.26 for the purpose of completing any consideration, or any 87.27 investigation or examination ordered in accordance with the 87.28 provisions of section 260B.157. This subdivision does not apply 87.29 to an extended jurisdiction juvenile proceeding. [260.185, 87.30 subd. 3] 87.31 Subd. 7. [ENFORCEMENT OF RESTITUTION ORDERS.] If the court 87.32 orders payment of restitution and the child fails to pay the 87.33 restitution in accordance with the payment schedule or structure 87.34 established by the court or the probation officer, the child's 87.35 probation officer may, on the officer's own motion or at the 87.36 request of the victim, file a petition for violation of 88.1 probation or ask the court to hold a hearing to determine 88.2 whether the conditions of probation should be changed. The 88.3 child's probation officer shall ask for the hearing if the 88.4 restitution order has not been paid prior to 60 days before the 88.5 term of probation expires. The court shall schedule and hold 88.6 this hearing before the child's term of probation expires. 88.7 [260.185, subd. 3a] 88.8 Subd. 8. [ORDERS FOR SUPERVISION.] All orders for 88.9 supervision under subdivision 1, clause (b) shall be for an 88.10 indeterminate period unless otherwise specified by the court, 88.11 and shall be reviewed by the court at least annually. All 88.12 orders under subdivision 1, clause (c) shall be for a specified 88.13 length of time set by the court. However, before an order has 88.14 expired and upon the court's own motion or that of any 88.15 interested party, the court has continuing jurisdiction to renew 88.16 the order or, after notice to the parties and a hearing, make 88.17 some other disposition of the case, until the individual becomes 88.18 19 years of age. Any person to whom legal custody is 88.19 transferred shall report to the court in writing at such periods 88.20 as the court may direct. [260.185, subd. 4] 88.21 Subd. 9. [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 88.22 court transfers legal custody of a child to any licensed 88.23 child-placing agency, county home school, local social services 88.24 agency, or the commissioner of corrections, it shall transmit 88.25 with the order transferring legal custody a copy of its findings 88.26 and a summary of its information concerning the child. 88.27 [260.185, subd. 5] 88.28 Subd. 10. [OUT-OF-STATE PLACEMENTS.] (a) A court may not 88.29 place a preadjudicated delinquent, an adjudicated delinquent, or 88.30 a convicted extended jurisdiction juvenile in a residential or 88.31 detention facility outside Minnesota unless the commissioner of 88.32 corrections has certified that the facility: 88.33 (1) meets or exceeds the standards for Minnesota 88.34 residential treatment programs set forth in rules adopted by the 88.35 commissioner of human services or the standards for juvenile 88.36 residential facilities set forth in rules adopted by the 89.1 commissioner of corrections or the standards for juvenile 89.2 detention facilities set forth in rules adopted by the 89.3 commissioner of corrections, as provided under paragraph (b); 89.4 and 89.5 (2) provides education, health, dental, and other necessary 89.6 care equivalent to that which the child would receive if placed 89.7 in a Minnesota facility licensed by the commissioner of 89.8 corrections or commissioner of human services. 89.9 (b) The interagency licensing agreement between the 89.10 commissioners of corrections and human services shall be used to 89.11 determine which rule shall be used for certification purposes 89.12 under this subdivision. 89.13 (c) The commissioner of corrections may charge each 89.14 facility evaluated a reasonable amount. Money received is 89.15 annually appropriated to the commissioner of corrections to 89.16 defray the costs of the certification program. [260.185, subd. 89.17 6] 89.18 Subd. 11. [PLACEMENT IN JUVENILE FACILITY.] A person who 89.19 has reached the age of 20 may not be kept in a residential 89.20 facility licensed by the commissioner of corrections together 89.21 with persons under the age of 20. The commissioner may adopt 89.22 criteria for allowing exceptions to this prohibition. [260.185, 89.23 subd. 7] 89.24 Sec. 31. [260B.225] [JUVENILE TRAFFIC OFFENDER; 89.25 PROCEDURES; DISPOSITIONS.] 89.26 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 89.27 section, the following terms have the meanings given them. 89.28 (b) "Major traffic offense" includes any violation of a 89.29 state or local traffic law, ordinance, or regulation, or a 89.30 federal, state, or local water traffic law not included within 89.31 the provisions of clause (c). 89.32 (c) "Adult court traffic offense" means: 89.33 (1) a petty misdemeanor violation of a state or local 89.34 traffic law, ordinance, or regulation, or a petty misdemeanor 89.35 violation of a federal, state, or local water traffic law; or 89.36 (2) a violation of section 169.121, 169.129, or any other 90.1 misdemeanor- or gross misdemeanor-level traffic violation 90.2 committed as part of the same behavioral incident as a violation 90.3 of section 169.121 or 169.129. [260.193, subd. 1] 90.4 Subd. 2. [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who 90.5 commits a major traffic offense shall be adjudicated a "juvenile 90.6 highway traffic offender" or a "juvenile water traffic 90.7 offender," as the case may be, and shall not be adjudicated 90.8 delinquent, unless, as in the case of any other child alleged to 90.9 be delinquent, a petition is filed in the manner provided in 90.10 section 260B.141, summons issued, notice given, a hearing held, 90.11 and the court finds as a further fact that the child is also 90.12 delinquent within the meaning and purpose of the laws relating 90.13 to juvenile courts. [260.193, subd. 2] 90.14 Subd. 3. [ADULT TRAFFIC OFFENSE.] Except as provided in 90.15 subdivision 4, a child who commits an adult court traffic 90.16 offense and at the time of the offense was at least 16 years old 90.17 shall be subject to the laws and court procedures controlling 90.18 adult traffic violators and shall not be under the jurisdiction 90.19 of the juvenile court. When a child is alleged to have 90.20 committed an adult court traffic offense and is at least 16 90.21 years old at the time of the offense, the peace officer making 90.22 the charge shall follow the arrest procedures prescribed in 90.23 section 169.91 and shall make reasonable effort to notify the 90.24 child's parent or guardian of the nature of the charge. 90.25 [260.193, subd. 3] 90.26 Subd. 4. [ORIGINAL JURISDICTION; JUVENILE COURT.] The 90.27 juvenile court shall have original jurisdiction over: 90.28 (1) all juveniles age 15 and under alleged to have 90.29 committed any traffic offense; and 90.30 (2) 16- and 17-year-olds alleged to have committed any 90.31 major traffic offense, except that the adult court has original 90.32 jurisdiction over: 90.33 (i) petty traffic misdemeanors not a part of the same 90.34 behavioral incident of a misdemeanor being handled in juvenile 90.35 court; and 90.36 (ii) violations of sections 169.121 (drivers under the 91.1 influence of alcohol or controlled substance) and 169.129 91.2 (aggravated driving while intoxicated), and any other 91.3 misdemeanor or gross misdemeanor level traffic violations 91.4 committed as part of the same behavioral incident of a violation 91.5 of section 169.121 or 169.129. [260.193, subd. 4] 91.6 Subd. 5. [MAJOR TRAFFIC OFFENSE PROCEDURES.] When a child 91.7 is alleged to have committed a major traffic offense, the peace 91.8 officer making the charge shall file a signed copy of the notice 91.9 to appear, as provided in section 169.91, with the juvenile 91.10 court of the county in which the violation occurred, and the 91.11 notice to appear has the effect of a petition and gives the 91.12 juvenile court jurisdiction. Filing with the court a notice to 91.13 appear containing the name and address of the child allegedly 91.14 committing a major traffic offense and specifying the offense 91.15 charged, the time and place of the alleged violation shall have 91.16 the effect of a petition and give the juvenile court 91.17 jurisdiction. Any reputable person having knowledge of a child 91.18 who commits a major traffic offense may petition the juvenile 91.19 court in the manner provided in section 260B.141. Whenever a 91.20 notice to appear or petition is filed alleging that a child is a 91.21 juvenile highway traffic offender or a juvenile water traffic 91.22 offender, the court shall summon and notify the persons required 91.23 to be summoned or notified as provided in sections 260B.151 and 91.24 260B.152. However, it is not necessary to (1) notify more than 91.25 one parent, or (2) publish any notice, or (3) personally serve 91.26 outside the state. [260.193, subd. 5] 91.27 Subd. 6. [DISPOSITION.] Before making a disposition of any 91.28 child found to be a juvenile major traffic offender or to have 91.29 violated a misdemeanor- or gross misdemeanor-level traffic law, 91.30 the court shall obtain from the department of public safety 91.31 information of any previous traffic violation by this juvenile. 91.32 In the case of a juvenile water traffic offender, the court 91.33 shall obtain from the office where the information is now or 91.34 hereafter may be kept information of any previous water traffic 91.35 violation by the juvenile. [260.193, subd. 6] 91.36 Subd. 7. [TRANSFER OF CASES.] If after a hearing the court 92.1 finds that the welfare of a juvenile major traffic offender or a 92.2 juvenile water traffic offender or the public safety would be 92.3 better served under the laws controlling adult traffic 92.4 violators, the court may transfer the case to any court of 92.5 competent jurisdiction presided over by a salaried judge if 92.6 there is one in the county. The juvenile court transfers the 92.7 case by forwarding to the appropriate court the documents in the 92.8 court's file together with an order to transfer. The court to 92.9 which the case is transferred shall proceed with the case as if 92.10 the jurisdiction of the juvenile court had never attached. 92.11 [260.193, subd. 7] 92.12 Subd. 8. [CRIMINAL COURT DISPOSITIONS; ADULT COURT TRAFFIC 92.13 OFFENDERS.] (a) A juvenile who is charged with an adult court 92.14 traffic offense in district court shall be treated as an adult 92.15 before trial, except that the juvenile may be held in secure, 92.16 pretrial custody only in a secure juvenile detention facility. 92.17 (b) A juvenile who is convicted of an adult court traffic 92.18 offense in district court shall be treated as an adult for 92.19 sentencing purposes, except that the court may order the 92.20 juvenile placed out of the home only in a residential treatment 92.21 facility or in a juvenile correctional facility. 92.22 (c) The disposition of an adult court traffic offender 92.23 remains with the county in which the adjudication occurred. 92.24 [260.193, subd. 7a] 92.25 Subd. 9. [JUVENILE MAJOR HIGHWAY OR WATER TRAFFIC 92.26 OFFENDER.] If the juvenile court finds that the child is a 92.27 juvenile major highway or water traffic offender, it may make 92.28 any one or more of the following dispositions of the case: 92.29 (a) Reprimand the child and counsel with the child and the 92.30 parents; 92.31 (b) Continue the case for a reasonable period under such 92.32 conditions governing the child's use and operation of any motor 92.33 vehicles or boat as the court may set; 92.34 (c) Require the child to attend a driver improvement school 92.35 if one is available within the county; 92.36 (d) Recommend to the department of public safety suspension 93.1 of the child's driver's license as provided in section 171.16; 93.2 (e) If the child is found to have committed two moving 93.3 highway traffic violations or to have contributed to a highway 93.4 accident involving death, injury, or physical damage in excess 93.5 of $100, the court may recommend to the commissioner of public 93.6 safety or to the licensing authority of another state the 93.7 cancellation of the child's license until the child reaches the 93.8 age of 18 years, and the commissioner of public safety is hereby 93.9 authorized to cancel the license without hearing. At any time 93.10 before the termination of the period of cancellation, the court 93.11 may, for good cause, recommend to the commissioner of public 93.12 safety, or to the licensing authority of another state, that the 93.13 child's license be returned, and the commissioner of public 93.14 safety is authorized to return the license; 93.15 (f) Place the child under the supervision of a probation 93.16 officer in the child's own home under conditions prescribed by 93.17 the court including reasonable rules relating to operation and 93.18 use of motor vehicles or boats directed to the correction of the 93.19 child's driving habits; 93.20 (g) If the child is found to have violated a state or local 93.21 law or ordinance and the violation resulted in damage to the 93.22 person or property of another, the court may order the child to 93.23 make reasonable restitution for the damage; 93.24 (h) Require the child to pay a fine of up to $700. The 93.25 court shall order payment of the fine in accordance with a time 93.26 payment schedule which shall not impose an undue financial 93.27 hardship on the child; 93.28 (i) If the court finds that the child committed an offense 93.29 described in section 169.121, the court shall order that a 93.30 chemical use assessment be conducted and a report submitted to 93.31 the court in the manner prescribed in section 169.126. If the 93.32 assessment concludes that the child meets the level of care 93.33 criteria for placement under rules adopted under section 93.34 254A.03, subdivision 3, the report must recommend a level of 93.35 care for the child. The court may require that level of care in 93.36 its disposition order. In addition, the court may require any 94.1 child ordered to undergo an assessment to pay a chemical 94.2 dependency assessment charge of $75. The court shall forward 94.3 the assessment charge to the commissioner of finance to be 94.4 credited to the general fund. The state shall reimburse 94.5 counties for the total cost of the assessment in the manner 94.6 provided in section 169.126, subdivision 4c. [260.193, subd. 8] 94.7 Subd. 10. [RECORDS.] The juvenile court records of 94.8 juvenile highway traffic offenders and juvenile water traffic 94.9 offenders shall be kept separate from delinquency matters. 94.10 [260.193, subd. 10] 94.11 Sec. 32. [260B.235] [PETTY OFFENDERS; PROCEDURES; 94.12 DISPOSITIONS.] 94.13 Subdivision 1. [ADJUDICATION.] A petty offender who has 94.14 committed a juvenile alcohol or controlled substance offense 94.15 shall be adjudicated a "petty offender," and shall not be 94.16 adjudicated delinquent, unless, as in the case of any other 94.17 child alleged to be delinquent, a petition is filed in the 94.18 manner provided in section 260B.141, summons issued, notice 94.19 given, a hearing held, and the court finds as a further fact 94.20 that the child is also delinquent within the meaning and purpose 94.21 of the laws related to juvenile courts. [260.195, subd. 1] 94.22 Subd. 2. [PROCEDURE.] When a peace officer has probable 94.23 cause to believe that a child is a petty offender, the officer 94.24 may issue a notice to the child to appear in juvenile court in 94.25 the county in which the alleged violation occurred. The officer 94.26 shall file a copy of the notice to appear with the juvenile 94.27 court of the county in which the alleged violation occurred. 94.28 Filing with the court a notice to appear containing the name and 94.29 address of the child who is alleged to be a petty offender, 94.30 specifying the offense charged, and the time and place of the 94.31 alleged violation has the effect of a petition giving the 94.32 juvenile court jurisdiction. Any reputable person having 94.33 knowledge that a child is a petty offender may petition the 94.34 juvenile court in the manner provided in section 260B.141. 94.35 Whenever a notice to appear or petition is filed alleging that a 94.36 child is a petty offender, the court shall summon and notify the 95.1 person or persons having custody or control of the child of the 95.2 nature of the offense charged and the time and place of 95.3 hearing. This summons and notice shall be served in the time 95.4 and manner provided in section 260B.151, subdivision 1. If a 95.5 child fails to appear in response to the notice provided by this 95.6 subdivision, the court may issue a summons notifying the child 95.7 of the nature of the offense alleged and the time and place set 95.8 for the hearing. If the peace officer finds it necessary to 95.9 take the child into custody, sections 260B.175 and 260B.176 95.10 shall apply. [260.195, subd. 2] 95.11 Subd. 3. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 95.12 as otherwise provided in section 260B.163, subdivision 4, a 95.13 child alleged to be a juvenile petty offender may be represented 95.14 by counsel, but does not have a right to appointment of a public 95.15 defender or other counsel at public expense. [260.195, subd. 95.16 2a] 95.17 Subd. 4. [DISPOSITIONS.] If the juvenile court finds that 95.18 a child is a petty offender, the court may: 95.19 (a) require the child to pay a fine of up to $100; 95.20 (b) require the child to participate in a community service 95.21 project; 95.22 (c) require the child to participate in a drug awareness 95.23 program; 95.24 (d) place the child on probation for up to six months; 95.25 (e) order the child to undergo a chemical dependency 95.26 evaluation and if warranted by this evaluation, order 95.27 participation by the child in an outpatient chemical dependency 95.28 treatment program; 95.29 (f) order the child to make restitution to the victim; or 95.30 (g) perform any other activities or participate in any 95.31 other outpatient treatment programs deemed appropriate by the 95.32 court. 95.33 In all cases where the juvenile court finds that a child 95.34 has purchased or attempted to purchase an alcoholic beverage in 95.35 violation of section 340A.503, if the child has a driver's 95.36 license or permit to drive, and if the child used a driver's 96.1 license, permit or Minnesota identification card to purchase or 96.2 attempt to purchase the alcoholic beverage, the court shall 96.3 forward its finding in the case and the child's driver's license 96.4 or permit to the commissioner of public safety. Upon receipt, 96.5 the commissioner shall suspend the child's license or permit for 96.6 a period of 90 days. 96.7 In all cases where the juvenile court finds that a child 96.8 has purchased or attempted to purchase tobacco in violation of 96.9 section 609.685, subdivision 3, if the child has a driver's 96.10 license or permit to drive, and if the child used a driver's 96.11 license, permit, or Minnesota identification card to purchase or 96.12 attempt to purchase tobacco, the court shall forward its finding 96.13 in the case and the child's driver's license or permit to the 96.14 commissioner of public safety. Upon receipt, the commissioner 96.15 shall suspend the child's license or permit for a period of 90 96.16 days. 96.17 None of the dispositional alternatives described in clauses 96.18 (a) to (f) shall be imposed by the court in a manner which would 96.19 cause an undue hardship upon the child. [260.195, subd. 3] 96.20 Subd. 5. [ENHANCED DISPOSITIONS.] If the juvenile court 96.21 finds that a child has committed a second or subsequent juvenile 96.22 alcohol or controlled substance offense, the court may impose 96.23 any of the dispositional alternatives described in paragraphs 96.24 (a) to (c). If the juvenile court finds that a child has 96.25 committed a second or subsequent juvenile tobacco offense, the 96.26 court may impose any of the dispositional alternatives described 96.27 in paragraphs (a) to (c). 96.28 (a) The court may impose any of the dispositional 96.29 alternatives described in subdivision 3, clauses (a) to (f). 96.30 (b) If the adjudicated petty offender has a driver's 96.31 license or permit, the court may forward the license or permit 96.32 to the commissioner of public safety. The commissioner shall 96.33 revoke the petty offender's driver's license or permit until the 96.34 offender reaches the age of 18 years or for a period of one 96.35 year, whichever is longer. 96.36 (c) If the adjudicated petty offender has a driver's 97.1 license or permit, the court may suspend the driver's license or 97.2 permit for a period of up to 90 days, but may allow the offender 97.3 driving privileges as necessary to travel to and from work. 97.4 (d) If the adjudicated petty offender does not have a 97.5 driver's license or permit, the court may prepare an order of 97.6 denial of driving privileges. The order must provide that the 97.7 petty offender will not be granted driving privileges until the 97.8 offender reaches the age of 18 years or for a period of one 97.9 year, whichever is longer. The court shall forward the order to 97.10 the commissioner of public safety. The commissioner shall deny 97.11 the offender's eligibility for a driver's license under section 97.12 171.04, for the period stated in the court order. [260.195, 97.13 subd. 3a] 97.14 Subd. 6. [ALTERNATIVE DISPOSITION.] In addition to 97.15 dispositional alternatives authorized by subdivision 3, in the 97.16 case of a third or subsequent finding by the court pursuant to 97.17 an admission in court or after trial that a child has committed 97.18 a juvenile alcohol or controlled substance offense, the juvenile 97.19 court shall order a chemical dependency evaluation of the child 97.20 and if warranted by the evaluation, the court may order 97.21 participation by the child in an inpatient or outpatient 97.22 chemical dependency treatment program, or any other treatment 97.23 deemed appropriate by the court. [260.195, subd. 4] 97.24 Subd. 7. [FINDINGS REQUIRED.] Any order for disposition 97.25 authorized by this section shall contain written findings of 97.26 fact to support the disposition ordered, and shall also set 97.27 forth in writing the following information: 97.28 (a) Why the best interests of the child are served by the 97.29 disposition ordered; and 97.30 (b) What alternative dispositions were considered by the 97.31 court and why they were not appropriate in the instant case. 97.32 [260.195, subd. 5] 97.33 Subd. 8. [REPORT.] The juvenile court shall report to the 97.34 office of state court administrator each disposition made under 97.35 this section and section 260B.198 where placement is made 97.36 outside of this state's jurisdictional boundaries. Each report 98.1 shall contain information as to date of placement, length of 98.2 anticipated placement, program costs, reasons for out of state 98.3 placement, and any other information as the office requires to 98.4 determine the number of out of state placements, the reasons for 98.5 these placements, and the costs involved. The report shall not 98.6 contain the name of the child. Any information contained in the 98.7 reports relating to factors identifying a particular child is 98.8 confidential and may be disclosed only by order of the juvenile 98.9 court. Any person violating this subdivision as to release of 98.10 this confidential information is guilty of a misdemeanor. 98.11 [260.195, subd. 6] 98.12 Subd. 9. [EXPUNGEMENT.] The court may expunge the 98.13 adjudication of a child as a petty offender at any time it deems 98.14 advisable. [260.195, subd. 7] 98.15 Sec. 33. [260B.245] [EFFECT OF JUVENILE COURT 98.16 PROCEEDINGS.] 98.17 Subdivision 1. [EFFECT.] (a) No adjudication upon the 98.18 status of any child in the jurisdiction of the juvenile court 98.19 shall operate to impose any of the civil disabilities imposed by 98.20 conviction, nor shall any child be deemed a criminal by reason 98.21 of this adjudication, nor shall this adjudication be deemed a 98.22 conviction of crime, except as otherwise provided in this 98.23 section or section 260B.255. An extended jurisdiction juvenile 98.24 conviction shall be treated in the same manner as an adult 98.25 felony criminal conviction for purposes of the sentencing 98.26 guidelines. The disposition of the child or any evidence given 98.27 by the child in the juvenile court shall not be admissible as 98.28 evidence against the child in any case or proceeding in any 98.29 other court, except that an adjudication may later be used to 98.30 determine a proper sentence, nor shall the disposition or 98.31 evidence disqualify the child in any future civil service 98.32 examination, appointment, or application. 98.33 (b) A person who was adjudicated delinquent for, or 98.34 convicted as an extended jurisdiction juvenile of, a crime of 98.35 violence as defined in section 624.712, subdivision 5, is not 98.36 entitled to ship, transport, possess, or receive a firearm until 99.1 ten years have elapsed since the person was discharged and 99.2 during that time the person was not convicted of any other crime 99.3 of violence. A person who has received a relief of disability 99.4 under United States Code, title 18, section 925, is not subject 99.5 to the restrictions of this subdivision. [260.211, subd. 1] 99.6 Subd. 2. [CONSTRUCTION.] Nothing contained in this section 99.7 shall be construed to relate to subsequent proceedings in 99.8 juvenile court, nor shall preclude the juvenile court, under 99.9 circumstances other than those specifically prohibited in 99.10 subdivision 1, from disclosing information to qualified persons 99.11 if the court considers such disclosure to be in the best 99.12 interests of the child or of the administration of justice. 99.13 [260.211, subd. 2] 99.14 Sec. 34. [260B.255] [JUVENILE COURT DISPOSITION BARS 99.15 CRIMINAL PROCEEDING.] 99.16 Subdivision 1. [CERTAIN VIOLATIONS NOT CRIMES.] A 99.17 violation of a state or local law or ordinance by a child before 99.18 becoming 18 years of age is not a crime unless the juvenile 99.19 court: 99.20 (1) certifies the matter in accordance with the provisions 99.21 of section 260.125; 99.22 (2) transfers the matter to a court in accordance with the 99.23 provisions of section 260B.225; or 99.24 (3) convicts the child as an extended jurisdiction juvenile 99.25 and subsequently executes the adult sentence under section 99.26 260B.130, subdivision 5. [260.215, subd. 1] 99.27 Subd. 2. [PENALTY.] Except for matters referred to the 99.28 prosecuting authority under the provisions of this section or to 99.29 a court in accordance with the provisions of section 260B.225, 99.30 any peace officer knowingly bringing charges against a child in 99.31 a court other than a juvenile court for violating a state or 99.32 local law or ordinance is guilty of a misdemeanor. This 99.33 subdivision does not apply to complaints brought for the 99.34 purposes of extradition. [260.215, subd. 2] 99.35 Sec. 35. [260B.331] [COSTS OF CARE.] 99.36 Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a) (1) 100.1 Whenever legal custody of a child is transferred by the court to 100.2 a local social services agency, or 100.3 (2) whenever legal custody is transferred to a person other 100.4 than the local social services agency, but under the supervision 100.5 of the local social services agency, 100.6 (3) whenever a child is given physical or mental 100.7 examinations or treatment under order of the court, and no 100.8 provision is otherwise made by law for payment for the care, 100.9 examination, or treatment of the child, these costs are a charge 100.10 upon the welfare funds of the county in which proceedings are 100.11 held upon certification of the judge of juvenile court. 100.12 (b) The court shall order, and the local social services 100.13 agency shall require, the parents or custodian of a child, while 100.14 the child is under the age of 18, to use the total income and 100.15 resources attributable to the child for the period of care, 100.16 examination, or treatment, except for clothing and personal 100.17 needs allowance as provided in section 256B.35, to reimburse the 100.18 county for the cost of care, examination, or treatment. Income 100.19 and resources attributable to the child include, but are not 100.20 limited to, social security benefits, supplemental security 100.21 income (SSI), veterans benefits, railroad retirement benefits 100.22 and child support. When the child is over the age of 18, and 100.23 continues to receive care, examination, or treatment, the court 100.24 shall order, and the local social services agency shall require, 100.25 reimbursement from the child for the cost of care, examination, 100.26 or treatment from the income and resources attributable to the 100.27 child less the clothing and personal needs allowance. 100.28 (c) If the income and resources attributable to the child 100.29 are not enough to reimburse the county for the full cost of the 100.30 care, examination, or treatment, the court shall inquire into 100.31 the ability of the parents to support the child and, after 100.32 giving the parents a reasonable opportunity to be heard, the 100.33 court shall order, and the local social services agency shall 100.34 require, the parents to contribute to the cost of care, 100.35 examination, or treatment of the child. Except in delinquency 100.36 cases where the victim is a member of the child's immediate 101.1 family, when determining the amount to be contributed by the 101.2 parents, the court shall use a fee schedule based upon ability 101.3 to pay that is established by the local social services agency 101.4 and approved by the commissioner of human services. In 101.5 delinquency cases where the victim is a member of the child's 101.6 immediate family, the court shall use the fee schedule, but may 101.7 also take into account the seriousness of the offense and any 101.8 expenses which the parents have incurred as a result of the 101.9 offense. The income of a stepparent who has not adopted a child 101.10 shall be excluded in calculating the parental contribution under 101.11 this section. 101.12 (d) The court shall order the amount of reimbursement 101.13 attributable to the parents or custodian, or attributable to the 101.14 child, or attributable to both sources, withheld under chapter 101.15 518 from the income of the parents or the custodian of the 101.16 child. A parent or custodian who fails to pay without good 101.17 reason may be proceeded against for contempt, or the court may 101.18 inform the county attorney, who shall proceed to collect the 101.19 unpaid sums, or both procedures may be used. 101.20 (e) If the court orders a physical or mental examination 101.21 for a child, the examination is a medically necessary service 101.22 for purposes of determining whether the service is covered by a 101.23 health insurance policy, health maintenance contract, or other 101.24 health coverage plan. Court-ordered treatment shall be subject 101.25 to policy, contract, or plan requirements for medical 101.26 necessity. Nothing in this paragraph changes or eliminates 101.27 benefit limits, conditions of coverage, copayments or 101.28 deductibles, provider restrictions, or other requirements in the 101.29 policy, contract, or plan that relate to coverage of other 101.30 medically necessary services. [260.251, subd. 1] 101.31 Subd. 2. [COST OF GROUP FOSTER CARE.] Whenever a child is 101.32 placed in a group foster care facility as provided in section 101.33 260B.198, subdivision 1, clause (b) or (c), item (5), the cost 101.34 of providing the care shall, upon certification by the juvenile 101.35 court, be paid from the welfare fund of the county in which the 101.36 proceedings were held. To reimburse the counties for the costs 102.1 of providing group foster care for delinquent children and to 102.2 promote the establishment of suitable group foster homes, the 102.3 state shall quarterly, from funds appropriated for that purpose, 102.4 reimburse counties 50 percent of the costs not paid by federal 102.5 and other available state aids and grants. Reimbursement shall 102.6 be prorated if the appropriation is insufficient. 102.7 The commissioner of corrections shall establish procedures 102.8 for reimbursement and certify to the commissioner of finance 102.9 each county entitled to receive state aid under the provisions 102.10 of this subdivision. Upon receipt of a certificate the 102.11 commissioner of finance shall issue a state warrant to the 102.12 county treasurer for the amount due, together with a copy of the 102.13 certificate prepared by the commissioner of corrections. 102.14 [260.251, subd. 1a (omitting child protection-related text)] 102.15 Subd. 3. [COURT EXPENSES.] The following expenses are a 102.16 charge upon the county in which proceedings are held upon 102.17 certification of the judge of juvenile court or upon such other 102.18 authorization provided by law: 102.19 (a) The fees and mileage of witnesses, and the expenses and 102.20 mileage of officers serving notices and subpoenas ordered by the 102.21 court, as prescribed by law. 102.22 (b) The expenses for travel and board of the juvenile court 102.23 judge when holding court in places other than the county seat. 102.24 (c) The expense of transporting a child to a place 102.25 designated by a child-placing agency for the care of the child 102.26 if the court transfers legal custody to a child-placing agency. 102.27 (d) The expense of transporting a minor to a place 102.28 designated by the court. 102.29 (e) Reasonable compensation for an attorney appointed by 102.30 the court to serve as counsel or guardian ad litem. [260.251, 102.31 subd. 2] 102.32 Subd. 4. [LEGAL SETTLEMENT.] The county charged with the 102.33 costs and expenses under subdivisions 1 and 2 may recover these 102.34 costs and expenses from the county where the minor has legal 102.35 settlement for general assistance purposes by filing verified 102.36 claims which shall be payable as are other claims against the 103.1 county. A detailed statement of the facts upon which the claim 103.2 is based shall accompany the claim. If a dispute relating to 103.3 general assistance settlement arises, the local social services 103.4 agency of the county denying legal settlement shall send a 103.5 detailed statement of the facts upon which the claim is denied 103.6 together with a copy of the detailed statement of the facts upon 103.7 which the claim is based to the commissioner of human services. 103.8 The commissioner shall immediately investigate and determine the 103.9 question of general assistance settlement and shall certify 103.10 findings to the local social services agency of each county. 103.11 The decision of the commissioner is final and shall be complied 103.12 with unless, within 30 days thereafter, action is taken in 103.13 district court as provided in section 256.045. [260.251, subd. 103.14 3] 103.15 Subd. 5. [ATTORNEYS FEES.] In proceedings in which the 103.16 court has appointed counsel pursuant to section 260B.163, 103.17 subdivision 4, for a minor unable to employ counsel, the court 103.18 may inquire into the ability of the parents to pay for such 103.19 counsel's services and, after giving the parents a reasonable 103.20 opportunity to be heard, may order the parents to pay attorneys 103.21 fees. [260.251, subd. 4] 103.22 Subd. 6. [GUARDIAN AD LITEM FEES.] In proceedings in which 103.23 the court appoints a guardian ad litem pursuant to section 103.24 260B.163, subdivision 6, clause (a), the court may inquire into 103.25 the ability of the parents to pay for the guardian ad litem's 103.26 services and, after giving the parents a reasonable opportunity 103.27 to be heard, may order the parents to pay guardian fees. 103.28 [260.251, subd. 5] 103.29 Sec. 36. [260B.335] [JURISDICTION OVER PERSONS 103.30 CONTRIBUTING TO DELINQUENCY; COURT ORDERS.] 103.31 Subdivision 1. [JURISDICTION.] The juvenile court has 103.32 jurisdiction over persons contributing to the delinquency of a 103.33 child under the provisions of subdivision 2 or 3. [260.255, 103.34 subd. 1 (omitting child protection-related text)] 103.35 Subd. 2. [ORDERS.] If in the hearing of a case of a child 103.36 alleged to be delinquent, it appears by a fair preponderance of 104.1 the evidence that any person has violated the provisions of 104.2 section 260B.425, the court may make any of the following orders: 104.3 (1) restrain the person from any further act or omission in 104.4 violation of section 260B.425; or 104.5 (2) prohibit the person from associating or communicating 104.6 in any manner with the child; or 104.7 (3) provide for the maintenance or care of the child, if 104.8 the person is responsible for such, and direct when, how, and 104.9 where money for such maintenance or care shall be paid. 104.10 [260.255, subd. 2 (omitting child protection-related text)] 104.11 Subd. 3. [ORDER TO SHOW CAUSE.] Before making any order 104.12 under subdivision 2 the court shall issue an order to show 104.13 cause, either upon its own motion or upon a verified petition, 104.14 specifying the charges made against the person and fixing the 104.15 time and place of the hearing. The order to show cause shall be 104.16 served personally and shall be heard in the same manner as 104.17 provided in other cases in the juvenile court. [260.255, subd. 104.18 3] 104.19 Sec. 37. [260B.401] [JURISDICTION OF CERTAIN JUVENILE 104.20 COURTS OVER OFFENSE OF CONTRIBUTING TO DELINQUENCY.] 104.21 In counties having a population of over 200,000 the 104.22 juvenile court has jurisdiction of the offenses described in 104.23 section 260B.425. Prosecutions hereunder shall be begun by 104.24 complaint duly verified and filed in the juvenile court of the 104.25 county. The court may impose conditions upon a defendant who is 104.26 found guilty and, so long as the defendant complies with these 104.27 conditions to the satisfaction of the court, the sentence 104.28 imposed may be suspended. [260.261] 104.29 Sec. 38. [260B.411] [NEW EVIDENCE.] 104.30 A child whose status has been adjudicated by a juvenile 104.31 court, or the child's parent, guardian, custodian or spouse may, 104.32 at any time within 15 days of the filing of the court's order, 104.33 petition the court for a rehearing on the ground that new 104.34 evidence has been discovered affecting the advisability of the 104.35 court's original adjudication or disposition. Upon a showing 104.36 that such evidence does exist the court shall order that a new 105.1 hearing be held within 30 days, unless the court extends this 105.2 time period for good cause shown within the 30-day period, and 105.3 shall make such disposition of the case as the facts and the 105.4 best interests of the child warrant. [260.281] 105.5 Sec. 39. [260B.415] [APPEAL.] 105.6 Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 105.7 (a) An appeal may be taken by the aggrieved person from a final 105.8 order of the juvenile court affecting a substantial right of the 105.9 aggrieved person, including, but not limited to, an order 105.10 adjudging a child to be delinquent or a juvenile traffic 105.11 offender. The appeal shall be taken within 30 days of the 105.12 filing of the appealable order. The court administrator shall 105.13 notify the person having legal custody of the minor of the 105.14 appeal. Failure to notify the person having legal custody of 105.15 the minor shall not affect the jurisdiction of the appellate 105.16 court. The order of the juvenile court shall stand, pending the 105.17 determination of the appeal, but the reviewing court may in its 105.18 discretion and upon application stay the order. 105.19 (b) An appeal may be taken by an aggrieved person from an 105.20 order of the juvenile court on the issue of certification of a 105.21 matter for prosecution under the laws and court procedures 105.22 controlling adult criminal violations. Certification appeals 105.23 shall be expedited as provided by applicable rules. [260.291, 105.24 subd. 1 (omitting child protection-related text)] 105.25 Subd. 2. [APPEAL.] The appeal from a juvenile court is 105.26 taken to the court of appeals as in civil cases, except as 105.27 provided in subdivision 1. [260.291, subd. 2] 105.28 Sec. 40. [260B.421] [CONTEMPT.] 105.29 Any person knowingly interfering with an order of the 105.30 juvenile court is in contempt of court. However, a child who is 105.31 under the continuing jurisdiction of the court for reasons other 105.32 than having committed a delinquent act or a juvenile petty 105.33 offense may not be adjudicated as a delinquent solely on the 105.34 basis of having knowingly interfered with or disobeyed an order 105.35 of the court. [260.301] 105.36 Sec. 41. [260B.425] [CONTRIBUTING TO DELINQUENCY OR 106.1 JUVENILE PETTY OFFENDER STATUS.] 106.2 Any person who by act, word, or omission encourages, 106.3 causes, or contributes to the delinquency of a child or to a 106.4 child's status as a juvenile petty offender is guilty of a 106.5 misdemeanor. This section does not apply to licensed social 106.6 service agencies and outreach workers who, while acting within 106.7 the scope of their professional duties, provide services to 106.8 runaway children. [260.315 (omitting child protection-related 106.9 text)] 106.10 Sec. 42. [260B.441] [COST, PAYMENT.] 106.11 In addition to the usual care and services given by public 106.12 and private agencies, the necessary cost incurred by the 106.13 commissioner of human services in providing care for such child 106.14 shall be paid by the county committing such child which, subject 106.15 to uniform rules established by the commissioner of human 106.16 services, may receive a reimbursement not exceeding one-half of 106.17 such costs from funds made available for this purpose by the 106.18 legislature during the period beginning July 1, 1985, and ending 106.19 December 31, 1985. Beginning January 1, 1986, the necessary 106.20 cost incurred by the commissioner of human services in providing 106.21 care for the child must be paid by the county committing the 106.22 child. Where such child is eligible to receive a grant of aid 106.23 to families with dependent children, Minnesota family investment 106.24 program-statewide or supplemental security income for the aged, 106.25 blind, and disabled, or a foster care maintenance payment under 106.26 title IV-E of the Social Security Act, United States Code, title 106.27 42, sections 670 to 676, the child's needs shall be met through 106.28 these programs. [260.38] 106.29 Sec. 43. [260B.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 106.30 ASSISTANCE FURNISHED.] 106.31 When any amount shall be recovered from any source for 106.32 assistance furnished under the provisions of sections 260B.001 106.33 to 260B.446, there shall be paid into the treasury of the state 106.34 or county in the proportion in which they have respectively 106.35 contributed toward the total assistance paid. [260.39] 106.36 ARTICLE 3 107.1 CHILD PROTECTION PROVISIONS 107.2 Section 1. [260C.001] [TITLE, INTENT, AND CONSTRUCTION.] 107.3 Subdivision 1. [CITATION.] Sections 260C.001 to 260C.451 107.4 may be cited as the child protection provisions of the Juvenile 107.5 Court Act. [260.011, subd. 1] 107.6 Subd. 2. [CHILDREN IN NEED OF PROTECTION OR SERVICES.] The 107.7 paramount consideration in all proceedings concerning a child 107.8 alleged or found to be in need of protection or services is the 107.9 best interests of the child. In proceedings involving an 107.10 American Indian child, as defined in section 260.755, 107.11 subdivision 8, the best interests of the child must be 107.12 determined consistent with sections 260.751 to 260.835 and the 107.13 Indian Child Welfare Act, United States Code, title 25, sections 107.14 1901 to 1923. The purpose of the laws relating to juvenile 107.15 courts is to secure for each child alleged or adjudicated in 107.16 need of protection or services and under the jurisdiction of the 107.17 court, the care and guidance, preferably in the child's own 107.18 home, as will best serve the spiritual, emotional, mental, and 107.19 physical welfare of the child; to provide judicial procedures 107.20 which protect the welfare of the child; to preserve and 107.21 strengthen the child's family ties whenever possible and in the 107.22 child's best interests, removing the child from the custody of 107.23 parents only when the child's welfare or safety cannot be 107.24 adequately safeguarded without removal; and, when removal from 107.25 the child's own family is necessary and in the child's best 107.26 interests, to secure for the child custody, care and discipline 107.27 as nearly as possible equivalent to that which should have been 107.28 given by the parents. [260.011, subd. 2, para (a)] 107.29 Subd. 3. [TERMINATION OF PARENTAL RIGHTS.] The purpose of 107.30 the laws relating to termination of parental rights is to ensure 107.31 that: 107.32 (1) reasonable efforts have been made by the social service 107.33 agency to reunite the child with the child's parents in a 107.34 placement that is safe and permanent; and 107.35 (2) if placement with the parents is not reasonably 107.36 foreseeable, to secure for the child a safe and permanent 108.1 placement, preferably with adoptive parents. 108.2 The paramount consideration in all proceedings for the 108.3 termination of parental rights is the best interests of the 108.4 child. In proceedings involving an American Indian child, as 108.5 defined in section 260.755, subdivision 8, the best interests of 108.6 the child must be determined consistent with the Indian Child 108.7 Welfare Act of 1978, United States Code, title 25, section 1901, 108.8 et seq. [260.011, subd. 2, para (b)] 108.9 Subd. 4. [CONSTRUCTION.] The laws relating to the child 108.10 protection provisions of the juvenile courts shall be liberally 108.11 construed to carry out these purposes. [260.011, subd. 2, para 108.12 (d)] 108.13 Sec. 2. [260C.007] [DEFINITIONS.] 108.14 Subdivision 1. [SCOPE.] As used in this chapter, the terms 108.15 defined in this section have the same meanings given to them. 108.16 [260.015, subd. 1] 108.17 Subd. 2. [AGENCY.] "Agency" means the local social service 108.18 agency or a licensed child-placing agency. [260.015, subd. 1a] 108.19 Subd. 3. [CHILD.] "Child" means an individual under 18 108.20 years of age. [260.015, subd. 2 (omitting delinquency-related 108.21 text)] 108.22 Subd. 4. [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 108.23 in need of protection or services" means a child who is in need 108.24 of protection or services because the child: 108.25 (1) is abandoned or without parent, guardian, or custodian; 108.26 (2)(i) has been a victim of physical or sexual abuse, (ii) 108.27 resides with or has resided with a victim of domestic child 108.28 abuse as defined in subdivision 20, (iii) resides with or would 108.29 reside with a perpetrator of domestic child abuse or child abuse 108.30 as defined in subdivision 24, or (iv) is a victim of emotional 108.31 maltreatment as defined in subdivision 5a; 108.32 (3) is without necessary food, clothing, shelter, 108.33 education, or other required care for the child's physical or 108.34 mental health or morals because the child's parent, guardian, or 108.35 custodian is unable or unwilling to provide that care; 108.36 (4) is without the special care made necessary by a 109.1 physical, mental, or emotional condition because the child's 109.2 parent, guardian, or custodian is unable or unwilling to provide 109.3 that care; 109.4 (5) is medically neglected, which includes, but is not 109.5 limited to, the withholding of medically indicated treatment 109.6 from a disabled infant with a life-threatening condition. The 109.7 term "withholding of medically indicated treatment" means the 109.8 failure to respond to the infant's life-threatening conditions 109.9 by providing treatment, including appropriate nutrition, 109.10 hydration, and medication which, in the treating physician's or 109.11 physicians' reasonable medical judgment, will be most likely to 109.12 be effective in ameliorating or correcting all conditions, 109.13 except that the term does not include the failure to provide 109.14 treatment other than appropriate nutrition, hydration, or 109.15 medication to an infant when, in the treating physician's or 109.16 physicians' reasonable medical judgment: 109.17 (i) the infant is chronically and irreversibly comatose; 109.18 (ii) the provision of the treatment would merely prolong 109.19 dying, not be effective in ameliorating or correcting all of the 109.20 infant's life-threatening conditions, or otherwise be futile in 109.21 terms of the survival of the infant; or 109.22 (iii) the provision of the treatment would be virtually 109.23 futile in terms of the survival of the infant and the treatment 109.24 itself under the circumstances would be inhumane; 109.25 (6) is one whose parent, guardian, or other custodian for 109.26 good cause desires to be relieved of the child's care and 109.27 custody; 109.28 (7) has been placed for adoption or care in violation of 109.29 law; 109.30 (8) is without proper parental care because of the 109.31 emotional, mental, or physical disability, or state of 109.32 immaturity of the child's parent, guardian, or other custodian; 109.33 (9) is one whose behavior, condition, or environment is 109.34 such as to be injurious or dangerous to the child or others. An 109.35 injurious or dangerous environment may include, but is not 109.36 limited to, the exposure of a child to criminal activity in the 110.1 child's home; 110.2 (10) has committed a delinquent act before becoming ten 110.3 years old; 110.4 (11) is a runaway; 110.5 (12) is an habitual truant; 110.6 (13) has been found incompetent to proceed or has been 110.7 found not guilty by reason of mental illness or mental 110.8 deficiency in connection with a delinquency proceeding, a 110.9 certification under section 260B.125, an extended jurisdiction 110.10 juvenile prosecution, or a proceeding involving a juvenile petty 110.11 offense; or 110.12 (14) is one whose custodial parent's parental rights to 110.13 another child have been involuntarily terminated within the past 110.14 five years. [260.015, subd. 2a] 110.15 Subd. 5. [CHILD-PLACING AGENCY.] "Child-placing agency" 110.16 means anyone licensed under sections 245A.01 to 245A.16 and 110.17 252.28, subdivision 2. [260.015, subd. 3] 110.18 Subd. 6. [COURT.] "Court" means juvenile court unless 110.19 otherwise specified in this section. [260.015, subd. 4] 110.20 Subd. 7. [DELINQUENT CHILD.] "Delinquent child" means a 110.21 child: 110.22 (1) who has violated any state or local law, except as 110.23 provided in section 260B.225, subdivision 1, and except for 110.24 juvenile offenders as described in subdivisions 18 and 19; or 110.25 (2) who has violated a federal law or a law of another 110.26 state and whose case has been referred to the juvenile court if 110.27 the violation would be an act of delinquency if committed in 110.28 this state or a crime or offense if committed by an adult. 110.29 [260.015, subd. 5 (omitting delinquency-related text)] 110.30 Subd. 8. [EMOTIONAL MALTREATMENT.] "Emotional 110.31 maltreatment" means the consistent, deliberate infliction of 110.32 mental harm on a child by a person responsible for the child's 110.33 care, that has an observable, sustained, and adverse effect on 110.34 the child's physical, mental, or emotional development. 110.35 "Emotional maltreatment" does not include reasonable training or 110.36 discipline administered by the person responsible for the 111.1 child's care or the reasonable exercise of authority by that 111.2 person. [260.015, subd. 5a] 111.3 Subd. 9. [FOSTER CARE.] "Foster care" means the 24 hour a 111.4 day care of a child in any facility which for gain or otherwise 111.5 regularly provides one or more children, when unaccompanied by 111.6 their parents, with a substitute for the care, food, lodging, 111.7 training, education, supervision or treatment they need but 111.8 which for any reason cannot be furnished by their parents or 111.9 legal guardians in their homes. [260.015, subd. 7] 111.10 Subd. 10. [LEGAL CUSTODY.] "Legal custody" means the right 111.11 to the care, custody, and control of a child who has been taken 111.12 from a parent by the court in accordance with the provisions of 111.13 section 260C.201 or 260C.317. The expenses of legal custody are 111.14 paid in accordance with the provisions of section 260C.331. 111.15 [260.015, subd. 8 (omitting delinquency-related text)] 111.16 Subd. 11. [MINOR.] "Minor" means an individual under 18 111.17 years of age. [260.015, subd. 9] 111.18 Subd. 12. [PARENT.] "Parent" means the birth or adoptive 111.19 parent of a minor. For an Indian child, parent includes any 111.20 Indian person who has adopted a child by tribal law or custom, 111.21 as provided in section 260.755, subdivision 14. [260.015, subd. 111.22 11] 111.23 Subd. 13. [PERSON.] "Person" includes any individual, 111.24 association, corporation, partnership, and the state or any of 111.25 its political subdivisions, departments, or agencies. [260.015, 111.26 subd. 12] 111.27 Subd. 14. [RELATIVE.] "Relative" means a parent, 111.28 stepparent, grandparent, brother, sister, uncle, or aunt of the 111.29 minor. This relationship may be by blood or marriage. For an 111.30 Indian child, relative includes members of the extended family 111.31 as defined by the law or custom of the Indian child's tribe or, 111.32 in the absence of laws or custom, nieces, nephews, or first or 111.33 second cousins, as provided in the Indian Child Welfare Act of 111.34 1978, United States Code, title 25, section 1903. For purposes 111.35 of dispositions, relative has the meaning given in section 111.36 260.181, subdivision 3. [260.015, subd. 13] 112.1 Subd. 15. [CUSTODIAN.] "Custodian" means any person who is 112.2 under a legal obligation to provide care and support for a minor 112.3 or who is in fact providing care and support for a minor. This 112.4 subdivision does not impose upon persons who are not otherwise 112.5 legally responsible for providing a child with necessary food, 112.6 clothing, shelter, education, or medical care a duty to provide 112.7 that care. For an Indian child, custodian means any Indian 112.8 person who has legal custody of an Indian child under tribal law 112.9 or custom or under state law or to whom temporary physical care, 112.10 custody, and control has been transferred by the parent of the 112.11 child, as provided in section 260.755, subdivision 10. 112.12 [260.015, subd. 14] 112.13 Subd. 16. [SHELTER CARE FACILITY.] "Shelter care facility" 112.14 means a physically unrestricting facility, such as but not 112.15 limited to, a hospital, a group home or a licensed facility for 112.16 foster care, used for the temporary care of a child pending 112.17 court action. [260.015, subd. 17] 112.18 Subd. 17. [NEGLECTED AND IN FOSTER CARE.] "Neglected and 112.19 in foster care" means a child 112.20 (a) Who has been placed in foster care by court order; and 112.21 (b) Whose parents' circumstances, condition, or conduct are 112.22 such that the child cannot be returned to them; and 112.23 (c) Whose parents, despite the availability of needed 112.24 rehabilitative services, have failed to make reasonable efforts 112.25 to adjust their circumstances, condition or conduct, or have 112.26 willfully failed to meet reasonable expectations with regard to 112.27 visiting the child or providing financial support for the child. 112.28 [260.015, subd. 18] 112.29 Subd. 18. [HABITUAL TRUANT.] "Habitual truant" means a 112.30 child under the age of 16 years who is absent from attendance at 112.31 school without lawful excuse for seven school days if the child 112.32 is in elementary school or for one or more class periods on 112.33 seven school days if the child is in middle school, junior high 112.34 school, or high school. [260.015, subd. 19] 112.35 Subd. 19. [RUNAWAY.] "Runaway" means an unmarried child 112.36 under the age of 18 years who is absent from the home of a 113.1 parent or other lawful placement without the consent of the 113.2 parent, guardian, or lawful custodian. [260.015, subd. 20] 113.3 Subd. 20. [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 113.4 means: 113.5 (1) any physical injury to a minor family or household 113.6 member inflicted by an adult family or household member other 113.7 than by accidental means; or 113.8 (2) subjection of a minor family or household member by an 113.9 adult family or household member to any act which constitutes a 113.10 violation of sections 609.321 to 609.324, 609.342, 609.343, 113.11 609.344, 609.345, or 617.246. [260.015, subd. 24] 113.12 Subd. 21. [FAMILY OR HOUSEHOLD MEMBERS.] "Family or 113.13 household members" means spouses, former spouses, parents and 113.14 children, persons related by blood, and persons who are 113.15 presently residing together or who have resided together in the 113.16 past, and persons who have a child in common regardless of 113.17 whether they have been married or have lived together at any 113.18 time. [260.015, subd. 25] 113.19 Subd. 22. [INDIAN.] "Indian," consistent with section 113.20 260.755, subdivision 7, means a person who is a member of an 113.21 Indian tribe or who is an Alaskan native and a member of a 113.22 regional corporation as defined in section 7 of the Alaska 113.23 Native Claims Settlement Act, United States Code, title 43, 113.24 section 1606. [260.015, subd. 26] 113.25 Subd. 23. [INDIAN CHILD.] "Indian child," consistent with 113.26 section 260.755, subdivision 8, means an unmarried person who is 113.27 under age 18 and is: 113.28 (1) a member of an Indian tribe; or 113.29 (2) eligible for membership in an Indian tribe. [260.015, 113.30 subd. 27] 113.31 Subd. 24. [CHILD ABUSE.] "Child abuse" means an act that 113.32 involves a minor victim and that constitutes a violation of 113.33 section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 113.34 609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 113.35 609.378, or 617.246. [260.015, subd. 28] 113.36 Subd. 25. [EGREGIOUS HARM.] "Egregious harm" means the 114.1 infliction of bodily harm to a child or neglect of a child which 114.2 demonstrates a grossly inadequate ability to provide minimally 114.3 adequate parental care. The egregious harm need not have 114.4 occurred in the state or in the county where a termination of 114.5 parental rights action is otherwise properly venued. Egregious 114.6 harm includes, but is not limited to: 114.7 (1) conduct towards a child that constitutes a violation of 114.8 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 114.9 any other similar law of any other state; 114.10 (2) the infliction of "substantial bodily harm" to a child, 114.11 as defined in section 609.02, subdivision 8; 114.12 (3) conduct towards a child that constitutes felony 114.13 malicious punishment of a child under section 609.377; 114.14 (4) conduct towards a child that constitutes felony 114.15 unreasonable restraint of a child under section 609.255, 114.16 subdivision 3; 114.17 (5) conduct towards a child that constitutes felony neglect 114.18 or endangerment of a child under section 609.378; 114.19 (6) conduct towards a child that constitutes assault under 114.20 section 609.221, 609.222, or 609.223; 114.21 (7) conduct towards a child that constitutes solicitation, 114.22 inducement, or promotion of prostitution under section 609.322; 114.23 (8) conduct towards a child that constitutes receiving 114.24 profit derived from prostitution under section 609.323; or 114.25 (9) conduct toward a child that constitutes a violation of 114.26 United States Code, title 18, section 1111(a) or 1112(a). 114.27 [260.015, subd. 29] 114.28 Sec. 3. [260C.050] [EXPERT ASSISTANCE.] 114.29 In any county the court may provide for the physical and 114.30 mental diagnosis of cases of minors who are believed to be 114.31 physically handicapped, mentally ill, or mentally retarded, and 114.32 for such purpose may appoint professionally qualified persons, 114.33 whose compensation shall be fixed by the judge with the approval 114.34 of the county board. [260.092] 114.35 Sec. 4. [260C.101] [JURISDICTION.] 114.36 Subdivision 1. [CHILDREN IN NEED OF PROTECTION OR 115.1 SERVICES, OR NEGLECTED AND IN FOSTER CARE.] The juvenile court 115.2 has original and exclusive jurisdiction in proceedings 115.3 concerning any child who is alleged to be in need of protection 115.4 or services, or neglected and in foster care. [260.111, subd. 1 115.5 (omitting delinquency-related text)] 115.6 Subd. 2. [JURISDICTION OVER OTHER MATTERS RELATING TO 115.7 CHILDREN.] Except as provided in clause (d), the juvenile court 115.8 has original and exclusive jurisdiction in proceedings 115.9 concerning: 115.10 (a) The termination of parental rights to a child in 115.11 accordance with the provisions of sections 260C.301 to 260C.328. 115.12 (b) The appointment and removal of a juvenile court 115.13 guardian of the person for a child, where parental rights have 115.14 been terminated under the provisions of sections 260C.301 to 115.15 260C.328. 115.16 (c) Judicial consent to the marriage of a child when 115.17 required by law. 115.18 (d) The review of the foster care status of a child who has 115.19 been placed in a residential facility, as defined in section 115.20 260C.212, subdivision 1, pursuant to a voluntary release by the 115.21 child's parent or parents. [260.111, subd. 2 (omitting 115.22 delinquency-related text)] 115.23 Subd. 3. [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 115.24 CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 115.25 concerning any alleged acts of domestic child abuse. In a 115.26 jurisdiction which utilizes referees in child in need of 115.27 protection or services matters, the court or judge may refer 115.28 actions under this subdivision to a referee to take and report 115.29 the evidence in the action. If the respondent does not appear 115.30 after service is duly made and proved, the court may hear and 115.31 determine the proceeding as a default matter. Proceedings under 115.32 this subdivision shall be given docket priority by the court. 115.33 [260.111, subd. 3] 115.34 Subd. 4. [JURISDICTION OVER PARENTS AND GUARDIANS.] A 115.35 parent, guardian, or custodian of a child who is subject to the 115.36 jurisdiction of the court is also subject to the jurisdiction of 116.1 the court in any matter in which that parent, guardian, or 116.2 custodian has a right to notice under section 260C.151 or 116.3 260C.152, or the right to participate under section 260.155. In 116.4 any proceeding concerning a child alleged to be in need of 116.5 protection or services, the court has jurisdiction over a 116.6 parent, guardian, or custodian for the purposes of a disposition 116.7 order issued under section 260C.201, subdivision 6. [260.111, 116.8 subd. 4] 116.9 Subd. 5. [JURISDICTION OVER INDIAN CHILDREN.] In a child 116.10 in need of protection or services proceeding, when an Indian 116.11 child is a ward of a tribal court with federally recognized 116.12 child welfare jurisdiction, the Indian tribe retains exclusive 116.13 jurisdiction notwithstanding the residence or domicile of an 116.14 Indian child, as provided in the Indian Child Welfare Act of 116.15 1978, United States Code, title 25, section 1911. [260.111, 116.16 subd. 5] 116.17 Sec. 5. [260C.121] [VENUE.] 116.18 Subdivision 1. [VENUE.] When it is alleged that a child is 116.19 in need of protection or services, venue may be in the county 116.20 where the child is found, in the county of residence, or in the 116.21 county where the alleged conditions causing the child's need for 116.22 protection or services occurred. [260.121, subd. 1 (omitting 116.23 delinquency-related text)] 116.24 Subd. 2. [TRANSFER.] The judge of the juvenile court may 116.25 transfer any proceedings brought under section 260C.101, except 116.26 adoptions, to the juvenile court of a county having venue as 116.27 provided in subdivision 1, at any stage of the proceedings and 116.28 in the following manner. When it appears that the best 116.29 interests of the child, society, or the convenience of 116.30 proceedings will be served by a transfer, the court may transfer 116.31 the case to the juvenile court of the county of the child's 116.32 residence. The court transfers the case by ordering a 116.33 continuance and by forwarding to the court administrator of the 116.34 appropriate juvenile court a certified copy of all papers filed, 116.35 together with an order of transfer. The judge of the receiving 116.36 court may accept the findings of the transferring court or may 117.1 direct the filing of a new petition or notice under section 117.2 260C.143 and hear the case anew. [260.121, subd. 2 (omitting 117.3 delinquency-related text)] 117.4 Subd. 3. [RESIDENT OF ANOTHER STATE.] If it appears at any 117.5 stage of the proceeding that a child before the court is a 117.6 resident of another state, the court may invoke the provisions 117.7 of the interstate compact on juveniles or, if it is in the best 117.8 interests of the child or the public to do so, the court may 117.9 place the child in the custody of the child's parent, guardian, 117.10 or custodian, if the parent, guardian, or custodian agrees to 117.11 accept custody of the child and return the child to their state. 117.12 [260.121, subd. 3 (omitting delinquency-related text)] 117.13 Sec. 6. [260C.141] [PETITION.] 117.14 Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] (a) Any 117.15 reputable person, including but not limited to any agent of the 117.16 commissioner of human services, having knowledge of a child in 117.17 this state or of a child who is a resident of this state, who 117.18 appears to be in need of protection or services or neglected and 117.19 in foster care, may petition the juvenile court in the manner 117.20 provided in this section. 117.21 (b) A petition for a child in need of protection filed by 117.22 an individual who is not a county attorney or an agent of the 117.23 commissioner of human services shall be filed on a form 117.24 developed by the state court administrator and provided to court 117.25 administrators. Copies of the form may be obtained from the 117.26 court administrator in each county. The court administrator 117.27 shall review the petition before it is filed to determine that 117.28 it is completed. The court administrator may reject the 117.29 petition if it does not indicate that the petitioner has 117.30 contacted the local social service agency. 117.31 An individual may file a petition under this subdivision 117.32 without seeking internal review of the local social service 117.33 agency's decision. The court shall determine whether there is 117.34 probable cause to believe that a need for protection or services 117.35 exists before the matter is set for hearing. If the matter is 117.36 set for hearing, the court administrator shall notify the local 118.1 social service agency by sending notice to the county attorney. 118.2 The petition must contain: 118.3 (1) a statement of facts that would establish, if proven, 118.4 that there is a need for protection or services for the child 118.5 named in the petition; 118.6 (2) a statement that petitioner has reported the 118.7 circumstances underlying the petition to the local social 118.8 service agency, and protection or services were not provided to 118.9 the child; 118.10 (3) a statement whether there are existing juvenile or 118.11 family court custody orders or pending proceedings in juvenile 118.12 or family court concerning the child; and 118.13 (4) a statement of the relationship of the petitioner to 118.14 the child and any other parties. 118.15 The court may not allow a petition to proceed under this 118.16 paragraph if it appears that the sole purpose of the petition is 118.17 to modify custody between the parents. [260.131, subd. 1 118.18 (omitting delinquency-related text)] 118.19 Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social 118.20 service agency responsible for the placement of a child in a 118.21 residential facility, as defined in section 260C.212, 118.22 subdivision 1, pursuant to a voluntary release by the child's 118.23 parent or parents may bring a petition in juvenile court to 118.24 review the foster care status of the child in the manner 118.25 provided in this section. [260.131, subd. 1a] 118.26 Subd. 3. [CHILD IN NEED OF PROTECTION OR SERVICES; 118.27 HABITUAL TRUANT.] If there is a school attendance review board 118.28 or county attorney mediation program operating in the child's 118.29 school district, a petition alleging that a child is in need of 118.30 protection or services as a habitual truant under section 118.31 260C.007, subdivision 4, clause (12), may not be filed until the 118.32 applicable procedures under section 260A.06 or 260A.07 have been 118.33 exhausted. [260.131, subd. 1b] 118.34 Subd. 4. [VERIFICATION OF PETITION.] The petition shall be 118.35 verified by the person having knowledge of the facts and may be 118.36 on information and belief. Unless otherwise provided by this 119.1 section or by rule or order of the court, the county attorney 119.2 shall draft the petition upon the showing of reasonable grounds 119.3 to support the petition. [260.131, subd. 2] 119.4 Subd. 5. [FORM OF PETITION.] The petition and all 119.5 subsequent court documents shall be entitled substantially as 119.6 follows: 119.7 "Juvenile Court, County of ................. 119.8 In the matter of the welfare of ..........." 119.9 The petition shall set forth plainly: 119.10 (a) The facts which bring the child within the jurisdiction 119.11 of the court; 119.12 (b) The name, date of birth, residence, and post office 119.13 address of the child; 119.14 (c) The names, residences, and post office addresses of the 119.15 child's parents; 119.16 (d) The name, residence, and post office address of the 119.17 child's guardian if there be one, of the person having custody 119.18 or control of the child, and of the nearest known relative if no 119.19 parent or guardian can be found; 119.20 (e) The spouse of the child, if there be one. If any of 119.21 the facts required by the petition are not known or cannot be 119.22 ascertained by the petitioner, the petition shall so state. 119.23 [260.131, subd. 3] 119.24 Sec. 7. [260C.143] [PROCEDURE; HABITUAL TRUANTS, RUNAWAYS, 119.25 OFFENDERS.] 119.26 Subdivision 1. [NOTICE.] When a peace officer, or 119.27 attendance officer in the case of a habitual truant, has 119.28 probable cause to believe that a child is in need of protection 119.29 or services under section 260C.007, subdivision 4, clause (11) 119.30 or (12), the officer may issue a notice to the child to appear 119.31 in juvenile court in the county in which the child is found or 119.32 in the county of the child's residence. If there is a school 119.33 attendance review board or county attorney mediation program 119.34 operating in the child's school district, a notice to appear in 119.35 juvenile court for a habitual truant may not be issued until the 119.36 applicable procedures under section 260A.06 or 260A.07 have been 120.1 exhausted. The officer shall file a copy of the notice to 120.2 appear with the juvenile court of the appropriate county. If a 120.3 child fails to appear in response to the notice, the court may 120.4 issue a summons notifying the child of the nature of the offense 120.5 alleged and the time and place set for the hearing. If the 120.6 peace officer finds it necessary to take the child into custody, 120.7 sections 260C.175 and 260C.176 shall apply. [260.132, subd. 1 120.8 (omitting delinquency-related text)] 120.9 Subd. 2. [EFFECT OF NOTICE.] Filing with the court a 120.10 notice to appear containing the name and address of the child, 120.11 specifying the offense alleged and the time and place it was 120.12 committed, has the effect of a petition giving the juvenile 120.13 court jurisdiction. In the case of running away, the place 120.14 where the offense was committed may be stated in the notice as 120.15 either the child's custodial parent's or guardian's residence or 120.16 lawful placement or where the child was found by the officer. 120.17 In the case of truancy, the place where the offense was 120.18 committed may be stated as the school or the place where the 120.19 child was found by the officer. [260.132, subd. 2] 120.20 Subd. 3. [NOTICE TO PARENT.] Whenever a notice to appear 120.21 or petition is filed alleging that a child is in need of 120.22 protection or services under section 260C.007, subdivision 4, 120.23 clause (11) or (12), the court shall summon and notify the 120.24 person or persons having custody or control of the child of the 120.25 nature of the offense alleged and the time and place of 120.26 hearing. This summons and notice shall be served in the time 120.27 and manner provided in section 260C.151, subdivision 1. 120.28 [260.132, subd. 3 (omitting delinquency-related text)] 120.29 Subd. 4. [TRUANT.] When a peace officer or probation 120.30 officer has probable cause to believe that a child is currently 120.31 under age 16 and absent from school without lawful excuse, the 120.32 officer may transport the child to the child's home and deliver 120.33 the child to the custody of the child's parent or guardian, 120.34 transport the child to the child's school of enrollment and 120.35 deliver the child to the custody of a school superintendent or 120.36 teacher or transport the child to a truancy service center under 121.1 section 260A.04, subdivision 3. [260.132, subd. 4] 121.2 Sec. 8. [260C.148] [PROCEDURE; DOMESTIC CHILD ABUSE.] 121.3 Subdivision 1. [PETITION.] The local welfare agency may 121.4 bring an emergency petition on behalf of minor family or 121.5 household members seeking relief from acts of domestic child 121.6 abuse. The petition shall allege the existence of or immediate 121.7 and present danger of domestic child abuse, and shall be 121.8 accompanied by an affidavit made under oath stating the specific 121.9 facts and circumstances from which relief is sought. [260.133, 121.10 subd. 1] 121.11 Subd. 2. [TEMPORARY ORDER.] (a) If it appears from the 121.12 notarized petition or by sworn affidavit that there are 121.13 reasonable grounds to believe the child is in immediate and 121.14 present danger of domestic child abuse, the court may grant an 121.15 ex parte temporary order for protection, pending a full 121.16 hearing. The court may grant relief as it deems proper, 121.17 including an order: 121.18 (1) restraining any party from committing acts of domestic 121.19 child abuse; or 121.20 (2) excluding the alleged abusing party from the dwelling 121.21 which the family or household members share or from the 121.22 residence of the child. 121.23 (b) However, no order excluding the alleged abusing party 121.24 from the dwelling may be issued unless the court finds that: 121.25 (1) the order is in the best interests of the child or 121.26 children remaining in the dwelling; and 121.27 (2) a remaining adult family or household member is able to 121.28 care adequately for the child or children in the absence of the 121.29 excluded party. 121.30 Before the temporary order is issued, the local welfare 121.31 agency shall advise the court and the other parties who are 121.32 present that appropriate social services will be provided to the 121.33 family or household members during the effective period of the 121.34 order. 121.35 An ex parte temporary order for protection shall be 121.36 effective for a fixed period not to exceed 14 days. Within five 122.1 days of the issuance of the temporary order, the petitioner 122.2 shall file a petition with the court pursuant to section 122.3 260C.141, alleging that the child is in need of protection or 122.4 services and the court shall give docket priority to the 122.5 petition. 122.6 The court may renew the temporary order for protection one 122.7 time for a fixed period not to exceed 14 days if a petition 122.8 alleging that the child is in need of protection or services has 122.9 been filed with the court and if the court determines, upon 122.10 informal review of the case file, that the renewal is 122.11 appropriate. [260.133, subd. 2] 122.12 Subd. 3. [SERVICE AND EXECUTION OF ORDER.] Any order 122.13 issued under this section or section 260C.201, subdivision 3, 122.14 shall be served personally upon the respondent. Where 122.15 necessary, the court shall order the sheriff or constable to 122.16 assist in service or execution of the order. [260.133, subd. 3] 122.17 Subd. 4. [MODIFICATION OF ORDER.] Upon application, notice 122.18 to all parties, and hearing, the court may modify the terms of 122.19 an existing order for protection issued under this section or 122.20 section 260C.201, subdivision 3. [260.133, subd. 4] 122.21 Subd. 5. [RIGHT TO APPLY FOR RELIEF.] The local welfare 122.22 agency's right to apply for relief on behalf of a child shall 122.23 not be affected by the child's leaving the dwelling or household 122.24 to avoid abuse. [260.133, subd. 5] 122.25 Subd. 6. [REAL ESTATE.] Nothing in this section or section 122.26 260C.201, subdivision 3, shall affect the title to real estate. 122.27 [260.133, subd. 6] 122.28 Subd. 7. [OTHER REMEDIES AVAILABLE.] Any relief ordered 122.29 under this section or section 260C.201, subdivision 3, shall be 122.30 in addition to other available civil or criminal remedies. 122.31 [260.133, subd. 7] 122.32 Subd. 8. [COPY TO LAW ENFORCEMENT AGENCY.] An order for 122.33 protection granted pursuant to this section or section 260C.201, 122.34 subdivision 3, shall be forwarded by the court administrator 122.35 within 24 hours to the local law enforcement agency with 122.36 jurisdiction over the residence of the child. 123.1 Each appropriate law enforcement agency shall make 123.2 available to other law enforcement officers through a system of 123.3 verification, information as to the existence and status of any 123.4 order for protection issued pursuant to this section or section 123.5 260C.201, subdivision 3. [260.133, subd. 8] 123.6 Sec. 9. [260C.151] [SUMMONS; NOTICE.] 123.7 Subdivision 1. [ISSUANCE OF SUMMONS.] After a petition has 123.8 been filed and unless the parties hereinafter named voluntarily 123.9 appear, the court shall set a time for a hearing and shall issue 123.10 a summons requiring the person who has custody or control of the 123.11 child to appear with the child before the court at a time and 123.12 place stated. The summons shall have a copy of the petition 123.13 attached, and shall advise the parties of the right to counsel 123.14 and of the consequences of failure to obey the summons. The 123.15 court shall give docket priority to any child in need of 123.16 protection or services or neglected and in foster care, that 123.17 contains allegations of child abuse over any other case. As 123.18 used in this subdivision, "child abuse" has the meaning given it 123.19 in section 630.36, subdivision 2. [260.135, subd. 1 (omitting 123.20 delinquency-related text)] 123.21 Subd. 2. [NOTICE OF PENDENCY OF CASE.] The court shall 123.22 have notice of the pendency of the case and of the time and 123.23 place of the hearing served upon a parent, guardian, or spouse 123.24 of the child, who has not been summoned as provided in 123.25 subdivision 1. For an Indian child, notice of all proceedings 123.26 must comply with the Indian Child Welfare Act of 1978, United 123.27 States Code, title 25, section 1901, et seq., and section 123.28 260.765. [260.135, subd. 2] 123.29 Subd. 3. [TERMINATION OF PARENTAL RIGHTS.] If a petition 123.30 alleging a child's need for protection or services, or a 123.31 petition to terminate parental rights is initiated by a person 123.32 other than a representative of the department of human services 123.33 or local social services agency, the court administrator shall 123.34 notify the local social services agency of the pendency of the 123.35 case and of the time and place appointed. [260.135, subd. 3] 123.36 Subd. 4. [ISSUANCE OF SUBPOENA.] The court may issue a 124.1 subpoena requiring the appearance of any other person whose 124.2 presence, in the opinion of the court, is necessary. [260.135, 124.3 subd. 4] 124.4 Subd. 5. [IMMEDIATE CUSTODY.] If it appears from the 124.5 notarized petition or by sworn affidavit that there are 124.6 reasonable grounds to believe the child is in surroundings or 124.7 conditions which endanger the child's health, safety or welfare 124.8 and require that the child's custody be immediately assumed by 124.9 the court, the court may order, by endorsement upon the summons, 124.10 that the officer serving the summons shall take the child into 124.11 immediate custody. [260.135, subd. 5] 124.12 Sec. 10. [260C.152] [SERVICE OF SUMMONS, NOTICE.] 124.13 Subdivision 1. [NOTICE IN LIEU OF SUMMONS; PERSONAL 124.14 SERVICE.] The service of a summons or a notice in lieu of 124.15 summons shall be as provided in the rules of juvenile 124.16 procedure. [260.141, subd. 1a] 124.17 Subd. 2. [SERVICE; FEES.] Service of summons, notice, or 124.18 subpoena required by sections 260C.151 to 260C.307 shall be made 124.19 by any suitable person under the direction of the court, and 124.20 upon request of the court shall be made by a probation officer 124.21 or any peace officer. The fees and mileage of witnesses shall 124.22 be paid by the county if the subpoena is issued by the court on 124.23 its own motion or at the request of the county attorney. All 124.24 other fees shall be paid by the party requesting the subpoena 124.25 unless otherwise ordered by the court. [260.141, subd. 2] 124.26 Subd. 3. [NOTIFICATION.] In any proceeding regarding a 124.27 child in need of protection or services in a state court, where 124.28 the court knows or has reason to know that an Indian child is 124.29 involved, the prosecuting authority seeking the foster care 124.30 placement of, or termination of parental rights to an Indian 124.31 child, shall notify the parent or Indian custodian and the 124.32 Indian child's tribe of the pending proceedings and of their 124.33 right of intervention. The notice must be provided by 124.34 registered mail with return receipt requested unless personal 124.35 service is accomplished. If the identity or location of the 124.36 parent or Indian custodian and the tribe cannot be determined, 125.1 the notice shall be given to the Secretary of the Interior of 125.2 the United States in like manner, according to the Indian Child 125.3 Welfare Act of 1978, United States Code, title 25, section 125.4 1912. No foster care placement proceeding or termination of 125.5 parental rights proceeding shall be held until at least ten days 125.6 after receipt of notice by the parent or Indian custodian and 125.7 the tribe or the Secretary. However, the parent or Indian 125.8 custodian or the tribe shall, upon request, be granted up to 20 125.9 additional days to prepare for the proceeding. [260.141, subd. 125.10 2a] 125.11 Subd. 4. [PROOF OF SERVICE.] Proof of the service required 125.12 by this section shall be made by the person having knowledge 125.13 thereof. [260.141, subd. 3] 125.14 Sec. 11. [260C.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 125.15 CONTEMPT, ARREST.] 125.16 If any person personally served with summons or subpoena 125.17 fails, without reasonable cause, to appear or bring the child, 125.18 or if the court has reason to believe the person is avoiding 125.19 personal service, the person may be proceeded against for 125.20 contempt of court or the court may issue a warrant for the 125.21 person's arrest, or both. In any case when it appears to the 125.22 court that the service will be ineffectual, or that the welfare 125.23 of the child requires that the child be brought forthwith into 125.24 the custody of the court, the court may issue a warrant for 125.25 immediate custody of the child. [260.145 (omitting 125.26 delinquency-related text)] 125.27 Sec. 12. [260C.157] [INVESTIGATION; PHYSICAL AND MENTAL 125.28 EXAMINATION.] 125.29 Subdivision 1. [INVESTIGATION.] Upon request of the court 125.30 the local social services agency or probation officer shall 125.31 investigate the personal and family history and environment of 125.32 any minor coming within the jurisdiction of the court under 125.33 section 260C.101 and shall report its findings to the court. 125.34 The court may order any minor coming within its jurisdiction to 125.35 be examined by a duly qualified physician, psychiatrist, or 125.36 psychologist appointed by the court. 126.1 Adoption investigations shall be conducted in accordance 126.2 with the laws relating to adoptions. Any funds received under 126.3 the provisions of this subdivision shall not cancel until the 126.4 end of the fiscal year immediately following the fiscal year in 126.5 which the funds were received. The funds are available for use 126.6 by the commissioner of corrections during that period and are 126.7 hereby appropriated annually to the commissioner of corrections 126.8 as reimbursement of the costs of providing these services to the 126.9 juvenile courts. [260.151, subd. 1 (omitting 126.10 delinquency-related text)] 126.11 Subd. 2. [PETITION REQUIREMENT.] The court may proceed as 126.12 described in subdivision 1 only after a petition has been 126.13 filed. [260.151, subd. 2 (omitting delinquency-related text)] 126.14 Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The 126.15 local social services agency, at its option, may establish a 126.16 juvenile treatment screening team to conduct screenings and 126.17 prepare case plans under this subdivision. The team, which may 126.18 be the team constituted under section 245.4885 or 256B.092 or 126.19 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 126.20 social workers, juvenile justice professionals, and persons with 126.21 expertise in the treatment of juveniles who are emotionally 126.22 disabled, chemically dependent, or have a developmental 126.23 disability. The team shall involve parents or guardians in the 126.24 screening process as appropriate. 126.25 (b) This paragraph applies only in counties that have 126.26 established a juvenile treatment screening team under paragraph 126.27 (a). If the court, prior to, or as part of, a final 126.28 disposition, proposes to place a child for the primary purpose 126.29 of treatment for an emotional disturbance, a developmental 126.30 disability, or chemical dependency in a residential treatment 126.31 facility out of state or in one which is within the state and 126.32 licensed by the commissioner of human services under chapter 126.33 245A, the court shall notify the county welfare agency. The 126.34 county's juvenile treatment screening team must either: (1) 126.35 screen and evaluate the child and file its recommendations with 126.36 the court within 14 days of receipt of the notice; or (2) elect 127.1 not to screen a given case, and notify the court of that 127.2 decision within three working days. 127.3 (c) If the screening team has elected to screen and 127.4 evaluate the child, the child may not be placed for the primary 127.5 purpose of treatment for an emotional disturbance, a 127.6 developmental disability, or chemical dependency, in a 127.7 residential treatment facility out of state nor in a residential 127.8 treatment facility within the state that is licensed under 127.9 chapter 245A, unless one of the following conditions applies: 127.10 (1) a treatment professional certifies that an emergency 127.11 requires the placement of the child in a facility within the 127.12 state; 127.13 (2) the screening team has evaluated the child and 127.14 recommended that a residential placement is necessary to meet 127.15 the child's treatment needs and the safety needs of the 127.16 community, that it is a cost-effective means of meeting the 127.17 treatment needs, and that it will be of therapeutic value to the 127.18 child; or 127.19 (3) the court, having reviewed a screening team 127.20 recommendation against placement, determines to the contrary 127.21 that a residential placement is necessary. The court shall 127.22 state the reasons for its determination in writing, on the 127.23 record, and shall respond specifically to the findings and 127.24 recommendation of the screening team in explaining why the 127.25 recommendation was rejected. The attorney representing the 127.26 child and the prosecuting attorney shall be afforded an 127.27 opportunity to be heard on the matter. [260.151, subd. 3] 127.28 Sec. 13. [260C.161] [MENTAL HEALTH SCREENING OF CHILDREN.] 127.29 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 127.30 services, in cooperation with the commissioner of corrections, 127.31 shall establish pilot projects in counties to reduce the 127.32 recidivism rates of juvenile offenders, by identifying and 127.33 treating underlying mental health problems that contribute to 127.34 delinquent behavior and can be addressed through nonresidential 127.35 services. At least one of the pilot projects must be in the 127.36 seven-county metropolitan area and at least one must be in 128.1 greater Minnesota. [260.152, subd. 1] 128.2 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of 128.3 human services shall, in consultation with the Indian affairs 128.4 council, the council on affairs of Chicano/Latino people, the 128.5 council on Black Minnesotans, and the council on Asian-Pacific 128.6 Minnesotans, provide grants to the counties for the pilot 128.7 projects. The projects shall build upon the existing service 128.8 capabilities in the community and must include availability of 128.9 screening for mental health problems of children who are 128.10 reported as being or found to be in need of protection or 128.11 services. 128.12 (b) The projects must include referral for mental health 128.13 assessment of all children for whom the screening indicates a 128.14 need. This assessment is to be provided by the appropriate 128.15 mental health professional. If the child is of a minority race 128.16 or minority ethnic heritage, the mental health professional must 128.17 be skilled in and knowledgeable about the child's racial and 128.18 ethnic heritage, or must consult with a special mental health 128.19 consultant who has such knowledge so that the assessment is 128.20 relevant, culturally specific, and sensitive to the child's 128.21 cultural needs. 128.22 (c) Upon completion of the assessment, the project must 128.23 provide or ensure access to nonresidential mental health 128.24 services identified as needed in the assessment. [260.152, 128.25 subd. 2 (omitting delinquency-related text)] 128.26 Subd. 3. [SCREENING TOOL.] The commissioner of human 128.27 services and the commissioner of corrections, in consultation 128.28 with the Indian affairs council, the council on affairs of 128.29 Chicano/Latino people, the council on Black Minnesotans, and the 128.30 council on Asian-Pacific Minnesotans, shall jointly develop a 128.31 model screening tool to screen children to determine if a mental 128.32 health assessment is needed. This tool must contain specific 128.33 questions to identify potential mental health problems. In 128.34 implementing a pilot project, a county must either use this 128.35 model tool or another screening tool approved by the 128.36 commissioner of human services which meets the requirements of 129.1 this section. [260.152, subd. 3] 129.2 Subd. 4. [PROGRAM REQUIREMENTS.] To receive funds, the 129.3 county program proposal shall be a joint proposal with all 129.4 affected local agencies, resulting in part from consultation 129.5 with the local coordinating council established under section 129.6 245.4873, subdivision 3, and the local mental health advisory 129.7 council established under section 245.4875, subdivision 5, and 129.8 shall contain the following: 129.9 (1) evidence of interagency collaboration by all publicly 129.10 funded agencies serving children with emotional disturbances, 129.11 including evidence of consultation with the agencies listed in 129.12 this section; 129.13 (2) a signed agreement by the local court services and 129.14 local mental health and county social service agencies to work 129.15 together on the following: development of a program; 129.16 development of written interagency agreements and protocols to 129.17 ensure that the mental health needs of children in need of 129.18 protection or services are identified, addressed, and treated; 129.19 and development of a procedure for joint evaluation of the 129.20 program; 129.21 (3) a description of existing services that will be used in 129.22 this program; 129.23 (4) a description of additional services that will be 129.24 developed with program funds, including estimated costs and 129.25 numbers of children to be served; and 129.26 (5) assurances that funds received by a county under this 129.27 section will not be used to supplant existing mental health 129.28 funding for which the child is eligible. 129.29 The commissioner of human services and the commissioner of 129.30 corrections shall jointly determine the application form, 129.31 information needed, deadline for application, criteria for 129.32 awards, and a process for providing technical assistance and 129.33 training to counties. The technical assistance shall include 129.34 information about programs that have been successful in reducing 129.35 recidivism by juvenile offenders. [260.152, subd. 4 (omitting 129.36 delinquency-related text)] 130.1 Subd. 5. [INTERAGENCY AGREEMENTS.] To receive funds, the 130.2 county must agree to develop written interagency agreements 130.3 between local court services agencies and local county mental 130.4 health agencies within six months of receiving the initial 130.5 program funds. These agreements shall include a description of 130.6 each local agency's responsibilities, with a detailed assignment 130.7 of the tasks necessary to implement the program. The agreement 130.8 shall state how they will comply with the confidentiality 130.9 requirements of the participating local agencies. [260.152, 130.10 subd. 5] 130.11 Subd. 6. [EVALUATION.] The commissioner of human services 130.12 and the commissioner of corrections shall, in consultation with 130.13 the Indian affairs council, the council on affairs of 130.14 Chicano/Latino people, the council on Black Minnesotans, and the 130.15 council on Asian-Pacific Minnesotans, develop systems and 130.16 procedures for evaluating the pilot projects. The departments 130.17 must develop an interagency management information system to 130.18 track children who receive mental health services. The system 130.19 must be designed to meet the information needs of the agencies 130.20 involved and to provide a basis for evaluating outcome data. 130.21 The system must be designed to track the mental health treatment 130.22 of children released from custody and to improve the planning, 130.23 delivery, and evaluation of services and increase interagency 130.24 collaboration. The evaluation protocol must be designed to 130.25 measure the impact of the program on juvenile recidivism, school 130.26 performance, and state and county budgets. [260.152, subd. 6] 130.27 Sec. 14. [260C.163] [HEARING.] 130.28 Subdivision 1. [GENERAL.] (a) Except for hearings arising 130.29 under section 260C.401, hearings on any matter shall be without 130.30 a jury and may be conducted in an informal manner. In all 130.31 adjudicatory proceedings involving a child alleged to be in need 130.32 of protection or services, the court shall admit only evidence 130.33 that would be admissible in a civil trial. To be proved at 130.34 trial, allegations of a petition alleging a child to be in need 130.35 of protection or services must be proved by clear and convincing 130.36 evidence. 131.1 (b) Except for proceedings involving a child alleged to be 131.2 in need of protection or services and petitions for the 131.3 termination of parental rights, hearings may be continued or 131.4 adjourned from time to time. In proceedings involving a child 131.5 alleged to be in need of protection or services and petitions 131.6 for the termination of parental rights, hearings may not be 131.7 continued or adjourned for more than one week unless the court 131.8 makes specific findings that the continuance or adjournment is 131.9 in the best interests of the child. If a hearing is held on a 131.10 petition involving physical or sexual abuse of a child who is 131.11 alleged to be in need of protection or services or neglected and 131.12 in foster care, the court shall file the decision with the court 131.13 administrator as soon as possible but no later than 15 days 131.14 after the matter is submitted to the court. When a continuance 131.15 or adjournment is ordered in any proceeding, the court may make 131.16 any interim orders as it deems in the best interests of the 131.17 minor in accordance with the provisions of sections 260C.001 to 131.18 260C.421. 131.19 (c) Except as otherwise provided in this paragraph, the 131.20 court shall exclude the general public from hearings under this 131.21 chapter and shall admit only those persons who, in the 131.22 discretion of the court, have a direct interest in the case or 131.23 in the work of the court. 131.24 (d) Adoption hearings shall be conducted in accordance with 131.25 the provisions of laws relating to adoptions. [260.155, subd. 1 131.26 (omitting delinquency-related text)] 131.27 Subd. 2. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 131.28 who is the subject of a petition, and the parents, guardian, or 131.29 legal custodian of the child have the right to participate in 131.30 all proceedings on a petition. Official tribal representatives 131.31 have the right to participate in any proceeding that is subject 131.32 to the Indian Child Welfare Act of 1978, United States Code, 131.33 title 25, sections 1901 to 1963. 131.34 Any grandparent of the child has a right to participate in 131.35 the proceedings to the same extent as a parent, if the child has 131.36 lived with the grandparent within the two years preceding the 132.1 filing of the petition. At the first hearing following the 132.2 filing of a petition, the court shall ask whether the child has 132.3 lived with a grandparent within the last two years, except that 132.4 the court need not make this inquiry if the petition states that 132.5 the child did not live with a grandparent during this time 132.6 period. Failure to notify a grandparent of the proceedings is 132.7 not a jurisdictional defect. 132.8 If, in a proceeding involving a child in need of protection 132.9 or services, the local social service agency recommends transfer 132.10 of permanent legal and physical custody to a relative, the 132.11 relative has a right to participate as a party, and thereafter 132.12 shall receive notice of any hearing in the proceedings. 132.13 [260.155, subd. 1a] 132.14 Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 132.15 guardian or custodian has the right to effective assistance of 132.16 counsel in connection with a proceeding in juvenile court. 132.17 (b) If they desire counsel but are unable to employ it, the 132.18 court shall appoint counsel to represent the child or the 132.19 parents or guardian in any case in which it feels that such an 132.20 appointment is appropriate. 132.21 (c) Counsel for the child shall not also act as the child's 132.22 guardian ad litem. 132.23 (d) In any proceeding where the subject of a petition for a 132.24 child in need of protection or services is not represented by an 132.25 attorney, the court shall determine the child's preferences 132.26 regarding the proceedings, if the child is of suitable age to 132.27 express a preference. [260.155, subd. 2 (omitting 132.28 delinquency-related text)] 132.29 Subd. 4. [COUNTY ATTORNEY.] Except in adoption 132.30 proceedings, the county attorney shall present the evidence upon 132.31 request of the court. In representing the agency, the county 132.32 attorney shall also have the responsibility for advancing the 132.33 public interest in the welfare of the child. [260.155, subd. 3] 132.34 Subd. 5. [GUARDIAN AD LITEM.] (a) The court shall appoint 132.35 a guardian ad litem to protect the interests of the minor when 132.36 it appears, at any stage of the proceedings, that the minor is 133.1 without a parent or guardian, or that the minor's parent is a 133.2 minor or incompetent, or that the parent or guardian is 133.3 indifferent or hostile to the minor's interests, and in every 133.4 proceeding alleging a child's need for protection or services 133.5 under section 260C.007, subdivision 4. In any other case the 133.6 court may appoint a guardian ad litem to protect the interests 133.7 of the minor when the court feels that such an appointment is 133.8 desirable. The court shall appoint the guardian ad litem on its 133.9 own motion or in the manner provided for the appointment of a 133.10 guardian ad litem in the district court. The court may appoint 133.11 separate counsel for the guardian ad litem if necessary. 133.12 (b) A guardian ad litem shall carry out the following 133.13 responsibilities: 133.14 (1) conduct an independent investigation to determine the 133.15 facts relevant to the situation of the child and the family, 133.16 which must include, unless specifically excluded by the court, 133.17 reviewing relevant documents; meeting with and observing the 133.18 child in the home setting and considering the child's wishes, as 133.19 appropriate; and interviewing parents, caregivers, and others 133.20 with knowledge relevant to the case; 133.21 (2) advocate for the child's best interests by 133.22 participating in appropriate aspects of the case and advocating 133.23 for appropriate community services when necessary; 133.24 (3) maintain the confidentiality of information related to 133.25 a case, with the exception of sharing information as permitted 133.26 by law to promote cooperative solutions that are in the best 133.27 interests of the child; 133.28 (4) monitor the child's best interests throughout the 133.29 judicial proceeding; and 133.30 (5) present written reports on the child's best interests 133.31 that include conclusions and recommendations and the facts upon 133.32 which they are based. 133.33 (c) The court may waive the appointment of a guardian ad 133.34 litem pursuant to clause (a), whenever counsel has been 133.35 appointed pursuant to subdivision 2 or is retained otherwise, 133.36 and the court is satisfied that the interests of the minor are 134.1 protected. 134.2 (d) In appointing a guardian ad litem pursuant to clause 134.3 (a), the court shall not appoint the party, or any agent or 134.4 employee thereof, filing a petition pursuant to section 260C.141. 134.5 (e) The following factors shall be considered when 134.6 appointing a guardian ad litem in a case involving an Indian or 134.7 minority child: 134.8 (1) whether a person is available who is the same racial or 134.9 ethnic heritage as the child or, if that is not possible; 134.10 (2) whether a person is available who knows and appreciates 134.11 the child's racial or ethnic heritage. [260.155, subd. 4] 134.12 Subd. 6. [EXAMINATION OF CHILD.] In any child in need of 134.13 protection or services proceeding, neglected and in foster care, 134.14 or termination of parental rights proceeding the court may, on 134.15 its own motion or the motion of any party, take the testimony of 134.16 a child witness informally when it is in the child's best 134.17 interests to do so. Informal procedures that may be used by the 134.18 court include taking the testimony of a child witness outside 134.19 the courtroom. The court may also require counsel for any party 134.20 to the proceeding to submit questions to the court before the 134.21 child's testimony is taken, and to submit additional questions 134.22 to the court for the witness after questioning has been 134.23 completed. The court may excuse the presence of the child's 134.24 parent, guardian, or custodian from the room where the child is 134.25 questioned in accordance with subdivision 5. [260.155, subd. 134.26 4a] 134.27 Subd. 7. [WAIVING THE PRESENCE OF CHILD, PARENT.] The 134.28 court may waive the presence of the minor in court at any stage 134.29 of the proceedings when it is in the best interests of the minor 134.30 to do so. In any proceeding, the court may temporarily excuse 134.31 the presence of the parent or guardian of a minor from the 134.32 hearing when it is in the best interests of the minor to do so. 134.33 The attorney or guardian ad litem, if any, has the right to 134.34 continue to participate in proceedings during the absence of the 134.35 minor, parent, or guardian. [260.155, subd. 5 (omitting 134.36 delinquency-related text)] 135.1 Subd. 8. [RIGHTS OF THE PARTIES AT THE HEARING.] The minor 135.2 and the minor's parent, guardian, or custodian are entitled to 135.3 be heard, to present evidence material to the case, and to cross 135.4 examine witnesses appearing at the hearing. [260.155, subd. 6] 135.5 Subd. 9. [FACTORS IN DETERMINING NEGLECT.] In determining 135.6 whether a child is neglected and in foster care, the court shall 135.7 consider, among other factors, the following: 135.8 (1) the length of time the child has been in foster care; 135.9 (2) the effort the parent has made to adjust circumstances, 135.10 conduct, or condition that necessitates the removal of the child 135.11 to make it in the child's best interest to be returned to the 135.12 parent's home in the foreseeable future, including the use of 135.13 rehabilitative services offered to the parent; 135.14 (3) whether the parent has visited the child within the 135.15 three months preceding the filing of the petition, unless 135.16 extreme financial or physical hardship or treatment for mental 135.17 disability or chemical dependency or other good cause prevented 135.18 the parent from visiting the child or it was not in the best 135.19 interests of the child to be visited by the parent; 135.20 (4) the maintenance of regular contact or communication 135.21 with the agency or person temporarily responsible for the child; 135.22 (5) the appropriateness and adequacy of services provided 135.23 or offered to the parent to facilitate a reunion; 135.24 (6) whether additional services would be likely to bring 135.25 about lasting parental adjustment enabling a return of the child 135.26 to the parent within an ascertainable period of time, whether 135.27 the services have been offered to the parent, or, if services 135.28 were not offered, the reasons they were not offered; and 135.29 (7) the nature of the efforts made by the responsible 135.30 social service agency to rehabilitate and reunite the family, 135.31 and whether the efforts were reasonable. [260.155, subd. 7] 135.32 Subd. 10. [WAIVER.] (a) Waiver of any right which a child 135.33 has under this chapter must be an express waiver voluntarily and 135.34 intelligently made by the child after the child has been fully 135.35 and effectively informed of the right being waived. If a child 135.36 is not represented by counsel, any waiver must be given or any 136.1 objection must be offered by the child's guardian ad litem. 136.2 (b) Waiver of a child's right to be represented by counsel 136.3 provided under the juvenile court rules must be an express 136.4 waiver voluntarily and intelligently made by the child after the 136.5 child has been fully and effectively informed of the right being 136.6 waived. In determining whether a child has voluntarily and 136.7 intelligently waived the right to counsel, the court shall look 136.8 to the totality of the circumstances which includes but is not 136.9 limited to the child's age, maturity, intelligence, education, 136.10 experience, and ability to comprehend, and the presence and 136.11 competence of the child's parents, guardian, or guardian ad 136.12 litem. If the court accepts the child's waiver, it shall state 136.13 on the record the findings and conclusions that form the basis 136.14 for its decision to accept the waiver. [260.155, subd. 8] 136.15 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 136.16 NEGLECT.] A child's absence from school is presumed to be due to 136.17 the parent's, guardian's, or custodian's failure to comply with 136.18 compulsory instruction laws if the child is under 12 years old 136.19 and the school has made appropriate efforts to resolve the 136.20 child's attendance problems; this presumption may be rebutted 136.21 based on a showing by clear and convincing evidence that the 136.22 child is habitually truant. A child's absence from school 136.23 without lawful excuse, when the child is 12 years old or older, 136.24 is presumed to be due to the child's intent to be absent from 136.25 school; this presumption may be rebutted based on a showing by 136.26 clear and convincing evidence that the child's absence is due to 136.27 the failure of the child's parent, guardian, or custodian to 136.28 comply with compulsory instruction laws, sections 120.101 and 136.29 120.102. [260.15, subd. 9] 136.30 Sec. 15. [260C.165] [CERTAIN OUT-OF-COURT STATEMENTS 136.31 ADMISSIBLE.] 136.32 An out-of-court statement not otherwise admissible by 136.33 statute or rule of evidence, is admissible in evidence in any 136.34 child in need of protection or services, neglected and in foster 136.35 care, or domestic child abuse proceeding or any proceeding for 136.36 termination of parental rights if: 137.1 (a) the statement was made by a child under the age of ten 137.2 years or by a child ten years of age or older who is mentally 137.3 impaired, as defined in section 609.341, subdivision 6; 137.4 (b) the statement alleges, explains, denies, or describes: 137.5 (1) any act of sexual penetration or contact performed with 137.6 or on the child; 137.7 (2) any act of sexual penetration or contact with or on 137.8 another child observed by the child making the statement; 137.9 (3) any act of physical abuse or neglect of the child by 137.10 another; or 137.11 (4) any act of physical abuse or neglect of another child 137.12 observed by the child making the statement; 137.13 (c) the court finds that the time, content, and 137.14 circumstances of the statement and the reliability of the person 137.15 to whom the statement is made provide sufficient indicia of 137.16 reliability; and 137.17 (d) the proponent of the statement notifies other parties 137.18 of an intent to offer the statement and the particulars of the 137.19 statement sufficiently in advance of the proceeding at which the 137.20 proponent intends to offer the statement into evidence, to 137.21 provide the parties with a fair opportunity to meet the 137.22 statement. 137.23 For purposes of this section, an out-of-court statement 137.24 includes a video, audio, or other recorded statement. [260.156] 137.25 Sec. 16. [260C.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 137.26 ACT.] 137.27 The provisions of this chapter must be construed 137.28 consistently with the Indian Child Welfare Act of 1978, United 137.29 States Code, title 25, sections 1901 to 1963. [260.157] 137.30 Sec. 17. [260C.171] [RECORDS.] 137.31 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] The juvenile 137.32 court judge shall keep minutes in a manner as the court deems 137.33 necessary and proper. The juvenile court shall provide, upon 137.34 the request of any other juvenile court, copies of the records 137.35 concerning adjudications involving the particular child. 137.36 The court shall also keep an index in which files 138.1 pertaining to juvenile matters shall be indexed under the name 138.2 of the child. After the name of each file shall be shown the 138.3 file number and, if ordered by the court, the book and page of 138.4 the register in which the documents pertaining to such file are 138.5 listed. The court shall also keep a register properly indexed 138.6 in which shall be listed under the name of the child all 138.7 documents filed pertaining to the child and in the order filed. 138.8 The list shall show the name of the document and the date of 138.9 filing thereof. The juvenile court legal records shall be 138.10 deposited in files and shall include the petition, summons, 138.11 notice, findings, orders, decrees, judgments, and motions and 138.12 such other matters as the court deems necessary and proper. 138.13 Unless otherwise provided by law, all court records shall be 138.14 open at all reasonable times to the inspection of any child to 138.15 whom the records relate, and to the child's parent and guardian. 138.16 [260.161, subd. 1 (omitting delinquency-related text)] 138.17 Subd. 2. [PUBLIC INSPECTION OF RECORDS.] None of the 138.18 records of the juvenile court and none of the records relating 138.19 to an appeal from a nonpublic juvenile court proceeding, except 138.20 the written appellate opinion, shall be open to public 138.21 inspection or their contents disclosed except by order of a 138.22 court. This subdivision applies to all proceedings under this 138.23 chapter, including appeals from orders of the juvenile court. 138.24 The court shall maintain the confidentiality of adoption files 138.25 and records in accordance with the provisions of laws relating 138.26 to adoptions. In juvenile court proceedings any report or 138.27 social history furnished to the court shall be open to 138.28 inspection by the attorneys of record and the guardian ad litem 138.29 a reasonable time before it is used in connection with any 138.30 proceeding before the court. [260.161, subd. 2 (omitting 138.31 delinquency-related text)] 138.32 Subd. 3. [ATTORNEY ACCESS TO RECORDS.] An attorney 138.33 representing a child, parent, or guardian ad litem in a 138.34 proceeding under this chapter shall be given access to records, 138.35 local social service agency files, and reports which form the 138.36 basis of any recommendation made to the court. An attorney does 139.1 not have access under this subdivision to the identity of a 139.2 person who made a report under section 626.556. The court may 139.3 issue protective orders to prohibit an attorney from sharing a 139.4 specified record or portion of a record with a client other than 139.5 a guardian ad litem. [260.161, subd. 3a] 139.6 Subd. 4. [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 139.7 PROTECTION OR SERVICES.] In a county in which the county 139.8 attorney refers children who are in need of protection or 139.9 services to community programs, the county attorney may provide 139.10 a community program with data on a child who is a participant or 139.11 being considered for participation in the program. [260.161, 139.12 subd. 3b] 139.13 Subd. 5. [FURTHER RELEASE OF RECORDS.] A person who 139.14 receives access to juvenile court or peace officer records of 139.15 children that are not accessible to the public may not release 139.16 or disclose the records to any other person except as authorized 139.17 by law. This subdivision does not apply to the child who is the 139.18 subject of the records or the child's parent or guardian. 139.19 [260.161, subd. 5] 139.20 Sec. 18. [260C.175] [TAKING CHILD INTO CUSTODY.] 139.21 Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken 139.22 into immediate custody except: 139.23 (a) With an order issued by the court in accordance with 139.24 the provisions of section 260C.151, subdivision 5, or Laws 1997, 139.25 chapter 239, article 10, section 10, paragraph (a), clause (3), 139.26 or 12, paragraph (a), clause (3), or by a warrant issued in 139.27 accordance with the provisions of section 260C.154; or 139.28 (b) By a peace officer: 139.29 (1) when a child has run away from a parent, guardian, or 139.30 custodian, or when the peace officer reasonably believes the 139.31 child has run away from a parent, guardian, or custodian; or 139.32 (2) when a child is found in surroundings or conditions 139.33 which endanger the child's health or welfare or which such peace 139.34 officer reasonably believes will endanger the child's health or 139.35 welfare. If an Indian child is a resident of a reservation or 139.36 is domiciled on a reservation but temporarily located off the 140.1 reservation, the taking of the child into custody under this 140.2 clause shall be consistent with the Indian Child Welfare Act of 140.3 1978, United States Code, title 25, section 1922; or 140.4 (c) By a peace officer or probation officer under section 140.5 260C.143, subdivision 4. [260.165, subd. 1 (omitting 140.6 delinquency-related text)] 140.7 Subd. 2. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 140.8 officer takes a child into custody for shelter care or relative 140.9 placement pursuant to subdivision 1; section 260C.151, 140.10 subdivision 5; or section 260C.154, the officer shall notify the 140.11 parent or custodian that under section 260C.181, subdivision 2, 140.12 the parent or custodian may request that the child be placed 140.13 with a relative or a designated caregiver under chapter 257A 140.14 instead of in a shelter care facility. The officer also shall 140.15 give the parent or custodian of the child a list of names, 140.16 addresses, and telephone numbers of social service agencies that 140.17 offer child welfare services. If the parent or custodian was 140.18 not present when the child was removed from the residence, the 140.19 list shall be left with an adult on the premises or left in a 140.20 conspicuous place on the premises if no adult is present. If 140.21 the officer has reason to believe the parent or custodian is not 140.22 able to read and understand English, the officer must provide a 140.23 list that is written in the language of the parent or 140.24 custodian. The list shall be prepared by the commissioner of 140.25 human services. The commissioner shall prepare lists for each 140.26 county and provide each county with copies of the list without 140.27 charge. The list shall be reviewed annually by the commissioner 140.28 and updated if it is no longer accurate. Neither the 140.29 commissioner nor any peace officer or the officer's employer 140.30 shall be liable to any person for mistakes or omissions in the 140.31 list. The list does not constitute a promise that any agency 140.32 listed will in fact assist the parent or custodian. [260.165, 140.33 subd. 3] 140.34 Sec. 19. [260C.176] [RELEASE OR DETENTION.] 140.35 Subdivision 1. [NOTICE; RELEASE.] If a child is taken into 140.36 custody as provided in section 260C.175, the parent, guardian, 141.1 or custodian of the child shall be notified as soon as possible. 141.2 Unless there is reason to believe that the child would endanger 141.3 self or others, not return for a court hearing, run away from 141.4 the child's parent, guardian, or custodian or otherwise not 141.5 remain in the care or control of the person to whose lawful 141.6 custody the child is released, or that the child's health or 141.7 welfare would be immediately endangered, the child shall be 141.8 released to the custody of a parent, guardian, custodian, or 141.9 other suitable person. When a child is taken into custody by a 141.10 peace officer under section 260C.175, subdivision 1, clause 141.11 (c)(2), release from detention may be authorized by the 141.12 detaining officer, the detaining officer's supervisor, or the 141.13 county attorney. If the social service agency has determined 141.14 that the child's health or welfare will not be endangered and 141.15 the provision of appropriate and available services will 141.16 eliminate the need for placement, the agency shall request 141.17 authorization for the child's release from detention. The 141.18 person to whom the child is released shall promise to bring the 141.19 child to the court, if necessary, at the time the court may 141.20 direct. If the person taking the child into custody believes it 141.21 desirable, that person may request the parent, guardian, 141.22 custodian, or other person designated by the court to sign a 141.23 written promise to bring the child to court as provided above. 141.24 The intentional violation of such a promise, whether given 141.25 orally or in writing, shall be punishable as contempt of court. 141.26 The court may require the parent, guardian, custodian, or 141.27 other person to whom the child is released, to post any 141.28 reasonable bail or bond required by the court which shall be 141.29 forfeited to the court if the child does not appear as 141.30 directed. The court may also release the child on the child's 141.31 own promise to appear in juvenile court. [260.171, subd. 1] 141.32 Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not 141.33 released as provided in subdivision 1, the person taking the 141.34 child into custody shall notify the court as soon as possible of 141.35 the detention of the child and the reasons for detention. 141.36 (b) No child taken into custody and placed in a shelter 142.1 care facility or relative's home by a peace officer pursuant to 142.2 section 260C.175, subdivision 1, clause (a) or (c)(2), may be 142.3 held in custody longer than 72 hours, excluding Saturdays, 142.4 Sundays and holidays, unless a petition has been filed and the 142.5 judge or referee determines pursuant to section 260C.178 that 142.6 the child shall remain in custody. [260.171, subd. 2 (omitting 142.7 delinquency-related text)] 142.8 Subd. 3. [ADVISEMENT IF DETAINED.] If the person who has 142.9 taken the child into custody determines that the child should be 142.10 placed in a secure detention facility or a shelter care 142.11 facility, that person shall advise the child and as soon as is 142.12 possible, the child's parent, guardian, or custodian: 142.13 (a) of the reasons why the child has been taken into 142.14 custody and why the child is being placed in a juvenile secure 142.15 detention facility or a shelter care facility; 142.16 (b) of the location of the juvenile secure detention 142.17 facility or a shelter care facility. If there is reason to 142.18 believe that disclosure of the location of the shelter care 142.19 facility would place the child's health and welfare in immediate 142.20 endangerment, disclosure of the location of the shelter care 142.21 facility shall not be made; 142.22 (c) that the child's parent, guardian, or custodian and 142.23 attorney or guardian ad litem may make an initial visit to the 142.24 juvenile secure detention facility or shelter care facility at 142.25 any time. Subsequent visits by a parent, guardian, or custodian 142.26 may be made on a reasonable basis during visiting hours and by 142.27 the child's attorney or guardian ad litem at reasonable hours; 142.28 (d) that the child may telephone parents and an attorney or 142.29 guardian ad litem from the juvenile secure detention facility or 142.30 shelter care facility immediately after being admitted to the 142.31 facility and thereafter on a reasonable basis to be determined 142.32 by the director of the facility; 142.33 (e) that the child may not be detained pursuant to section 142.34 260C.175, subdivision 1, clause (a) or (c)(2), at a shelter care 142.35 facility longer than 72 hours, excluding Saturdays, Sundays, and 142.36 holidays, unless a petition has been filed within that time and 143.1 the court orders the child's continued detention, pursuant to 143.2 section 260C.178; 143.3 (f) of the date, time, and place of the detention hearing, 143.4 if this information is available to the person who has taken the 143.5 child into custody; and 143.6 (g) that the child and the child's parent, guardian, or 143.7 custodian have the right to be present and to be represented by 143.8 counsel at the detention hearing, and that if they cannot afford 143.9 counsel, counsel will be appointed at public expense for the 143.10 child, or for any party, if it is a child in need of protection 143.11 or services, neglected and in foster care, or termination of 143.12 parental rights matter. [260.171, subd. 4 (omitting 143.13 delinquency-related text)] 143.14 Subd. 4. [TRANSPORTATION.] If a child is to be detained in 143.15 a secure detention facility or a shelter care facility, the 143.16 child shall be promptly transported to the facility in a manner 143.17 approved by the facility or by securing a written transportation 143.18 order from the court authorizing transportation by the sheriff 143.19 or other qualified person. The person who has determined that 143.20 the child should be detained shall deliver to the court and the 143.21 supervisor of the secure detention facility or shelter care 143.22 facility where the child is placed, a signed report, setting 143.23 forth: 143.24 (a) the time the child was taken into custody; 143.25 (b) the time the child was delivered for transportation to 143.26 the secure detention facility or shelter care facility; 143.27 (c) the reasons why the child was taken into custody; 143.28 (d) the reasons why the child has been placed in detention; 143.29 (e) a statement that the child and the child's parent have 143.30 received the notification required by subdivision 4 or the 143.31 reasons why they have not been so notified; and 143.32 (f) any instructions required by subdivision 5a. [260.171, 143.33 subd. 5 (omitting delinquency-related text)] 143.34 Subd. 5. [SHELTER CARE; NOTICE TO PARENT.] When a child is 143.35 to be placed in a shelter care facility the person taking the 143.36 child into custody or the court shall determine whether or not 144.1 there is reason to believe that disclosure of the shelter care 144.2 facility's location to the child's parent, guardian, or 144.3 custodian would immediately endanger the health and welfare of 144.4 the child. If there is reason to believe that the child's 144.5 health and welfare would be immediately endangered, disclosure 144.6 of the location shall not be made. This determination shall be 144.7 included in the report required by subdivision 5, along with 144.8 instructions to the shelter care facility to notify or withhold 144.9 notification. [260.171, subd. 5a] 144.10 Subd. 6. [REPORT.] (a) When a child has been delivered to 144.11 a secure detention facility, the supervisor of the facility 144.12 shall deliver to the court a signed report acknowledging receipt 144.13 of the child stating the time of the child's arrival. The 144.14 supervisor of the facility shall ascertain from the report of 144.15 the person who has taken the child into custody whether the 144.16 child and a parent, guardian, or custodian has received the 144.17 notification required by subdivision 4. If the child or a 144.18 parent, guardian, or custodian, or both, have not been so 144.19 notified, the supervisor of the facility shall immediately make 144.20 the notification, and shall include in the report to the court a 144.21 statement that notification has been received or the reasons why 144.22 it has not. 144.23 (b) When a child has been delivered to a shelter care 144.24 facility, the supervisor of the facility shall deliver to the 144.25 court a signed report acknowledging receipt of the child stating 144.26 the time of the child's arrival. The supervisor of the facility 144.27 shall ascertain from the report of the person who has taken the 144.28 child into custody whether the child's parent, guardian or 144.29 custodian has been notified of the placement of the child at the 144.30 shelter care facility and its location, and the supervisor shall 144.31 follow any instructions concerning notification contained in 144.32 that report. [260.171, subd. 6] 144.33 Sec. 20. [260C.178] [DETENTION HEARING.] 144.34 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If 144.35 a child was taken into custody under section 260C.175, 144.36 subdivision 1, clause (a) or (c)(2), the court shall hold a 145.1 hearing within 72 hours of the time the child was taken into 145.2 custody, excluding Saturdays, Sundays, and holidays, to 145.3 determine whether the child should continue in custody. 145.4 (b) Unless there is reason to believe that the child would 145.5 endanger self or others, not return for a court hearing, run 145.6 away from the child's parent, guardian, or custodian or 145.7 otherwise not remain in the care or control of the person to 145.8 whose lawful custody the child is released, or that the child's 145.9 health or welfare would be immediately endangered, the child 145.10 shall be released to the custody of a parent, guardian, 145.11 custodian, or other suitable person, subject to reasonable 145.12 conditions of release including, but not limited to, a 145.13 requirement that the child undergo a chemical use assessment as 145.14 provided in section 260C.157, subdivision 1. In determining 145.15 whether the child's health or welfare would be immediately 145.16 endangered, the court shall consider whether the child would 145.17 reside with a perpetrator of domestic child abuse. In a 145.18 proceeding regarding a child in need of protection or services, 145.19 the court, before determining whether a child should continue in 145.20 custody, shall also make a determination, consistent with 145.21 section 260.012 as to whether reasonable efforts, or in the case 145.22 of an Indian child, active efforts, according to the Indian 145.23 Child Welfare Act of 1978, United States Code, title 25, section 145.24 1912(d), were made to prevent placement or to reunite the child 145.25 with the child's family, or that reasonable efforts were not 145.26 possible. The court shall also determine whether there are 145.27 available services that would prevent the need for further 145.28 detention. 145.29 If the court finds the social services agency's preventive 145.30 or reunification efforts have not been reasonable but further 145.31 preventive or reunification efforts could not permit the child 145.32 to safely remain at home, the court may nevertheless authorize 145.33 or continue the removal of the child. [260.172, subd. 1 145.34 (omitting delinquency-related text)] 145.35 Subd. 2. [DURATION.] If the court determines that the 145.36 child should continue in detention, it may order detention 146.1 continued for eight days, excluding Saturdays, Sundays and 146.2 holidays, from and including the date of the order. The court 146.3 shall include in its order the reasons for continued detention 146.4 and the findings of fact which support these reasons. [260.172, 146.5 subd. 2 (omitting delinquency-related text)] 146.6 Subd. 3. [PARENTAL VISITATION.] If a child has been taken 146.7 into custody under section 260C.151, subdivision 5, or 260C.175, 146.8 subdivision 1, clause (c)(2), and the court determines that the 146.9 child should continue in detention, the court shall include in 146.10 its order reasonable rules for supervised or unsupervised 146.11 parental visitation of the child in the shelter care facility 146.12 unless it finds that visitation would endanger the child's 146.13 physical or emotional well-being. [260.172, subd. 2a] 146.14 Subd. 4. [MENTAL HEALTH TREATMENT.] (a) Except as provided 146.15 in paragraph (b), a child who is held in detention as an alleged 146.16 victim of child abuse as defined in section 630.36, subdivision 146.17 2, may not be given mental health treatment specifically for the 146.18 effects of the alleged abuse until the court finds that there is 146.19 probable cause to believe the abuse has occurred. 146.20 (b) A child described in paragraph (a) may be given mental 146.21 health treatment prior to a probable cause finding of child 146.22 abuse if the treatment is either agreed to by the child's parent 146.23 or guardian in writing, or ordered by the court according to the 146.24 standard contained in section 260C.201, subdivision 1. 146.25 [260.172, subd. 2b] 146.26 Subd. 5. [COPIES OF ORDER.] Copies of the court's order 146.27 shall be served upon the parties, including the supervisor of 146.28 the detention facility, who shall release the child or continue 146.29 to hold the child as the court orders. 146.30 When the court's order is served upon these parties, notice 146.31 shall also be given to the parties of the subsequent reviews 146.32 provided by subdivision 4. The notice shall also inform each 146.33 party of the right to submit to the court for informal review 146.34 any new evidence regarding whether the child should be continued 146.35 in detention and to request a hearing to present the evidence to 146.36 the court. [260.172, subd. 3] 147.1 Subd. 6. [REVIEW.] If a child held in detention under a 147.2 court order issued under subdivision 2 has not been released 147.3 prior to expiration of the order, the court or referee shall 147.4 informally review the child's case file to determine, under the 147.5 standards provided by subdivision 1, whether detention should be 147.6 continued. If detention is continued thereafter, informal 147.7 reviews such as these shall be held within every eight days, 147.8 excluding Saturdays, Sundays and holidays, of the child's 147.9 detention. 147.10 A hearing, rather than an informal review of the child's 147.11 case file, shall be held at the request of any one of the 147.12 parties notified pursuant to subdivision 5, if that party 147.13 notifies the court of a wish to present to the court new 147.14 evidence concerning whether the child should be continued in 147.15 detention or notifies the court of a wish to present an 147.16 alternate placement arrangement to provide for the safety and 147.17 protection of the child. 147.18 In addition, if a child was taken into detention under 147.19 section 260C.151, subdivision 5, or 260C.175, subdivision 1, 147.20 clause (c)(2), and is held in detention under a court order 147.21 issued under subdivision 2, the court shall schedule and hold an 147.22 adjudicatory hearing on the petition within 60 days of the 147.23 detention hearing upon the request of any party to the 147.24 proceeding. However, if good cause is shown by a party to the 147.25 proceeding why the hearing should not be held within that time 147.26 period, the hearing shall be held within 90 days, unless the 147.27 parties agree otherwise and the court so orders. [260.172, 147.28 subd. 4] 147.29 Sec. 21. [260C.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 147.30 CARE FACILITY.] 147.31 Subdivision 1. [TEMPORARY CUSTODY.] A child taken into 147.32 custody pursuant to section 260C.175 may be detained for up to 147.33 24 hours in a shelter care facility, secure detention facility, 147.34 or, if there is no secure detention facility available for use 147.35 by the county having jurisdiction over the child, in a jail or 147.36 other facility for the confinement of adults who have been 148.1 charged with or convicted of a crime in quarters separate from 148.2 any adult confined in the facility which has been approved for 148.3 the detention of juveniles by the commissioner of corrections. 148.4 At the end of the 24 hour detention any child requiring further 148.5 detention may be detained only as provided in this section. 148.6 [260.173, subd. 1] 148.7 Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the 148.8 provisions of subdivision 1, if the child had been taken into 148.9 custody pursuant to section 260C.175, subdivision 1, clause (a) 148.10 or clause (c)(2), and is not alleged to be delinquent, the child 148.11 shall be detained in the least restrictive setting consistent 148.12 with the child's health and welfare and in closest proximity to 148.13 the child's family as possible. Placement may be with a child's 148.14 relative, a designated caregiver under chapter 257A, or in a 148.15 shelter care facility. The placing officer shall comply with 148.16 this section and shall document why a less restrictive setting 148.17 will or will not be in the best interests of the child for 148.18 placement purposes. [260.173, subd. 2] 148.19 Subd. 3. [PLACEMENT.] If the child had been taken into 148.20 custody and detained as one who is alleged to be in need of 148.21 protection or services under section 260C.007, subdivision 4, 148.22 clause (11) or (12), by reason of having been adjudicated, in 148.23 need of protection or services under section 260C.007, 148.24 subdivision 4, clause (11) or (12), or conditionally released by 148.25 the juvenile court without adjudication, has violated probation, 148.26 parole, or other field supervision under which the child had 148.27 been placed as a result of behavior described in this 148.28 subdivision; the child may be placed only in a shelter care 148.29 facility. [260.173, subd. 3 (omitting delinquency-related 148.30 text)] 148.31 Sec. 22. [260C.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 148.32 FOR MEDICAL CARE.] 148.33 Subdivision 1. [MEDICAL AID.] If a child is taken into 148.34 custody as provided in section 260C.175 and detained in a local 148.35 juvenile secure detention facility or a shelter care facility, 148.36 the child's county of residence shall pay the costs of medical 149.1 services provided to the child during the period of time the 149.2 child is residing in the facility. The county of residence is 149.3 entitled to reimbursement from the child or the child's family 149.4 for payment of medical bills to the extent that the child or the 149.5 child's family has the ability to pay for the medical services. 149.6 If there is a disagreement between the county and the child or 149.7 the child's family concerning the ability to pay or whether the 149.8 medical services were necessary, the court with jurisdiction 149.9 over the child shall determine the extent, if any, of the 149.10 child's or the family's ability to pay for the medical services 149.11 or whether the services are necessary. If the child is covered 149.12 by health or medical insurance or a health plan when medical 149.13 services are provided, the county paying the costs of medical 149.14 services has a right of subrogation to be reimbursed by the 149.15 insurance carrier or health plan for all amounts spent by it for 149.16 medical services to the child that are covered by the insurance 149.17 policy or health plan, in accordance with the benefits, 149.18 limitations, exclusions, provider restrictions, and other 149.19 provisions of the policy or health plan. The county may 149.20 maintain an action to enforce this subrogation right. The 149.21 county does not have a right of subrogation against the medical 149.22 assistance program, the MinnesotaCare program, or the general 149.23 assistance medical care program. [260.174, subd. 1 (omitting 149.24 delinquency-related text)] 149.25 Subd. 2. [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 149.26 its intake procedure for children, the official having custody 149.27 over the child shall ask the child or the child's family, as 149.28 appropriate, whether the child has health coverage. If the 149.29 child has coverage under a policy of accident and health 149.30 insurance regulated under chapter 62A, a health maintenance 149.31 contract regulated under chapter 62D, a group subscriber 149.32 contract regulated under chapter 62C, a health benefit 149.33 certificate regulated under chapter 64B, a self-insured plan, or 149.34 other health coverage, the child or the child's family, as 149.35 appropriate, shall provide to the official having custody over 149.36 the child the name of the carrier or administrator and other 150.1 information and authorizations necessary for the official having 150.2 custody over the child to obtain specific information about 150.3 coverage. [260.174, subd. 2] 150.4 Subd. 3. [OBTAINING HEALTH CARE IN COMPLIANCE WITH 150.5 COVERAGE.] A county board may authorize the officials having 150.6 custody over children to fulfill the county board's obligation 150.7 to provide the medical aid required by subdivision 1 in 150.8 accordance with the terms of the health plan covering the child, 150.9 where possible, subject to any rules and exceptions provided by 150.10 the county board. The official having custody over a child has 150.11 no obligation to the child or to the child's family to obtain 150.12 the child's health care in accordance with the child's health 150.13 coverage. [260.174, subd. 3] 150.14 Subd. 4. [SCOPE.] Subdivisions 1, 2, and 3 apply to any 150.15 medical aid, including dental care, provided to children held in 150.16 custody by the county as described in subdivision 1. [260.174, 150.17 subd. 4] 150.18 Sec. 23. [260C.193] [DISPOSITIONS; GENERAL PROVISIONS.] 150.19 Subdivision 1. [DISMISSAL OF PETITION.] Whenever the court 150.20 finds that the minor is not within the jurisdiction of the court 150.21 or that the facts alleged in the petition have not been proved, 150.22 it shall dismiss the petition. [260.181, subd. 1] 150.23 Subd. 2. [CONSIDERATION OF REPORTS.] Before making a 150.24 disposition in a case, or terminating parental rights, or 150.25 appointing a guardian for a child the court may consider any 150.26 report or recommendation made by the local social services 150.27 agency, probation officer, licensed child-placing agency, foster 150.28 parent, guardian ad litem, tribal representative, or other 150.29 authorized advocate for the child or child's family, a school 150.30 district concerning the effect on student transportation of 150.31 placing a child in a school district in which the child is not a 150.32 resident, or any other information deemed material by the court. 150.33 [260.181, subd. 2] 150.34 Subd. 3. [PROTECTION OF THE CHILD'S BEST INTERESTS.] (a) 150.35 The policy of the state is to ensure that the best interests of 150.36 children are met by requiring individualized determinations of 151.1 the needs of the child and of how the selected placement will 151.2 serve the needs of the child in foster care placements. 151.3 (b) Among the factors to be considered in determining the 151.4 needs of the child are: 151.5 (1) the child's current functioning and behaviors; 151.6 (2) the medical, educational, and developmental needs of 151.7 the child; 151.8 (3) the child's history and past experience; 151.9 (4) the child's religious and cultural needs; 151.10 (5) the child's connection with a community, school, and 151.11 church; 151.12 (6) the child's interests and talents; 151.13 (7) the child's relationship to current caretakers, 151.14 parents, siblings, and relatives; and 151.15 (8) the reasonable preference of the child, if the court, 151.16 or in the case of a voluntary placement the child-placing 151.17 agency, deems the child to be of sufficient age to express 151.18 preferences. 151.19 (c) The court, in transferring legal custody of any child 151.20 or appointing a guardian for the child under the laws relating 151.21 to juvenile courts, shall consider placement, consistent with 151.22 the child's best interests and in the following order, in the 151.23 legal custody or guardianship of an individual who (1) is 151.24 related to the child by blood, marriage, or adoption, or (2) is 151.25 an important friend with whom the child has resided or had 151.26 significant contact. Placement of a child cannot be delayed or 151.27 denied based on race, color, or national origin of the foster 151.28 parent or the child. Whenever possible, siblings should be 151.29 placed together unless it is determined not to be in the best 151.30 interests of a sibling. 151.31 (d) If the child's birth parent or parents explicitly 151.32 request that a relative or important friend not be considered, 151.33 the court shall honor that request if it is consistent with the 151.34 best interests of the child. 151.35 If the child's birth parent or parents express a preference 151.36 for placing the child in a foster or adoptive home of the same 152.1 or a similar religious background to that of the birth parent or 152.2 parents, the court shall order placement of the child with an 152.3 individual who meets the birth parent's religious preference. 152.4 (e) This subdivision does not affect the Indian Child 152.5 Welfare Act, United States Code, title 25, sections 1901 to 152.6 1923, and the Minnesota Indian Family Preservation Act, sections 152.7 260.751 to 260.835. [260.181, subd. 3] 152.8 Subd. 4. [REPORTS; JUVENILES PLACED OUT OF STATE.] 152.9 Whenever a child is placed in a residential program located 152.10 outside of this state pursuant to a disposition order issued 152.11 under section 260C.201, the juvenile court administrator shall 152.12 report the following information to the state court 152.13 administrator: 152.14 (1) the fact that the placement is out of state; 152.15 (2) the type of placement; and 152.16 (3) the reason for the placement. [260.181, subd. 3a] 152.17 Subd. 5. [TERMINATION OF JURISDICTION.] The court may 152.18 dismiss the petition or otherwise terminate its jurisdiction on 152.19 its own motion or on the motion or petition of any interested 152.20 party at any time. Unless terminated by the court, and except 152.21 as otherwise provided in this subdivision, the jurisdiction of 152.22 the court shall continue until the individual becomes 19 years 152.23 of age if the court determines it is in the best interest of the 152.24 individual to do so. Court jurisdiction under section 260C.007, 152.25 subdivision 4, clause (12), may not continue past the child's 152.26 17th birthday. [260.181, subd. 4 (omitting delinquency-related 152.27 text)] 152.28 Sec. 24. [260C.201] [DISPOSITIONS; CHILDREN WHO ARE IN 152.29 NEED OF PROTECTION OR SERVICES OR NEGLECTED AND IN FOSTER CARE.] 152.30 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that 152.31 the child is in need of protection or services or neglected and 152.32 in foster care, it shall enter an order making any of the 152.33 following dispositions of the case: 152.34 (1) place the child under the protective supervision of the 152.35 local social services agency or child-placing agency in the 152.36 child's own home under conditions prescribed by the court 153.1 directed to the correction of the child's need for protection or 153.2 services; 153.3 (2) transfer legal custody to one of the following: 153.4 (i) a child-placing agency; or 153.5 (ii) the local social services agency. 153.6 In placing a child whose custody has been transferred under 153.7 this paragraph, the agencies shall follow the order of 153.8 preference stated in section 260C.193, subdivision 3; 153.9 (3) if the child is in need of special treatment and care 153.10 for reasons of physical or mental health, the court may order 153.11 the child's parent, guardian, or custodian to provide it. If 153.12 the parent, guardian, or custodian fails or is unable to provide 153.13 this treatment or care, the court may order it provided. The 153.14 court shall not transfer legal custody of the child for the 153.15 purpose of obtaining special treatment or care solely because 153.16 the parent is unable to provide the treatment or care. If the 153.17 court's order for mental health treatment is based on a 153.18 diagnosis made by a treatment professional, the court may order 153.19 that the diagnosing professional not provide the treatment to 153.20 the child if it finds that such an order is in the child's best 153.21 interests; or 153.22 (4) if the court believes that the child has sufficient 153.23 maturity and judgment and that it is in the best interests of 153.24 the child, the court may order a child 16 years old or older to 153.25 be allowed to live independently, either alone or with others as 153.26 approved by the court under supervision the court considers 153.27 appropriate, if the county board, after consultation with the 153.28 court, has specifically authorized this dispositional 153.29 alternative for a child. 153.30 (b) If the child was adjudicated in need of protection or 153.31 services because the child is a runaway or habitual truant, the 153.32 court may order any of the following dispositions in addition to 153.33 or as alternatives to the dispositions authorized under 153.34 paragraph (a): 153.35 (1) counsel the child or the child's parents, guardian, or 153.36 custodian; 154.1 (2) place the child under the supervision of a probation 154.2 officer or other suitable person in the child's own home under 154.3 conditions prescribed by the court, including reasonable rules 154.4 for the child's conduct and the conduct of the parents, 154.5 guardian, or custodian, designed for the physical, mental, and 154.6 moral well-being and behavior of the child; or with the consent 154.7 of the commissioner of corrections, place the child in a group 154.8 foster care facility which is under the commissioner's 154.9 management and supervision; 154.10 (3) subject to the court's supervision, transfer legal 154.11 custody of the child to one of the following: 154.12 (i) a reputable person of good moral character. No person 154.13 may receive custody of two or more unrelated children unless 154.14 licensed to operate a residential program under sections 245A.01 154.15 to 245A.16; or 154.16 (ii) a county probation officer for placement in a group 154.17 foster home established under the direction of the juvenile 154.18 court and licensed pursuant to section 241.021; 154.19 (4) require the child to pay a fine of up to $100. The 154.20 court shall order payment of the fine in a manner that will not 154.21 impose undue financial hardship upon the child; 154.22 (5) require the child to participate in a community service 154.23 project; 154.24 (6) order the child to undergo a chemical dependency 154.25 evaluation and, if warranted by the evaluation, order 154.26 participation by the child in a drug awareness program or an 154.27 inpatient or outpatient chemical dependency treatment program; 154.28 (7) if the court believes that it is in the best interests 154.29 of the child and of public safety that the child's driver's 154.30 license or instruction permit be canceled, the court may order 154.31 the commissioner of public safety to cancel the child's license 154.32 or permit for any period up to the child's 18th birthday. If 154.33 the child does not have a driver's license or permit, the court 154.34 may order a denial of driving privileges for any period up to 154.35 the child's 18th birthday. The court shall forward an order 154.36 issued under this clause to the commissioner, who shall cancel 155.1 the license or permit or deny driving privileges without a 155.2 hearing for the period specified by the court. At any time 155.3 before the expiration of the period of cancellation or denial, 155.4 the court may, for good cause, order the commissioner of public 155.5 safety to allow the child to apply for a license or permit, and 155.6 the commissioner shall so authorize; 155.7 (8) order that the child's parent or legal guardian deliver 155.8 the child to school at the beginning of each school day for a 155.9 period of time specified by the court; or 155.10 (9) require the child to perform any other activities or 155.11 participate in any other treatment programs deemed appropriate 155.12 by the court. 155.13 (c) If a child who is 14 years of age or older is 155.14 adjudicated in need of protection or services because the child 155.15 is a habitual truant and truancy procedures involving the child 155.16 were previously dealt with by a school attendance review board 155.17 or county attorney mediation program under section 260A.06 or 155.18 260A.07, the court shall order a cancellation or denial of 155.19 driving privileges under paragraph (b), clause (7), for any 155.20 period up to the child's 18th birthday. [260.191, subd. 1] 155.21 Subd. 2. [WRITTEN FINDINGS.] Any order for a disposition 155.22 authorized under this section shall contain written findings of 155.23 fact to support the disposition ordered, and shall also set 155.24 forth in writing the following information: 155.25 (a) Why the best interests of the child are served by the 155.26 disposition ordered; 155.27 (b) What alternative dispositions were considered by the 155.28 court and why such dispositions were not appropriate in the 155.29 instant case; 155.30 (c) How the court's disposition complies with the 155.31 requirements of section 260C.193, subdivision 3; and 155.32 (d) Whether reasonable efforts consistent with section 155.33 260.012 were made to prevent or eliminate the necessity of the 155.34 child's removal and to reunify the family after removal. The 155.35 court's findings must include a brief description of what 155.36 preventive and reunification efforts were made and why further 156.1 efforts could not have prevented or eliminated the necessity of 156.2 removal. 156.3 If the court finds that the social services agency's 156.4 preventive or reunification efforts have not been reasonable but 156.5 that further preventive or reunification efforts could not 156.6 permit the child to safely remain at home, the court may 156.7 nevertheless authorize or continue the removal of the child. 156.8 [260.191, subd. 1a] 156.9 Subd. 3. [DOMESTIC CHILD ABUSE.] If the court finds that 156.10 the child is a victim of domestic child abuse, as defined in 156.11 section 260C.007, subdivision 20, it may order any of the 156.12 following dispositions of the case in addition to or as 156.13 alternatives to the dispositions authorized under subdivision 1: 156.14 (1) restrain any party from committing acts of domestic 156.15 child abuse; 156.16 (2) exclude the abusing party from the dwelling which the 156.17 family or household members share or from the residence of the 156.18 child; 156.19 (3) on the same basis as is provided in chapter 518, 156.20 establish temporary visitation with regard to minor children of 156.21 the adult family or household members; 156.22 (4) on the same basis as is provided in chapter 518, 156.23 establish temporary support or maintenance for a period of 30 156.24 days for minor children or a spouse; 156.25 (5) provide counseling or other social services for the 156.26 family or household members; or 156.27 (6) order the abusing party to participate in treatment or 156.28 counseling services. 156.29 Any relief granted by the order for protection shall be for 156.30 a fixed period not to exceed one year. 156.31 However, no order excluding the abusing party from the 156.32 dwelling may be issued unless the court finds that: 156.33 (1) the order is in the best interests of the child or 156.34 children remaining in the dwelling; 156.35 (2) a remaining adult family or household member is able to 156.36 care adequately for the child or children in the absence of the 157.1 excluded party; and 157.2 (3) the local welfare agency has developed a plan to 157.3 provide appropriate social services to the remaining family or 157.4 household members. [260.191, subd. 1b] 157.5 Subd. 4. [SUPPORT ORDERS.] If the court issues an order 157.6 for protection pursuant to section 260C.201, subdivision 3, 157.7 excluding an abusing party from the dwelling who is the parent 157.8 of a minor family or household member, it shall transfer the 157.9 case file to the court which has jurisdiction over proceedings 157.10 under chapter 518 for the purpose of establishing support or 157.11 maintenance for minor children or a spouse, as provided in 157.12 chapter 518, during the effective period of the order for 157.13 protection. The court to which the case file is transferred 157.14 shall schedule and hold a hearing on the establishment of 157.15 support or maintenance within 30 days of the issuance of the 157.16 order for protection. After an order for support or maintenance 157.17 has been granted or denied, the case file shall be returned to 157.18 the juvenile court, and the order for support or maintenance, if 157.19 any, shall be incorporated into the order for protection. 157.20 [260.191, subd. 1c] 157.21 Subd. 5. [VISITATION.] If the court orders that the child 157.22 be placed outside of the child's home or present residence, it 157.23 shall set reasonable rules for supervised or unsupervised 157.24 parental visitation that contribute to the objectives of the 157.25 court order and the maintenance of the familial relationship. 157.26 No parent may be denied visitation unless the court finds at the 157.27 disposition hearing that the visitation would act to prevent the 157.28 achievement of the order's objectives or that it would endanger 157.29 the child's physical or emotional well-being. The court shall 157.30 set reasonable rules for visitation for any relatives as defined 157.31 in section 260C.193, subdivision 3, if visitation is consistent 157.32 with the best interests of the child. [260.191, subd. 1d] 157.33 Subd. 6. [CASE PLAN.] For each disposition ordered, the 157.34 court shall order the appropriate agency to prepare a written 157.35 case plan developed after consultation with any foster parents, 157.36 and consultation with and participation by the child and the 158.1 child's parent, guardian, or custodian, guardian ad litem, and 158.2 tribal representative if the tribe has intervened. The case 158.3 plan shall comply with the requirements of section 260C.212, 158.4 where applicable. The case plan shall, among other matters, 158.5 specify the actions to be taken by the child and the child's 158.6 parent, guardian, foster parent, or custodian to comply with the 158.7 court's disposition order, and the services to be offered and 158.8 provided by the agency to the child and the child's parent, 158.9 guardian, or custodian. The court shall review the case plan 158.10 and, upon approving it, incorporate the plan into its 158.11 disposition order. The court may review and modify the terms of 158.12 the case plan in the manner provided in subdivision 2. For each 158.13 disposition ordered, the written case plan shall specify what 158.14 reasonable efforts shall be provided to the family. The case 158.15 plan must include a discussion of: 158.16 (1) the availability of appropriate prevention and 158.17 reunification services for the family to prevent the removal of 158.18 the child from the home or to reunify the child with the family 158.19 after removal; 158.20 (2) any services or resources that were requested by the 158.21 child or the child's parent, guardian, foster parent, or 158.22 custodian since the date of initial adjudication, and whether 158.23 those services or resources were provided or the basis for 158.24 denial of the services or resources; 158.25 (3) the need of the child and family for care, treatment, 158.26 or rehabilitation; 158.27 (4) the need for participation by the parent, guardian, or 158.28 custodian in the plan of care for the child; 158.29 (5) the visitation rights and obligations of the parent or 158.30 other relatives, as defined in section 260C.193, subdivision 3, 158.31 during any period when the child is placed outside the home; and 158.32 (6) a description of any services that could prevent 158.33 placement or reunify the family if such services were available. 158.34 A party has a right to request a court review of the 158.35 reasonableness of the case plan upon a showing of a substantial 158.36 change of circumstances. [260.191, subd. 1e] 159.1 Subd. 7. [ORDER DURATION.] Subject to subdivisions 3a and 159.2 3b, all orders under this section shall be for a specified 159.3 length of time set by the court not to exceed one year. 159.4 However, before the order has expired and upon its own motion or 159.5 that of any interested party, the court shall, after notice to 159.6 the parties and a hearing, renew the order for another year or 159.7 make some other disposition of the case, until the individual is 159.8 no longer a minor. Any person to whom legal custody is 159.9 transferred shall report to the court in writing at such periods 159.10 as the court may direct. [260.191, subd. 2] 159.11 Subd. 8. [SERVICE OF ORDER.] Any person who provides 159.12 services to a child under a disposition order, or who is subject 159.13 to the conditions of a disposition order shall be served with a 159.14 copy of the order in the manner provided in the rules for 159.15 juvenile courts. [260.191, subd. 2a] 159.16 Subd. 9. [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 159.17 court transfers legal custody of a child to any licensed 159.18 child-placing agency or the local social services agency, it 159.19 shall transmit with the order transferring legal custody a copy 159.20 of its findings and a summary of its information concerning the 159.21 child. [260.191, subd. 3] 159.22 Subd. 10. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 159.23 the court places a child in a residential facility, as defined 159.24 in section 260C.212, subdivision 1, the court shall review the 159.25 out-of-home placement at least every six months to determine 159.26 whether continued out-of-home placement is necessary and 159.27 appropriate or whether the child should be returned home. The 159.28 court shall review agency efforts pursuant to section 260C.215, 159.29 subdivision 1, and order that the efforts continue if the agency 159.30 has failed to perform the duties under that section. The court 159.31 shall review the case plan and may modify the case plan as 159.32 provided under subdivisions 6 and 7. If the court orders 159.33 continued out-of-home placement, the court shall notify the 159.34 parents of the provisions of subdivision 11. 159.35 (b) When the court determines that a permanent placement 159.36 hearing is necessary because there is a likelihood that the 160.1 child will not return to a parent's care, the court may 160.2 authorize the agency with custody of the child to send the 160.3 notice provided in this paragraph to any adult with whom the 160.4 child is currently residing, any adult with whom the child has 160.5 resided for one year or longer in the past, any adult who has 160.6 maintained a relationship or exercised visitation with the child 160.7 as identified in the agency case plan for the child or 160.8 demonstrated an interest in the child, and any relative who has 160.9 provided a current address to the local social service agency. 160.10 This notice must not be provided to a parent whose parental 160.11 rights to the child have been terminated under section 260C.301 160.12 subdivision 1. The notice must state that a permanent home is 160.13 sought for the child and that individuals receiving the notice 160.14 may indicate to the agency within 30 days their interest in 160.15 providing a permanent home. [260.191, subd. 3a] 160.16 Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 160.17 PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 160.18 to determine the permanent status of a child not later than 12 160.19 months after the child is placed out of the home of the parent. 160.20 For purposes of this subdivision, the date of the child's 160.21 placement out of the home of the parent is the earlier of the 160.22 first court-ordered placement or the first court-approved 160.23 placement under section 260C.212, subdivision 8, of a child who 160.24 had been in voluntary placement. 160.25 For purposes of this subdivision, 12 months is calculated 160.26 as follows: 160.27 (1) during the pendency of a petition alleging that a child 160.28 is in need of protection or services, all time periods when a 160.29 child is placed out of the home of the parent are cumulated; 160.30 (2) if a child has been placed out of the home of the 160.31 parent within the previous five years in connection with one or 160.32 more prior petitions for a child in need of protection or 160.33 services, the lengths of all prior time periods when the child 160.34 was placed out of the home within the previous five years and 160.35 under the current petition, are cumulated. If a child under 160.36 this clause has been out of the home for 12 months or more, the 161.1 court, if it is in the best interests of the child, may extend 161.2 the total time the child may continue out of the home under the 161.3 current petition up to an additional six months before making a 161.4 permanency determination. 161.5 (b) Not later than ten days prior to this hearing, the 161.6 responsible social service agency shall file pleadings to 161.7 establish the basis for the permanent placement determination. 161.8 Notice of the hearing and copies of the pleadings must be 161.9 provided pursuant to section 260C.152. If a termination of 161.10 parental rights petition is filed before the date required for 161.11 the permanency planning determination, no hearing need be 161.12 conducted under this subdivision. The court shall determine 161.13 whether the child is to be returned home or, if not, what 161.14 permanent placement is consistent with the child's best 161.15 interests. The "best interests of the child" means all relevant 161.16 factors to be considered and evaluated. 161.17 (c) If the child is not returned to the home, the 161.18 dispositions available for permanent placement determination are: 161.19 (1) permanent legal and physical custody to a relative in 161.20 the best interests of the child. In transferring permanent 161.21 legal and physical custody to a relative, the juvenile court 161.22 shall follow the standards and procedures applicable under 161.23 chapter 260, 260C, or 518. An order establishing permanent 161.24 legal or physical custody under this subdivision must be filed 161.25 with the family court. The social service agency may petition 161.26 on behalf of the proposed custodian; 161.27 (2) termination of parental rights and adoption; the social 161.28 service agency shall file a petition for termination of parental 161.29 rights under section 260C.307 and all the requirements of 161.30 sections 260C.301 to 260C.328 remain applicable. An adoption 161.31 completed subsequent to a determination under this subdivision 161.32 may include an agreement for communication or contact under 161.33 section 259.58; or 161.34 (3) long-term foster care; transfer of legal custody and 161.35 adoption are preferred permanency options for a child who cannot 161.36 return home. The court may order a child into long-term foster 162.1 care only if it finds that neither an award of legal and 162.2 physical custody to a relative, nor termination of parental 162.3 rights nor adoption is in the child's best interests. Further, 162.4 the court may only order long-term foster care for the child 162.5 under this section if it finds the following: 162.6 (i) the child has reached age 12 and reasonable efforts by 162.7 the responsible social service agency have failed to locate an 162.8 adoptive family for the child; or 162.9 (ii) the child is a sibling of a child described in clause 162.10 (i) and the siblings have a significant positive relationship 162.11 and are ordered into the same long-term foster care home; or 162.12 (4) foster care for a specified period of time may be 162.13 ordered only if: 162.14 (i) the sole basis for an adjudication that a child is in 162.15 need of protection or services is that the child is a runaway, 162.16 is an habitual truant, or committed a delinquent act before age 162.17 ten; and 162.18 (ii) the court finds that foster care for a specified 162.19 period of time is in the best interests of the child. 162.20 (d) In ordering a permanent placement of a child, the court 162.21 must be governed by the best interests of the child, including a 162.22 review of the relationship between the child and relatives and 162.23 the child and other important persons with whom the child has 162.24 resided or had significant contact. 162.25 (e) Once a permanent placement determination has been made 162.26 and permanent placement has been established, further court 162.27 reviews and dispositional hearings are only necessary if the 162.28 placement is made under paragraph (c), clause (4), review is 162.29 otherwise required by federal law, an adoption has not yet been 162.30 finalized, or there is a disruption of the permanent or 162.31 long-term placement. 162.32 (f) An order under this subdivision must include the 162.33 following detailed findings: 162.34 (1) how the child's best interests are served by the order; 162.35 (2) the nature and extent of the responsible social service 162.36 agency's reasonable efforts, or, in the case of an Indian child, 163.1 active efforts, to reunify the child with the parent or parents; 163.2 (3) the parent's or parents' efforts and ability to use 163.3 services to correct the conditions which led to the out-of-home 163.4 placement; 163.5 (4) whether the conditions which led to the out-of-home 163.6 placement have been corrected so that the child can return home; 163.7 and 163.8 (5) if the child cannot be returned home, whether there is 163.9 a substantial probability of the child being able to return home 163.10 in the next six months. 163.11 (g) An order for permanent legal and physical custody of a 163.12 child may be modified under sections 518.18 and 518.185. The 163.13 social service agency is a party to the proceeding and must 163.14 receive notice. An order for long-term foster care is 163.15 reviewable upon motion and a showing by the parent of a 163.16 substantial change in the parent's circumstances such that the 163.17 parent could provide appropriate care for the child and that 163.18 removal of the child from the child's permanent placement and 163.19 the return to the parent's care would be in the best interest of 163.20 the child. [260.191, subd. 3b] 163.21 Subd. 12. [CONTINUANCE OF CASE.] If it is in the best 163.22 interests of the child to do so and if the allegations contained 163.23 in the petition have been admitted, or when a hearing has been 163.24 held as provided in section 260C.163 and the allegations 163.25 contained in the petition have been duly proven, before the 163.26 entry of a finding of need for protection or services or a 163.27 finding that a child is neglected and in foster care, the court 163.28 may continue the case for a period not to exceed 90 days on any 163.29 one order. Following the 90-day continuance: 163.30 (1) if both the parent and child have complied with the 163.31 terms of the continuance, the case must be dismissed without an 163.32 adjudication that the child is in need of protection or services 163.33 or that the child is neglected and in foster care; or 163.34 (2) if either the parent or child has not complied with the 163.35 terms of the continuance, the court shall adjudicate the child 163.36 in need of protection or services or neglected and in foster 164.1 care. [260.191, subd. 4] 164.2 Sec. 25. [260C.205] [DISPOSITIONS; VOLUNTARY FOSTER CARE 164.3 PLACEMENTS.] 164.4 Upon a petition for review of the foster care status of a 164.5 child, the court may: 164.6 (a) In the case of a petition required to be filed under 164.7 section 260C.212, subdivision 8, find that the child's needs are 164.8 being met, that the child's placement in foster care is in the 164.9 best interests of the child, and that the child will be returned 164.10 home in the next six months, in which case the court shall 164.11 approve the voluntary arrangement and continue the matter for 164.12 six months to assure the child returns to the parent's home. 164.13 (b) In the case of a petition required to be filed under 164.14 section 260C.212, subdivision 9, find that the child's needs are 164.15 being met and that the child's placement in foster care is in 164.16 the best interests of the child, in which case the court shall 164.17 approve the voluntary arrangement. The court shall order the 164.18 social service agency responsible for the placement to bring a 164.19 petition under section 260C.141, subdivision 1 or 2, as 164.20 appropriate, within 12 months. 164.21 (c) Find that the child's needs are not being met, in which 164.22 case the court shall order the social service agency or the 164.23 parents to take whatever action is necessary and feasible to 164.24 meet the child's needs, including, when appropriate, the 164.25 provision by the social service agency of services to the 164.26 parents which would enable the child to live at home, and order 164.27 a disposition under section 260C.201. 164.28 (d) Find that the child has been abandoned by parents 164.29 financially or emotionally, or that the developmentally disabled 164.30 child does not require out-of-home care because of the 164.31 handicapping condition, in which case the court shall order the 164.32 social service agency to file an appropriate petition pursuant 164.33 to sections 260C.141, subdivision 1, or 260C.307. 164.34 Nothing in this section shall be construed to prohibit 164.35 bringing a petition pursuant to section 260C.141, subdivision 1 164.36 or 4, sooner than required by court order pursuant to this 165.1 section. [260.192] 165.2 Sec. 26. [260C.208] [INFORMATION FOR CHILD PLACEMENT.] 165.3 Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An 165.4 agency with legal responsibility for the placement of a child 165.5 may request and shall receive all information pertaining to the 165.6 child that it considers necessary to appropriately carry out its 165.7 duties. That information must include educational, medical, 165.8 psychological, psychiatric, and social or family history data 165.9 retained in any form by any individual or entity. The agency 165.10 may gather appropriate data regarding the child's parents in 165.11 order to develop and implement a case plan required by section 165.12 260C.212. Upon request of the court responsible for overseeing 165.13 the provision of services to the child and family and for 165.14 implementing orders that are in the best interest of the child, 165.15 the responsible local social service agency or tribal social 165.16 service agency shall provide appropriate written or oral reports 165.17 from any individual or entity that has provided services to the 165.18 child or family. The reports must include the nature of the 165.19 services being provided the child or family; the reason for the 165.20 services; the nature, extent, and quality of the child's or 165.21 parent's participation in the services, where appropriate; and 165.22 recommendations for continued services, where appropriate. The 165.23 individual or entity shall report all observations and 165.24 information upon which it bases its report as well as its 165.25 conclusions. If necessary to facilitate the receipt of the 165.26 reports, the court may issue appropriate orders. [257.069, 165.27 subd. 1] 165.28 Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service 165.29 agency responsible for the residential placement of a child 165.30 under this section and the residential facility in which the 165.31 child is placed shall have access to the following data on the 165.32 child: 165.33 (1) medical data under section 13.42; 165.34 (2) corrections and detention data under section 13.85; 165.35 (3) juvenile court data under section 260C.171; and 165.36 (4) health records under section 144.335. [257.069, subd. 166.1 2] 166.2 Sec. 27. [260C.212] [CHILDREN IN FOSTER HOMES; PLACEMENT; 166.3 REVIEW.] 166.4 Subdivision 1. [PLACEMENT; PLAN.] A case plan shall be 166.5 prepared within 30 days after any child is placed in a 166.6 residential facility by court order or by the voluntary release 166.7 of the child by the parent or parents. 166.8 For purposes of this section, a residential facility means 166.9 any group home, family foster home or other publicly supported 166.10 out-of-home residential facility, including any out-of-home 166.11 residential facility under contract with the state, county or 166.12 other political subdivision, or any agency thereof, to provide 166.13 those services or foster care as defined in section 260C.007, 166.14 subdivision 9. 166.15 For the purposes of this section, a case plan means a 166.16 written document which is ordered by the court or which is 166.17 prepared by the social service agency responsible for the 166.18 residential facility placement and is signed by the parent or 166.19 parents, or other custodian, of the child, the child's legal 166.20 guardian, the social service agency responsible for the 166.21 residential facility placement, and, if possible, the child. 166.22 The document shall be explained to all persons involved in its 166.23 implementation, including the child who has signed the document, 166.24 and shall set forth: 166.25 (1) The specific reasons for the placement of the child in 166.26 a residential facility, including a description of the problems 166.27 or conditions in the home of the parent or parents which 166.28 necessitated removal of the child from home; 166.29 (2) The specific actions to be taken by the parent or 166.30 parents of the child to eliminate or correct the problems or 166.31 conditions identified in clause (1), and the time period during 166.32 which the actions are to be taken; 166.33 (3) The financial responsibilities and obligations, if any, 166.34 of the parents for the support of the child during the period 166.35 the child is in the residential facility; 166.36 (4) The visitation rights and obligations of the parent or 167.1 parents or other relatives as defined in section 260C.193, if 167.2 such visitation is consistent with the best interest of the 167.3 child, during the period the child is in the residential 167.4 facility; 167.5 (5) The social and other supportive services to be provided 167.6 to the parent or parents of the child, the child, and the 167.7 residential facility during the period the child is in the 167.8 residential facility; 167.9 (6) The date on which the child is expected to be returned 167.10 to the home of the parent or parents; 167.11 (7) The nature of the effort to be made by the social 167.12 service agency responsible for the placement to reunite the 167.13 family; and 167.14 (8) Notice to the parent or parents that placement of the 167.15 child in foster care may result in termination of parental 167.16 rights but only after notice and a hearing as provided in 167.17 chapter 260C. 167.18 The parent or parents and the child each shall have the 167.19 right to legal counsel in the preparation of the case plan and 167.20 shall be informed of the right at the time of placement of the 167.21 child. The child shall also have the right to a guardian ad 167.22 litem. If unable to employ counsel from their own resources, 167.23 the court shall appoint counsel upon the request of the parent 167.24 or parents or the child or the child's legal guardian. The 167.25 parent or parents may also receive assistance from any person or 167.26 social service agency in preparation of the case plan. 167.27 After the plan has been agreed upon by the parties 167.28 involved, the foster parents shall be fully informed of the 167.29 provisions of the case plan. 167.30 When an agency accepts a child for placement, the agency 167.31 shall determine whether the child has had a physical examination 167.32 by or under the direction of a licensed physician within the 12 167.33 months immediately preceding the date when the child came into 167.34 the agency's care. If there is documentation that the child has 167.35 had such an examination within the last 12 months, the agency is 167.36 responsible for seeing that the child has another physical 168.1 examination within one year of the documented examination and 168.2 annually in subsequent years. If the agency determines that the 168.3 child has not had a physical examination within the 12 months 168.4 immediately preceding placement, the agency shall ensure that 168.5 the child has the examination within 30 days of coming into the 168.6 agency's care and once a year in subsequent years. [257.071, 168.7 subd. 1] 168.8 Subd. 2. [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 168.9 THE CHILD.] (a) The policy of the state of Minnesota is to 168.10 ensure that the child's best interests are met by requiring an 168.11 individualized determination of the needs of the child and of 168.12 how the selected placement will serve the needs of the child 168.13 being placed. The authorized child-placing agency shall place a 168.14 child, released by court order or by voluntary release by the 168.15 parent or parents, in a family foster home selected by 168.16 considering placement with relatives and important friends 168.17 consistent with section 260C.193, subdivision 3. 168.18 (b) Among the factors the agency shall consider in 168.19 determining the needs of the child are those specified under 168.20 section 260C.193, subdivision 3, paragraph (b). 168.21 (c) Placement of a child cannot be delayed or denied based 168.22 on race, color, or national origin of the foster parent or the 168.23 child. Whenever possible, siblings should be placed together 168.24 unless it is determined not to be in the best interests of a 168.25 sibling. [257.071, subd. 1a] 168.26 Subd. 3. [LIMIT ON MULTIPLE PLACEMENTS.] If a child has 168.27 been placed in a residential facility pursuant to a court order 168.28 under section 260C.178 or 260C.201, the social service agency 168.29 responsible for the residential facility placement for the child 168.30 may not change the child's placement unless the agency 168.31 specifically documents that the current placement is unsuitable 168.32 or another placement is in the best interests of the child. 168.33 This subdivision does not apply if the new placement is in an 168.34 adoptive home or other permanent placement. [257.071, subd. 1b] 168.35 Subd. 4. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 168.36 social service agency shall inform a parent considering 169.1 voluntary placement of a child who is not developmentally 169.2 disabled or emotionally handicapped of the following: 169.3 (1) the parent and the child each has a right to separate 169.4 legal counsel before signing a voluntary placement agreement, 169.5 but not to counsel appointed at public expense; 169.6 (2) the parent is not required to agree to the voluntary 169.7 placement, and a parent who enters a voluntary placement 169.8 agreement may at any time request that the agency return the 169.9 child. If the parent so requests, the child must be returned 169.10 within 24 hours of the receipt of the request; 169.11 (3) evidence gathered during the time the child is 169.12 voluntarily placed may be used at a later time as the basis for 169.13 a petition alleging that the child is in need of protection or 169.14 services or as the basis for a petition seeking termination of 169.15 parental rights; 169.16 (4) if the local social service agency files a petition 169.17 alleging that the child is in need of protection or services or 169.18 a petition seeking the termination of parental rights, the 169.19 parent would have the right to appointment of separate legal 169.20 counsel and the child would have a right to the appointment of 169.21 counsel and a guardian ad litem as provided by law, and that 169.22 counsel will be appointed at public expense if they are unable 169.23 to afford counsel; and 169.24 (5) the timelines and procedures for review of voluntary 169.25 placements under subdivision 3, and the effect the time spent in 169.26 voluntary placement on the scheduling of a permanent placement 169.27 determination hearing under section 260C.201, subdivision 11. 169.28 [257.071, subd. 1c] 169.29 Subd. 5. [RELATIVE SEARCH; NATURE.] (a) Within six months 169.30 after a child is initially placed in a residential facility, the 169.31 local social service agency shall identify any relatives of the 169.32 child and notify them of the possibility of a permanent 169.33 out-of-home placement of the child, and that a decision not to 169.34 be a placement resource at the beginning of the case may affect 169.35 the relative's right to have the child placed with that relative 169.36 later. The relatives must be notified that they must keep the 170.1 local social service agency informed of their current address in 170.2 order to receive notice of any permanent placement hearing. A 170.3 relative who fails to provide a current address to the local 170.4 social service agency forfeits the right to notice of permanent 170.5 placement. 170.6 (b) When the agency determines that it is necessary to 170.7 prepare for the permanent placement determination hearing, or in 170.8 anticipation of filing a termination of parental rights 170.9 petition, the agency shall send notice to the relatives, any 170.10 adult with whom the child is currently residing, any adult with 170.11 whom the child has resided for one year or longer in the past, 170.12 and any adults who have maintained a relationship or exercised 170.13 visitation with the child as identified in the agency case 170.14 plan. The notice must state that a permanent home is sought for 170.15 the child and that the individuals receiving the notice may 170.16 indicate to the agency their interest in providing a permanent 170.17 home. The notice must contain an advisory that if the relative 170.18 chooses not to be a placement resource at the beginning of the 170.19 case, this may affect the relative's rights to have the child 170.20 placed with that relative permanently later on. [257.071, subd. 170.21 1d] 170.22 Subd. 6. [CHANGE IN PLACEMENT.] If a child is removed from 170.23 a permanent placement disposition authorized under section 170.24 260C.201, subdivision 11, within one year after the placement 170.25 was made: 170.26 (1) the child must be returned to the residential facility 170.27 where the child was placed immediately preceding the permanent 170.28 placement; or 170.29 (2) the court shall hold a hearing within ten days after 170.30 the child is taken into custody to determine where the child is 170.31 to be placed. A guardian ad litem must be appointed for the 170.32 child for this hearing. [257.071, subd. 1e] 170.33 Subd. 7. [SIX-MONTH REVIEW OF PLACEMENTS.] There shall be 170.34 an administrative review of the case plan of each child placed 170.35 in a residential facility no later than 180 days after the 170.36 initial placement of the child in a residential facility and at 171.1 least every six months thereafter if the child is not returned 171.2 to the home of the parent or parents within that time. The case 171.3 plan must be monitored and updated at each administrative 171.4 review. As an alternative to the administrative review, the 171.5 social service agency responsible for the placement may bring a 171.6 petition as provided in section 260C.141, subdivision 2, to the 171.7 court for review of the foster care to determine if placement is 171.8 in the best interests of the child. This petition must be 171.9 brought to the court within the applicable six months and is not 171.10 in lieu of the requirements contained in subdivision 3 or 4. A 171.11 court review conducted pursuant to section 260C.201, subdivision 171.12 11, shall satisfy the requirement for an administrative review 171.13 so long as the other requirements of this section are met. 171.14 [257.071, subd. 2] 171.15 Subd. 8. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 171.16 provided in subdivision 4, if the child has been placed in a 171.17 residential facility pursuant to a voluntary release by the 171.18 parent or parents, and is not returned home within 90 days after 171.19 initial placement in the residential facility, the social 171.20 service agency responsible for the placement shall: 171.21 (1) return the child to the home of the parent or parents; 171.22 or 171.23 (2) file a petition to extend the placement for 90 days. 171.24 The case plan must be updated when a petition is filed and 171.25 must include a specific plan for permanency. 171.26 If the court approves the extension, at the end of the 171.27 second 90-day period, the child must be returned to the parent's 171.28 home, unless a petition is filed for a child in need of 171.29 protection or services. [257.071, subd. 3] 171.30 Subd. 9. [REVIEW OF DEVELOPMENTALLY DISABLED AND 171.31 EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 171.32 disabled child, as that term is defined in United States Code, 171.33 title 42, section 6001 (7), as amended through December 31, 171.34 1979, or a child diagnosed with an emotional handicap as defined 171.35 in section 252.27, subdivision 1a, has been placed in a 171.36 residential facility pursuant to a voluntary release by the 172.1 child's parent or parents because of the child's handicapping 172.2 conditions or need for long-term residential treatment or 172.3 supervision, the social service agency responsible for the 172.4 placement shall bring a petition for review of the child's 172.5 foster care status, pursuant to section 260C.141, subdivision 2, 172.6 rather than a petition as required by section 260C.201, 172.7 subdivision 11, after the child has been in foster care for six 172.8 months or, in the case of a child with an emotional handicap, 172.9 after the child has been in a residential facility for six 172.10 months. Whenever a petition for review is brought pursuant to 172.11 this subdivision, a guardian ad litem shall be appointed for the 172.12 child. [257.071, subd. 4] 172.13 Subd. 10. [RULES; CHILDREN IN RESIDENTIAL FACILITIES.] The 172.14 commissioner of human services shall promulgate all rules 172.15 necessary to carry out the provisions of Public Law Number 172.16 96-272 as regards the establishment of a state goal for the 172.17 reduction of the number of children in residential facilities 172.18 beyond 24 months. [257.071, subd. 5] 172.19 Subd. 11. [RULES.] The commissioner shall revise Minnesota 172.20 Rules, parts 9545.0010 to 9545.0260, the rules setting standards 172.21 for family and group family foster care. The commissioner shall: 172.22 (1) require that, as a condition of licensure, foster care 172.23 providers attend training on understanding and validating the 172.24 cultural heritage of all children in their care, and on the 172.25 importance of the Indian Child Welfare Act, United States Code, 172.26 title 25, sections 1901 to 1923, and the Minnesota Indian Family 172.27 Preservation Act, sections 260.751 to 260.835; and 172.28 (2) review and, where necessary, revise foster care rules 172.29 to reflect sensitivity to cultural diversity and differing 172.30 lifestyles. Specifically, the commissioner shall examine 172.31 whether space and other requirements discriminate against 172.32 single-parent, minority, or low-income families who may be able 172.33 to provide quality foster care reflecting the values of their 172.34 own respective cultures. [257.071, subd. 7] 172.35 Subd. 12. [RULES ON REMOVAL OF CHILDREN.] The commissioner 172.36 shall adopt rules establishing criteria for removal of children 173.1 from their homes and return of children to their homes. 173.2 [257.071, subd. 8] 173.3 Subd. 13. [FAIR HEARING REVIEW.] Any person whose claim 173.4 for foster care payment pursuant to the placement of a child 173.5 resulting from a child protection assessment under section 173.6 626.556 is denied or not acted upon with reasonable promptness 173.7 may appeal the decision under section 256.045, subdivision 3. 173.8 The application and fair hearing procedures set forth in the 173.9 administration of community social services rule, Minnesota 173.10 Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 173.11 payment issues appealable under this subdivision. [257.071, 173.12 subd. 9] 173.13 Subd. 14. [RULES; FOSTER CARE FAIR HEARINGS.] The 173.14 commissioner shall review and, where necessary, revise foster 173.15 care rules to ensure that the rules provide adequate guidance 173.16 for implementation of foster care fair hearings, pursuant to 173.17 section 256.045, subdivision 3, clause (5), that comply with all 173.18 applicable federal requirements and the requirements of section 173.19 256.045. [257.071, subd. 10] 173.20 Sec. 28. [260C.215] [WELFARE OF CHILDREN.] 173.21 Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each 173.22 authorized child-placing agency shall make special efforts to 173.23 recruit a foster family from among the child's relatives, except 173.24 as authorized in section 260C.193, subdivision 3. In recruiting 173.25 placements for each child, the agency must focus on that child's 173.26 particular needs and the capacities of the particular 173.27 prospective foster parents to meet those needs. Each agency 173.28 shall provide for diligent recruitment of potential foster 173.29 families that reflect the ethnic and racial diversity of the 173.30 children in the state for whom foster homes are needed. Special 173.31 efforts include contacting and working with community 173.32 organizations and religious organizations and may include 173.33 contracting with these organizations, utilizing local media and 173.34 other local resources, conducting outreach activities, and 173.35 increasing the number of minority recruitment staff employed by 173.36 the agency. The requirement of special efforts to locate 174.1 relatives in this section is satisfied on the earlier of the 174.2 following occasions: 174.3 (1) when the child is placed with a relative who is 174.4 interested in providing a permanent placement for the child; or 174.5 (2) when the responsible child-placing agency has made 174.6 special efforts for six months following the child's placement 174.7 in a residential facility and the court approves the agency's 174.8 efforts pursuant to section 260C.201, subdivision 10. The 174.9 agency may accept any gifts, grants, offers of services, and 174.10 other contributions to use in making special recruitment efforts. 174.11 [257.072, subd. 1] 174.12 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of 174.13 human services shall: 174.14 (1) in cooperation with child-placing agencies, develop a 174.15 cost-effective campaign using radio and television to recruit 174.16 adoptive and foster families that reflect the ethnic and racial 174.17 diversity of children in the state for whom adoptive and foster 174.18 homes are needed; and 174.19 (2) require that agency staff people who work in the area 174.20 of adoption and foster family recruitment participate in 174.21 cultural competency training. [257.072, subd. 2] 174.22 Subd. 3. [RECRUITMENT SPECIALIST.] The commissioner shall 174.23 designate a permanent professional staff position for 174.24 recruitment of foster and adoptive families. The recruitment 174.25 specialist shall provide services to child-placing agencies 174.26 seeking to recruit adoptive and foster care families and 174.27 qualified professional staff. The recruitment specialist shall: 174.28 (1) develop materials for use by the agencies in training 174.29 staff; 174.30 (2) conduct in-service workshops for agency personnel; 174.31 (3) provide consultation, technical assistance, and other 174.32 appropriate services to agencies to strengthen and improve 174.33 service delivery to diverse populations; and 174.34 (4) conduct workshops for foster care and adoption 174.35 recruiters to evaluate the effectiveness of techniques for 174.36 recruiting foster and adoptive families; and 175.1 (5) perform other duties as assigned by the commissioner to 175.2 implement the Minnesota Indian Family Preservation Act, sections 175.3 260.751 to 260.835. 175.4 The commissioner may contract for portions of these 175.5 services. [257.072, subd. 3] 175.6 Subd. 4. [CONSULTATION WITH REPRESENTATIVES.] The 175.7 commissioner of human services, after seeking and considering 175.8 advice from representatives reflecting diverse populations from 175.9 the councils established under sections 3.922, 3.9223, 3.9225, 175.10 and 3.9226, and other state, local, and community organizations 175.11 shall: 175.12 (1) review, and where necessary, revise the department of 175.13 human services social service manual and practice guide to 175.14 reflect federal and state policy direction on placement of 175.15 children; 175.16 (2) develop criteria for determining whether a prospective 175.17 adoptive or foster family has the ability to understand and 175.18 validate the child's cultural background; 175.19 (3) develop a standardized training curriculum for adoption 175.20 and foster care workers, family-based providers, and 175.21 administrators who work with children. Training must address 175.22 the following objectives: 175.23 (a) developing and maintaining sensitivity to all cultures; 175.24 (b) assessing values and their cultural implications; and 175.25 (c) making individualized decisions that advance the best 175.26 interests of a particular child under section 260C.212, 175.27 subdivision 2; 175.28 (4) develop a training curriculum for family and extended 175.29 family members of adoptive and foster children. The curriculum 175.30 must address issues relating to cross-cultural placements as 175.31 well as issues that arise after a foster or adoptive placement 175.32 is made; and 175.33 (5) develop and provide to agencies an assessment tool to 175.34 be used in combination with group interviews and other 175.35 preplacement activities to evaluate prospective adoptive and 175.36 foster families. The tool must assess problem-solving skills; 176.1 identify parenting skills; and evaluate the degree to which the 176.2 prospective family has the ability to understand and validate 176.3 the child's cultural background. [257.072, subd. 4] 176.4 Subd. 5. [PLACEMENT REPORTS.] Beginning December 1, 1996, 176.5 the commissioner shall provide to the Indian affairs council, 176.6 the council on affairs of Chicano/Latino people, the council on 176.7 Black Minnesotans, and the council on Asian-Pacific Minnesotans 176.8 the annual report required under section 257.0725. [257.072, 176.9 subd. 5] 176.10 Subd. 6. [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 176.11 authorized child-placing agency must: 176.12 (1) develop and follow procedures for implementing the 176.13 requirements of section 260C.193, subdivision 3, and the Indian 176.14 Child Welfare Act, United States Code, title 25, sections 1901 176.15 to 1923; 176.16 (2) have a written plan for recruiting adoptive and foster 176.17 families that reflect the ethnic and racial diversity of 176.18 children who are in need of foster and adoptive homes. The plan 176.19 must include (a) strategies for using existing resources in 176.20 diverse communities, (b) use of diverse outreach staff wherever 176.21 possible, (c) use of diverse foster homes for placements after 176.22 birth and before adoption, and (d) other techniques as 176.23 appropriate; 176.24 (3) have a written plan for training adoptive and foster 176.25 families; 176.26 (4) have a written plan for employing staff in adoption and 176.27 foster care who have the capacity to assess the foster and 176.28 adoptive parents' ability to understand and validate a child's 176.29 cultural needs, and to advance the best interests of the child. 176.30 The plan must include staffing goals and objectives; 176.31 (5) ensure that adoption and foster care workers attend 176.32 training offered or approved by the department of human services 176.33 regarding cultural diversity and the needs of special needs 176.34 children; and 176.35 (6) develop and implement procedures for implementing the 176.36 requirements of the Indian Child Welfare Act and the Minnesota 177.1 Indian Family Preservation Act. 177.2 (b) In implementing the requirement to consider relatives 177.3 for placement, an authorized child-placing agency may disclose 177.4 private or confidential data, as defined in section 13.02, to 177.5 relatives of the child for the purpose of locating a suitable 177.6 placement. The agency shall disclose only data that is 177.7 necessary to facilitate implementing the preference. If a 177.8 parent makes an explicit request that the relative preference 177.9 not be followed, the agency shall bring the matter to the 177.10 attention of the court to determine whether the parent's request 177.11 is consistent with the best interests of the child and the 177.12 agency shall not contact relatives unless ordered to do so by 177.13 the juvenile court; and 177.14 (c) In determining the suitability of a proposed placement 177.15 of an Indian child, the standards to be applied must be the 177.16 prevailing social and cultural standards of the Indian child's 177.17 community, and the agency shall defer to tribal judgment as to 177.18 suitability of a particular home when the tribe has intervened 177.19 pursuant to the Indian Child Welfare Act. [257.072, subd. 7] 177.20 Subd. 7. [REPORTING REQUIREMENTS.] Each authorized 177.21 child-placing agency shall provide to the commissioner of human 177.22 services all data needed by the commissioner for the report 177.23 required by section 257.0725. The agency shall provide the data 177.24 within 15 days of the end of the period for which the data is 177.25 applicable. [257.072, subd. 8] 177.26 Subd. 8. [RULES.] The commissioner of human services shall 177.27 adopt rules to establish standards for conducting relative 177.28 searches, recruiting foster and adoptive families, evaluating 177.29 the role of relative status in the reconsideration of 177.30 disqualifications under section 245A.04, subdivision 3b, and 177.31 granting variances of licensing requirements under section 177.32 245A.04, subdivision 9, in licensing or approving an individual 177.33 related to a child. [257.072, subd. 9] 177.34 Sec. 29. [260C.301] [GROUNDS FOR TERMINATION OF PARENTAL 177.35 RIGHTS.] 177.36 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 178.1 court may upon petition, terminate all rights of a parent to a 178.2 child with the written consent of a parent who for good cause 178.3 desires to terminate parental rights; or if it finds that one or 178.4 more of the following conditions exist: 178.5 (1) that the parent has abandoned the child; or 178.6 (2) that the parent has substantially, continuously, or 178.7 repeatedly refused or neglected to comply with the duties 178.8 imposed upon that parent by the parent and child relationship, 178.9 including but not limited to providing the child with necessary 178.10 food, clothing, shelter, education, and other care and control 178.11 necessary for the child's physical, mental, or emotional health 178.12 and development, if the parent is physically and financially 178.13 able, and reasonable efforts by the social service agency have 178.14 failed to correct the conditions that formed the basis of the 178.15 petition; or 178.16 (3) that a parent has been ordered to contribute to the 178.17 support of the child or financially aid in the child's birth and 178.18 has continuously failed to do so without good cause. This 178.19 clause shall not be construed to state a grounds for termination 178.20 of parental rights of a noncustodial parent if that parent has 178.21 not been ordered to or cannot financially contribute to the 178.22 support of the child or aid in the child's birth; or 178.23 (4) that a parent is palpably unfit to be a party to the 178.24 parent and child relationship because of a consistent pattern of 178.25 specific conduct before the child or of specific conditions 178.26 directly relating to the parent and child relationship either of 178.27 which are determined by the court to be of a duration or nature 178.28 that renders the parent unable, for the reasonably foreseeable 178.29 future, to care appropriately for the ongoing physical, mental, 178.30 or emotional needs of the child. It is presumed that a parent 178.31 is palpably unfit to be a party to the parent and child 178.32 relationship upon a showing that: 178.33 (i) the child was adjudicated in need of protection or 178.34 services due to circumstances described in section 260C.007, 178.35 subdivision 4, clause (1), (2), (3), (5), or (8); and 178.36 (ii) the parent's parental rights to one or more other 179.1 children were involuntarily terminated under clause (1), (2), 179.2 (4), or (7), or under clause (5) if the child was initially 179.3 determined to be in need of protection or services due to 179.4 circumstances described in section 260C.007, subdivision 4, 179.5 clause (1), (2), (3), (5), or (8); or 179.6 (5) that following upon a determination of neglect or 179.7 dependency, or of a child's need for protection or services, 179.8 reasonable efforts, under the direction of the court, have 179.9 failed to correct the conditions leading to the determination. 179.10 It is presumed that reasonable efforts under this clause have 179.11 failed upon a showing that: 179.12 (i) a child has resided out of the parental home under 179.13 court order for a cumulative period of more than one year within 179.14 a five-year period following an adjudication of dependency, 179.15 neglect, need for protection or services under section 260C.007, 179.16 subdivision 4, clause (1), (2), (3), (6), (8), or (9), or 179.17 neglected and in foster care, and an order for disposition under 179.18 section 260C.201, including adoption of the case plan required 179.19 by section 260C.212; 179.20 (ii) conditions leading to the determination will not be 179.21 corrected within the reasonably foreseeable future. It is 179.22 presumed that conditions leading to a child's out-of-home 179.23 placement will not be corrected in the reasonably foreseeable 179.24 future upon a showing that the parent or parents have not 179.25 substantially complied with the court's orders and a reasonable 179.26 case plan, and the conditions which led to the out-of-home 179.27 placement have not been corrected; and 179.28 (iii) reasonable efforts have been made by the social 179.29 service agency to rehabilitate the parent and reunite the family. 179.30 This clause does not prohibit the termination of parental 179.31 rights prior to one year after a child has been placed out of 179.32 the home. 179.33 It is also presumed that reasonable efforts have failed 179.34 under this clause upon a showing that: 179.35 (i) the parent has been diagnosed as chemically dependent 179.36 by a professional certified to make the diagnosis; 180.1 (ii) the parent has been required by a case plan to 180.2 participate in a chemical dependency treatment program; 180.3 (iii) the treatment programs offered to the parent were 180.4 culturally, linguistically, and clinically appropriate; 180.5 (iv) the parent has either failed two or more times to 180.6 successfully complete a treatment program or has refused at two 180.7 or more separate meetings with a caseworker to participate in a 180.8 treatment program; and 180.9 (v) the parent continues to abuse chemicals. 180.10 Provided, that this presumption applies only to parents required 180.11 by a case plan to participate in a chemical dependency treatment 180.12 program on or after July 1, 1990; or 180.13 (6) that a child has experienced egregious harm in the 180.14 parent's care which is of a nature, duration, or chronicity that 180.15 indicates a lack of regard for the child's well-being, such that 180.16 a reasonable person would believe it contrary to the best 180.17 interest of the child or of any child to be in the parent's 180.18 care; or 180.19 (7) that in the case of a child born to a mother who was 180.20 not married to the child's father when the child was conceived 180.21 nor when the child was born the person is not entitled to notice 180.22 of an adoption hearing under section 259.49 and the person has 180.23 not registered with the putative fathers' adoption registry 180.24 under section 259.52; or 180.25 (8) that the child is neglected and in foster care; or 180.26 (9) that the parent has been convicted of a crime listed in 180.27 section 260.012, paragraph (b), clauses (1) to (3). 180.28 In an action involving an American Indian child, sections 180.29 260.751 to 260.835 and the Indian Child Welfare Act, United 180.30 States Code, title 25, sections 1901 to 1923, control to the 180.31 extent that the provisions of this section are inconsistent with 180.32 those laws. [260.221, subd. 1] 180.33 Subd. 2. [EVIDENCE OF ABANDONMENT.] For purposes of 180.34 subdivision 1, clause (1): 180.35 (a) Abandonment is presumed when: 180.36 (1) the parent has had no contact with the child on a 181.1 regular basis and not demonstrated consistent interest in the 181.2 child's well-being for six months; and 181.3 (2) the social service agency has made reasonable efforts 181.4 to facilitate contact, unless the parent establishes that an 181.5 extreme financial or physical hardship or treatment for mental 181.6 disability or chemical dependency or other good cause prevented 181.7 the parent from making contact with the child. This presumption 181.8 does not apply to children whose custody has been determined 181.9 under chapter 260, 260C, or 518. The court is not prohibited 181.10 from finding abandonment in the absence of this presumption. 181.11 (b) The following are prima facie evidence of abandonment 181.12 where adoption proceedings are pending and there has been a 181.13 showing that the person was not entitled to notice of an 181.14 adoption proceeding under section 259.49: 181.15 (1) failure to register with the putative fathers' adoption 181.16 registry under section 259.52; or 181.17 (2) if the person registered with the putative fathers' 181.18 adoption registry under section 259.52: 181.19 (i) filing a denial of paternity within 30 days of receipt 181.20 of notice under section 259.52, subdivision 8; 181.21 (ii) failing to timely file an intent to claim parental 181.22 rights with entry of appearance form within 30 days of receipt 181.23 of notice under section 259.52, subdivision 10; or 181.24 (iii) timely filing an intent to claim parental rights with 181.25 entry of appearance form within 30 days of receipt of notice 181.26 under section 259.52, subdivision 10, but failing to initiate a 181.27 paternity action within 30 days of receiving the putative 181.28 fathers' adoption registry notice where there has been no 181.29 showing of good cause for the delay. [260.221, subd. 1a] 181.30 Subd. 3. [ADOPTIVE PARENT.] For purposes of subdivision 1, 181.31 clause (a), an adoptive parent may not terminate parental rights 181.32 to an adopted child for a reason that would not apply to a birth 181.33 parent seeking termination of parental rights to a child under 181.34 subdivision 1, clause (a). [260.221, subd. 2] 181.35 Subd. 4. [WHEN PRIOR FINDING REQUIRED.] For purposes of 181.36 subdivision 1, clause (b), no prior judicial finding of 182.1 dependency, neglect, need for protection or services, or 182.2 neglected and in foster care is required, except as provided in 182.3 subdivision 1, clause (b), item (5). [260.221, subd. 3] 182.4 Subd. 5. [BEST INTERESTS OF CHILD PARAMOUNT.] In any 182.5 proceeding under this section, the best interests of the child 182.6 must be the paramount consideration, provided that the 182.7 conditions in subdivision 1, clause (a), or at least one 182.8 condition in subdivision 1, clause (b), are found by the court. 182.9 In proceedings involving an American Indian child, as defined in 182.10 section 260.755, subdivision 8, the best interests of the child 182.11 must be determined consistent with the Indian Child Welfare Act 182.12 of 1978, United States Code, title 25, section 1901, et seq. 182.13 Where the interests of parent and child conflict, the interests 182.14 of the child are paramount. [260.221, subd. 4] 182.15 Subd. 6. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 182.16 proceeding under this section, the court shall make specific 182.17 findings: 182.18 (1) regarding the nature and extent of efforts made by the 182.19 social service agency to rehabilitate the parent and reunite the 182.20 family; 182.21 (2) that provision of services or further services for the 182.22 purpose of rehabilitation and reunification is futile and 182.23 therefore unreasonable under the circumstances; or 182.24 (3) that reunification is not required because the parent 182.25 has been convicted of a crime listed in section 260.012, 182.26 paragraph (b), clauses (1) to (3). [260.221, subd. 5] 182.27 Sec. 30. [260C.303] [VENUE.] 182.28 Venue for proceedings for the termination of parental 182.29 rights is either the county where the child resides or is found. 182.30 However, if a court has made an order under the provisions of 182.31 section 260C.201, and the order is in force at the time a 182.32 petition for termination of parental rights is filed, the court 182.33 making the order shall hear the termination of parental rights 182.34 proceeding unless it transfers the proceeding in the manner 182.35 provided in section 260C.121, subdivision 2. [260.225] 182.36 Sec. 31. [260C.307] [PROCEDURES IN TERMINATING PARENTAL 183.1 RIGHTS.] 183.2 Subdivision 1. [WHO MAY PETITION.] Any reputable person, 183.3 including but not limited to any agent of the commissioner of 183.4 human services, having knowledge of circumstances which indicate 183.5 that the rights of a parent to a child should be terminated, may 183.6 petition the juvenile court in the manner provided in section 183.7 260C.141, subdivisions 4 and 5. [260.231, subd. 1] 183.8 Subd. 2. [HEARING REQUIREMENT.] The termination of 183.9 parental rights under the provisions of section 260C.301, shall 183.10 be made only after a hearing before the court, in the manner 183.11 provided in section 260C.163. [260.231, subd. 2] 183.12 Subd. 3. [NOTICE.] The court shall have notice of the 183.13 time, place, and purpose of the hearing served on the parents, 183.14 as defined in sections 257.51 to 257.74 or 259.49, subdivision 183.15 1, clause (2), and upon the child's grandparent if the child has 183.16 lived with the grandparent within the two years immediately 183.17 preceding the filing of the petition. Notice must be served in 183.18 the manner provided in sections 260C.151 and 260C.152, except 183.19 that personal service shall be made at least ten days before the 183.20 day of the hearing. Published notice shall be made for three 183.21 weeks, the last publication to be at least ten days before the 183.22 day of the hearing; and notice sent by certified mail shall be 183.23 mailed at least 20 days before the day of the hearing. A parent 183.24 who consents to the termination of parental rights under the 183.25 provisions of section 260C.301, subdivision 2, clause (a), may 183.26 waive in writing the notice required by this subdivision; 183.27 however, if the parent is a minor or incompetent the waiver 183.28 shall be effective only if the parent's guardian ad litem 183.29 concurs in writing. [260.231, subd. 3] 183.30 Subd. 4. [CONSENT.] No parental rights of a minor or 183.31 incompetent parent may be terminated on consent of the parents 183.32 under the provisions of section 260C.301, subdivision 2, clause 183.33 (a), unless the guardian ad litem, in writing, joins in the 183.34 written consent of the parent to the termination of parental 183.35 rights. [260.231, subd. 4] 183.36 Sec. 32. [260C.312] [DISPOSITION; PARENTAL RIGHTS NOT 184.1 TERMINATED.] 184.2 If, after a hearing, the court does not terminate parental 184.3 rights but determines that the child is in need of protection or 184.4 services, or that the child is neglected and in foster care, the 184.5 court may find the child is in need of protection or services or 184.6 neglected and in foster care and may enter an order in 184.7 accordance with the provisions of section 260C.201. [260.235] 184.8 Sec. 33. [260C.317] [TERMINATION OF PARENTAL RIGHTS; 184.9 EFFECT.] 184.10 Subdivision 1. [TERMINATION.] If, after a hearing, the 184.11 court finds by clear and convincing evidence that one or more of 184.12 the conditions set out in section 260C.301 exist, it may 184.13 terminate parental rights. Upon the termination of parental 184.14 rights all rights, powers, privileges, immunities, duties, and 184.15 obligations, including any rights to custody, control, 184.16 visitation, or support existing between the child and parent 184.17 shall be severed and terminated and the parent shall have no 184.18 standing to appear at any further legal proceeding concerning 184.19 the child. Provided, however, that a parent whose parental 184.20 rights are terminated: 184.21 (1) shall remain liable for the unpaid balance of any 184.22 support obligation owed under a court order upon the effective 184.23 date of the order terminating parental rights; and 184.24 (2) may be a party to a communication or contact agreement 184.25 under section 259.58. [260.241, subd. 1] 184.26 Subd. 2. [ORDER.] An order terminating the parent and 184.27 child relationship shall not disentitle a child to any benefit 184.28 due the child from any third person, agency, state, or the 184.29 United States, nor shall any action under this section be deemed 184.30 to affect any rights and benefits that a child derives from the 184.31 child's descent from a member of a federally recognized Indian 184.32 tribe. [260.241, subd. 2] 184.33 Subd. 3. [RETENTION OF JURISDICTION.] (a) A certified copy 184.34 of the findings and the order terminating parental rights, and a 184.35 summary of the court's information concerning the child shall be 184.36 furnished by the court to the commissioner or the agency to 185.1 which guardianship is transferred. The orders shall be on a 185.2 document separate from the findings. The court shall furnish 185.3 the individual to whom guardianship is transferred a copy of the 185.4 order terminating parental rights. 185.5 (b) The court shall retain jurisdiction in a case where 185.6 adoption is the intended permanent placement disposition. The 185.7 guardian ad litem and counsel for the child shall continue on 185.8 the case until an adoption decree is entered. A hearing must be 185.9 held every 90 days following termination of parental rights for 185.10 the court to review progress toward an adoptive placement. 185.11 (c) The court shall retain jurisdiction in a case where 185.12 long-term foster care is the permanent disposition. The 185.13 guardian ad litem and counsel for the child must be dismissed 185.14 from the case on the effective date of the permanent placement 185.15 order. However, the foster parent and the child, if of 185.16 sufficient age, must be informed how they may contact a guardian 185.17 ad litem if the matter is subsequently returned to court. 185.18 [260.241, subd. 3] 185.19 Subd. 4. [RIGHTS OF TERMINATED PARENT.] Upon entry of an 185.20 order terminating the parental rights of any person who is 185.21 identified as a parent on the original birth certificate of the 185.22 child as to whom the parental rights are terminated, the court 185.23 shall cause written notice to be made to that person setting 185.24 forth: 185.25 (a) The right of the person to file at any time with the 185.26 state registrar of vital statistics a consent to disclosure, as 185.27 defined in section 144.212, subdivision 11; 185.28 (b) The right of the person to file at any time with the 185.29 state registrar of vital statistics an affidavit stating that 185.30 the information on the original birth certificate shall not be 185.31 disclosed as provided in section 144.1761; 185.32 (c) The effect of a failure to file either a consent to 185.33 disclosure, as defined in section 144.212, subdivision 11, or an 185.34 affidavit stating that the information on the original birth 185.35 certificate shall not be disclosed. [260.241, subd. 4] 185.36 Sec. 34. [260C.325] [GUARDIAN.] 186.1 Subdivision 1. [TRANSFER OF CUSTODY.] If the court 186.2 terminates parental rights of both parents or of the only known 186.3 living parent, the court shall order the guardianship and the 186.4 legal custody of the child transferred to: 186.5 (a) The commissioner of human services; or 186.6 (b) A licensed child-placing agency; or 186.7 (c) An individual who is willing and capable of assuming 186.8 the appropriate duties and responsibilities to the child. 186.9 [260.242, subd. 1] 186.10 Subd. 2. [PROTECTION OF HERITAGE OR BACKGROUND.] In 186.11 ordering guardianship and transferring legal custody of the 186.12 child to an individual under this section, the court shall 186.13 comply with the provisions of section 260C.193, subdivision 3. 186.14 [260.242, subd. 1a] 186.15 Subd. 3. [BOTH PARENTS DECEASED.] If upon petition to the 186.16 juvenile court by a reputable person, including but not limited 186.17 to an agent of the commissioner of human services, and upon 186.18 hearing in the manner provided in section 260C.163, the court 186.19 finds that both parents are deceased and no appointment has been 186.20 made or petition for appointment filed pursuant to sections 186.21 525.615 to 525.6185, the court shall order the guardianship and 186.22 legal custody of the child transferred to: 186.23 (a) the commissioner of human services; 186.24 (b) a licensed child-placing agency; or 186.25 (c) an individual who is willing and capable of assuming 186.26 the appropriate duties and responsibilities to the child. 186.27 [260.242, subd. 1b] 186.28 Subd. 4. [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 186.29 appointed under the provisions of this section has legal custody 186.30 of a ward unless the court which appoints the guardian gives 186.31 legal custody to some other person. If the court awards custody 186.32 to a person other than the guardian, the guardian nonetheless 186.33 has the right and responsibility of reasonable visitation, 186.34 except as limited by court order. 186.35 (b) The guardian may make major decisions affecting the 186.36 person of the ward, including but not limited to giving consent 187.1 (when consent is legally required) to the marriage, enlistment 187.2 in the armed forces, medical, surgical, or psychiatric 187.3 treatment, or adoption of the ward. When, pursuant to this 187.4 section, the commissioner of human services is appointed 187.5 guardian, the commissioner may delegate to the local social 187.6 services agency of the county in which, after the appointment, 187.7 the ward resides, the authority to act for the commissioner in 187.8 decisions affecting the person of the ward, including but not 187.9 limited to giving consent to the marriage, enlistment in the 187.10 armed forces, medical, surgical, or psychiatric treatment of the 187.11 ward. 187.12 (c) A guardianship created under the provisions of this 187.13 section shall not of itself include the guardianship of the 187.14 estate of the ward. 187.15 (d) If the ward is in foster care, the court shall, upon 187.16 its own motion or that of the guardian, conduct a dispositional 187.17 hearing within 18 months of the child's initial foster care 187.18 placement and once every 12 months thereafter to determine the 187.19 future status of the ward including, but not limited to, whether 187.20 the child should be continued in foster care for a specified 187.21 period, should be placed for adoption, or should, because of the 187.22 child's special needs or circumstances, be continued in foster 187.23 care on a long-term basis. [260.242, subd. 2] 187.24 Sec. 35. [260C.328] [CHANGE OF GUARDIAN; TERMINATION OF 187.25 GUARDIANSHIP.] 187.26 Upon its own motion or upon petition of an interested 187.27 party, the juvenile court having jurisdiction of the child may, 187.28 after notice to the parties and a hearing, remove the guardian 187.29 appointed by the juvenile court and appoint a new guardian in 187.30 accordance with the provisions of section 260C.325, subdivision 187.31 1, clause (a), (b), or (c). Upon a showing that the child is 187.32 emancipated, the court may discharge the guardianship. Any 187.33 child 14 years of age or older who is not adopted but who is 187.34 placed in a satisfactory foster home, may, with the consent of 187.35 the foster parents, join with the guardian appointed by the 187.36 juvenile court in a petition to the court having jurisdiction of 188.1 the child to discharge the existing guardian and appoint the 188.2 foster parents as guardians of the child. The authority of a 188.3 guardian appointed by the juvenile court terminates when the 188.4 individual under guardianship is no longer a minor or when 188.5 guardianship is otherwise discharged. [260.245] 188.6 Sec. 36. [260C.331] [COSTS OF CARE.] 188.7 Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a) 188.8 Except where parental rights are terminated, 188.9 (1) whenever legal custody of a child is transferred by the 188.10 court to a local social services agency, or 188.11 (2) whenever legal custody is transferred to a person other 188.12 than the local social services agency, but under the supervision 188.13 of the local social services agency, 188.14 (3) whenever a child is given physical or mental 188.15 examinations or treatment under order of the court, and no 188.16 provision is otherwise made by law for payment for the care, 188.17 examination, or treatment of the child, these costs are a charge 188.18 upon the welfare funds of the county in which proceedings are 188.19 held upon certification of the judge of juvenile court. 188.20 (b) The court shall order, and the local social services 188.21 agency shall require, the parents or custodian of a child, while 188.22 the child is under the age of 18, to use the total income and 188.23 resources attributable to the child for the period of care, 188.24 examination, or treatment, except for clothing and personal 188.25 needs allowance as provided in section 256B.35, to reimburse the 188.26 county for the cost of care, examination, or treatment. Income 188.27 and resources attributable to the child include, but are not 188.28 limited to, social security benefits, supplemental security 188.29 income (SSI), veterans benefits, railroad retirement benefits 188.30 and child support. When the child is over the age of 18, and 188.31 continues to receive care, examination, or treatment, the court 188.32 shall order, and the local social services agency shall require, 188.33 reimbursement from the child for the cost of care, examination, 188.34 or treatment from the income and resources attributable to the 188.35 child less the clothing and personal needs allowance. 188.36 (c) If the income and resources attributable to the child 189.1 are not enough to reimburse the county for the full cost of the 189.2 care, examination, or treatment, the court shall inquire into 189.3 the ability of the parents to support the child and, after 189.4 giving the parents a reasonable opportunity to be heard, the 189.5 court shall order, and the local social services agency shall 189.6 require, the parents to contribute to the cost of care, 189.7 examination, or treatment of the child. When determining the 189.8 amount to be contributed by the parents, the court shall use a 189.9 fee schedule based upon ability to pay that is established by 189.10 the local social services agency and approved by the 189.11 commissioner of human services. The income of a stepparent who 189.12 has not adopted a child shall be excluded in calculating the 189.13 parental contribution under this section. 189.14 (d) The court shall order the amount of reimbursement 189.15 attributable to the parents or custodian, or attributable to the 189.16 child, or attributable to both sources, withheld under chapter 189.17 518 from the income of the parents or the custodian of the 189.18 child. A parent or custodian who fails to pay without good 189.19 reason may be proceeded against for contempt, or the court may 189.20 inform the county attorney, who shall proceed to collect the 189.21 unpaid sums, or both procedures may be used. 189.22 (e) If the court orders a physical or mental examination 189.23 for a child, the examination is a medically necessary service 189.24 for purposes of determining whether the service is covered by a 189.25 health insurance policy, health maintenance contract, or other 189.26 health coverage plan. Court-ordered treatment shall be subject 189.27 to policy, contract, or plan requirements for medical 189.28 necessity. Nothing in this paragraph changes or eliminates 189.29 benefit limits, conditions of coverage, copayments or 189.30 deductibles, provider restrictions, or other requirements in the 189.31 policy, contract, or plan that relate to coverage of other 189.32 medically necessary services. [260.251, subd.1 (omitting 189.33 delinquency-related text)] 189.34 Subd. 2. [COST OF GROUP FOSTER CARE.] Whenever a child is 189.35 placed in a group foster care facility as provided in section 189.36 260C.201, subdivision 1, paragraph (b), clause (2) or (3), the 190.1 cost of providing the care shall, upon certification by the 190.2 juvenile court, be paid from the welfare fund of the county in 190.3 which the proceedings were held. To reimburse the counties for 190.4 the costs of promoting the establishment of suitable group 190.5 foster homes, the state shall quarterly, from funds appropriated 190.6 for that purpose, reimburse counties 50 percent of the costs not 190.7 paid by federal and other available state aids and grants. 190.8 Reimbursement shall be prorated if the appropriation is 190.9 insufficient. 190.10 The commissioner of corrections shall establish procedures 190.11 for reimbursement and certify to the commissioner of finance 190.12 each county entitled to receive state aid under the provisions 190.13 of this subdivision. Upon receipt of a certificate the 190.14 commissioner of finance shall issue a state warrant to the 190.15 county treasurer for the amount due, together with a copy of the 190.16 certificate prepared by the commissioner of corrections. 190.17 [260.251, subd. 1a] 190.18 Subd. 3. [COURT EXPENSES.] The following expenses are a 190.19 charge upon the county in which proceedings are held upon 190.20 certification of the judge of juvenile court or upon such other 190.21 authorization provided by law: 190.22 (a) The fees and mileage of witnesses, and the expenses and 190.23 mileage of officers serving notices and subpoenas ordered by the 190.24 court, as prescribed by law. 190.25 (b) The expenses for travel and board of the juvenile court 190.26 judge when holding court in places other than the county seat. 190.27 (c) The expense of transporting a child to a place 190.28 designated by a child-placing agency for the care of the child 190.29 if the court transfers legal custody to a child-placing agency. 190.30 (d) The expense of transporting a minor to a place 190.31 designated by the court. 190.32 (e) Reasonable compensation for an attorney appointed by 190.33 the court to serve as counsel or guardian ad litem. [260.251, 190.34 subd. 2] 190.35 Subd. 4. [LEGAL SETTLEMENT.] The county charged with the 190.36 costs and expenses under subdivisions 1 and 3 may recover these 191.1 costs and expenses from the county where the minor has legal 191.2 settlement for general assistance purposes by filing verified 191.3 claims which shall be payable as are other claims against the 191.4 county. A detailed statement of the facts upon which the claim 191.5 is based shall accompany the claim. If a dispute relating to 191.6 general assistance settlement arises, the local social services 191.7 agency of the county denying legal settlement shall send a 191.8 detailed statement of the facts upon which the claim is denied 191.9 together with a copy of the detailed statement of the facts upon 191.10 which the claim is based to the commissioner of human services. 191.11 The commissioner shall immediately investigate and determine the 191.12 question of general assistance settlement and shall certify 191.13 findings to the local social services agency of each county. 191.14 The decision of the commissioner is final and shall be complied 191.15 with unless, within 30 days thereafter, action is taken in 191.16 district court as provided in section 256.045. [260.251, subd. 191.17 3] 191.18 Subd. 5. [ATTORNEYS FEES.] In proceedings in which the 191.19 court has appointed counsel pursuant to section 260C.163, 191.20 subdivision 3, for a minor unable to employ counsel, the court 191.21 may inquire into the ability of the parents to pay for such 191.22 counsel's services and, after giving the parents a reasonable 191.23 opportunity to be heard, may order the parents to pay attorneys 191.24 fees. [260.251, subd. 4] 191.25 Subd. 6. [GUARDIAN AD LITEM FEES.] In proceedings in which 191.26 the court appoints a guardian ad litem pursuant to section 191.27 260C.163, subdivision 5, clause (a), the court may inquire into 191.28 the ability of the parents to pay for the guardian ad litem's 191.29 services and, after giving the parents a reasonable opportunity 191.30 to be heard, may order the parents to pay guardian fees. 191.31 [260.251, subd. 5] 191.32 Sec. 37. [260C.335] [JURISDICTION OVER PERSONS 191.33 CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES; COURT ORDERS.] 191.34 Subdivision 1. [JURISDICTION.] The juvenile court has 191.35 jurisdiction over persons contributing to the need for 191.36 protection or services of a child under the provisions of 192.1 subdivision 2 or 3. [260.255, subd. 1 (omitting 192.2 delinquency-related text)] 192.3 Subd. 2. [CHIPS ORDERS.] If in the hearing of a case of a 192.4 child alleged to be in need of protection or services it appears 192.5 by a fair preponderance of the evidence that any person has 192.6 violated the provisions of section 260C.425, the court may make 192.7 any of the following orders: 192.8 (a) Restrain the person from any further act or omission in 192.9 violation of section 260C.425; or 192.10 (b) Prohibit the person from associating or communicating 192.11 in any manner with the child; or 192.12 (c) Provide for the maintenance or care of the child, if 192.13 the person is responsible for such, and direct when, how, and 192.14 where money for such maintenance or care shall be paid. 192.15 [260.255, subd. 2 (omitting delinquency-related text)] 192.16 Subd. 3. [ORDER TO SHOW CAUSE.] Before making any order 192.17 under subdivision 2 the court shall issue an order to show 192.18 cause, either upon its own motion or upon a verified petition, 192.19 specifying the charges made against the person and fixing the 192.20 time and place of the hearing. The order to show cause shall be 192.21 served personally and shall be heard in the same manner as 192.22 provided in other cases in the juvenile court. [260.255, subd. 192.23 3] 192.24 Sec. 38. [260C.401] [JURISDICTION OF CERTAIN JUVENILE 192.25 COURTS OVER OFFENSE OF CONTRIBUTING TO NEGLECT.] 192.26 In counties having a population of over 200,000 the 192.27 juvenile court has jurisdiction of the offenses described in 192.28 section 260C.425. Prosecutions hereunder shall be begun by 192.29 complaint duly verified and filed in the juvenile court of the 192.30 county. The court may impose conditions upon a defendant who is 192.31 found guilty and, so long as the defendant complies with these 192.32 conditions to the satisfaction of the court, the sentence 192.33 imposed may be suspended. [260.261] 192.34 Sec. 39. [260C.405] [VIOLATION OF AN ORDER FOR 192.35 PROTECTION.] 192.36 Subdivision 1. [VIOLATION; PENALTY.] Whenever an order for 193.1 protection is granted pursuant to section 260C.148 or 260C.201, 193.2 subdivision 3, restraining the person or excluding the person 193.3 from the residence, and the respondent or person to be 193.4 restrained knows of the order, violation of the order for 193.5 protection is a misdemeanor. [260.271, subd. 1] 193.6 Subd. 2. [ARREST.] A peace officer shall arrest without a 193.7 warrant and take into custody a person whom the peace officer 193.8 has probable cause to believe has violated an order granted 193.9 pursuant to section 260C.148 or 260C.201, subdivision 3, 193.10 restraining the person or excluding the person from the 193.11 residence, if the existence of the order can be verified by the 193.12 officer. [260.271, subd. 2] 193.13 Subd. 3. [CONTEMPT.] A violation of an order for 193.14 protection shall also constitute contempt of court and the 193.15 person violating the order shall be subject to the penalties for 193.16 contempt. [260.271, subd. 3] 193.17 Subd. 4. [ORDER TO SHOW CAUSE.] Upon the filing of an 193.18 affidavit by the agency or any peace officer, alleging that the 193.19 respondent has violated an order for protection granted pursuant 193.20 to section 260C.148 or 260C.201, subdivision 3, the court may 193.21 issue an order to the respondent, requiring the respondent to 193.22 appear and show cause within 14 days why the respondent should 193.23 not be found in contempt of court. The hearing may be held by 193.24 the court in any county in which the child or respondent 193.25 temporarily or permanently resides at the time of the alleged 193.26 violation. 193.27 A peace officer is not liable under section 609.43, clause 193.28 (1), for failure to perform a duty required by subdivision 2. 193.29 [260.271, subd. 4] 193.30 Sec. 40. [260C.411] [NEW EVIDENCE.] 193.31 A child whose status has been adjudicated by a juvenile 193.32 court, or the child's parent, guardian, custodian or spouse may, 193.33 at any time within 15 days of the filing of the court's order, 193.34 petition the court for a rehearing on the ground that new 193.35 evidence has been discovered affecting the advisability of the 193.36 court's original adjudication or disposition. Upon a showing 194.1 that such evidence does exist the court shall order that a new 194.2 hearing be held within 30 days, unless the court extends this 194.3 time period for good cause shown within the 30-day period, and 194.4 shall make such disposition of the case as the facts and the 194.5 best interests of the child warrant. [260.281] 194.6 Sec. 41. [260C.415] [APPEAL.] 194.7 Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.] An 194.8 appeal may be taken by the aggrieved person from a final order 194.9 of the juvenile court affecting a substantial right of the 194.10 aggrieved person, including but not limited to an order 194.11 adjudging a child to be in need of protection or services, 194.12 neglected and in foster care. The appeal shall be taken within 194.13 30 days of the filing of the appealable order. The court 194.14 administrator shall notify the person having legal custody of 194.15 the minor of the appeal. Failure to notify the person having 194.16 legal custody of the minor shall not affect the jurisdiction of 194.17 the appellate court. The order of the juvenile court shall 194.18 stand, pending the determination of the appeal, but the 194.19 reviewing court may in its discretion and upon application stay 194.20 the order. [260.291, subd. 1 (omitting delinquency-related 194.21 text)] 194.22 Subd. 2. [APPEAL.] The appeal from a juvenile court is 194.23 taken to the court of appeals as in civil cases, except as 194.24 provided in subdivision 1. [260.291, subd. 2] 194.25 Sec. 42. [260C.421] [CONTEMPT.] 194.26 Any person knowingly interfering with an order of the 194.27 juvenile court is in contempt of court. However, a child who is 194.28 under the continuing jurisdiction of the court for reasons other 194.29 than having committed a delinquent act or a juvenile petty 194.30 offense may not be adjudicated as a delinquent solely on the 194.31 basis of having knowingly interfered with or disobeyed an order 194.32 of the court. [260.301] 194.33 Sec. 43. [260C.425] [CONTRIBUTING TO NEED FOR PROTECTION 194.34 OR SERVICES.] 194.35 Any person who by act, word, or omission encourages, 194.36 causes, or contributes to the need for protection or services 195.1 for a child, is guilty of a misdemeanor. This section does not 195.2 apply to licensed social service agencies and outreach workers 195.3 who, while acting within the scope of their professional duties, 195.4 provide services to runaway children. [260.315 (omitting 195.5 child-protection-related text)] 195.6 Sec. 44. [260C.431] [TESTS, EXAMINATIONS.] 195.7 Thereafter it shall be the duty of the commissioner of 195.8 human services through the bureau of child welfare and local 195.9 social services agencies to arrange for such tests, 195.10 examinations, and investigations as are necessary for the proper 195.11 diagnosis, classification, treatment, care, and disposition of 195.12 the child as necessity and the best interests of the child shall 195.13 from time to time require. When it appears that a child found 195.14 to be in need of protection or services is sound of mind, free 195.15 from disease, and suitable for placement in a foster home for 195.16 care or adoption, the commissioner may so place the child or 195.17 delegate such duties to a child-placing agency accredited as 195.18 provided by law, or authorize the child's care in the county by 195.19 and under the supervision of the local social services agency. 195.20 [260.35] 195.21 Sec. 45. [260C.435] [SPECIAL PROVISIONS IN CERTAIN CASES.] 195.22 When the commissioner of human services shall find that a 195.23 child transferred to the commissioner's guardianship after 195.24 parental rights to the child are terminated or that a child 195.25 committed to the commissioner's guardianship as a child in need 195.26 of protection or services is handicapped physically or whose 195.27 mentality has not been satisfactorily determined or who is 195.28 affected by habits, ailments, or handicaps that produce erratic 195.29 and unstable conduct, and is not suitable or desirable for 195.30 placement in a home for permanent care or adoption, the 195.31 commissioner of human services shall make special provision for 195.32 the child's care and treatment designed to the child, if 195.33 possible, for such placement or to become self-supporting. The 195.34 facilities of the commissioner of human services and all state 195.35 treatment facilities, the Minnesota general hospital, and the 195.36 child guidance clinic of its psychopathic department, as well as 196.1 the facilities available through reputable clinics, private 196.2 child-caring agencies, and foster boarding homes, accredited as 196.3 provided by law, may be used as the particular needs of the 196.4 child may demand. When it appears that the child is suitable 196.5 for permanent placement or adoption, the commissioner of human 196.6 services shall cause the child to be placed as provided in 196.7 section 260C.431. If the commissioner of human services is 196.8 satisfied that the child is mentally retarded the commissioner 196.9 may bring the child before the district court of the county 196.10 where the child is found or the county of the child's legal 196.11 settlement for examination and commitment as provided by law. 196.12 [260.36] 196.13 Sec. 46. [260C.441] [COST, PAYMENT.] 196.14 In addition to the usual care and services given by public 196.15 and private agencies, the necessary cost incurred by the 196.16 commissioner of human services in providing care for such child 196.17 shall be paid by the county committing such child which, subject 196.18 to uniform rules established by the commissioner of human 196.19 services, may receive a reimbursement not exceeding one-half of 196.20 such costs from funds made available for this purpose by the 196.21 legislature during the period beginning July 1, 1985, and ending 196.22 December 31, 1985. Beginning January 1, 1986, the necessary 196.23 cost incurred by the commissioner of human services in providing 196.24 care for the child must be paid by the county committing the 196.25 child. Where such child is eligible to receive a grant of aid 196.26 to families with dependent children, Minnesota family investment 196.27 program-statewide or supplemental security income for the aged, 196.28 blind, and disabled, or a foster care maintenance payment under 196.29 title IV-E of the Social Security Act, United States Code, title 196.30 42, sections 670 to 676, the child's needs shall be met through 196.31 these programs. [260.38] 196.32 Sec. 47. [260C.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 196.33 ASSISTANCE FURNISHED.] 196.34 When any amount shall be recovered from any source for 196.35 assistance furnished under the provisions of sections 260C.001 196.36 to 260C.421, 260C.431, 260C.435, and 260C.441, there shall be 197.1 paid into the treasury of the state or county in the proportion 197.2 in which they have respectively contributed toward the total 197.3 assistance paid. [260.39] 197.4 Sec. 48. [260C.451] [AGE LIMIT FOR BENEFITS TO CHILDREN.] 197.5 For purposes of any program for foster children or children 197.6 under state guardianship for which benefits are made available 197.7 on June 1, 1973, unless specifically provided therein, the age 197.8 of majority shall be 21 years of age. [260.40] 197.9 ARTICLE 4 197.10 IMPLEMENTATION OF ACT 197.11 Section 1. [EFFECT OF CHANGES IN THIS ACT.] 197.12 The legislature intends this act to be a clarification and 197.13 reorganization of laws relating to juvenile delinquency and 197.14 child protection in Minnesota Statutes, chapters 257 and 260. 197.15 The changes that have been made are not intended to alter those 197.16 laws and shall not be construed by a court or other authority to 197.17 alter them. 197.18 Sec. 2. [INSTRUCTION TO REVISOR.] 197.19 (a) The revisor shall publish the statutory derivations of 197.20 the laws repealed and recodified in this act in Laws of 197.21 Minnesota and in the statutory history of chapters 257 and 260 197.22 in Minnesota Statutes. 197.23 (b) The revisor shall correct cross-references in Minnesota 197.24 Statutes and Minnesota Rules to sections that are repealed and 197.25 recodified by this act, and if Minnesota Statutes, chapter 257 197.26 or 260 is further amended in the 1998 legislative session, shall 197.27 codify the amendments in a manner consistent with this act. 197.28 Sec. 3. [REPEALER.] 197.29 Minnesota Statutes 1996, sections 257.071, subdivisions 1, 197.30 5, 8, 9, and 10; 257.072, subdivision 8; 257.35; 257.351; 197.31 257.352, subdivisions 1, 2, and 4; 257.353; 257.354; 257.355; 197.32 257.356; 257.3571; 257.3572; 257.3573, subdivisions 1 and 3; 197.33 257.3574; 257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 197.34 257.40; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 197.35 260.011, subdivision 2; 260.013; 260.015, subdivisions 1, 1a, 2, 197.36 3, 4, 5, 5a, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 198.1 21, 22, 23, 24, 25, 26, 27, and 28; 260.092; 260.094; 260.096; 198.2 260.101; 260.111; 260.115; 260.121; 260.125; 260.126; 260.131, 198.3 subdivisions 1a, 1b, 3, and 4; 260.132; 260.133; 260.135; 198.4 260.141; 260.145; 260.151; 260.152, subdivisions 1, 4, and 5; 198.5 260.155, subdivisions 1, 1b, 4a, 4b, 5, 6, 7, and 9; 260.157; 198.6 260.161, subdivisions 1b, 4, and 5; 260.165, subdivision 2; 198.7 260.171, subdivisions 1, 4, 5, 5a, and 6; 260.172; 260.173, 198.8 subdivisions 1, 3, 4, and 5; 260.174; 260.181, subdivisions 1, 198.9 2, and 4; 260.185, subdivisions 1a, 1b, 1c, 2, 3, 3a, 4, 5, 6, 198.10 and 7; 260.191, subdivisions 1b, 1c, 1d, 1e, 2, 2a, 3, and 4; 198.11 260.193; 260.195, subdivisions 1, 2, 2a, 4, 5, 6, and 7; 198.12 260.211; 260.215; 260.221, subdivisions 2, 3, and 4; 260.241, 198.13 subdivisions 2 and 4; 260.242, subdivisions 1, 1a, and 1b; 198.14 260.245; 260.251; 260.255; 260.261; 260.271; 260.281; 260.291; 198.15 260.301; 260.315; 260.35; 260.36; 260.39; and 260.40; Minnesota 198.16 Statutes 1997 Supplement, sections 257.02; 257.0215; 257.022, 198.17 subdivisions 2 and 3a; 257.069; 257.071, subdivisions 1a, 1c, 198.18 1d, 1e, 2, 3, 4, and 7; 257.072, subdivisions 1, 2, 3, 4, 5, 7, 198.19 and 9; 257.352, subdivisions 3, 3a, 3b, and 3c; 257.3573, 198.20 subdivision 2; 257.41; 260.012; 260.015, subdivisions 2a and 29; 198.21 260.131, subdivisions 1 and 2; 260.152, subdivisions 2, 3, and 198.22 6; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, 198.23 subdivisions 1, 1a, 2, 3, 3a, and 3b; 260.165, subdivisions 1 198.24 and 3; 260.171, subdivision 2; 260.173, subdivision 2; 260.1735; 198.25 260.181, subdivisions 3 and 3a; 260.185, subdivision 1; 260.191, 198.26 subdivisions 1, 1a, 3a, 3b, and 4; 260.192; 260.195, 198.27 subdivisions 3 and 3a; 260.221, subdivisions 1, 1a, and 5; 198.28 260.241, subdivisions 1 and 3; 260.242, subdivision 2; and 198.29 260.38, are repealed.