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Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 673-S.F.No. 2275 
           An act relating to juveniles; eliminating statutory 
          references to "dependency" and "neglect" and 
          substituting the term "child in need of protection or 
          services"; eliminating juvenile court jurisdiction 
          over children who are "habitually disobedient"; 
          transferring alleged truants and runaways to the 
          court's protective services jurisdiction; transferring 
          certain young alleged delinquents to the court's 
          protective services jurisdiction; limiting the 
          duration of the court's continuing jurisdiction over 
          truants; expanding the court's dispositional authority 
          in certain child protection cases; limiting the 
          juvenile court's contempt authority over 
          nondelinquents; amending Minnesota Statutes 1986, 
          sections 242.19, subdivision 2; 260.011, subdivision 
          2; 260.015, subdivisions 21, 22, 23, and by adding a 
          subdivision; 260.111, subdivisions 1, 3, and by adding 
          a subdivision; 260.121, subdivisions 1 and 2; 260.131, 
          subdivision 1; 260.132, subdivisions 1 and 3; 260.133, 
          subdivision 2; 260.135, subdivisions 1 and 3; 260.155, 
          subdivisions 4 and 4a; 260.171, subdivisions 1 and 4; 
          260.172, subdivision 1; 260.173, subdivision 3; 
          260.181, subdivision 4; 260.191, subdivisions 1, 4, 
          and by adding a subdivision; 260.195; 260.235; 260.255;
          260.291, subdivision 1; 260.301; 260.315; 260.35; 
          260.36; and 484.73, subdivision 2; and Minnesota 
          Statutes 1987 Supplement, sections 260.155, 
          subdivision 1; 260.156; and 260.221; repealing 
          Minnesota Statutes 1986, sections 260.015, 
          subdivisions 6 and 10; 260.103; and 260.194. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 242.19, 
subdivision 2, is amended to read:  
    Subd. 2.  [DISPOSITIONS.] When a child has been committed 
to the commissioner of corrections by a juvenile court, upon a 
finding of delinquency, the commissioner may for the purposes of 
treatment and rehabilitation: 
    (a) order the child's confinement to the Minnesota 
correctional facility-Red Wing or the Minnesota correctional 
facility-Sauk Centre, which shall accept the child, or to a 
group foster home under the control of the commissioner of 
corrections, or to private facilities or facilities established 
by law or incorporated under the laws of this state that may 
care for delinquent children; 
    (b) order the child's release on parole under such 
supervisions and conditions as the commissioner believes 
conducive to law-abiding conduct, treatment and rehabilitation; 
    (c) order reconfinement or renewed parole as often as the 
commissioner believes to be desirable; 
    (d) revoke or modify any order, except an order of 
discharge, as often as the commissioner believes to be desirable;
    (e) discharge the child when the commissioner is satisfied 
that the child has been rehabilitated and that such discharge is 
consistent with the protection of the public; 
    (f) if the commissioner finds that the child is eligible 
for probation or parole and it appears from the commissioner's 
investigation that conditions in the child's or the guardian's 
home are not conducive to the child's treatment, rehabilitation, 
or law-abiding conduct, refer the child, together with the 
commissioner's findings, to a county welfare board or a licensed 
child placing agency for placement in a foster care or, when 
appropriate, for initiation of dependency or neglect child in 
need of protection or services proceedings as provided in 
sections 260.011 to 260.301.  The commissioner of corrections 
shall reimburse county welfare boards for foster care costs they 
incur for the child while on probation or parole to the extent 
that funds for this purpose are made available to the 
commissioner by the legislature.  The juvenile court shall order 
the parents of a child on probation or parole to pay the costs 
of foster care under section 260.251, subdivision 1, according 
to their ability to pay, and to the extent that the commissioner 
of corrections has not reimbursed the county welfare board.  
    Sec. 2.  Minnesota Statutes 1986, section 260.011, 
subdivision 2, is amended to read:  
    Subd. 2.  The purpose of the laws relating to juvenile 
courts is to secure for each child alleged or 
adjudicated neglected or dependent in need of protection or 
services and under the jurisdiction of the court, the care and 
guidance, preferably in the child's own home, as will serve the 
spiritual, emotional, mental, and physical welfare of the child 
and the best interests of the state; to provide judicial 
procedures which protect the welfare of the child; to preserve 
and strengthen the child's family ties whenever possible, 
removing the child from the custody of parents only when the 
child's welfare or safety cannot be adequately safeguarded 
without removal; and, when removal from the child's own family 
is necessary, to secure for the child custody, care and 
discipline as nearly as possible equivalent to that which should 
have been given by the parents.  
    The purpose of the laws relating to children alleged or 
adjudicated to be delinquent is to promote the public safety and 
reduce juvenile delinquency by maintaining the integrity of the 
substantive law prohibiting certain behavior and by developing 
individual responsibility for lawful behavior.  This purpose 
should be pursued through means that are fair and just, that 
recognize the unique characteristics and needs of children, and 
that give children access to opportunities for personal and 
social growth.  
    The laws relating to juvenile courts shall be liberally 
construed to carry out these purposes.  
    Sec. 3.  Minnesota Statutes 1986, section 260.015, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
"Child in need of protection or services" means a child who is 
in need of protection or services because the child: 
    (1) is abandoned or without parent, guardian, or custodian; 
    (2) has been a victim of physical or sexual abuse or 
resides with a victim of domestic child abuse as defined in 
subdivision 24; 
    (3) is without necessary food, clothing, shelter, 
education, or other required care for the child's physical or 
mental health or morals because the child's parent, guardian, or 
custodian is unable or unwilling to provide that care; 
    (4) is without the special care made necessary by a 
physical, mental, or emotional condition because the child's 
parent, guardian, or custodian is unable or unwilling to provide 
that care; 
    (5) is medically neglected, which includes, but is not 
limited to, the withholding of medically indicated treatment 
from a disabled infant with a life-threatening condition.  The 
term "withholding of medically indicated treatment" means the 
failure to respond to the infant's life-threatening conditions 
by providing treatment, including appropriate nutrition, 
hydration, and medication which, in the treating physician's or 
physicians' reasonable medical judgment, will be most likely to 
be effective in ameliorating or correcting all conditions, 
except that the term does not include the failure to provide 
treatment other than appropriate nutrition, hydration, or 
medication to an infant when, in the treating physician's or 
physicians' reasonable medical judgment: 
    (i) the infant is chronically and irreversibly comatose; 
    (ii) the provision of the treatment would merely prolong 
dying, not be effective in ameliorating or correcting all of the 
infant's life-threatening conditions, or otherwise be futile in 
terms of the survival of the infant; or 
    (iii) the provision of the treatment would be virtually 
futile in terms of the survival of the infant and the treatment 
itself under the circumstances would be inhumane; 
    (6) is one whose parent, guardian, or other custodian for 
good cause desires to be relieved of the child's care and 
custody; 
    (7) has been placed for adoption or care in violation of 
law; 
    (8) is without proper parental care because of the 
emotional, mental, or physical disability, or state of 
immaturity of the child's parent, guardian, or other custodian; 
    (9) is one whose occupation, behavior, condition, 
environment, or associations are such as to be injurious or 
dangerous to the child or others; 
    (10) has committed a delinquent act before becoming ten 
years old; 
    (11) is a runaway; or 
    (12) is an habitual truant. 
    Sec. 4.  Minnesota Statutes 1986, section 260.015, 
subdivision 21, is amended to read:  
    Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
OFFENSE.] A "Juvenile petty offense" is includes a juvenile 
alcohol offense, a juvenile controlled substance offense, a 
violation of section 609.685, or a violation of a local 
ordinance, other than a juvenile alcohol or controlled substance 
offense, which by its terms prohibits conduct by a child under 
the age of 18 years which would be lawful conduct if committed 
by an adult or where a child is uncontrolled by a parent, 
guardian, or other custodian by reason of being wayward or 
habitually disobedient.  A child who commits a juvenile petty 
offense is a "juvenile petty offender."  
     Sec. 5.  Minnesota Statutes 1986, section 260.015, 
subdivision 22, is amended to read: 
    Subd. 22.  [JUVENILE ALCOHOL OFFENDER OFFENSE.] "Juvenile 
alcohol offender offense" means a child who violates violation 
by a child of any provision of section 340A.503 or an equivalent 
local ordinance.  
    Sec. 6.  Minnesota Statutes 1986, section 260.015, 
subdivision 23, is amended to read: 
    Subd. 23.  [JUVENILE CONTROLLED SUBSTANCE OFFENDER 
OFFENSE.] "Juvenile controlled substance offender offense" means 
a child who violates violation by a child of section 152.09, 
subdivision 1, clause (2), with respect to a small amount of 
marijuana or an equivalent local ordinance. 
    Sec. 7.  Minnesota Statutes 1986, section 260.111, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CHILDREN WHO ARE DELINQUENT, NEGLECTED, 
DEPENDENT IN NEED OF PROTECTION OR SERVICES, OR NEGLECTED AND IN 
FOSTER CARE.] Except as provided in sections 260.125 and 
260.193, the juvenile court has original and exclusive 
jurisdiction in proceedings concerning any child who is alleged 
to be delinquent, a juvenile traffic offender, a juvenile petty 
offender, a habitual truant, a runaway, a juvenile alcohol or 
controlled substance offender, neglected in need of protection 
or services, or neglected and in foster care, or dependent, and 
in proceedings concerning any minor alleged to have been a 
delinquent, a juvenile petty offender, a habitual truant, a 
runaway, or a juvenile alcohol or controlled substance offender 
or a juvenile traffic offender prior to having become 18 years 
of age.  The juvenile court shall deal with such a minor as it 
deals with any other child who is alleged to be delinquent or a 
juvenile traffic offender.  
    Sec. 8.  Minnesota Statutes 1986, section 260.111, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 
CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 
concerning any alleged acts of domestic child abuse.  In a 
jurisdiction which utilizes referees in dependency and neglect 
actions child in need of protection or services matters, the 
court or judge may refer actions under this subdivision to a 
referee to take and report the evidence in the action.  If the 
respondent does not appear after service is duly made and 
proved, the court may hear and determine the proceeding as a 
default matter.  Proceedings under this subdivision shall be 
given docket priority by the court. 
    Sec. 9.  Minnesota Statutes 1986, section 260.111, is 
amended by adding a subdivision to read: 
    Subd. 4.  [JURISDICTION OVER PARENTS AND GUARDIANS.] A 
parent, guardian, or custodian of a child who is subject to the 
jurisdiction of the court is also subject to the jurisdiction of 
the court in any matter in which that parent, guardian, or 
custodian has a right to notice under section 260.135 or 
260.141, or the right to participate under section 260.155.  In 
any proceeding concerning a child alleged to be in need of 
protection or services, the court has jurisdiction over a 
parent, guardian, or custodian for the purposes of a disposition 
order issued under section 28. 
    Sec. 10.  Minnesota Statutes 1986, section 260.121, 
subdivision 1, is amended to read:  
    Subdivision 1.  [VENUE.] Except where otherwise provided, 
venue for any proceedings under section 260.111 shall be in the 
county where the child is found, or the county of the child's 
residence.  When it is alleged that a child is neglected in need 
of protection or services, venue may be in the county where the 
child is found, in the county of residence, or in the county 
where the alleged neglect conditions causing the child's need 
for protection or services occurred.  If delinquency, habitual 
truancy, running away, a juvenile petty offense, a juvenile 
alcohol or controlled substance offense, or a juvenile traffic 
offense is alleged, proceedings shall be brought in the county 
of residence or the county where the alleged 
delinquency, habitual truancy, running away, juvenile petty 
offense, juvenile alcohol or controlled substance offense or 
juvenile traffic offense occurred.  
    Sec. 11.  Minnesota Statutes 1986, section 260.121, 
subdivision 2, is amended to read:  
    Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
transfer any proceedings brought under section 260.111, except 
adoptions, to the juvenile court of a county having venue as 
provided in subdivision 1, at any stage of the proceedings and 
in the following manner.  When it appears that the best 
interests of the child, society, or the convenience of 
proceedings will be served by a transfer, the court may transfer 
the case to the juvenile court of the county of the child's 
residence.  With the consent of the receiving court, the court 
may also transfer the case to the juvenile court of the county 
where the child is found or, if delinquency, habitual truancy, 
running away, a juvenile petty offense, juvenile alcohol or 
controlled substance offense or a juvenile traffic offense is 
alleged, to the county where the alleged delinquency, habitual 
truancy, running away, juvenile petty offense, juvenile alcohol 
or controlled substance offense or juvenile traffic offense 
occurred.  The court transfers the case by ordering a 
continuance and by forwarding to the court administrator of the 
appropriate juvenile court a certified copy of all papers filed, 
together with an order of transfer.  The judge of the receiving 
court may accept the findings of the transferring court or may 
direct the filing of a new petition or notice under section 
260.015, subdivision 23, or 260.132 and hear the case anew. 
    Sec. 12.  Minnesota Statutes 1986, section 260.131, 
subdivision 1, is amended to read:  
    Subdivision 1.  Any reputable person, including but not 
limited to any agent of the commissioner of human services, 
having knowledge of a child in this state or of a child who is a 
resident of this state, who appears to be delinquent, neglected, 
dependent in need of protection or services, or neglected and in 
foster care, may petition the juvenile court in the manner 
provided in this section. 
    Sec. 13.  Minnesota Statutes 1986, section 260.132, 
subdivision 1, is amended to read:  
    Subdivision 1.  [NOTICE.] When a peace officer, or 
attendance officer in the case of a habitual truant, has 
probable cause to believe that a child is a runaway, a habitual 
truant in need of protection or services under section 3, clause 
(11) or (12), or a juvenile petty offender, the officer may 
issue a notice to the child to appear in juvenile court in the 
county in which the child is found or in the county of the 
child's residence or, in the case of a juvenile petty offense, 
the county in which the offense was committed.  The officer 
shall file a copy of the notice to appear with the juvenile 
court of the appropriate county.  If a child fails to appear in 
response to the notice, the court may issue a summons notifying 
the child of the nature of the offense alleged and the time and 
place set for the hearing.  If the peace officer finds it 
necessary to take the child into custody, sections 260.165 and 
260.171 shall apply.  
    Sec. 14.  Minnesota Statutes 1986, section 260.132, 
subdivision 3, is amended to read:  
    Subd. 3.  [NOTICE TO PARENT.] Whenever a notice to appear 
or petition is filed alleging that a child is a runaway, a 
habitual truant in need of protection or services under section 
3, clause (11) or (12), or a juvenile petty offender, the court 
shall summon and notify the person or persons having custody or 
control of the child of the nature of the offense alleged and 
the time and place of hearing.  This summons and notice shall be 
served in the time and manner provided in section 260.135, 
subdivision 1.  
    Sec. 15.  Minnesota Statutes 1986, section 260.133, 
subdivision 2, is amended to read:  
    Subd. 2.  [TEMPORARY ORDER.] If it appears from the 
notarized petition or by sworn affidavit that there are 
reasonable grounds to believe the child is in immediate and 
present danger of domestic child abuse, the court may grant an 
ex parte temporary order for protection, pending a full 
hearing.  The court may grant relief as it deems proper, 
including an order:  
    (1) restraining any party from committing acts of domestic 
child abuse; or 
    (2) excluding the alleged abusing party from the dwelling 
which the family or household members share or from the 
residence of the child.  
    However, no order excluding the alleged abusing party from 
the dwelling may be issued unless the court finds that:  
    (1) the order is in the best interests of the child or 
children remaining in the dwelling; and 
    (2) a remaining adult family or household member is able to 
care adequately for the child or children in the absence of the 
excluded party.  
    Before the temporary order is issued, the local welfare 
agency shall advise the court and the other parties who are 
present that appropriate social services will be provided to the 
family or household members during the effective period of the 
order.  
    An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days.  Within five 
days of the issuance of the temporary order, the petitioner 
shall file a dependency and neglect petition with the court 
pursuant to section 260.131, alleging that the child is in need 
of protection or services and the court shall give docket 
priority to the petition.  
    The court may renew the temporary order for protection one 
time for a fixed period not to exceed 14 days if a dependency 
and neglect petition alleging that the child is in need of 
protection or services has been filed with the court and if the 
court determines, upon informal review of the case file, that 
the renewal is appropriate. 
    Sec. 16.  Minnesota Statutes 1986, section 260.135, 
subdivision 1, is amended to read:  
    Subdivision 1.  After a petition has been filed and unless 
the parties hereinafter named voluntarily appear, the court 
shall set a time for a hearing and shall issue a summons 
requiring the person who has custody or control of the child to 
appear with the child before the court at a time and place 
stated.  The summons shall have a copy of the petition attached, 
and shall advise the parties of the right to counsel and of the 
consequences of failure to obey the summons.  The court shall 
give docket priority to any dependency, neglect child in need of 
protection or services, neglected and in foster care, or 
delinquency petition that contains allegations of child abuse 
over any other case except those delinquency matters where a 
child is being held in a secure detention facility.  As used in 
this subdivision, "child abuse" has the meaning given it in 
section 630.36, subdivision 2.  
    Sec. 17.  Minnesota Statutes 1986, section 260.135, 
subdivision 3, is amended to read:  
    Subd. 3.  If a petition alleging neglect, or dependency a 
child's need for protection or services, or a petition to 
terminate parental rights is initiated by a person other than a 
representative of the department of human services or county 
welfare board, the court administrator shall notify the county 
welfare board of the pendency of the case and of the time and 
place appointed.  
    Sec. 18.  Minnesota Statutes 1987 Supplement, section 
260.155, subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL.] Except for hearings arising 
under section 260.261, hearings on any matter shall be without a 
jury and may be conducted in an informal manner.  The rules of 
evidence promulgated pursuant to section 480.0591 and the law of 
evidence shall apply in adjudicatory proceedings involving a 
child alleged to be delinquent, a habitual truant, a runaway in 
need of protection or services under section 3, clause (11) or 
(12), or a juvenile petty offender, or a juvenile alcohol or 
controlled substance offender, and hearings conducted pursuant 
to section 260.125 except to the extent that the rules 
themselves provide that they do not apply.  Hearings may be 
continued or adjourned from time to time and, in the interim, 
the court may make any orders as it deems in the best interests 
of the minor in accordance with the provisions of sections 
260.011 to 260.301.  The court shall exclude the general public 
from these hearings and shall admit only those persons who, in 
the discretion of the court, have a direct interest in the case 
or in the work of the court; except that, the court shall open 
the hearings to the public in delinquency proceedings where the 
child is alleged to have committed an offense or has been proven 
to have committed an offense that would be a felony if committed 
by an adult and the child was at least 16 years of age at the 
time of the hearing offense.  In all delinquency cases a person 
named in the charging clause of the petition as a person 
directly damaged in person or property shall be entitled, upon 
request, to be notified by the court administrator in writing, 
at the named person's last known address, of (1) the date of the 
reference or adjudicatory hearings, and (2) the disposition of 
the case.  Adoption hearings shall be conducted in accordance 
with the provisions of laws relating to adoptions. 
    Sec. 19.  Minnesota Statutes 1986, section 260.155, 
subdivision 4, is amended to read:  
    Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
a guardian ad litem to protect the interests of the minor when 
it appears, at any stage of the proceedings, that the minor is 
without a parent or guardian, or that the minor's parent is a 
minor or incompetent, or that the parent or guardian is 
indifferent or hostile to the minor's interests, and in every 
proceeding alleging neglect or dependency a child's need for 
protection or services under section 3, clauses (1) to (10).  In 
any other case the court may appoint a guardian ad litem to 
protect the interests of the minor when the court feels that 
such an appointment is desirable.  The court shall appoint the 
guardian ad litem on its own motion or in the manner provided 
for the appointment of a guardian ad litem in the district court.
    (b) The court may waive the appointment of a guardian ad 
litem pursuant to clause (a), whenever counsel has been 
appointed pursuant to subdivision 2 or is retained otherwise, 
and the court is satisfied that the interests of the minor are 
protected. 
    (c) In appointing a guardian ad litem pursuant to clause 
(a), the court shall not appoint the party, or any agent or 
employee thereof, filing a petition pursuant to section 260.131. 
    Sec. 20.  Minnesota Statutes 1986, section 260.155, 
subdivision 4a, is amended to read:  
    Subd. 4a.  [EXAMINATION OF CHILD.] In any dependency, 
neglect, child in need of protection or services proceeding or 
neglected and in foster care proceeding the court may, on its 
own motion or the motion of any party, take the testimony of a 
child witness informally when it is in the child's best 
interests to do so.  Informal procedures that may be used by the 
court include taking the testimony of a child witness outside 
the courtroom.  The court may also require counsel for any party 
to the proceeding to submit questions to the court before the 
child's testimony is taken, and to submit additional questions 
to the court for the witness after questioning has been 
completed.  The court may excuse the presence of the child's 
parent, guardian, or custodian from the room where the child is 
questioned in accordance with subdivision 5. 
    Sec. 21.  Minnesota Statutes 1987 Supplement, section 
260.156, is amended to read:  
    260.156 [CERTAIN OUT-OF-COURT STATEMENTS ADMISSIBLE.] 
    An out-of-court statement made by a child under the age of 
ten years, or a child ten years of age or older who is mentally 
impaired, as defined under section 609.341, subdivision 6, 
alleging, explaining, denying, or describing any act of sexual 
contact or penetration performed with or on the child or any act 
of physical abuse or neglect of the child by another, not 
otherwise admissible by statute or rule of evidence, is 
admissible in evidence in any dependency, neglect child in need 
of protection or services, neglected and in foster care, or 
domestic child abuse proceeding or any proceeding for 
termination of parental rights if:  
    (a) the court finds that the time, content, and 
circumstances of the statement and the reliability of the person 
to whom the statement is made provide sufficient indicia of 
reliability; and 
    (b) the proponent of the statement notifies other parties 
of an intent to offer the statement and the particulars of the 
statement sufficiently in advance of the proceeding at which the 
proponent intends to offer the statement into evidence, to 
provide the parties with a fair opportunity to meet the 
statement.  
    For purposes of this section, an out-of-court statement 
includes a video, audio, or other recorded statement. 
    Sec. 22.  Minnesota Statutes 1986, section 260.171, 
subdivision 1, is amended to read: 
    Subdivision 1.  If a child is taken into custody as 
provided in section 260.165, the parent, guardian, or custodian 
of the child shall be notified as soon as possible.  Unless 
there is reason to believe that the child would endanger self or 
others, not return for a court hearing, run away from the 
child's parent, guardian, or custodian or otherwise not remain 
in the care or control of the person to whose lawful custody the 
child is released, or that the child's health or welfare would 
be immediately endangered, the child shall be released to the 
custody of a parent, guardian, custodian, or other suitable 
person.  That person shall promise to bring the child to the 
court, if necessary, at the time the court may direct.  If the 
person taking the child into custody believes it desirable, that 
person may request the parent, guardian, custodian, or other 
person designated by the court to sign a written promise to 
bring the child to court as provided above.  The intentional 
violation of such a promise, whether given orally or in writing, 
shall be punishable as contempt of court. 
    The court may require the parent, guardian, custodian or 
other person to whom the child is released, to post any 
reasonable bail or bond required by the court which shall be 
forfeited to the court if the child does not appear as 
directed.  The court may also release the child on the child's 
own promise to appear in juvenile court. 
    Sec. 23.  Minnesota Statutes 1986, section 260.171, 
subdivision 4, is amended to read:  
    Subd. 4.  If the person who has taken the child into 
custody determines that the child should be placed in a secure 
detention facility or a shelter care facility, that person shall 
advise the child and as soon as is possible, the child's parent, 
guardian, or custodian: 
    (a) of the reasons why the child has been taken into 
custody and why the child is being placed in a secure detention 
facility or a shelter care facility; and 
    (b) of the location of the secure detention facility or 
shelter care facility.  If there is reason to believe that 
disclosure of the location of the shelter care facility would 
place the child's health and welfare in immediate endangerment, 
disclosure of the location of the shelter care facility shall 
not be made; and 
    (c) that the child's parent, guardian, or custodian and 
attorney or guardian ad litem may make an initial visit to the 
secure detention facility or shelter care facility at any time.  
Subsequent visits by a parent, guardian, or custodian may be 
made on a reasonable basis during visiting hours and by the 
child's attorney or guardian ad litem at reasonable hours; and 
    (d) that the child may telephone parents and an attorney or 
guardian ad litem from the secure detention facility or shelter 
care facility immediately after being admitted to the facility 
and thereafter on a reasonable basis to be determined by the 
director of the facility; and 
    (e) that the child may not be detained for acts as defined 
in section 260.015, subdivision 5, at a secure detention 
facility or shelter care facility longer than 36 hours, 
excluding Saturdays, Sundays and holidays, unless a petition has 
been filed within that time and the court orders the child's 
continued detention, pursuant to section 260.172; and 
    (f) that the child may not be detained pursuant to section 
260.165, subdivision 1, clause (a) or (c)(2), at a shelter care 
facility longer than 72 hours, excluding Saturdays, Sundays and 
holidays, unless a petition has been filed within that time and 
the court orders the child's continued detention, pursuant to 
section 260.172; and 
    (g) of the date, time, and place of the detention hearing; 
and 
    (h) that the child and the child's parent, guardian, or 
custodian have the right to be present and to be represented by 
counsel at the detention hearing, and that if they cannot afford 
counsel, counsel will be appointed at public expense for the 
child, if it is a delinquency matter, or for any party, if it is 
a dependency, neglect child in need of protection or services, 
neglected and in foster care, or termination of parental rights 
matter. 
    Sec. 24.  Minnesota Statutes 1986, section 260.172, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except a child taken into custody pursuant 
to section 260.165, subdivision 1, clause (a) or (c)(2), a 
hearing shall be held within 36 hours of a child's being taken 
into custody, excluding Saturdays, Sundays and holidays, to 
determine whether the child should continue in detention.  
Within 72 hours of a child being taken into custody pursuant to 
section 260.165, subdivision 1, clause (a) or (c)(2), excluding 
Saturdays, Sundays and holidays, a hearing shall be held to 
determine whether the child should continue in custody.  Unless 
there is reason to believe that the child would endanger self or 
others, not return for a court hearing, run away from the 
child's parent, guardian, or custodian or otherwise not remain 
in the care or control of the person to whose lawful custody the 
child is released, or that the child's health or welfare would 
be immediately endangered, the child shall be released to the 
custody of a parent, guardian, custodian or other suitable 
person.  
    Sec. 25.  Minnesota Statutes 1986, section 260.173, 
subdivision 3, is amended to read:  
    Subd. 3.  [PLACEMENT.] If the child had been taken into 
custody and detained as one who is alleged to be delinquent, a 
habitual truant, a runaway in need of protection or services 
under section 3, clause (11) or (12), or a juvenile petty 
offender, or a juvenile alcohol or controlled substance offender 
by reason of: 
    (a) Having committed an offense which would not constitute 
a violation of a state law or local ordinance if the child were 
an adult; or 
    (b) Having been previously adjudicated 
delinquent, habitually truant, a runaway in need of protection 
or services under section 3, clause (11) or (12), or a juvenile 
petty offender, or a juvenile alcohol or controlled substance 
offender, or conditionally released by the juvenile court 
without adjudication, has violated probation, parole, or other 
field supervision under which the child had been placed as a 
result of behavior described in this subdivision; the child may 
be placed only in a shelter care facility. 
    Sec. 26.  Minnesota Statutes 1986, section 260.181, 
subdivision 4, is amended to read:  
    Subd. 4.  [TERMINATION OF JURISDICTION.] The court may 
dismiss the petition or otherwise terminate its jurisdiction on 
its own motion or on the motion or petition of any interested 
party at any time.  Unless terminated by the court, and except 
as otherwise provided in this subdivision, the jurisdiction of 
the court shall continue until the individual becomes 19 years 
of age if the court determines it is in the best interest of the 
individual to do so.  Court jurisdiction under section 3, clause 
(12), may not continue past the child's 17th birthday. 
    Sec. 27.  Minnesota Statutes 1986, section 260.191, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
the child is neglected, dependent, in need of protection or 
services or neglected and in foster care, it shall enter an 
order making any of the following dispositions of the case: 
    (a) (1) place the child under the protective supervision of 
the county welfare board or child placing agency in the child's 
own home under conditions prescribed by the court directed to 
the correction of the neglect or dependency of the child child's 
need for protection or services; 
    (b) (2) transfer legal custody to one of the following: 
    (1) (i) a child placing agency; or 
    (2) (ii) the county welfare board. 
    In placing a child whose custody has been transferred under 
this paragraph, the agency and board shall follow the order of 
preference stated in section 260.181, subdivision 3; 
    (c) (3) if the child is in need of special treatment and 
care for reasons of physical or mental health, the court may 
order the child's parent, guardian, or custodian to provide it.  
If the parent, guardian, or custodian fails to provide this 
treatment or care, the court may order it provided.  If the 
court's order for mental health treatment is based on a 
diagnosis made by a treatment professional, the court may order 
that the diagnosing professional not provide the treatment to 
the child if it finds that such an order is in the child's best 
interests; or 
    (4) if the court believes that the child has sufficient 
maturity and judgment and that it is in the best interests of 
the child, the court may order a child 16 years old or older to 
be allowed to live independently, either alone or with others as 
approved by the court under supervision the court considers 
appropriate, if the county board, after consultation with the 
court, has specifically authorized this dispositional 
alternative for a child. 
    (b) If the child was adjudicated in need of protection or 
services because the child is a runaway or habitual truant, the 
court may order any of the following dispositions in addition to 
or as alternatives to the dispositions authorized under 
paragraph (a): 
    (1) counsel the child or the child's parents, guardian, or 
custodian; 
    (2) place the child under the supervision of a probation 
officer or other suitable person in the child's own home under 
conditions prescribed by the court, including reasonable rules 
for the child's conduct and the conduct of the parents, 
guardian, or custodian, designed for the physical, mental, and 
moral well-being and behavior of the child; or with the consent 
of the commissioner of corrections, place the child in a group 
foster care facility which is under the commissioner's 
management and supervision; 
    (3) subject to the court's supervision, transfer legal 
custody of the child to one of the following: 
    (i) a reputable person of good moral character.  No person 
may receive custody of two or more unrelated children unless 
licensed to operate a residential program under sections 245A.01 
to 245A.16; or 
    (ii) a county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
    (4) require the child to pay a fine of up to $100.  The 
court shall order payment of the fine in a manner that will not 
impose undue financial hardship upon the child;  
    (5) require the child to participate in a community service 
project; 
    (6) order the child to undergo a chemical dependency 
evaluation and, if warranted by the evaluation, order 
participation by the child in a drug awareness program or an 
inpatient or outpatient chemical dependency treatment program; 
    (7) if the court believes that it is in the best interests 
of the child and of public safety that the child's driver's 
license be canceled, the court may recommend to the commissioner 
of public safety that the child's license be canceled for any 
period up to the child's 18th birthday.  The commissioner is 
authorized to cancel the license without a hearing.  At any time 
before the expiration of the period of cancellation, the court 
may, for good cause, recommend to the commissioner of public 
safety that the child be authorized to apply for a new license, 
and the commissioner may so authorize; or 
    (8) require the child to perform any other activities or 
participate in any other treatment programs deemed appropriate 
by the court.  
    Sec. 28.  Minnesota Statutes 1986, section 260.191, is 
amended by adding a subdivision to read: 
    Subd. 1e.  [CASE PLAN.] For each disposition ordered, the 
court shall order the appropriate agency to prepare a written 
case plan developed after consultation with and participation by 
the child and the child's parent, guardian, or custodian.  The 
case plan shall comply with the requirements of section 257.071, 
where applicable.  The case plan shall, among other matters, 
specify the actions to be taken by the child and the child's 
parent, guardian, or custodian to comply with the court's 
disposition order, and the services to be offered and provided 
by the agency to the child and the child's parent, guardian, or 
custodian.  The court shall review the case plan and, upon 
approving it, incorporate the plan into its disposition order.  
The court may review and modify the terms of the case plan in 
the manner provided in subdivision 2. 
    Sec. 29.  Minnesota Statutes 1986, section 260.191, 
subdivision 4, is amended to read:  
    Subd. 4.  When it is in the best interests of the child or 
the child's parents to do so and when either the allegations 
contained in the petition have been admitted, or when a hearing 
has been held as provided in section 260.155 and the allegations 
contained in the petition have been duly proven, before a 
finding of neglect or dependency need for protection or services 
or a finding that a child is neglected and in foster care has 
been entered the court may continue the case for a period not to 
exceed 90 days on any one order.  Such a continuance may be 
extended for one additional successive period not to exceed 90 
days and only after the court has reviewed the case and entered 
its order for an additional continuance without a finding that 
the child is neglected, dependent, in need of protection or 
services or neglected and in foster care.  During this 
continuance the court may enter any order otherwise permitted 
under the provisions of this section. 
    Sec. 30.  Minnesota Statutes 1986, section 260.195, is 
amended to read: 
    260.195 [JUVENILE ALCOHOL OR CONTROLLED SUBSTANCE OFFENDER 
PETTY OFFENDERS; PROCEDURES; DISPOSITIONS.] 
    Subdivision 1.  [ADJUDICATION.] A petty offender who has 
committed a juvenile alcohol or controlled substance offender 
offense shall be adjudicated a "juvenile alcohol petty offender 
or juvenile controlled substance offender," and shall not be 
adjudicated delinquent, unless, as in the case of any other 
child alleged to be delinquent, a petition is filed in the 
manner provided in section 260.131, summons issued, notice 
given, a hearing held, and the court finds as a further fact 
that the child is also delinquent within the meaning and purpose 
of the laws related to juvenile courts.  
    Subd. 2.  [PROCEDURE.] When a peace officer has probable 
cause to believe that a child is a juvenile alcohol or 
controlled substance petty offender, the officer may issue a 
notice to the child to appear in juvenile court in the county in 
which the alleged violation occurred.  The officer shall file a 
copy of the notice to appear with the juvenile court of the 
county in which the alleged violation occurred.  Filing with the 
court a notice to appear containing the name and address of the 
child who is alleged to be a juvenile alcohol or controlled 
substance petty offender, specifying the offense charged, and 
the time and place of the alleged violation has the effect of a 
petition giving the juvenile court jurisdiction.  Any reputable 
person having knowledge that a child is a juvenile alcohol or 
controlled substance petty offender may petition the juvenile 
court in the manner provided in section 260.131.  Whenever a 
notice to appear or petition is filed alleging that a child is a 
juvenile alcohol or controlled substance petty offender, the 
court shall summon and notify the person or persons having 
custody or control of the child of the nature of the offense 
charged and the time and place of hearing.  This summons and 
notice shall be served in the time and manner provided in 
section 260.135, subdivision 1.  If a child fails to appear in 
response to the notice provided by this subdivision, the court 
may issue a summons notifying the child of the nature of the 
offense alleged and the time and place set for the hearing.  If 
the peace officer finds it necessary to take the child into 
custody, sections 260.165 and 260.171 shall apply.  
    Subd. 3.  [DISPOSITIONS.] If the juvenile court finds that 
a child is a juvenile alcohol or controlled substance petty 
offender, the court may require the child to:  
    (a) Pay a fine of up to $100;  
    (b) Participate in a community service project;  
    (c) Participate in a drug awareness program; or 
    (d) Order the child to undergo a chemical dependency 
evaluation and if warranted by this evaluation, order 
participation by the child in an inpatient or outpatient 
chemical dependency treatment program; or 
    (e) Perform any other activities or participate in any 
other treatment programs deemed appropriate by the court.  
    In all cases where the juvenile court finds that a child 
has purchased or attempted to purchase an alcoholic beverage in 
violation of section 340.731, if the child has a driver's 
license or permit to drive, and if the child used a driver's 
license or permit to purchase or attempt to purchase the 
alcoholic beverage, the court shall forward its finding in the 
case and the child's driver's license or permit to the 
commissioner of public safety.  Upon receipt, the commissioner 
shall revoke the child's license or permit for a period of 30 
days.  
    None of the dispositional alternatives described in clauses 
(a) to (e) shall be imposed by the court in a manner which would 
cause an undue hardship upon the child. 
    Subd. 4.  [ALTERNATIVE DISPOSITION.] In addition to 
dispositional alternatives authorized by subdivision 3, in the 
case of a third or subsequent finding by the court pursuant to 
an admission in court or after trial that a child is has 
committed a juvenile alcohol or controlled substance offender 
offense, the juvenile court shall order a chemical dependency 
evaluation of the child and if warranted by the evaluation, the 
court may order participation by the child in an inpatient or 
outpatient chemical dependency treatment program, or any other 
treatment deemed appropriate by the court.  
    Subd. 5.  [FINDINGS REQUIRED.] Any order for disposition 
authorized by this section shall contain written findings of 
fact to support the disposition ordered, and shall also set 
forth in writing the following information:  
    (a) Why the best interests of the child are served by the 
disposition ordered; and 
    (b) What alternative dispositions were considered by the 
court and why they were not appropriate in the instant case.  
    Subd. 6.  [REPORT.] The juvenile court shall report to the 
office of state court administrator each disposition made under 
this section and sections 260.185, 260.191, and 260.192, and 
260.194 where placement is made outside of this state's 
jurisdictional boundaries.  Each report shall contain 
information as to date of placement, length of anticipated 
placement, program costs, reasons for out of state placement, 
and any other information as the office requires to determine 
the number of out of state placements, the reasons for these 
placements, and the costs involved.  The report shall not 
contain the name of the child.  Any information contained in the 
reports relating to factors identifying a particular child is 
confidential and may be disclosed only by order of the juvenile 
court.  Any person violating this subdivision as to release of 
this confidential information is guilty of a misdemeanor.  
    Subd. 7.  [EXPUNGEMENT.] The court may expunge the 
adjudication of a child as a juvenile alcohol or controlled 
substance petty offender at any time it deems advisable. 
    Sec. 31.  Minnesota Statutes 1987 Supplement, section 
260.221, is amended to read:  
    260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.] 
    The juvenile court may, upon petition, terminate all rights 
of a parent to a child in the following cases: 
    (a) With the written consent of a parent who for good cause 
desires to terminate parental rights; or 
    (b) If it finds that one or more of the following 
conditions exist: 
    (1) That the parent has abandoned the child; or 
    (2) That the parent has substantially, continuously, or 
repeatedly refused or neglected to comply with the duties 
imposed upon that parent by the parent and child relationship, 
including but not limited to providing the child with necessary 
food, clothing, shelter, education, and other care and control 
necessary for the child's physical, mental, or emotional health 
and development, if the parent is physically and financially 
able; or 
    (3) That a parent has been ordered to contribute to the 
support of the child or financially aid in the child's birth and 
has continuously failed to do so without good cause.  This 
clause shall not be construed to state a grounds for termination 
of parental rights of a noncustodial parent if that parent has 
not been ordered to or cannot financially contribute to the 
support of the child or aid in the child's birth; or 
      (4) That a parent is palpably unfit to be a party to the 
parent and child relationship because of a consistent pattern of 
specific conduct before the child or of specific conditions 
directly relating to the parent and child relationship either of 
which are determined by the court to be permanently detrimental 
to the physical or mental health of the child; or 
    (5) That following upon a determination of neglect or 
dependency a child's need for protection or services, reasonable 
efforts, under the direction of the court, have failed to 
correct the conditions leading to the determination; or 
    (6) That in the case of a child born to a mother who was 
not married to the child's father when the child was conceived 
nor when the child was born the person is not entitled to notice 
of an adoption hearing under section 259.26 and either the 
person has not filed a notice of intent to retain parental 
rights under section 259.261 or that the notice has been 
successfully challenged; or 
    (7) That the child is neglected and in foster care.  
    For purposes of clause (a), an adoptive parent may not 
terminate parental rights to an adopted child for a reason that 
would not apply to a birth parent seeking termination of 
parental rights to a child under clause (a). 
    Sec. 32.  Minnesota Statutes 1986, section 260.235, is 
amended to read:  
    260.235 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.] 
    If, after a hearing, the court does not terminate parental 
rights but determines that conditions of neglect or dependency 
exist the child is in need of protection or services, or that 
the child is neglected and in foster care, the court may find 
the child neglected, dependent, is in need of protection or 
services or neglected and in foster care and may enter an order 
in accordance with the provisions of section 260.191. 
    Sec. 33.  Minnesota Statutes 1986, section 260.255, is 
amended to read:  
    260.255 [JURISDICTION OVER PERSONS CONTRIBUTING TO 
DELINQUENCY OR NEGLECT NEED FOR PROTECTION OR SERVICES; COURT 
ORDERS.] 
    Subdivision 1.  The juvenile court has jurisdiction over 
persons contributing to the delinquency or neglect need for 
protection or services of a child under the provisions of 
subdivision 2 or 3.  
    Subd. 2.  If in the hearing of a case of a child alleged to 
be delinquent or neglected in need of protection or services it 
appears by a fair preponderance of the evidence that any person 
has violated the provisions of section 260.315, the court may 
make any of the following orders: 
    (a) Restrain the person from any further act or omission in 
violation of section 260.315; or 
    (b) Prohibit the person from associating or communicating 
in any manner with the child; or 
    (c) Provide for the maintenance or care of the child, if 
the person is responsible for such, and direct when, how, and 
where money for such maintenance or care shall be paid.  
    Subd. 3.  Before making any order under subdivision 2 the 
court shall issue an order to show cause, either upon its own 
motion or upon a verified petition, specifying the charges made 
against the person and fixing the time and place of the 
hearing.  The order to show cause shall be served personally and 
shall be heard in the same manner as provided in other cases in 
the juvenile court.  
    Sec. 34.  Minnesota Statutes 1986, section 260.291, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] An 
appeal may be taken by the aggrieved person from a final order 
affecting a substantial right of the aggrieved person, including 
but not limited to an order adjudging a child to be dependent, 
neglected in need of protection or services, neglected and in 
foster care, delinquent, or a juvenile traffic offender.  The 
appeal shall be taken within 30 days of the filing of the 
appealable order.  The court administrator shall notify the 
person having legal custody of the minor of the appeal.  Failure 
to notify the person having legal custody of the minor shall not 
affect the jurisdiction of the appellate court.  The order of 
the juvenile court shall stand, pending the determination of the 
appeal, but the reviewing court may in its discretion and upon 
application stay the order. 
    Sec. 35.  Minnesota Statutes 1986, section 260.301, is 
amended to read:  
    260.301 [CONTEMPT.] 
    Any person knowingly interfering with an order of the 
juvenile court is in contempt of court.  However, a child who is 
under the continuing jurisdiction of the court for reasons other 
than delinquency may not be adjudicated as a delinquent solely 
on the basis of having knowingly interfered with or disobeyed an 
order of the court. 
    Sec. 36.  Minnesota Statutes 1986, section 260.315, is 
amended to read:  
    260.315 [CONTRIBUTING TO NEGLECT NEED FOR PROTECTION OR 
SERVICES OR DELINQUENCY.] 
    Any person who by act, word or omission encourages, causes 
or contributes to the neglect need for protection or services or 
delinquency of a child, or to a child's status as a habitual 
truant, runaway, juvenile petty offender, juvenile alcohol 
offender, or juvenile controlled substance offender, is guilty 
of a misdemeanor.  
    Sec. 37.  Minnesota Statutes 1986, section 260.35, is 
amended to read:  
    260.35 [TESTS, EXAMINATIONS.] 
    Thereafter it shall be the duty of the commissioner of 
human services through the bureau of child welfare and county 
welfare boards to arrange for such tests, examinations, and 
investigations as are necessary for the proper diagnosis, 
classification, treatment, care and disposition of the child as 
necessity and the best interests of the child shall from time to 
time require.  When it appears that a dependent or neglected 
child found to be in need of protection or services is sound of 
mind, free from disease, and suitable for placement in a foster 
home for care or adoption, the commissioner may so place the 
child or delegate such duties to a child-placing agency 
accredited as provided by law, or authorize the child's care in 
the county by and under the supervision of the county welfare 
board.  
    Sec. 38.  Minnesota Statutes 1986, section 260.36, is 
amended to read:  
    260.36 [SPECIAL PROVISIONS IN CERTAIN CASES.] 
    When the commissioner of human services shall find that a 
child transferred to the commissioner's guardianship after 
parental rights to the child are terminated or that a child 
committed to the commissioner's guardianship as a dependent or 
neglected child in need of protection or services is handicapped 
physically or whose mentality has not been satisfactorily 
determined or who is affected by habits, ailments, or handicaps 
that produce erratic and unstable conduct, and is not suitable 
or desirable for placement in a home for permanent care or 
adoption, the commissioner of human services shall make special 
provision for the child's care and treatment designed to the 
child, if possible, for such placement or to become 
self-supporting.  The facilities of the commissioner of human 
services and all state treatment facilities, the Minnesota 
general hospital, and the child guidance clinic of its 
psychopathic department, as well as the facilities available 
through reputable clinics, private child-caring agencies, and 
foster boarding homes, accredited as provided by law, may be 
used as the particular needs of the child may demand.  When it 
appears that the child is suitable for permanent placement or 
adoption, the commissioner of human services shall cause the 
child to be placed as provided in section 260.35.  If the 
commissioner of human services is satisfied that the child is 
mentally retarded the commissioner may bring the child before 
the probate court of the county where the child is found or the 
county of the child's legal settlement for examination and 
commitment as provided by law.  
    Sec. 39.  Minnesota Statutes 1986, section 484.73, 
subdivision 2, is amended to read:  
    Subd. 2.  [EXCLUSIONS.] Judicial arbitration may not be 
used to dispose of matters relating to guardianship, 
conservatorship, or civil commitment, matters within the 
juvenile court jurisdiction involving neglect, dependency, 
children in need of protection or services or delinquency, 
matters involving termination of parental rights under sections 
260.221 to 260.245, or matters arising under sections 518B.01, 
626.557, or 144.651 to 144.652.  
    Sec. 40.  [REPEALER.] 
    Minnesota Statutes 1986, sections 260.015, subdivisions 6 
and 10; 260.103; and 260.194, are repealed. 
    Approved April 26, 1988

Official Publication of the State of Minnesota Revisor of Statutes