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Office of the Revisor of Statutes

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

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 421-S.F.No. 2123 
                  An act relating to children; clarifying the procedures 
                  peace officers must follow when deciding where to 
                  place a child placed on a health and welfare hold; 
                  requiring certain notices; clarifying the duties of 
                  related persons receiving a child on a 72-hour health 
                  and welfare hold; clarifying the reporting procedures 
                  and requirements for the placing officer to notify the 
                  county agency and the court; changing certain 
                  emergency licensing procedures; authorizing certain 
                  petitions and appearances; specifying review in 
                  certain cases; amending Minnesota Statutes 1994, 
                  sections 257.02; 257.03; 260.015, subdivision 14; 
                  260.165, subdivision 3; 260.171, subdivision 2; and 
                  260.173, subdivision 2; Minnesota Statutes 1995 
                  Supplement, section 245A.035, subdivision 2; proposing 
                  coding for new law in Minnesota Statutes, chapter 257. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        245A.035, subdivision 2, is amended to read: 
           Subd. 2.  [COOPERATION WITH EMERGENCY LICENSING PROCESS.] 
        (a) A county agency that places a child with a relative who is 
        not licensed to provide foster care must begin the process of 
        securing an emergency license for the relative as soon as 
        possible and must conduct the initial inspection required by 
        subdivision 3, clause (1), whenever possible, prior to placing 
        the child in the relative's home, but no later than three 
        working days after placing the child in the home.  A child 
        placed in the home of a relative who is not licensed to provide 
        foster care must be removed from that home if the relative fails 
        to cooperate with the county agency in securing an emergency 
        foster care license.  The commissioner may only issue an 
        emergency foster care license to a relative with whom the county 
        agency wishes to place or has placed a child for foster care, or 
        to a relative with whom a child has been placed by court order.  
           (b) If a child is to be placed in the home of a relative 
        not licensed to provide foster care, either the placing agency 
        or the county agency in the county in which the relative lives 
        shall conduct the emergency licensing process as required in 
        this section. 
           Sec. 2.  Minnesota Statutes 1994, section 257.02, is 
        amended to read: 
           257.02 [SURRENDER OF PARENTAL RIGHTS.] 
           No person other than the parents or relatives may assume 
        the permanent care and custody of a child under 14 years of age 
        unless authorized so to do by an order or decree of 
        court.  However, if a parent of a child who is being cared for 
        by a relative dies, or if the parent is not or cannot fulfill 
        parental duties with respect to the child, the relative may 
        bring a petition under section 260.131.  Except in proceedings 
        for adoption, no parent may assign or otherwise transfer to 
        another parental rights or duties with respect to the permanent 
        care and custody of a child under 14 years of age.  Any such 
        transfer shall be void.  
           Sec. 3.  Minnesota Statutes 1994, section 257.03, is 
        amended to read: 
           257.03 [NOTICE TO COMMISSIONER OF HUMAN SERVICES.] 
           Any person not exempted from the requirement for licensure 
        under chapter 245A receiving a child in the person's home: 
           (1) because of the death, injury, or illness of the child's 
        parent if the person intends to keep the child for more than 30 
        days; or 
           (2) with intent to adopt the child or keep the child 
        permanently, except a person receiving a child from an 
        authorized agency, must notify the commissioner of human 
        services in writing within 30 days after the child is received.  
        Notice shall state the true name of the child; the child's last 
        previous address; the name and address of the child's parents or 
        legal guardian and of persons with whom the child last resided; 
        and the names and addresses of persons who placed the child in 
        the home, arranged for, or assisted with arrangements for the 
        child's placement there; and such other facts about the child or 
        the home as the commissioner may require.  It is the duty of the 
        commissioner or a designated agent to investigate the 
        circumstances surrounding the child's entry into the home and to 
        take appropriate action to assure for the child, the biological 
        parents, and the foster parents the full protection of all laws 
        of Minnesota relating to custody and foster care of children.  
        Except as provided by section 317A.907, no person shall solicit, 
        receive, or accept any payment, promise of payment, or 
        compensation, for placing a child in foster care or for 
        assisting to place a child in foster care.  Nor shall any person 
        pay or promise to pay or in any way compensate any person, for 
        placing or for assisting to place a child in foster care.  
           Sec. 4.  [257.035] [EMERGENCY.] 
           A relative who acts to protect a child in an emergency or 
        when a parent dies is not a custodian as defined under section 
        260.015.  If the relative is unable or unwilling to provide for 
        the ongoing care, custody, and control of the child, the child 
        may be considered a child in need of protection or services 
        under section 260.015.  The relative may report the death or 
        emergency to the local social service agency.  Upon receiving 
        the report, the local social service agency shall assess the 
        circumstances and the needs of the child.  The agency may place 
        the child in foster care with a relative who meets the licensing 
        standards under chapter 245A, and may pursue court action on 
        behalf of the child. 
           Sec. 5.  Minnesota Statutes 1994, section 260.015, 
        subdivision 14, is amended to read: 
           Subd. 14.  [CUSTODIAN.] "Custodian" means any person who is 
        under a legal obligation to provide care and support for a minor 
        or who is in fact providing care and support for a minor.  This 
        subdivision does not impose upon persons who are not otherwise 
        legally responsible for providing a child with necessary food, 
        clothing, shelter, education, or medical care a duty to provide 
        that care.  For an Indian child, custodian means any Indian 
        person who has legal custody of an Indian child under tribal law 
        or custom or under state law or to whom temporary physical care, 
        custody, and control has been transferred by the parent of the 
        child, as provided in section 257.351, subdivision 8.  
           Sec. 6.  Minnesota Statutes 1994, section 260.165, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
        officer takes a child into custody for shelter care or relative 
        placement pursuant to subdivision 1; section 260.135, 
        subdivision 5; or section 260.145, the officer shall give the 
        parent or custodian of the child a list of names, addresses, and 
        telephone numbers of social service agencies that offer child 
        welfare services.  If the parent or custodian was not present 
        when the child was removed from the residence, the list shall be 
        left with an adult on the premises or left in a conspicuous 
        place on the premises if no adult is present.  If the officer 
        has reason to believe the parent or custodian is not able to 
        read and understand English, the officer must provide a list 
        that is written in the language of the parent or custodian.  The 
        list shall be prepared by the commissioner of human services.  
        The commissioner shall prepare lists for each county and provide 
        each county with copies of the list without charge.  The list 
        shall be reviewed annually by the commissioner and updated if it 
        is no longer accurate.  Neither the commissioner nor any peace 
        officer or the officer's employer shall be liable to any person 
        for mistakes or omissions in the list.  The list does not 
        constitute a promise that any agency listed will in fact assist 
        the parent or custodian. 
           Sec. 7.  Minnesota Statutes 1994, section 260.171, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) If the child is not released as provided in 
        subdivision 1, the person taking the child into custody shall 
        notify the court as soon as possible of the detention of the 
        child and the reasons for detention.  
           (b) No child may be detained in a juvenile secure detention 
        facility or shelter care facility longer than 36 hours, 
        excluding Saturdays, Sundays, and holidays, after being taken 
        into custody for a delinquent act as defined in section 260.015, 
        subdivision 5, unless a petition has been filed and the judge or 
        referee determines pursuant to section 260.172 that the child 
        shall remain in detention.  
           (c) No child may be detained in an adult jail or municipal 
        lockup longer than 24 hours, excluding Saturdays, Sundays, and 
        holidays, or longer than six hours in an adult jail or municipal 
        lockup in a standard metropolitan statistical area, after being 
        taken into custody for a delinquent act as defined in section 
        260.015, subdivision 5, unless: 
           (1) a petition has been filed under section 260.131; and 
           (2) a judge or referee has determined under section 260.172 
        that the child shall remain in detention. 
           After August 1, 1991, no child described in this paragraph 
        may be detained in an adult jail or municipal lockup longer than 
        24 hours, excluding Saturdays, Sundays, and holidays, or longer 
        than six hours in an adult jail or municipal lockup in a 
        standard metropolitan statistical area, unless the requirements 
        of this paragraph have been met and, in addition, a motion to 
        refer the child for adult prosecution has been made under 
        section 260.125. 
           (d) No child taken into custody and placed in a shelter 
        care facility or relative's home by a peace officer pursuant to 
        section 260.165, subdivision 1, clause (a) or (c)(2) may be held 
        in a shelter care facility custody longer than 72 hours, 
        excluding Saturdays, Sundays and holidays, unless a petition has 
        been filed and the judge or referee determines pursuant to 
        section 260.172 that the child shall remain in custody.  
           (e) If a child described in paragraph (c) is to be detained 
        in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
        holidays, the judge or referee, in accordance with rules and 
        procedures established by the commissioner of corrections, shall 
        notify the commissioner of the place of the detention and the 
        reasons therefor.  The commissioner shall thereupon assist the 
        court in the relocation of the child in an appropriate juvenile 
        secure detention facility or approved jail within the county or 
        elsewhere in the state, or in determining suitable 
        alternatives.  The commissioner shall direct that a child 
        detained in a jail be detained after eight days from and 
        including the date of the original detention order in an 
        approved juvenile secure detention facility with the approval of 
        the administrative authority of the facility.  If the court 
        refers the matter to the prosecuting authority pursuant to 
        section 260.125, notice to the commissioner shall not be 
        required. 
           Sec. 8.  Minnesota Statutes 1994, section 260.173, 
        subdivision 2, is amended to read: 
           Subd. 2.  Notwithstanding the provisions of subdivision 1, 
        if the child had been taken into custody pursuant to section 
        260.165, subdivision 1, clause (a) or clause (c)(2), and is not 
        alleged to be delinquent, the child shall be detained in the 
        least restrictive setting consistent with the child's health and 
        welfare and in closest proximity to the child's family as 
        possible.  Placement may be with a child's relative, or in a 
        shelter care facility.  The placing officer shall comply with 
        this section and shall document why a less restrictive setting 
        will or will not be in the best interests of the child for 
        placement purposes. 
           Presented to the governor March 30, 1996 
           Signed by the governor April 2, 1996, 12:50 p.m.