Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 139-S.F.No. 184
An act relating to juvenile justice; recodifying,
clarifying, and relocating provisions relating to
juvenile delinquency and child protection; providing
separate areas of law dealing with child protection
and delinquency; amending Minnesota Statutes 1998,
section 260.011, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 260; proposing
coding for new law as Minnesota Statutes, chapters
260B; and 260C; repealing Minnesota Statutes 1998,
sections 257.069; 257.071; 257.0711; 257.072; 257.35;
257.351; 257.352; 257.353; 257.354; 257.355; 257.356;
257.3571; 257.3572; 257.3573; 257.3574; 257.3575;
257.3576; 257.3577; 257.3578; 257.3579; 257.40;
257.41; 257.42; 257.43; 257.44; 257.45; 257.46;
257.47; 257.48; 260.011, subdivision 2; 260.013;
260.015; 260.092; 260.094; 260.096; 260.101; 260.111;
260.115; 260.121; 260.125; 260.126; 260.131; 260.132;
260.133; 260.135; 260.141; 260.145; 260.151; 260.155;
260.157; 260.161; 260.162; 260.165; 260.171; 260.172;
260.173; 260.1735; 260.174; 260.181; 260.185; 260.191;
260.192; 260.193; 260.195; 260.211; 260.215; 260.221;
260.241; 260.242; 260.245; 260.251; 260.255; 260.261;
260.271; 260.281; 260.291; 260.301; 260.315; 260.35;
260.36; 260.39; and 260.40.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ORGANIZATIONAL PROVISIONS
Section 1. Minnesota Statutes 1998, section 260.011,
subdivision 1, is amended to read:
Subdivision 1. [CITATION.] Sections 260.011 to 260.301
260.91 may be cited as general provisions of the Juvenile Court
Act.
Sec. 2. [260.751] [CITATION.]
Sections 260.751 to 260.835 may be cited as the "Minnesota
Indian Family Preservation Act." [257.35]
Sec. 3. [260.755] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 260.751 to
260.835, the following terms have the meanings given them.
[257.351, subd. 1]
Subd. 2. [ADMINISTRATIVE REVIEW.] "Administrative review"
means review under section 260C.212. [257.351, subd. 2]
Subd. 3. [CHILD PLACEMENT PROCEEDING.] "Child placement
proceeding" includes a judicial proceeding which could result in
the following:
(a) "Adoptive placement" means the permanent placement of
an Indian child for adoption, including an action resulting in a
final decree of adoption.
(b) "Involuntary foster care placement" means an action
removing an Indian child from its parents or Indian custodian
for temporary placement in a foster home, institution, or the
home of a guardian. The parent or Indian custodian cannot have
the child returned upon demand, but parental rights have not
been terminated.
(c) "Preadoptive placement" means the temporary placement
of an Indian child in a foster home or institution after the
termination of parental rights, before or instead of adoptive
placement.
(d) "Termination of parental rights" means an action
resulting in the termination of the parent-child relationship
under section 260C.301.
The terms include placements based upon juvenile status
offenses, but do not include a placement based upon an act which
if committed by an adult would be deemed a crime, or upon an
award of custody in a divorce proceeding to one of the parents.
[257.351, subd. 3]
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of human services. [257.351, subd. 3a]
Subd. 5. [DEMAND.] "Demand" means a written and notarized
statement signed by a parent or Indian custodian of a child
which requests the return of the child who has been voluntarily
placed in foster care. [257.351, subd. 4]
Subd. 6. [FAMILY-BASED SERVICES.] "Family-based services"
means intensive family-centered services to families primarily
in their own home and for a limited time. [257.351, subd. 4a]
Subd. 7. [INDIAN.] "Indian" means a person who is a member
of an Indian tribe or an Alaskan native and a member of a
regional corporation as defined in section 7 of the Alaska
Native Claims Settlement Act, United States Code, title 43,
section 1606. [257.351, subd. 5]
Subd. 8. [INDIAN CHILD.] "Indian child" means an unmarried
person who is under age 18 and is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian tribe. [257.351,
subd. 6]
Subd. 9. [INDIAN CHILD'S TRIBE.] "Indian child's tribe"
means the Indian tribe in which an Indian child is a member or
eligible for membership. In the case of an Indian child who is
a member of or eligible for membership in more than one tribe,
the Indian child's tribe is the tribe with which the Indian
child has the most significant contacts. If that tribe does not
express an interest in the outcome of the actions taken under
sections 260.751 to 260.835 with respect to the child, any other
tribe in which the child is eligible for membership that
expresses an interest in the outcome may act as the Indian
child's tribe. [257.351, subd. 7]
Subd. 10. [INDIAN CUSTODIAN.] "Indian custodian" means an
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. [257.351, subd. 8]
Subd. 11. [INDIAN ORGANIZATION.] "Indian organization"
means an organization providing child welfare services that is
legally incorporated as a nonprofit organization, is registered
with the secretary of state, and is governed by a board of
directors having at least a majority of Indian directors.
[257.351, subd. 8a]
Subd. 12. [INDIAN TRIBE.] "Indian tribe" means an Indian
tribe, band, nation, or other organized group or community of
Indians recognized as eligible for the services provided to
Indians by the secretary because of their status as Indians,
including any band under the Alaska Native Claims Settlement
Act, United States Code, title 43, section 1602, and exercising
tribal governmental powers. [257.351, subd. 9]
Subd. 13. [LOCAL SOCIAL SERVICE AGENCY.] "Local social
service agency" means the local agency under the authority of
the county welfare or human services board or county board of
commissioners which is responsible for human services.
[257.351, subd. 10]
Subd. 14. [PARENT.] "Parent" means the biological parent
of an Indian child, or any Indian person who has lawfully
adopted an Indian child, including a person who has adopted a
child by tribal law or custom. It does not include an unmarried
father whose paternity has not been acknowledged or established.
[257.351, subd. 11]
Subd. 15. [PERMANENCY PLANNING.] "Permanency planning"
means the systematic process of carrying out, within a short
time, a set of goal-oriented activities designed to help
children live in families that offer continuity of relationships
with nurturing parents or caretakers, and the opportunity to
establish lifetime relationships. [257.351, subd. 11a]
Subd. 16. [PLACEMENT PREVENTION AND FAMILY REUNIFICATION
SERVICES.] "Placement prevention and family reunification
services" means services designed to help children remain with
their families or to reunite children with their parents.
[257.351, subd. 11b]
Subd. 17. [PRIVATE CHILD-PLACING AGENCY.] "Private
child-placing agency" means a private organization, association,
or corporation providing assistance to children and parents in
their own homes and placing children in foster care or for
adoption. [257.351, subd. 12]
Subd. 18. [RESERVATION.] "Reservation" means Indian
country as defined in United States Code, title 18, section 1151
and any lands which are either held by the United States in
trust for the benefit of an Indian tribe or individual, or held
by an Indian tribe or individual subject to a restriction by the
United States against alienation. [257.351, subd. 13]
Subd. 19. [SECRETARY.] "Secretary" means the secretary of
the United States Department of the Interior. [257.351, subd.
14]
Subd. 20. [TRIBAL COURT.] "Tribal court" means a court
with federally recognized jurisdiction over child custody
proceedings which is either a court of Indian offenses, or a
court established and operated under the code or custom of an
Indian tribe, or the administrative body of a tribe which is
vested with authority over child custody proceedings. Except as
provided in section 260.771, subdivision 5, nothing in this
chapter shall be construed as conferring jurisdiction on an
Indian tribe. [257.351, subd. 15]
Subd. 21. [TRIBAL SOCIAL SERVICE AGENCY.] "Tribal social
service agency" means the unit under authority of the governing
body of the Indian tribe which is responsible for human
services. [257.351, subd. 16]
Subd. 22. [VOLUNTARY FOSTER CARE PLACEMENT.] "Voluntary
foster care placement" means a decision in which there has been
participation by a local social service agency or private
child-placing agency resulting in the temporary placement of an
Indian child away from the home of the child's parents or Indian
custodian in a foster home, institution, or the home of a
guardian, and the parent or Indian custodian may have the child
returned upon demand. [257.351, subd. 17]
Sec. 4. [260.761] [SOCIAL SERVICE AGENCY AND PRIVATE
LICENSED CHILD-PLACING AGENCY NOTICE TO TRIBES.]
Subdivision 1. [DETERMINATION OF INDIAN CHILD'S TRIBE.]
The local social service agency or private licensed
child-placing agency shall determine whether a child brought to
its attention for the purposes described in this section is an
Indian child and the identity of the Indian child's tribe.
[257.352, subd. 1]
Subd. 2. [AGENCY NOTICE OF POTENTIAL OUT-OF-HOME
PLACEMENT.] When a local social service agency or private
child-placing agency determines that an Indian child is in a
dependent or other condition that could lead to an out-of-home
placement and requires the continued involvement of the agency
with the child for a period in excess of 30 days, the agency
shall send notice of the condition and of the initial steps
taken to remedy it to the Indian child's tribal social service
agency within seven days of the determination. At this and any
subsequent stage of its involvement with an Indian child, the
agency shall, upon request, give the tribal social service
agency full cooperation including access to all files concerning
the child. If the files contain confidential or private data,
the agency may require execution of an agreement with the tribal
social service agency that the tribal social service agency
shall maintain the data according to statutory provisions
applicable to the data. This subdivision applies whenever the
court transfers legal custody of an Indian child under section
260B.198, subdivision 1, paragraph (c), clause (1), (2), or (3)
following an adjudication for a misdemeanor-level delinquent act.
[257.352, subd. 2]
Subd. 3. [NOTICE OF POTENTIAL PREADOPTIVE OR ADOPTIVE
PLACEMENT.] In any voluntary adoptive or preadoptive placement
proceeding in which a local social service agency, private
child-placing agency, petitioner in the adoption, or any other
party has reason to believe that a child who is the subject of
an adoptive or preadoptive placement proceeding is or may be an
"Indian child," as defined in section 260.755, subdivision 8,
and United States Code, title 25, section 1903(4), the agency or
person shall notify the Indian child's tribal social service
agency by registered mail with return receipt requested of the
pending proceeding and of the right of intervention under
subdivision 6. If the identity or location of the child's tribe
cannot be determined, the notice must be given to the United
States secretary of interior in like manner, who will have 15
days after receipt of the notice to provide the requisite notice
to the tribe. No preadoptive or adoptive placement proceeding
may be held until at least ten days after receipt of the notice
by the tribe or secretary. Upon request, the tribe must be
granted up to 20 additional days to prepare for the proceeding.
The agency or notifying party shall include in the notice the
identity of the birth parents and child absent written objection
by the birth parents. The private child-placing agency shall
inform the birth parents of the Indian child of any services
available to the Indian child through the child's tribal social
service agency, including child placement services, and shall
additionally provide the birth parents of the Indian child with
all information sent from the tribal social service agency in
response to the notice. [257.352, subd. 3]
Subd. 4. [UNKNOWN FATHER.] If the local social service
agency, private child-placing agency, the court, petitioner, or
any other party has reason to believe that a child who is the
subject of an adoptive placement proceeding is or may be an
Indian child but the father of the child is unknown and has not
registered with the fathers' adoption registry pursuant to
section 259.52, the agency or person shall provide to the tribe
believed to be the Indian child's tribe information sufficient
to enable the tribe to determine the child's eligibility for
membership in the tribe, including, but not limited to, the
legal and maiden name of the birth mother, her date of birth,
the names and dates of birth of her parents and grandparents,
and, if available, information pertaining to the possible
identity, tribal affiliation, or location of the birth father.
[257.352, subd. 3a]
Subd. 5. [PROOF OF SERVICE OF NOTICE UPON TRIBE OR
SECRETARY.] In cases where an agency or party to an adoptive
placement knows or has reason to believe that a child is or may
be an Indian child, proof of service upon the child's tribe or
the secretary of interior must be filed with the adoption
petition. [257.352, subd. 3b]
Subd. 6. [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any
state court proceeding for the voluntary adoptive or preadoptive
placement of an Indian child, the Indian child's tribe shall
have a right to intervene at any point in the proceeding.
[257.352, subd. 3c]
Subd. 7. [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any
agency considering placement of an Indian child shall make
reasonable efforts to identify and locate extended family
members. [257.352, subd. 4]
Sec. 5. [260.765] [VOLUNTARY FOSTER CARE PLACEMENT.]
Subdivision 1. [DETERMINATION OF INDIAN CHILD'S TRIBE.]
The local social service agency or private licensed
child-placing agency shall determine whether a child brought to
its attention for the purposes described in this section is an
Indian child and the identity of the Indian child's tribe.
[257.353, subd. 1]
Subd. 2. [NOTICE.] When an Indian child is voluntarily
placed in foster care, the local social service agency involved
in the decision to place the child shall give notice of the
placement to the child's parents, tribal social service agency,
and the Indian custodian within seven days of placement,
excluding weekends and holidays.
If a private licensed child-placing agency makes a
temporary voluntary foster care placement pending a decision on
adoption by a parent, notice of the placement shall be given to
the child's parents, tribal social service agency, and the
Indian custodian upon the filing of a petition for termination
of parental rights or three months following the temporary
placement, whichever occurs first.
At this and any subsequent stage of its involvement with an
Indian child, the agency shall, upon request, give the tribal
social service agency full cooperation including access to all
files concerning the child. If the files contain confidential
or private data, the agency may require execution of an
agreement with the tribal social service agency that the tribal
social service agency shall maintain the data according to
statutory provisions applicable to the data. [257.353, subd. 2]
Subd. 3. [NOTICE OF ADMINISTRATIVE REVIEW.] In an
administrative review of a voluntary foster care placement, the
tribal social service agency of the child, the Indian custodian,
and the parents of the child shall have notice and a right of
participation in the review. [257.353, subd. 3]
Subd. 4. [RETURN OF CHILD IN VOLUNTARY PLACEMENT.] Upon
demand by the parent or Indian custodian of an Indian child, the
local social service agency or private licensed child-placing
agency shall return the child in voluntary foster care placement
to the parent or Indian custodian within 24 hours of the receipt
of the demand. If the request for return does not satisfy the
requirement of section 260.755, subdivision 5, the local social
service agency or private child-placing agency shall immediately
inform the parent or Indian custodian of the Indian child of the
requirement. [257.353, subd. 4]
Subd. 5. [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any
agency considering placement of an Indian child shall make
reasonable efforts to identify and locate extended family
members. [257.353, subd. 5]
Sec. 6. [260.771] [CHILD PLACEMENT PROCEEDINGS.]
Subdivision 1. [INDIAN TRIBE JURISDICTION.] An Indian
tribe with a tribal court has exclusive jurisdiction over a
child placement proceeding involving an Indian child who resides
within the reservation of such tribe at the commencement of the
proceedings. When an Indian child is in the legal custody of a
person or agency pursuant to an order of a tribal court, the
Indian tribe retains exclusive jurisdiction, notwithstanding the
residence or domicile of the child. [257.354, subd. 1]
Subd. 2. [COURT DETERMINATION OF TRIBAL AFFILIATION OF
CHILD.] In any child placement proceeding, the court shall
establish whether an Indian child is involved and the identity
of the Indian child's tribe. [257.354, subd. 2]
Subd. 3. [TRANSFER OF PROCEEDINGS.] In a proceeding for
the termination of parental rights or involuntary foster care
placement of an Indian child not within the jurisdiction of
subdivision 1, the court, in the absence of good cause to the
contrary, shall transfer the proceeding to the jurisdiction of
the tribe absent objection by either parent, upon the petition
of either parent or the Indian custodian or the Indian child's
tribe. The transfer shall be subject to declination by the
tribal court of such tribe. [257.354, subd. 3]
Subd. 4. [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the
extent that any child subject to sections 260.755 to 260.835 is
otherwise eligible for social services, orders of a tribal court
concerning placement of such child shall have the same force and
effect as orders of a court of this state. In any case where
the tribal court orders placement through a local social service
agency, the court shall provide to the local agency notice and
an opportunity to be heard regarding the placement.
Determination of county of financial responsibility for the
placement shall be determined by the local social service agency
in accordance with section 256G.02, subdivision 4. Disputes
concerning the county of financial responsibility shall be
settled in the manner prescribed in section 256G.09. [257.354,
subd. 4]
Subd. 5. [INDIAN TRIBE AGREEMENTS.] The commissioner is
hereby authorized to enter into agreements with Indian tribes
pursuant to United States Code, title 25, section 1919,
respecting care and custody of Indian children and jurisdiction
over child custody proceedings, including agreements which may
provide for orderly transfer of jurisdiction on a case-by-case
basis and agreements which provide for concurrent jurisdiction
between the state and an Indian tribe. [257.354, subd. 5]
Sec. 7. [260.775] [PLACEMENT RECORDS.]
The commissioner of human services shall publish annually
an inventory of all Indian children in residential facilities.
The inventory shall include, by county and statewide,
information on legal status, living arrangement, age, sex, tribe
in which the child is a member or eligible for membership,
accumulated length of time in foster care, and other demographic
information deemed appropriate concerning all Indian children in
residential facilities. The report must also state the extent
to which authorized child-placing agencies comply with the order
of preference described in United States Code, title 25, section
1901, et seq. [257.355]
Sec. 8. [260.781] [RECORDS; INFORMATION AVAILABILITY.]
Subdivision 1. [COURT DECREE INFORMATION.] A state court
entering a final decree or order in an Indian child adoptive
placement shall provide the department of human services and the
child's tribal social service agency with a copy of the decree
or order together with such other information to show:
(1) the name and tribal affiliation of the child;
(2) the names and addresses of the biological parents;
(3) the names and addresses of the adoptive parents; and
(4) the identity of any agency having files or information
relating to the adoptive placement.
If the court records contain an affidavit of the biological
or adoptive parent or parents requesting anonymity, the court
shall delete the name and address of the biological or adoptive
parents from the information sent to the child's tribal social
service agency. [257.356, subd. 1]
Subd. 2. [DISCLOSURE OF RECORDS.] Upon the request of an
adopted Indian person over the age of 18, the adoptive or foster
parents of an Indian person, or an Indian tribal social service
agency, the department of human services shall disclose to the
Indian person's tribe information necessary for membership of an
Indian person in the tribe in which the person may be eligible
for membership or for determining any rights or benefits
associated with that membership. When the documents relating to
the person contain an affidavit from the biological or adoptive
parent or parents requesting anonymity, the department must use
the procedures described in United States Code, title 25,
section 1951, paragraph (b). [257.356, subd. 2]
Sec. 9. [260.785] [INDIAN CHILD WELFARE GRANTS.]
Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner
shall establish direct grants to Indian tribes, Indian
organizations, and tribal social service agency programs located
off-reservation that serve Indian children and their families to
provide primary support for Indian child welfare programs to
implement the Indian Family Preservation Act. [257.3571, subd.
1]
Subd. 2. [SPECIAL FOCUS GRANTS.] The commissioner shall
establish direct grants to local social service agencies,
tribes, Indian organizations, and other organizations for
placement prevention and family reunification services for
Indian children. [257.3571, subd. 2]
Subd. 3. [COMPLIANCE GRANTS.] The commissioner shall
establish direct grants to an Indian child welfare defense
corporation, as defined in section 611.216, subdivision 1a, to
promote statewide compliance with the Indian family preservation
act and the Indian Child Welfare Act, United States Code, title
25, section 1901 et seq. The commissioner shall give priority
consideration to applicants with demonstrated capability of
providing legal advocacy services statewide. [257.3571, subd.
2a]
Subd. 4. [REQUEST FOR PROPOSALS.] The commissioner shall
request proposals for grants under subdivisions 1, 2, and 2a,
and specify the information and criteria required. [257.3571,
subd. 3]
Sec. 10. [260.791] [GRANT APPLICATIONS.]
A tribe, Indian organization, or tribal social service
agency program located off-reservation may apply for primary
support grants under section 260.785, subdivision 1. A local
social service agency, tribe, Indian organization, or other
social service organization may apply for special focus grants
under section 260.785, subdivision 2. Civil legal service
organizations eligible for grants under section 257.3571,
subdivision 2a, may apply for grants under that section.
Application may be made alone or in combination with other
tribes or Indian organizations. [257.3572]
Sec. 11. [260.795] [ELIGIBLE SERVICES.]
Subdivision 1. [TYPES OF SERVICES.] (a) Eligible Indian
child welfare services provided under primary support grants
include:
(1) placement prevention and reunification services;
(2) family-based services;
(3) individual and family counseling;
(4) access to professional individual, group, and family
counseling;
(5) crisis intervention and crisis counseling;
(6) development of foster and adoptive placement resources,
including recruitment, licensing, and support;
(7) court advocacy;
(8) training and consultation to county and private social
service agencies regarding the Indian Child Welfare Act and the
Minnesota Indian Family Preservation Act;
(9) advocacy in working with the county and private social
service agencies, and activities to help provide access to
agency services, including but not limited to 24-hour caretaker
and homemaker services, day care, emergency shelter care up to
30 days in 12 months, access to emergency financial assistance,
and arrangements to provide temporary respite care to a family
for up to 72 hours consecutively or 30 days in 12 months;
(10) transportation services to the child and parents to
prevent placement or reunite the family; and
(11) other activities and services approved by the
commissioner that further the goals of the Indian Child Welfare
Act and the Indian Family Preservation Act, including but not
limited to recruitment of Indian staff for local social service
agencies and licensed child-placing agencies. The commissioner
may specify the priority of an activity and service based on its
success in furthering these goals.
(b) Eligible services provided under special focus grants
include;
(1) permanency planning activities that meet the special
needs of Indian families;
(2) teenage pregnancy;
(3) independent living skills;
(4) family and community involvement strategies to combat
child abuse and chronic neglect of children;
(5) coordinated child welfare and mental health services to
Indian families;
(6) innovative approaches to assist Indian youth to
establish better self-image, decrease isolation, and decrease
the suicide rate;
(7) expanding or improving services by packaging and
disseminating information on successful approaches or by
implementing models in Indian communities relating to the
development or enhancement of social structures that increase
family self-reliance and links with existing community
resources;
(8) family retrieval services to help adopted individuals
reestablish legal affiliation with the Indian tribe; and
(9) other activities and services approved by the
commissioner that further the goals of the Indian Child Welfare
Act and the Indian Family Preservation Act. The commissioner
may specify the priority of an activity and service based on its
success in furthering these goals.
(c) The commissioner shall give preference to programs that
use Indian staff, contract with Indian organizations or tribes,
or whose application is a joint effort between the Indian and
non-Indian community to achieve the goals of the Indian Child
Welfare Act and the Minnesota Indian Family Preservation Act.
Programs must have input and support from the Indian community.
[257.3573, subd. 1]
Subd. 2. [INAPPROPRIATE EXPENDITURES.] Indian child
welfare grant money must not be used for:
(1) child day care necessary solely because of employment
or training for employment of a parent or other relative with
whom the child is living;
(2) foster care maintenance or difficulty of care payments;
(3) residential facility payments;
(4) adoption assistance payments;
(5) public assistance payments for aid to families with
dependent children, Minnesota family investment
program-statewide, supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145A.01 to 145A.14; or
(6) administrative costs for income maintenance staff.
[257.3573, subd. 2]
Subd. 3. [REVENUE ENHANCEMENT.] The commissioner shall
submit claims for federal reimbursement earned through the
activities and services supported through Indian child welfare
grants. The commissioner may set aside a portion of the federal
funds earned under this subdivision to establish and support a
new Indian child welfare position in the department of human
services to provide program development. The commissioner shall
use any federal revenue not set aside to expand services under
section 260.785. The federal revenue earned under this
subdivision is available for these purposes until the funds are
expended. [257.3573, subd. 3]
Sec. 12. [260.805] [CONTINUED LEGAL RESPONSIBILITY OF
LOCAL SOCIAL SERVICE AGENCIES.]
The legal responsibility of local social service agencies
to provide Indian child welfare services continues, and existing
services must not be reduced because of the availability of
these funds. [257.3574]
Sec. 13. [260.810] [PAYMENTS; REQUIRED REPORTS.]
Subdivision 1. [PAYMENTS.] The commissioner shall make
grant payments to each approved program in four quarterly
installments a year. The commissioner may certify an advance
payment for the first quarter of the state fiscal year. Later
payments must be made upon receipt by the state of a quarterly
report on finances and program activities. [257.3575, subd. 1]
Subd. 2. [QUARTERLY REPORT.] The commissioner shall
specify requirements for reports, including quarterly fiscal
reports, according to section 256.01, subdivision 2, paragraph
(17). Each quarter, an approved program receiving an Indian
child welfare grant shall submit a report to the commissioner
that includes:
(1) a detailed accounting of grant money expended during
the preceding quarter, specifying expenditures by line item and
year to date; and
(2) a description of Indian child welfare activities
conducted during the preceding quarter, including the number of
clients served and the type of services provided.
The quarterly reports must be submitted no later than 30
days after the end of each quarter of the state fiscal year.
[257.3575, subd. 2]
Subd. 3. [FINAL REPORT.] A final evaluation report must be
submitted by each approved program. It must include client
outcomes, cost and effectiveness in meeting the goals of the
Indian Family Preservation Act and permanency planning goals.
[257.3575, subd. 3]
Sec. 14. [260.815] [MONITORING AND EVALUATION.]
The commissioner shall design and implement methods for
monitoring the delivery and evaluating the effectiveness of
Indian child welfare services funded through these grants.
[257.3576]
Sec. 15. [260.821] [GRANT FORMULA.]
Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount
available for grants established under section 260.785,
subdivision 1, to tribes, Indian organizations, and tribal
social service agency programs located off-reservation is
four-fifths of the total annual appropriation for Indian child
welfare grants.
(b) The commissioner shall award tribes at least 70 percent
of the amount set in paragraph (a) for primary support grants.
Each tribe shall be awarded a base amount of five percent of the
total amount set in this paragraph. In addition, each tribe
shall be allocated a proportion of the balance of the amount set
in this paragraph, less the total base amounts for all
reservations. This proportion must equal the ratio of the
tribe's on-reservation population to the state's total
on-reservation population. Population data must be based on the
most recent federal census data according to the state
demographer's office.
(c) The commissioner shall award Indian organizations and
tribal social service agency programs located off-reservation
that serve Indian children and families up to 30 percent of the
amount set in paragraph (a) for primary support grants. A
maximum of four multiservice Indian organizations and tribal
social service agency programs located off-reservation may be
awarded grants under this paragraph. "Multiservice Indian
organizations" means Indian organizations recognized by the
Indian community as providing a broad continuum of social,
educational, or cultural services, including Indian child
welfare services designed to meet the unique needs of the Indian
communities in Minneapolis, St. Paul, and Duluth. Grants may be
awarded to programs that submit acceptable proposals, comply
with the goals and the application process of the program, and
have budgets that reflect appropriate and efficient use of funds.
To maintain continuity of service in Indian communities, primary
support grants awarded under this paragraph which meet the grant
criteria and have demonstrated satisfactory performance as
established by the commissioner may be awarded on a
noncompetitive basis. The commissioner may revoke or deny
funding for Indian organizations or tribal social service
agencies failing to meet the grant criteria established by the
commissioner, and the commissioner may request new proposals
from Indian organizations or tribal social service agencies to
the extent that funding is available. [257.3577, subd. 1]
Subd. 2. [SPECIAL FOCUS GRANTS.] The amount available for
grants established under section 260.785, subdivision 2, for
local social service agencies, tribes, Indian organizations, and
other social services organizations is one-fifth of the total
annual appropriation for Indian child welfare grants. The
maximum award under this subdivision is $100,000 a year for
programs approved by the commissioner. [257.3577, subd. 2]
Sec. 16. [260.831] [UNDISTRIBUTED FUNDS.]
Undistributed funds must be reallocated by the department
of human services to any other grant categories established
under section 260.785, subdivision 1 or 2, for the goals of this
grant process. Undistributed funds are available until
expended. [257.3578]
Sec. 17. [260.835] [AMERICAN INDIAN CHILD WELFARE ADVISORY
COUNCIL.]
The commissioner shall appoint an American Indian advisory
council to help formulate policies and procedures relating to
Indian child welfare services and to make recommendations
regarding approval of grants provided under section 260.785,
subdivisions 1, 2, and 3. The council shall consist of 17
members appointed by the commissioner and must include
representatives of each of the 11 Minnesota reservations who are
authorized by tribal resolution, one representative from the
Duluth Urban Indian Community, three representatives from the
Minneapolis Urban Indian Community, and two representatives from
the St. Paul Urban Indian Community. Representatives from the
urban Indian communities must be selected through an open
appointments process under section 15.0597. The terms,
compensation, and removal of American Indian child welfare
advisory council members shall be as provided in section 15.059.
[257.3579]
Sec. 18. [260.851] [INTERSTATE COMPACT ON THE PLACEMENT OF
CHILDREN.]
The interstate compact on the placement of children is
hereby enacted into law and entered into with all other
jurisdictions legally joining therein in form substantially as
follows:
ARTICLE 1
PURPOSE AND POLICY
It is the purpose and policy of the party states to
cooperate with each other in the interstate placement of
children to the end that:
(a) Each child requiring placement shall receive the
maximum opportunity to be placed in a suitable environment and
with persons or institutions having appropriate qualifications
and facilities to provide a necessary and desirable degree and
type of care.
(b) The appropriate authorities in a state where a child is
to be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting full
compliance with applicable requirements for the protection of
the child.
(c) The proper authorities of the state from which the
placement is made may obtain the most complete information on
the basis on which to evaluate a projected placement before it
is made.
(d) Appropriate jurisdictional arrangements for the care of
children will be promoted. [257.40]
ARTICLE 2
DEFINITIONS
As used in this compact:
(a) "Child" means a person who, by reason of minority, is
legally subject to parental, guardianship or similar control.
(b) "Sending agency" means a party state, officer or
employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person,
corporation, association, charitable agency or other entity
which sends, brings, or causes to be sent or brought any child
to another party state.
(c) "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought, whether by
public authorities or private persons or agencies, and whether
for placement with state or local public authorities or for
placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of a
child in a family free or boarding home or in a child-caring
agency or institution but does not include any institution
caring for the mentally ill, mentally defective or persons
having epilepsy or any institution primarily educational in
character, and any hospital or other medical facility. [257.40]
ARTICLE 3
CONDITIONS FOR PLACEMENT
(a) No sending agency shall send, bring, or cause to be
sent or brought into any other party state any child for
placement in foster care or as a preliminary to a possible
adoption unless the sending agency shall comply with each and
every requirement set forth in this article and with the
applicable laws of the receiving state governing the placement
of children therein.
(b) Prior to sending, bringing or causing any child to be
sent or brought into a receiving state for placement in foster
care or as a preliminary to a possible adoption, the sending
agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring,
or place the child in the receiving state. The notice shall
contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or
legal guardian.
(3) The name and address of the person, agency or
institution to or with which the sending agency proposes to
send, bring, or place the child.
(4) A full statement of the reasons for such proposed
action and evidence of the authority pursuant to which the
placement is proposed to be made.
(c) Any public officer or agency in a receiving state which
is in receipt of a notice pursuant to paragraph (b) of this
article may request of the sending agency, or any other
appropriate officer or agency of or in the sending agency's
state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary
under the circumstances to carry out the purpose and policy of
this compact.
(d) The child shall not be sent, brought, or caused to be
sent or brought into the receiving state until the appropriate
public authorities in the receiving state shall notify the
sending agency, in writing, to the effect that the proposed
placement does not appear to be contrary to the interests of the
child. [257.40]
ARTICLE 4
PENALTY FOR ILLEGAL PLACEMENT
The sending, bringing, or causing to be sent or brought
into any receiving state of a child in violation of the terms of
this compact shall constitute a violation of the laws respecting
the placement of children of both the state in which the sending
agency is located or from which it sends or brings the child and
of the receiving state. Such violation may be punished or
subjected to penalty in either jurisdiction in accordance with
its laws. In addition to liability for any such punishment or
penalty, any such violation shall constitute full and sufficient
grounds for the suspension or revocation of any license, permit,
or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children. [257.40]
ARTICLE 5
RETENTION OF JURISDICTION
(a) The sending agency shall retain jurisdiction over the
child sufficient to determine all matters in relation to the
custody, supervision, care, treatment and disposition of the
child which it would have had if the child had remained in the
sending agency's state, until the child is adopted, reaches
majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving
state. Such jurisdiction shall also include the power to effect
or cause the return of the child or its transfer to another
location and custody pursuant to law. The sending agency shall
continue to have financial responsibility for support and
maintenance of the child during the period of the placement.
Nothing contained herein shall defeat a claim of jurisdiction by
a receiving state sufficient to deal with an act of delinquency
or crime committed therein.
(b) When the sending agency is a public agency, it may
enter into an agreement with an authorized public or private
agency in the receiving state providing for the performance of
one or more services in respect of such case by the latter as
agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent a
private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in
that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from
discharging financial responsibility for the support and
maintenance of a child who has been placed on behalf of the
sending agency without relieving the responsibility set forth in
paragraph (a) hereof. [257.40]
ARTICLE 6
INSTITUTIONAL CARE OF DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an
institution in another party jurisdiction pursuant to this
compact but no such placement shall be made unless the child is
given a court hearing on notice to the parent or guardian with
opportunity to be heard, prior to his being sent to such other
party jurisdiction for institutional care and the court finds
that:
1. Equivalent facilities for the child are not available
in the sending agency's jurisdiction; and
2. Institutional care in the other jurisdiction is in the
best interest of the child and will not produce undue hardship.
[257.40]
ARTICLE 7
COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this
compact shall designate an officer who shall be general
coordinator of activities under this compact in his jurisdiction
and who, acting jointly with like officers of other party
jurisdictions, shall have power to promulgate rules and
regulations to carry out more effectively the terms and
provisions of this compact. [257.40]
ARTICLE 8
LIMITATIONS
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving
state by his parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the
child with any such relative or nonagency guardian in the
receiving state.
(b) Any placement, sending or bringing of a child into a
receiving state pursuant to any other interstate compact to
which both the state from which the child is sent or brought and
the receiving state are party, or to any other agreement between
said states which has the force of law. [257.40]
ARTICLE 9
ENACTMENT AND WITHDRAWAL
This compact shall be open to joinder by any state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and, with the consent
of Congress, the Government of Canada or any province thereof.
It shall become effective with respect to any such jurisdiction
when such jurisdiction has enacted the same into law.
Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until two
years after the effective date of such statute and until written
notice of the withdrawal has been given by the withdrawing state
to the Governor of each other party jurisdiction. Withdrawal of
a party state shall not affect the rights, duties and
obligations under this compact of any sending agency therein
with respect to a placement made prior to the effective date of
withdrawal. [257.40]
ARTICLE 10
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed
to effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause, sentence
or provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
[257.40]
Section 19. [260.855] [FINANCIAL RESPONSIBILITY.]
Financial responsibility for any child placed pursuant to
the provisions of the interstate compact on the placement of
children shall be determined in accordance with the provisions
of article 5 thereof in the first instance. However, in the
event of partial or complete default of performance thereunder,
the provisions of sections 518C.101 to 518C.902 also may be
invoked. [257.41]
Sec. 20. [260.861] [APPROPRIATE PUBLIC AUTHORITY DEFINED.]
The "appropriate public authorities" as used in article 3
of the Interstate Compact on the Placement of Children shall,
with reference to this state, mean the commissioner of human
services. The commissioner of human services or the
commissioner's delegate shall receive and act with reference to
notices required by said article 3. [257.42]
Sec. 21. [260.865] [APPROPRIATE AUTHORITY IN RECEIVING
STATE DEFINED.]
As used in paragraph (a) of article 5 of the Interstate
Compact on the Placement of Children, the phrase "appropriate
authority in the receiving state" with reference to this state
shall mean the commissioner of human services or the
commissioner's delegate. [257.43]
Sec. 22. [260.871] [AGREEMENTS.]
The officers and agencies of this state and its
subdivisions having authority to place children are hereby
empowered to enter into agreements with appropriate officers or
agencies of or in other party states pursuant to paragraph (b)
of article 5 of the interstate compact on the placement of
children. Any such agreement which contains a financial
commitment or imposes a financial obligation on this state or
subdivision or agency thereof shall not be binding unless it has
the approval in writing of the commissioner of human services in
the case of the state and of the chief local fiscal officer in
the case of a subdivision of the state. [257.44]
Sec. 23. [260.875] [REQUIREMENTS FOR VISITATION;
SUPERVISION.]
Any requirements for visitation, inspection or supervision
of children, homes, institutions or other agencies in another
party state which may apply under section 260C.212 shall be
deemed to be met if performed pursuant to an agreement entered
into by appropriate officers or agencies of this state or a
subdivision thereof as contemplated by paragraph (b) of article
5 of the interstate compact on the placement of children.
[257.45]
Sec. 24. [260.881] [CERTAIN LAWS NOT APPLICABLE.]
The provisions of section 257.06 shall not apply to
placements made pursuant to the interstate compact on the
placement of children. [257.46]
Sec. 25. [260.885] [COURT JURISDICTION RETAINED.]
Any court having jurisdiction to place delinquent children
may place such a child in an institution or in another state
pursuant to article 6 of the interstate compact on the placement
of children and shall retain jurisdiction as provided in article
5 thereof. [257.47]
Sec. 26. [260.91] [EXECUTIVE HEAD DEFINED.]
As used in article 7 of the interstate compact on the
placement of children, the term "executive head" means the
governor. The governor is hereby authorized to appoint a
compact administrator in accordance with the terms of said
article 7. [257.48]
ARTICLE 2
DELINQUENCY PROVISIONS
Section 1. [260B.001] [TITLE, INTENT, AND CONSTRUCTION.]
Subdivision 1. [CITATION.] Sections 260B.001 to 260B.446
may be cited as the delinquency provisions of the Juvenile Court
Act. [260.011, subd. 1]
Subd. 2. [DELINQUENCY.] 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.
[260.011, subd. 2(c)]
Subd. 3. [CONSTRUCTION.] The laws relating to juvenile
courts shall be liberally construed to carry out the purpose
specified in subdivision 2. [260.011, subd. 2(d)]
Sec. 2. [260B.005] [SCOPE OF VICTIM RIGHTS.]
The rights granted to victims of crime in sections 611A.01
to 611A.06 are applicable to adult criminal cases, juvenile
delinquency proceedings, juvenile traffic proceedings involving
driving under the influence of alcohol or drugs, and proceedings
involving any other act committed by a juvenile that would be a
crime as defined in section 609.02, if committed by an adult.
[260.013]
Sec. 3. [260B.007] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in this chapter, the terms
defined in this section have the same meanings given to them.
[260.015, subd. 1]
Subd. 2. [AGENCY.] "Agency" means the local social service
agency or a licensed child-placing agency. [260.015, subd. 1a]
Subd. 3. [CHILD.] "Child" means an individual under 18
years of age and includes any minor alleged to have been
delinquent or a juvenile traffic offender prior to having become
18 years of age. [260.015, subd. 2]
Subd. 4. [CHILD-PLACING AGENCY.] "Child-placing agency"
means anyone licensed under sections 245A.01 to 245A.16 and
252.28, subdivision 2. [260.015, subd. 3]
Subd. 5. [COURT.] "Court" means juvenile court unless
otherwise specified in this section. [260.015, subd. 4]
Subd. 6. [DELINQUENT CHILD.] (a) Except as otherwise
provided in paragraph (b), "delinquent child" means a child:
(1) who has violated any state or local law, except as
provided in section 260B.225, subdivision 1, and except for
juvenile offenders as described in subdivisions 19 to 23;
(2) who has violated a federal law or a law of another
state and whose case has been referred to the juvenile court if
the violation would be an act of delinquency if committed in
this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile
correctional facility after being committed to the custody of
the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile
correctional facility after being committed to the facility by
the court.
(b) The term delinquent child does not include a child
alleged to have committed murder in the first degree after
becoming 16 years of age, but the term delinquent child does
include a child alleged to have committed attempted murder in
the first degree. [260.015, subd. 5]
Subd. 7. [FOSTER CARE.] "Foster care" means the 24 hour a
day care of a child in any facility which for gain or otherwise
regularly provides one or more children, when unaccompanied by
their parents, with a substitute for the care, food, lodging,
training, education, supervision or treatment they need but
which for any reason cannot be furnished by their parents or
legal guardians in their homes. [260.015, subd. 7]
Subd. 8. [LEGAL CUSTODY.] "Legal custody" means the right
to the care, custody, and control of a child who has been taken
from a parent by the court in accordance with the provisions of
sections 260B.198 and 260B.235. The expenses of legal custody
are paid in accordance with the provisions of section 260B.331.
[260.015, subd. 8 (omitting child protection-related text)]
Subd. 9. [MINOR.] "Minor" means an individual under 18
years of age. [260.015, subd. 9]
Subd. 10. [PARENT.] "Parent" means the birth or adoptive
parent of a minor. For an Indian child, parent includes any
Indian person who has adopted a child by tribal law or custom,
as provided in section 260.755, subdivision 14. [260.015, subd.
11]
Subd. 11. [PERSON.] "Person" includes any individual,
association, corporation, partnership, and the state or any of
its political subdivisions, departments, or agencies. [260.015,
subd. 12]
Subd. 12. [RELATIVE.] "Relative" means a parent,
stepparent, grandparent, brother, sister, uncle, or aunt of the
minor. This relationship may be by blood or marriage. For an
Indian child, relative includes members of the extended family
as defined by the law or custom of the Indian child's tribe or,
in the absence of laws or custom, nieces, nephews, or first or
second cousins, as provided in the Indian Child Welfare Act of
1978, United States Code, title 25, section 1903. [260.015,
subd. 13]
Subd. 13. [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 260.755, subdivision 11.
[260.015, subd. 14]
Subd. 14. [SECURE DETENTION FACILITY.] "Secure detention
facility" means a physically restricting facility, including but
not limited to a jail, a hospital, a state institution, a
residential treatment center, or a detention home used for the
temporary care of a child pending court action. [260.015, subd.
16]
Subd. 15. [SHELTER CARE FACILITY.] "Shelter care facility"
means a physically unrestricting facility, such as, but not
limited to, a hospital, a group home, or a licensed facility for
foster care, used for the temporary care of a child pending
court action. [260.015, subd. 17]
Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
alcohol offense, a juvenile controlled substance offense, a
violation of section 609.685, or a violation of a local
ordinance, 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.
(b) Except as otherwise provided in paragraph (c),
"juvenile petty offense" also includes an offense that would be
a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the
following:
(1) a misdemeanor-level violation of section 588.20,
609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23;
(2) a major traffic offense or an adult court traffic
offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom
the juvenile court previously has found to have committed a
misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom
the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on
the petition as a juvenile petty offender notwithstanding this
prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense
that would have been a juvenile petty offense if it had been
committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a
"juvenile petty offender." [260.015, subd. 21]
Subd. 17. [JUVENILE ALCOHOL OFFENSE.] "Juvenile alcohol
offense" means a violation by a child of any provision of
section 340A.503 or an equivalent local ordinance. [260.015,
subd. 22]
Subd. 18. [JUVENILE CONTROLLED SUBSTANCE OFFENSE.]
"Juvenile controlled substance offense" means a violation by a
child of section 152.027, subdivision 4, with respect to a small
amount of marijuana or an equivalent local ordinance. [260.015,
subd. 23]
Subd. 19. [INDIAN.] "Indian," consistent with section
260.755, subdivision 7, means a person who is a member of an
Indian tribe or who is an Alaskan native and a member of a
regional corporation as defined in section 7 of the Alaska
Native Claims Settlement Act, United States Code, title 43,
section 1606. [260.015, subd. 26]
Subd. 20. [INDIAN CHILD.] "Indian child," consistent with
section 257.755, subdivision 8, means an unmarried person who is
under age 18 and is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian tribe. [260.015,
subd. 27]
Sec. 4. [260B.050] [EXPERT ASSISTANCE.]
In any county the court may provide for the physical and
mental diagnosis of cases of minors who are believed to be
physically handicapped, mentally ill, or mentally retarded, and
for such purpose may appoint professionally qualified persons,
whose compensation shall be fixed by the judge with the approval
of the county board. [260.092]
Sec. 5. [260B.060] [COUNTY HOME SCHOOLS.]
In any county or group of counties the county boards may
purchase, lease, erect, equip, and maintain a county home school
for boys and girls, or a separate home school for boys and a
separate home school for girls. The juvenile court may transfer
legal custody of a delinquent child to the home school in the
manner provided in section 260B.198. The county home school
may, with the approval of the district court judges in counties
now or hereafter having a population of more than 200,000, or of
the juvenile court judges in all other counties, be a separate
institution, or it may be established and operated in connection
with any other organized charitable or educational institution.
However, the plans, location, equipment, and operation of the
county home school shall in all cases have the approval of the
said judges. There shall be a superintendent or matron, or
both, for such school, who shall be appointed and removed by the
said judges. The salaries of the superintendent, matron, and
other employees shall be fixed by the said judges, subject to
the approval of the county board. The county board of each
county to which this section applies is hereby authorized,
empowered, and required to provide the necessary funds to make
all needful appropriations to carry out the provisions of this
section. The board of education, commissioner of children,
families, and learning, or other persons having charge of the
public schools in any city of the first or second class in a
county where a county home school is maintained pursuant to the
provisions of this section may furnish all necessary
instructors, school books, and school supplies for the boys and
girls placed in any such home school. [260.094]
Sec. 6. [260B.070] [EXISTING HOME SCHOOLS CONTINUED.]
All juvenile detention homes, farms, and industrial schools
heretofore established under the provisions of Laws 1905,
chapter 285, section 5, as amended by Laws 1907, chapter 172,
and Laws 1911, chapter 353, or Laws 1913, chapter 83, Laws 1915,
chapter 228, or Laws 1917, chapter 317, as amended, are hereby
declared to be county home schools within the meaning of
sections 260B.001 to 260B.421 and all the provisions of those
sections relating to county home schools shall apply thereto.
[260.096]
Sec. 7. [260B.080] [DETENTION HOMES.]
In any county or group of counties the county boards may
purchase, lease, erect, equip, and maintain a detention home for
boys and girls, or a separate detention home for boys and girls,
or a separate detention home for boys or a separate detention
home for girls. The detention home may, with the approval of
the district court judges in counties now or hereafter having a
population of more than 200,000 or of the juvenile court judges
in all other counties be a separate institution, or it may be
established and operated in connection with a county home school
or any organized charitable or educational institution.
However, the plans, location, equipment, and operation of the
detention home shall in all cases have the approval of the
judges. Necessary staff shall be appointed and removed by the
judges. The salaries of the staff shall be fixed by the judges,
subject to the approval of the county boards. The county board
of each county to which this section applies shall provide the
necessary funds to carry out the provisions of this section.
[260.101]
Sec. 8. [260B.101] [JURISDICTION.]
Subdivision 1. [CHILDREN WHO ARE DELINQUENT.] Except as
provided in sections 260B.125 and 260B.225, 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, and in proceedings
concerning any minor alleged to have been a delinquent, a
juvenile petty 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.
[260.111, subd. 1 (omitting child protection-related text)]
Subd. 2. [NO JUVENILE COURT JURISDICTION OVER CERTAIN
OFFENDERS.] Notwithstanding any other law to the contrary, the
juvenile court lacks jurisdiction over proceedings concerning a
child excluded from the definition of delinquent child under
section 260B.007, subdivision 6, paragraph (b). The district
court has original and exclusive jurisdiction in criminal
proceedings concerning a child excluded from the definition of
delinquent child under section 260B.007, subdivision 6,
paragraph (b). [260.111, subd. 1a]
Subd. 3. [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 260B.151 or
260B.152, or the right to participate under section 260B.163.
[260.111, subd. 4 (omitting child protection-related text)]
Sec. 9. [260B.103] [TRANSFERS FROM OTHER COURTS.]
Subdivision 1. [TRANSFERS REQUIRED.] Except where a
juvenile court has certified an alleged violation in accordance
with the provisions of section 260B.125, the child is alleged to
have committed murder in the first degree after becoming 16
years of age, or a court has original jurisdiction of a child
who has committed an adult court traffic offense, as defined in
section 260B.225, subdivision 1, clause (c), a court other than
a juvenile court shall immediately transfer to the juvenile
court of the county the case of a minor who appears before the
court on a charge of violating any state or local law or
ordinance and who is under 18 years of age or who was under 18
years of age at the time of the commission of the alleged
offense. [260.115, subd. 1]
Subd. 2. [CERTIFICATE.] The court transfers the case by
filing with the judge or court administrator of juvenile court a
certificate showing the name, age, and residence of the minor,
the names and addresses of the minor's parent or guardian, if
known, and the reasons for appearance in court, together with
all the papers, documents, and testimony connected therewith.
The certificate has the effect of a petition filed in the
juvenile court, unless the judge of the juvenile court directs
the filing of a new petition, which shall supersede the
certificate of transfer. [260.115, subd. 2]
Subd. 3. [ORDER TO BE TAKEN.] The transferring court shall
order the minor to be taken immediately to the juvenile court
and in no event shall detain the minor for longer than 48 hours
after the appearance of the minor in the transferring court.
The transferring court may release the minor to the custody of a
parent, guardian, custodian, or other person designated by the
court on the condition that the minor will appear in juvenile
court as directed. The transferring court may require the
person given custody of the minor to post such bail or bond as
may be approved by the court which shall be forfeited to the
juvenile court if the minor does not appear as directed. The
transferring court may also release the minor on the minor's own
promise to appear in juvenile court. [260.115, subd. 3]
Sec. 10. [260B.105] [VENUE.]
Subdivision 1. [VENUE.] Except where otherwise provided,
venue for any proceedings under section 260B.101 shall be in the
county where the child is found, or the county of the child's
residence. If delinquency, a juvenile petty offense, or a
juvenile traffic offense is alleged, proceedings shall be
brought in the county of residence or the county where the
alleged delinquency, juvenile petty offense, or juvenile traffic
offense occurred. [260.121, subd. 1 (omitting child
protection-related text)]
Subd. 2. [TRANSFER.] The judge of the juvenile court may
transfer any proceedings brought under section 260B.101, 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, a juvenile petty offense, or a
juvenile traffic offense is alleged, to the county where the
alleged delinquency, juvenile petty 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
260B.007, subdivision 18, or 260B.143 and hear the case anew.
[260.121, subd. 2 (omitting child protection-related text)]
Subd. 3. [INVOLVING INTERSTATE COMPACT.] Except when a
child is alleged to have committed an adult court traffic
offense, as defined in section 260B.225, subdivision 1, clause
(c), if it appears at any stage of the proceeding that a child
before the court is a resident of another state, the court may
invoke the provisions of the interstate compact on juveniles or,
if it is in the best interests of the child or the public to do
so, the court may place the child in the custody of the child's
parent, guardian, or custodian, if the parent, guardian, or
custodian agrees to accept custody of the child and return the
child to their state. [260.121, subd. 3]
Sec. 11. [260B.125] [CERTIFICATION.]
Subdivision 1. [ORDER.] When a child is alleged to have
committed, after becoming 14 years of age, an offense that would
be a felony if committed by an adult, the juvenile court may
enter an order certifying the proceeding for action under the
laws and court procedures controlling adult criminal
violations. [260.125, subd. 1]
Subd. 2. [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as
provided in subdivision 5 or 6, the juvenile court may order a
certification only if:
(1) a petition has been filed in accordance with the
provisions of section 260B.141;
(2) a motion for certification has been filed by the
prosecuting authority;
(3) notice has been given in accordance with the provisions
of sections 260B.151 and 260B.152;
(4) a hearing has been held in accordance with the
provisions of section 260B.163 within 30 days of the filing of
the certification motion, unless good cause is shown by the
prosecution or the child as to why the hearing should not be
held within this period in which case the hearing shall be held
within 90 days of the filing of the motion;
(5) the court finds that there is probable cause, as
defined by the rules of criminal procedure promulgated pursuant
to section 480.059, to believe the child committed the offense
alleged by delinquency petition; and
(6) the court finds either:
(i) that the presumption of certification created by
subdivision 3 applies and the child has not rebutted the
presumption by clear and convincing evidence demonstrating that
retaining the proceeding in the juvenile court serves public
safety; or
(ii) that the presumption of certification does not apply
and the prosecuting authority has demonstrated by clear and
convincing evidence that retaining the proceeding in the
juvenile court does not serve public safety. If the court finds
that the prosecutor has not demonstrated by clear and convincing
evidence that retaining the proceeding in juvenile court does
not serve public safety, the court shall retain the proceeding
in juvenile court. [260.125, subd. 2]
Subd. 3. [PRESUMPTION OF CERTIFICATION.] It is presumed
that a proceeding involving an offense committed by a child will
be certified if:
(1) the child was 16 or 17 years old at the time of the
offense; and
(2) the delinquency petition alleges that the child
committed an offense that would result in a presumptive
commitment to prison under the sentencing guidelines and
applicable statutes, or that the child committed any felony
offense while using, whether by brandishing, displaying,
threatening with, or otherwise employing, a firearm.
If the court determines that probable cause exists to believe
the child committed the alleged offense, the burden is on the
child to rebut this presumption by demonstrating by clear and
convincing evidence that retaining the proceeding in the
juvenile court serves public safety. If the court finds that
the child has not rebutted the presumption by clear and
convincing evidence, the court shall certify the proceeding.
[260.125, subd. 2a]
Subd. 4. [PUBLIC SAFETY.] In determining whether the
public safety is served by certifying the matter, the court
shall consider the following factors:
(1) the seriousness of the alleged offense in terms of
community protection, including the existence of any aggravating
factors recognized by the sentencing guidelines, the use of a
firearm, and the impact on any victim;
(2) the culpability of the child in committing the alleged
offense, including the level of the child's participation in
planning and carrying out the offense and the existence of any
mitigating factors recognized by the sentencing guidelines;
(3) the child's prior record of delinquency;
(4) the child's programming history, including the child's
past willingness to participate meaningfully in available
programming;
(5) the adequacy of the punishment or programming available
in the juvenile justice system; and
(6) the dispositional options available for the child.
In considering these factors, the court shall give greater
weight to the seriousness of the alleged offense and the child's
prior record of delinquency than to the other factors listed in
this subdivision. [260.125, subd. 2b]
Subd. 5. [PRIOR CERTIFICATION; EXCEPTION.] Notwithstanding
the provisions of subdivisions 2, 3, and 4, the court shall
order a certification in any felony case if the prosecutor shows
that the child has been previously prosecuted on a felony charge
by an order of certification issued pursuant to either a hearing
held under subdivision 2 or pursuant to the waiver of the right
to such a hearing, other than a prior certification in the same
case.
This subdivision only applies if the child is convicted of
the offense or offenses for which the child was prosecuted
pursuant to the order of certification or of a lesser-included
offense which is a felony.
This subdivision does not apply to juvenile offenders who
are subject to criminal court jurisdiction under section 609.055.
[260.125, subd. 3a]
Subd. 6. [ADULT CHARGED WITH JUVENILE OFFENSE.] The
juvenile court has jurisdiction to hold a certification hearing
on motion of the prosecuting authority to certify the matter if:
(1) an adult is alleged to have committed an offense before
the adult's 18th birthday; and
(2) a petition is filed under section 260B.141 before
expiration of the time for filing under section 628.26.
The court may not certify the matter under this subdivision if
the adult demonstrates that the delay was purposefully caused by
the state in order to gain an unfair advantage. [260.125, subd.
3b]
Subd. 7. [EFFECT OF ORDER.] When the juvenile court enters
an order certifying an alleged violation, the prosecuting
authority shall proceed with the case as if the jurisdiction of
the juvenile court had never attached. [260.125, subd. 4]
Subd. 8. [WRITTEN FINDINGS; OPTIONS.] The court shall
decide whether to order certification within 15 days after the
certification hearing was completed, unless additional time is
needed, in which case the court may extend the period up to
another 15 days. If the juvenile court orders certification,
and the presumption described in subdivision 3 does not apply,
the order shall contain in writing, findings of fact and
conclusions of law as to why public safety is not served by
retaining the proceeding in the juvenile court. If the juvenile
court, after a hearing conducted pursuant to subdivision 2,
decides not to order certification, the decision shall contain,
in writing, findings of fact and conclusions of law as to why
certification is not ordered. If the juvenile court decides not
to order certification in a case in which the presumption
described in subdivision 3 applies, the court shall designate
the proceeding an extended jurisdiction juvenile prosecution and
include in its decision written findings of fact and conclusions
of law as to why the retention of the proceeding in juvenile
court serves public safety, with specific reference to the
factors listed in subdivision 4. If the court decides not to
order certification in a case in which the presumption described
in subdivision 3 does not apply, the court may designate the
proceeding an extended jurisdiction juvenile prosecution,
pursuant to the hearing process described in section 260B.130,
subdivision 2. [260.125, subd. 5]
Subd. 9. [FIRST-DEGREE MURDER.] When a motion for
certification has been filed in a case in which the petition
alleges that the child committed murder in the first degree, the
prosecuting authority shall present the case to the grand jury
for consideration of indictment under chapter 628 within 14 days
after the petition was filed. [260.125, subd. 6]
Subd. 10. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This
section does not apply to a child excluded from the definition
of delinquent child under section 260B.007, subdivision 6,
paragraph (b). [260.125, subd. 7]
Sec. 12. [260B.130] [EXTENDED JURISDICTION JUVENILE
PROSECUTIONS.]
Subdivision 1. [DESIGNATION.] A proceeding involving a
child alleged to have committed a felony offense is an extended
jurisdiction juvenile prosecution if:
(1) the child was 14 to 17 years old at the time of the
alleged offense, a certification hearing was held, and the court
designated the proceeding an extended jurisdiction juvenile
prosecution;
(2) the child was 16 or 17 years old at the time of the
alleged offense; the child is alleged to have committed an
offense for which the sentencing guidelines and applicable
statutes presume a commitment to prison or to have committed any
felony in which the child allegedly used a firearm; and the
prosecutor designated in the delinquency petition that the
proceeding is an extended jurisdiction juvenile prosecution; or
(3) the child was 14 to 17 years old at the time of the
alleged offense, the prosecutor requested that the proceeding be
designated an extended jurisdiction juvenile prosecution, a
hearing was held on the issue of designation, and the court
designated the proceeding an extended jurisdiction juvenile
prosecution. [260.126, subd. 1]
Subd. 2. [HEARING ON PROSECUTOR'S REQUEST.] When a
prosecutor requests that a proceeding be designated an extended
jurisdiction juvenile prosecution, the court shall hold a
hearing under section 260B.163 to consider the request. The
hearing must be held within 30 days of the filing of the request
for designation, unless good cause is shown by the prosecution
or the child as to why the hearing should not be held within
this period in which case the hearing shall be held within 90
days of the filing of the request. If the prosecutor shows by
clear and convincing evidence that designating the proceeding an
extended jurisdiction juvenile prosecution serves public safety,
the court shall grant the request for designation. In
determining whether public safety is served, the court shall
consider the factors specified in section 260B.125, subdivision
4. The court shall decide whether to designate the proceeding
an extended jurisdiction juvenile prosecution within 15 days
after the designation hearing is completed, unless additional
time is needed, in which case the court may extend the period up
to another 15 days. [260.126, subd. 2]
Subd. 3. [PROCEEDINGS.] A child who is the subject of an
extended jurisdiction juvenile prosecution has the right to a
trial by jury and to the effective assistance of counsel, as
described in section 260B.163, subdivision 4. [260.126, subd.
3]
Subd. 4. [DISPOSITION.] (a) If an extended jurisdiction
juvenile prosecution results in a guilty plea or finding of
guilt, the court shall:
(1) impose one or more juvenile dispositions under section
260B.198; and
(2) impose an adult criminal sentence, the execution of
which shall be stayed on the condition that the offender not
violate the provisions of the disposition order and not commit a
new offense.
(b) If a child prosecuted as an extended jurisdiction
juvenile after designation by the prosecutor in the delinquency
petition is convicted of an offense after trial that is not an
offense described in subdivision 1, clause (2), the court shall
adjudicate the child delinquent and order a disposition under
section 260B.198. If the extended jurisdiction juvenile
proceeding results in a guilty plea for an offense not described
in subdivision 1, clause (2), the court may impose a disposition
under paragraph (a) if the child consents. [260.126, subd. 4]
Subd. 5. [EXECUTION OF ADULT SENTENCE.] When it appears
that a person convicted as an extended jurisdiction juvenile has
violated the conditions of the stayed sentence, or is alleged to
have committed a new offense, the court may, without notice,
revoke the stay and probation and direct that the offender be
taken into immediate custody. The court shall notify the
offender in writing of the reasons alleged to exist for
revocation of the stay of execution of the adult sentence. If
the offender challenges the reasons, the court shall hold a
summary hearing on the issue at which the offender is entitled
to be heard and represented by counsel. After the hearing, if
the court finds that reasons exist to revoke the stay of
execution of sentence, the court shall treat the offender as an
adult and order any of the adult sanctions authorized by section
609.14, subdivision 3. If the offender was convicted of an
offense described in subdivision 1, clause (2), and the court
finds that reasons exist to revoke the stay, the court must
order execution of the previously imposed sentence unless the
court makes written findings regarding the mitigating factors
that justify continuing the stay. Upon revocation, the
offender's extended jurisdiction status is terminated and
juvenile court jurisdiction is terminated. The ongoing
jurisdiction for any adult sanction, other than commitment to
the commissioner of corrections, is with the adult court.
[260.126, subd. 5]
Subd. 6. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This
section does not apply to a child excluded from the definition
of delinquent child under section 260B.007, subdivision 6,
paragraph (b). [260.126, subd. 6]
Sec. 13. [260B.141] [PETITION.]
Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] 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, may petition the juvenile court in the
manner provided in this section. [260.131, subd. 1(a) (omitting
child protection-related text)]
Subd. 2. [VERIFICATION OF PETITION.] The petition shall be
verified by the person having knowledge of the facts and may be
on information and belief. Unless otherwise provided by this
section or by rule or order of the court, the county attorney
shall draft the petition upon the showing of reasonable grounds
to support the petition. [260.131, subd. 2]
Subd. 3. [FORM OF PETITION.] The petition and all
subsequent court documents shall be entitled substantially as
follows:
"Juvenile Court, County of .................
In the matter of the welfare of ..........."
The petition shall set forth plainly:
(a) The facts which bring the child within the jurisdiction
of the court;
(b) The name, date of birth, residence, and post office
address of the child;
(c) The names, residences, and post office addresses of the
child's parents;
(d) The name, residence, and post office address of the
child's guardian if there be one, of the person having custody
or control of the child, and of the nearest known relative if no
parent or guardian can be found;
(e) The spouse of the child, if there be one. If any of
the facts required by the petition are not known or cannot be
ascertained by the petitioner, the petition shall so state.
[260.131, subd. 3]
Subd. 4. [DELINQUENCY PETITION; EXTENDED JURISDICTION
JUVENILE.] When a prosecutor files a delinquency petition
alleging that a child committed a felony offense for which there
is a presumptive commitment to prison according to the
sentencing guidelines and applicable statutes or in which the
child used a firearm, after reaching the age of 16 years, the
prosecutor shall indicate in the petition whether the prosecutor
designates the proceeding an extended jurisdiction juvenile
prosecution. When a prosecutor files a delinquency petition
alleging that a child aged 14 to 17 years committed a felony
offense, the prosecutor may request that the court designate the
proceeding an extended jurisdiction juvenile prosecution.
[260.131, subd. 4]
Subd. 5. [CONCURRENT JURISDICTION.] When a petition is
filed alleging that a child has engaged in prostitution as
defined in section 609.321, subdivision 9, the county attorney
shall determine whether concurrent jurisdiction is necessary to
provide appropriate intervention and, if so, proceed to file a
petition alleging the child to be both delinquent and in need of
protection or services. [260.131, subd. 5]
Sec. 14. [260B.143] [PROCEDURE; JUVENILE PETTY AND
MISDEMEANOR OFFENDERS.]
Subdivision 1. [NOTICE.] When a peace officer has probable
cause to believe that a child:
(1) is a juvenile petty offender; or
(2) has committed a delinquent act that would be a petty
misdemeanor or misdemeanor if committed by an adult;
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, or a petty misdemeanor or misdemeanor
delinquent act, 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 260B.175
and 260B.176 shall apply. [260.132, subd. 1 (omitting child
protection-related text)]
Subd. 2. [EFFECT OF NOTICE.] Filing with the court a
notice to appear containing the name and address of the child,
specifying the offense alleged and the time and place it was
committed, has the effect of a petition giving the juvenile
court jurisdiction. [260.132, subd. 2 (omitting child
protection-related text)]
Subd. 3. [NOTICE TO PARENT.] Whenever a notice to appear
or petition is filed alleging that a child is a juvenile petty
offender or has committed a delinquent act that would be a petty
misdemeanor or misdemeanor if committed by an adult, 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 260B.151,
subdivision 1. [260.132, subd. 3 (omitting child
protection-related text)]
Subd. 4. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except
as otherwise provided in section 260B.163, subdivision 4, a
child alleged to be a juvenile petty offender may be represented
by counsel, but does not have a right to appointment of a public
defender or other counsel at public expense. [260.132, subd.
3a]
Sec. 15. [260B.151] [SUMMONS; NOTICE.]
Subdivision 1. [ISSUANCE OF SUMMONS.] 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 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. [260.135, subd. 1 [omitting child
protection-related text)]
Subd. 2. [NOTICE OF PENDENCY OF CASE.] The court shall
have notice of the pendency of the case and of the time and
place of the hearing served upon a parent, guardian, or spouse
of the child, who has not been summoned as provided in
subdivision 1. For an Indian child, notice of all proceedings
must comply with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1901, et seq., and section
260.765. [260.135, subd. 2]
Subd. 3. [SUBPOENA ISSUANCE.] The court may issue a
subpoena requiring the appearance of any other person whose
presence, in the opinion of the court, is necessary. [260.135,
subd. 4]
Sec. 16. [260B.152] [SERVICE OF SUMMONS, NOTICE.]
Subdivision 1. [NOTICE IN LIEU OF SUMMONS; PERSONAL
SERVICE.] The service of a summons or a notice in lieu of
summons shall be as provided in the rules of juvenile
procedure. [260.141, subd. 1a]
Subd. 2. [SERVICE; FEES.] Service of summons, notice, or
subpoena required by sections 260B.151 to 260B.255 shall be made
by any suitable person under the direction of the court, and
upon request of the court shall be made by a probation officer
or any peace officer. The fees and mileage of witnesses shall
be paid by the county if the subpoena is issued by the court on
its own motion or at the request of the county attorney. All
other fees shall be paid by the party requesting the subpoena
unless otherwise ordered by the court. [260.141, subd. 2]
Subd. 3. [PROOF OF SERVICE.] Proof of the service required
by this section shall be made by the person having knowledge
thereof. [260.141, subd. 3]
Sec. 17. [260B.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA;
CONTEMPT, ARREST.]
If any person personally served with summons or subpoena
fails, without reasonable cause, to appear or bring the child,
or if the court has reason to believe the person is avoiding
personal service, or if any custodial parent or guardian fails,
without reasonable cause, to accompany the child to a hearing as
required under section 260B.163, subdivision 8, the person may
be proceeded against for contempt of court or the court may
issue a warrant for the person's arrest, or both. In any case
when it appears to the court that the service will be
ineffectual, or that the welfare of the child requires that the
child be brought forthwith into the custody of the court, the
court may issue a warrant for immediate custody of the child.
[260.145]
Sec. 18. [260B.157] [INVESTIGATION; PHYSICAL AND MENTAL
EXAMINATION.]
Subdivision 1. [INVESTIGATION.] Upon request of the court
the local social services agency or probation officer shall
investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under
section 260B.101 and shall report its findings to the court.
The court may order any minor coming within its jurisdiction to
be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.
The court shall have a chemical use assessment conducted
when a child is (1) found to be delinquent for violating a
provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer
determines that alcohol or drug use was a contributing factor in
the commission of the offense, or (2) alleged to be delinquent
for violating a provision of chapter 152, if the child is being
held in custody under a detention order. The assessor's
qualifications and the assessment criteria shall comply with
Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended
treatment, the assessment and placement must comply with all
provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
9530.7000 to 9530.7030. The commissioner of human services
shall reimburse the court for the cost of the chemical use
assessment, up to a maximum of $100.
With the consent of the commissioner of corrections and
agreement of the county to pay the costs thereof, the court may,
by order, place a minor coming within its jurisdiction in an
institution maintained by the commissioner for the detention,
diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given
due consideration in the disposition of the case. Any funds
received under the provisions of this subdivision shall not
cancel until the end of the fiscal year immediately following
the fiscal year in which the funds were received. The funds are
available for use by the commissioner of corrections during that
period and are hereby appropriated annually to the commissioner
of corrections as reimbursement of the costs of providing these
services to the juvenile courts. [260.151, subd. 1 (omitting
child protection-related text)]
Subd. 2. [PETITION REQUIREMENT.] The court may proceed as
described in subdivision 1 only after a petition has been filed
and, in delinquency cases, after the child has appeared before
the court or a court appointed referee and has been informed of
the allegations contained in the petition. However, when the
child denies being delinquent before the court or court
appointed referee, the investigation or examination shall not be
conducted before a hearing has been held as provided in section
260B.163. [260.151, subd. 2]
Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The
local social services agency, at its option, may establish a
juvenile treatment screening team to conduct screenings and
prepare case plans under this subdivision. The team, which may
be the team constituted under section 245.4885 or 256B.092 or
Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of
social workers, juvenile justice professionals, and persons with
expertise in the treatment of juveniles who are emotionally
disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the
screening process as appropriate. The team may be the same team
as defined in section 260C.157, subdivision 3.
(b) This paragraph applies only in counties that have
established a juvenile treatment screening team under paragraph
(a). If the court, prior to, or as part of, a final
disposition, proposes to place a child for the primary purpose
of treatment for an emotional disturbance, a developmental
disability, or chemical dependency in a residential treatment
facility out of state or in one which is within the state and
licensed by the commissioner of human services under chapter
245A, the court shall notify the county welfare agency. The
county's juvenile treatment screening team must either:
(1) screen and evaluate the child and file its
recommendations with the court within 14 days of receipt of the
notice; or
(2) elect not to screen a given case, and notify the court
of that decision within three working days.
(c) If the screening team has elected to screen and
evaluate the child, the child may not be placed for the primary
purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency, in a
residential treatment facility out of state nor in a residential
treatment facility within the state that is licensed under
chapter 245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency
requires the placement of the child in a facility within the
state;
(2) the screening team has evaluated the child and
recommended that a residential placement is necessary to meet
the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the
treatment needs, and that it will be of therapeutic value to the
child; or
(3) the court, having reviewed a screening team
recommendation against placement, determines to the contrary
that a residential placement is necessary. The court shall
state the reasons for its determination in writing, on the
record, and shall respond specifically to the findings and
recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the
child and the prosecuting attorney shall be afforded an
opportunity to be heard on the matter. [260.151, subd. 3]
Sec. 19. [260B.163] [HEARING.]
Subdivision 1. [GENERAL.] (a) Except for hearings arising
under section 260B.425, hearings on any matter shall be without
a jury and may be conducted in an informal manner, except that a
child who is prosecuted as an extended jurisdiction juvenile has
the right to a jury trial on the issue of guilt. 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, an extended jurisdiction
juvenile, or a juvenile petty offender, and hearings conducted
pursuant to section 260.125 except to the extent that the rules
themselves provide that they do not apply.
(b) When a continuance or adjournment is ordered in any
proceeding, the court may make any interim orders as it deems in
the best interests of the minor in accordance with the
provisions of sections 260B.001 to 260B.421.
(c) Except as otherwise provided in this paragraph, the
court shall exclude the general public from hearings under this
chapter 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. The court shall permit the victim of
a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:
(1) as a witness under the Rules of Criminal Procedure; and
(2) from portions of a certification hearing to discuss
psychological material or other evidence that would not be
accessible to the public.
The court shall open the hearings to the public in delinquency
or extended jurisdiction juvenile 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 offense, except that the court may exclude the public from
portions of a certification hearing to discuss psychological
material or other evidence that would not be accessible to the
public in an adult proceeding.
(d) 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 certification or adjudicatory
hearings, and (2) the disposition of the case. [260.155, subd.
1 (omitting child protection-related text)]
Subd. 2. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child
who is the subject of a petition, and the parents, guardian, or
legal custodian of the child have the right to participate in
all proceedings on a petition. Official tribal representatives
have the right to participate in any proceeding that is subject
to the Indian Child Welfare Act of 1978, United States Code,
title 25, sections 1901 to 1963.
Any grandparent of the child has a right to participate in
the proceedings to the same extent as a parent, if the child has
lived with the grandparent within the two years preceding the
filing of the petition. At the first hearing following the
filing of a petition, the court shall ask whether the child has
lived with a grandparent within the last two years, except that
the court need not make this inquiry if the petition states that
the child did not live with a grandparent during this time
period. Failure to notify a grandparent of the proceedings is
not a jurisdictional defect. [260.155, subd. 1a (omitting child
protection-related text)]
Subd. 3. [RIGHT OF ALLEGED VICTIM TO PRESENCE OF
SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision
1 to the contrary, in any delinquency proceedings in which the
alleged victim of the delinquent act is testifying in court, the
victim may choose to have a supportive person who is not
scheduled to be a witness in the proceedings, present during the
testimony of the victim. [260.155, subd. 1b]
Subd. 4. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian has the right to effective assistance of
counsel in connection with a proceeding in juvenile court. This
right does not apply to a child who is charged with a juvenile
petty offense as defined in section 260B.007, subdivision 15,
unless the child is charged with a third or subsequent juvenile
alcohol or controlled substance offense and may be subject to
the alternative disposition described in section 260B.235,
subdivision 6.
(b) The court shall appoint counsel, or stand-by counsel if
the child waives the right to counsel, for a child who is:
(1) charged by delinquency petition with a gross
misdemeanor or felony offense; or
(2) the subject of a delinquency proceeding in which
out-of-home placement has been proposed.
(c) If they desire counsel but are unable to employ it, the
court shall appoint counsel to represent the child or the
parents or guardian in any case in which it feels that such an
appointment is appropriate, except a juvenile petty offender who
does not have the right to counsel under paragraph (a).
(d) Counsel for the child shall not also act as the child's
guardian ad litem. [260.155, subd. 2 (omitting child
protection-related text)]
Subd. 5. [COUNTY ATTORNEY.] The county attorney shall
present the evidence upon request of the court. [260.155, subd.
3 (omitting child protection-related text)]
Subd. 6. [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. 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. The
court may appoint separate counsel for the guardian ad litem if
necessary.
(b) A guardian ad litem shall carry out the following
responsibilities:
(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;
(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;
(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;
(4) monitor the child's best interests throughout the
judicial proceeding; and
(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.
(c) 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.
(d) 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.
(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:
(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;
(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage. [260.155, subd. 4
(omitting child protection-related text)]
Subd. 7. [PARENT OR GUARDIAN MUST ACCOMPANY CHILD AT
HEARING.] The custodial parent or guardian of a child who is
alleged or found to be delinquent, or is prosecuted as an
extended jurisdiction juvenile, must accompany the child at each
hearing held during the delinquency or extended jurisdiction
juvenile proceedings, unless the court excuses the parent or
guardian from attendance for good cause shown. The failure of a
parent or guardian to comply with this duty may be punished as
provided in section 260B.154. [260.155, subd. 4b.]
Subd. 8. [WAIVING THE PRESENCE OF CHILD, PARENT.] Except
in delinquency proceedings, the court may waive the presence of
the minor in court at any stage of the proceedings when it is in
the best interests of the minor to do so. In a delinquency
proceeding, after the child is found to be delinquent, the court
may excuse the presence of the child from the hearing when it is
in the best interests of the child to do so. In any proceeding
the court may temporarily excuse the presence of the parent or
guardian of a minor from the hearing when it is in the best
interests of the minor to do so. The attorney or guardian ad
litem, if any, has the right to continue to participate in
proceedings during the absence of the minor, parent, or
guardian. [260.155, subd. 5]
Subd. 9. [RIGHTS OF PARTIES AT HEARING.] The minor and the
minor's parent, guardian, or custodian are entitled to be heard,
to present evidence material to the case, and to cross examine
witnesses appearing at the hearing. [260.155, subd. 6]
Subd. 10. [WAIVER.] (a) Waiver of any right which a child
has under this chapter must be an express waiver voluntarily and
intelligently made by the child after the child has been fully
and effectively informed of the right being waived. If a child
is not represented by counsel, any waiver must be given or any
objection must be offered by the child's guardian ad litem.
(b) Waiver of a child's right to be represented by counsel
provided under the juvenile court rules must be an express
waiver voluntarily and intelligently made by the child after the
child has been fully and effectively informed of the right being
waived. In determining whether a child has voluntarily and
intelligently waived the right to counsel, the court shall look
to the totality of the circumstances which includes but is not
limited to the child's age, maturity, intelligence, education,
experience, and ability to comprehend, and the presence and
competence of the child's parents, guardian, or guardian ad
litem. If the court accepts the child's waiver, it shall state
on the record the findings and conclusions that form the basis
for its decision to accept the waiver. [260.155, subd. 8]
Sec. 20. [260B.168] [COMPLIANCE WITH INDIAN CHILD WELFARE
ACT.]
The provisions of this chapter must be construed
consistently with the Indian Child Welfare Act of 1978, United
States Code, title 25, sections 1901 to 1963. [260.157]
Sec. 21. [260B.171] [RECORDS.]
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes of
sentencing, or to an adult court or juvenile court as required
by the right of confrontation of either the United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the
particular child. The court also may provide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies, probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999, juvenile court delinquency proceeding records of
adjudications, court transcripts, and delinquency petitions,
including any probable cause attachments that have been filed or
police officer reports relating to a petition, must be released
to requesting law enforcement agencies and prosecuting
authorities for purposes of investigating and prosecuting
violations of section 609.229, provided that psychological or
mental health reports may not be included with those records.
The agency receiving the records may release the records only as
permitted under this section or authorized by law.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a felony or gross
misdemeanor level offense until the offender reaches the age of
28. If the offender commits a felony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile offense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260B.163, subdivision 2. [260.161, subd. 1]
Subd. 2. [RECORD OF FINDINGS.] (a) The juvenile court
shall forward to the bureau of criminal apprehension the
following data in juvenile petitions involving felony- or gross
misdemeanor-level offenses:
(1) the name and birthdate of the juvenile, including any
of the juvenile's known aliases or street names;
(2) the act for which the juvenile was petitioned and date
of the offense; and
(3) the date and county where the petition was filed.
(b) Upon completion of the court proceedings, the court
shall forward the court's finding and case disposition to the
bureau. The court shall specify whether:
(1) the juvenile was referred to a diversion program;
(2) the petition was dismissed, continued for dismissal, or
continued without adjudication; or
(3) the juvenile was adjudicated delinquent.
(c) The juvenile court shall forward to the bureau, the
sentencing guidelines commission, and the department of
corrections the following data on individuals convicted as
extended jurisdiction juveniles:
(1) the name and birthdate of the offender, including any
of the juvenile's known aliases or street names;
(2) the crime committed by the offender and the date of the
crime;
(3) the date and county of the conviction; and
(4) the case disposition.
The court shall notify the bureau, the sentencing
guidelines commission, and the department of corrections
whenever it executes an extended jurisdiction juvenile's adult
sentence under section 260B.130, subdivision 5.
(d) The bureau, sentencing guidelines commission, and the
department of corrections shall retain the extended jurisdiction
juvenile data for as long as the data would have been retained
if the offender had been an adult at the time of the offense.
Data retained on individuals under this subdivision are private
data under section 13.02, except that extended jurisdiction
juvenile data becomes public data under section 13.87,
subdivision 2, when the juvenile court notifies the bureau that
the individual's adult sentence has been executed under section
260B.130, subdivision 5. [260.161, subd. 1a]
Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a
juvenile is enrolled in school, the juvenile's probation officer
shall transmit a copy of the court's disposition order to the
principal or chief administrative officer of the juvenile's
school if the juvenile has been adjudicated delinquent for
committing an act on the school's property or an act:
(1) that would be a violation of section 609.185
(first-degree murder); 609.19 (second-degree murder); 609.195
(third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault);
609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.2242 (domestic assault); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
(false imprisonment); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.3451 (fifth-degree
criminal sexual conduct); 609.498 (tampering with a witness);
609.561 (first-degree arson); 609.582, subdivision 1 or 2
(burglary); 609.713 (terroristic threats); or 609.749
(harassment and stalking), if committed by an adult;
(2) that would be a violation of section 152.021
(first-degree controlled substance crime); 152.022
(second-degree controlled substance crime); 152.023
(third-degree controlled substance crime); 152.024
(fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a
controlled substance); or 152.027 (other controlled substance
offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous
weapon as defined in section 609.02, subdivision 6.
When a disposition order is transmitted under this
paragraph, the probation officer shall notify the juvenile's
parent or legal guardian that the disposition order has been
shared with the juvenile's school.
(b) The disposition order must be accompanied by a notice
to the school that the school may obtain additional information
from the juvenile's probation officer with the consent of the
juvenile or the juvenile's parents, as applicable. The
disposition order must be maintained in the student's permanent
education record but may not be released outside of the school
district or educational entity, other than to another school
district or educational entity to which the juvenile is
transferring. Notwithstanding section 138.17, the disposition
order must be destroyed when the juvenile graduates from the
school or at the end of the academic year when the juvenile
reaches age 23, whichever date is earlier.
(c) The juvenile's probation officer shall maintain a
record of disposition orders released under this subdivision and
the basis for the release.
(d) The criminal and juvenile justice information policy
group, in consultation with representatives of probation
officers and educators, shall prepare standard forms for use by
juvenile probation officers in forwarding information to schools
under this subdivision and in maintaining a record of the
information that is released.
(e) As used in this subdivision, "school" means a public or
private elementary, middle, or secondary school. [260.161,
subd. 1b]
Subd. 4. [PUBLIC INSPECTION OF RECORDS.] (a) Legal records
arising from proceedings or portions of proceedings that are
public under section 260B.163, subdivision 1, are open to public
inspection.
(b) Except as otherwise provided by this section, none of
the records of the juvenile court and none of the records
relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except:
(1) by order of a court; or
(2) as required by sections 245A.04, 611A.03, 611A.04,
611A.06, and 629.73.
(c) The victim of any alleged delinquent act may, upon the
victim's request, obtain the following information, unless it
reasonably appears that the request is prompted by a desire on
the part of the requester to engage in unlawful activities:
(1) the name and age of the juvenile;
(2) the act for which the juvenile was petitioned and date
of the offense; and
(3) the disposition, including but not limited to,
dismissal of the petition, diversion, probation and conditions
of probation, detention, fines, or restitution.
(d) The records of juvenile probation officers and county
home schools are records of the court for the purposes of this
subdivision. Court services data relating to delinquent acts
that are contained in records of the juvenile court may be
released as allowed under section 13.84, subdivision 5a. This
subdivision applies to all proceedings under this chapter,
including appeals from orders of the juvenile court, except that
this subdivision does not apply to proceedings under section
260B.335 or 260B.425 when the proceeding involves an adult
defendant. The court shall maintain the confidentiality of
adoption files and records in accordance with the provisions of
laws relating to adoptions. In juvenile court proceedings any
report or social history furnished to the court shall be open to
inspection by the attorneys of record and the guardian ad litem
a reasonable time before it is used in connection with any
proceeding before the court.
(e) When a judge of a juvenile court, or duly authorized
agent of the court, determines under a proceeding under this
chapter that a child has violated a state or local law,
ordinance, or regulation pertaining to the operation of a motor
vehicle on streets and highways, except parking violations, the
judge or agent shall immediately report the violation to the
commissioner of public safety. The report must be made on a
form provided by the department of public safety and must
contain the information required under section 169.95.
(f) A county attorney may give a law enforcement agency
that referred a delinquency matter to the county attorney a
summary of the results of that referral, including the details
of any juvenile court disposition. [260.161, subd. 2 (omitting
child protection-related text)]
Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260B.163, subdivision 1, peace officers' records
of children who are or may be delinquent or who may be engaged
in criminal acts shall be kept separate from records of persons
18 years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 121A.28, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, (5) to the Minnesota crime victims
reparations board as required by section 611A.56, subdivision 2,
clause (f), for the purpose of processing claims for crime
victims reparations, or (6) as otherwise provided in this
subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169.121 or 169.129. Peace officers'
records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with
section 13.82, subdivisions 2, 3, 4, and 10. Any person
violating any of the provisions of this subdivision shall be
guilty of a misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary for law enforcement
purposes.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260B.175, subdivision 1, clause (b),
provided that the photograph must be destroyed when the child
reaches the age of 19 years. The commissioner of corrections
may photograph juveniles whose legal custody is transferred to
the commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not an adult court traffic offense
under section 260B.225.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
(h) Upon written request, the prosecuting authority shall
release investigative data collected by a law enforcement agency
to the victim of a criminal act or alleged criminal act or to
the victim's legal representative, except as otherwise provided
by this paragraph. Data shall not be released if:
(1) the release to the individual subject of the data would
be prohibited under section 13.391; or
(2) the prosecuting authority reasonably believes:
(i) that the release of that data will interfere with the
investigation; or
(ii) that the request is prompted by a desire on the part
of the requester to engage in unlawful activities. [260.161,
subd. 3]
Subd. 6. [ATTORNEY ACCESS TO RECORDS.] An attorney
representing a child, parent, or guardian ad litem in a
proceeding under this chapter shall be given access to records,
local social service agency files, and reports which form the
basis of any recommendation made to the court. An attorney does
not have access under this subdivision to the identity of a
person who made a report under section 626.556. The court may
issue protective orders to prohibit an attorney from sharing a
specified record or portion of a record with a client other than
a guardian ad litem. [260.161, subd. 3a]
Subd. 7. [COURT RECORD RELEASED TO PROSECUTOR.] If a
prosecutor has probable cause to believe that a person has
committed a gross misdemeanor violation of section 169.121 or
has violated section 169.129, and that a prior juvenile court
adjudication forms, in part, the basis for the current
violation, the prosecutor may file an application with the court
having jurisdiction over the criminal matter attesting to this
probable cause determination and seeking the relevant juvenile
court records. The court shall transfer the application to the
juvenile court where the requested records are maintained, and
the juvenile court shall release to the prosecutor any records
relating to the person's prior juvenile traffic adjudication,
including a transcript, if any, of the court's advisory of the
right to counsel and the person's exercise or waiver of that
right. [260.161, subd. 4]
Subd. 8. [FURTHER RELEASE OF RECORDS.] A person who
receives access to juvenile court or peace officer records of
children that are not accessible to the public may not release
or disclose the records to any other person except as authorized
by law. This subdivision does not apply to the child who is the
subject of the records or the child's parent or guardian.
[260.161, subd. 5]
Sec. 22. [260B.173] [REPORT ON JUVENILE DELINQUENCY
PETITIONS.]
The state court administrator shall annually prepare and
present to the chairs and ranking minority members of the house
judiciary committee and the senate crime prevention committee
aggregate data by judicial district on juvenile delinquency
petitions. The report must include, but need not be limited to,
information on the act for which a delinquency petition is
filed, the age of the juvenile, the county where the petition
was filed, the outcome of the petition, such as dismissal,
continuance for dismissal, continuance without adjudication, and
the disposition of the petition such as diversion, detention,
probation, restitution, or fine. The report must be prepared on
a calendar year basis and be submitted annually beginning July
1, 1999. [260.162]
Sec. 23. [260B.175] [TAKING CHILD INTO CUSTODY.]
Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken
into immediate custody except:
(a) With an order issued by the court in accordance with
the provisions of section 260B.151, subdivision 5, or Laws 1997,
chapter 239, article 10, section 10, paragraph (a), clause (3),
or 12, paragraph (a), clause (3), or by a warrant issued in
accordance with the provisions of section 260B.154;
(b) In accordance with the laws relating to arrests; or
(c) By a peace officer or probation or parole officer when
it is reasonably believed that the child has violated the terms
of probation, parole, or other field supervision. [260.165,
subd. 1 (omitting child protection-related text)]
Subd. 2. [NOT AN ARREST.] The taking of a child into
custody under the provisions of this section shall not be
considered an arrest. [260.165, subd. 2]
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 or section 260B.154, the
officer shall notify the parent or custodian that under section
260B.181, subdivision 2, the parent or custodian may request
that the child be placed with a relative or a designated
caregiver under chapter 257A instead of in a shelter care
facility. The officer also 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. [260.165, subd. 3 (omitting child protection-related
text)]
Subd. 4. [PROTECTIVE PAT-DOWN SEARCH OF CHILD
AUTHORIZED.] (a) A peace officer who takes a child of any age or
gender into custody under the provisions of this section is
authorized to perform a protective pat-down search of the child
in order to protect the officer's safety.
(b) A peace officer also may perform a protective pat-down
search of a child in order to protect the officer's safety in
circumstances where the officer does not intend to take the
child into custody, if this section authorizes the officer to
take the child into custody.
(c) Evidence discovered in the course of a lawful search
under this section is admissible. [260.165, subd. 2a]
Sec. 24. [260B.176] [RELEASE OR DETENTION.]
Subdivision 1. [NOTIFICATION; RELEASE.] If a child is
taken into custody as provided in section 260B.175, 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. The person to whom the
child is released 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. [260.171, subd. 1
(omitting child protection-related text)]
Subd. 2. [REASONS FOR DETENTION.] (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
260B.007, subdivision 6, unless a petition has been filed and
the judge or referee determines pursuant to section 260B.178
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
260B.007, subdivision 6, unless:
(1) a petition has been filed under section 260B.141; and
(2) a judge or referee has determined under section
260B.178 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 260B.125. Notwithstanding this paragraph, continued
detention of a child in an adult detention facility outside of a
standard metropolitan statistical area county is permissible if:
(i) the facility in which the child is detained is located
where conditions of distance to be traveled or other ground
transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this
clause; or
(ii) the facility is located where conditions of safety
exist. Time for an appearance may be delayed until 24 hours
after the time that conditions allow for reasonably safe
travel. "Conditions of safety" include adverse life-threatening
weather conditions that do not allow for reasonably safe travel.
The continued detention of a child under clause (i) or (ii)
must be reported to the commissioner of corrections.
(d) 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 260B.125, notice to the commissioner shall not be
required. [260.171, subd. 2 (omitting child protection-related
text)]
Subd. 3. [SHELTER CARE FACILITY; SECURE DETENTION
FACILITY.] 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 juvenile secure
detention facility or a shelter care facility; and
(b) of the location of the juvenile 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 juvenile 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 260B.007, subdivision 6, at a juvenile 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 260B.178;
and
(f) that the child may not be detained for acts defined in
section 260B.007, subdivision 6, at an adult jail or municipal
lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours if the adult jail or
municipal lockup is in a standard metropolitan statistical area,
unless a petition has been filed and the court orders the
child's continued detention under section 260B.178; and
(g) of the date, time, and place of the detention hearing,
if this information is available to the person who has taken the
child into custody; 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.
After August 1, 1991, the child's parent, guardian, or
custodian shall also be informed under clause (f) that the child
may not be detained in an adult jail or municipal lockup longer
than 24 hours, excluding Saturdays, Sundays, and holidays, or
longer than six hours if the adult jail or municipal lockup is
in a standard metropolitan statistical area, unless a motion to
refer the child for adult prosecution has been made within that
time period. [260.171, subd. 4 (omitting child
protection-related text)]
Subd. 4. [TRANSPORTATION.] If a child is to be detained in
a secure detention facility or shelter care facility, the child
shall be promptly transported to the facility in a manner
approved by the facility or by securing a written transportation
order from the court authorizing transportation by the sheriff
or other qualified person. The person who has determined that
the child should be detained shall deliver to the court and the
supervisor of the secure detention facility or shelter care
facility where the child is placed, a signed report, setting
forth:
(a) the time the child was taken into custody; and
(b) the time the child was delivered for transportation to
the secure detention facility or shelter care facility; and
(c) the reasons why the child was taken into custody; and
(d) the reasons why the child has been placed in detention;
and
(e) a statement that the child and the child's parent have
received the notification required by subdivision 3 or the
reasons why they have not been so notified; and
(f) any instructions required by subdivision 5. [260.171,
subd. 5]
Subd. 5. [SHELTER CARE; NOTICE TO PARENT.] When a child is
to be placed in a shelter care facility the person taking the
child into custody or the court shall determine whether or not
there is reason to believe that disclosure of the shelter care
facility's location to the child's parent, guardian, or
custodian would immediately endanger the health and welfare of
the child. If there is reason to believe that the child's
health and welfare would be immediately endangered, disclosure
of the location shall not be made. This determination shall be
included in the report required by subdivision 4, along with
instructions to the shelter care facility to notify or withhold
notification. [260.171, subd. 5a]
Subd. 6. [REPORT.] (a) When a child has been delivered to
a secure detention facility, the supervisor of the facility
shall deliver to the court a signed report acknowledging receipt
of the child stating the time of the child's arrival. The
supervisor of the facility shall ascertain from the report of
the person who has taken the child into custody whether the
child and a parent, guardian, or custodian have received the
notification required by subdivision 3. If the child or a
parent, guardian or custodian, or both, have not been so
notified, the supervisor of the facility shall immediately make
the notification, and shall include in the report to the court a
statement that notification has been received or the reasons why
it has not.
(b) When a child has been delivered to a shelter care
facility, the supervisor of the facility shall deliver to the
court a signed report acknowledging receipt of the child stating
the time of the child's arrival. The supervisor of the facility
shall ascertain from the report of the person who has taken the
child into custody whether the child's parent, guardian or
custodian has been notified of the placement of the child at the
shelter care facility and its location, and the supervisor shall
follow any instructions concerning notification contained in
that report. [260.171, subd. 6]
Sec. 25. [260B.178] [DETENTION HEARING.]
Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) The
court shall hold a detention hearing:
(1) within 36 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at a juvenile secure detention facility or
shelter care facility; or
(2) within 24 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at an adult jail or municipal lockup.
(b) 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, subject to reasonable
conditions of release including, but not limited to, a
requirement that the child undergo a chemical use assessment as
provided in section 260B.157, subdivision 1. In determining
whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would
reside with a perpetrator of domestic child abuse. [260.172,
subd. 1 (omitting child protection-related text)]
Subd. 2. [CONTINUATION OF DETENTION.] If the court
determines that the child should continue in detention, it may
order detention continued for eight days, excluding Saturdays,
Sundays and holidays, from and including the date of the order.
Unless a motion to refer the child for adult prosecution is
pending, a child who has been detained in an adult jail or
municipal lockup and for whom continued detention is ordered,
must be transferred to a juvenile secure detention facility or
shelter care facility. The court shall include in its order the
reasons for continued detention and the findings of fact which
support these reasons. [260.172, subd. 2]
Subd. 3. [SERVICE OF ORDERS.] Copies of the court's order
shall be served upon the parties, including the supervisor of
the detention facility, who shall release the child or continue
to hold the child as the court orders.
When the court's order is served upon these parties, notice
shall also be given to the parties of the subsequent reviews
provided by subdivision 4. The notice shall also inform each
party of the right to submit to the court for informal review
any new evidence regarding whether the child should be continued
in detention and to request a hearing to present the evidence to
the court. [260.172, subd. 3]
Subd. 4. [REVIEW OF CASE.] If a child held in detention
under a court order issued under subdivision 2 has not been
released prior to expiration of the order, the court or referee
shall informally review the child's case file to determine,
under the standards provided by subdivision 1, whether detention
should be continued. If detention is continued thereafter,
informal reviews such as these shall be held within every eight
days, excluding Saturdays, Sundays and holidays, of the child's
detention.
A hearing, rather than an informal review of the child's
case file, shall be held at the request of any one of the
parties notified pursuant to subdivision 3, if that party
notifies the court of a wish to present to the court new
evidence concerning whether the child should be continued in
detention or notifies the court of a wish to present an
alternate placement arrangement to provide for the safety and
protection of the child. [260.172, subd. 4 (omitting child
protection-related text)]
Sec. 26. [260B.181] [PLACE OF TEMPORARY CUSTODY; SHELTER
CARE FACILITY.]
Subdivision 1. [TEMPORARY CUSTODY.] A child taken into
custody pursuant to section 260.165 may be detained for up to 24
hours in a shelter care facility, secure detention facility, or,
if there is no secure detention facility available for use by
the county having jurisdiction over the child, in a jail or
other facility for the confinement of adults who have been
charged with or convicted of a crime in quarters separate from
any adult confined in the facility which has been approved for
the detention of juveniles by the commissioner of corrections.
At the end of the 24 hour detention any child requiring further
detention may be detained only as provided in this section.
[260.173, subd. 1]
Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the
provisions of subdivision 1, if the child had been taken into
custody pursuant to section 260B.175, subdivision 1, clause (a),
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, a
designated caregiver under chapter 257A, 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. [260.173, subd. 2]
Subd. 3. [PLACEMENT.] If the child had been taken into
custody and detained as one who is alleged to be delinquent or a
juvenile petty 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 or a
juvenile petty 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. [260.173, subd. 3 (omitting child protection-related
text)]
Subd. 4. [DETENTION IN FACILITIES; TYPE; DURATION.] If a
child is taken into custody as one who:
(a) has allegedly committed an act which would constitute a
violation of a state law or a local ordinance if the child were
an adult; or
(b) is reasonably believed to have violated the terms of
probation, parole, or other field supervision under which the
child had been placed as a result of behavior described under
clause (a);
the child may be detained in a shelter care or secure juvenile
detention facility. If the child cannot be detained in another
type of detention facility, and if there is no secure juvenile
detention facility or existing acceptable detention alternative
available for juveniles within the county, a child described in
this subdivision may be detained up to 24 hours, excluding
Saturdays, Sundays, and holidays, or up to six hours in a
standard metropolitan statistical area, in a jail, lockup or
other facility used for the confinement of adults who have been
charged with or convicted of a crime, in quarters separate from
any adult confined in the facility which has been approved for
the detention of juveniles by the commissioner of corrections.
If continued detention in an adult jail is approved by the court
under section 260B.178, subdivision 2, and there is no juvenile
secure detention facility available for use by the county having
jurisdiction over the child, such child may be detained for no
more than eight days from and including the date of the original
detention order in separate quarters in any jail or other adult
facility for the confinement of persons charged with or
convicted of crime which has been approved by the commissioner
of corrections to be suitable for the detention of juveniles for
up to eight days. Except for children who have been referred
for prosecution pursuant to section 260B.125, and as hereinafter
provided, any child requiring secure detention for more than
eight days from and including the date of the original detention
order must be removed to an approved secure juvenile detention
facility. A child 16 years of age or older against whom a
motion to refer for prosecution is pending before the court may
be detained for more than eight days in separate quarters in a
jail or other facility which has been approved by the
commissioner of corrections for the detention of juveniles for
up to eight days after a hearing and subject to the periodic
reviews provided in section 260B.178. No child under the age of
14 may be detained in a jail, lockup or other facility used for
the confinement of adults who have been charged with or
convicted of a crime. [260.173, subd. 4]
Subd. 5. [STATE CORRECTIONAL INSTITUTION.] In order for a
child to be detained at a state correctional institution for
juveniles, the commissioner of corrections must first consent
thereto, and the county must agree to pay the costs of the
child's detention.
Where the commissioner directs that a child be detained in
an approved juvenile facility with the approval of the
administrative authority of the facility as provided in section
260B.176, subdivision 2, or subdivision 4 of this section, the
costs of such detention shall be a charge upon the county for
which the child is being detained. [260.173, subd. 5]
Sec. 27. [260B.185] [EXTENSION OF DETENTION PERIOD.]
Subdivision 1. [DETENTION.] Before July 1, 1999, and
pursuant to a request from an eight-day temporary holdover
facility, as defined in section 241.0221, the commissioner of
corrections, or the commissioner's designee, may grant a
one-time extension per child to the eight-day limit on detention
under this chapter. This extension may allow such a facility to
detain a child for up to 30 days including weekends and
holidays. Upon the expiration of the extension, the child may
not be transferred to another eight-day temporary holdover
facility. The commissioner shall develop criteria for granting
extensions under this section. These criteria must ensure that
the child be transferred to a long-term juvenile detention
facility as soon as such a transfer is possible. Nothing in
this section changes the requirements in section 260B.178
regarding the necessity of detention hearings to determine
whether continued detention of the child is proper. [260.1735,
subd. 1]
Subd. 2. [CONTINUED DETENTION.] (a) A delay not to exceed
48 hours may be made if the facility in which the child is
detained is located where conditions of distance to be traveled
or other ground transportation do not allow for court
appearances within 24 hours.
(b) A delay may be made if the facility is located where
conditions of safety exist. Time for an appearance may be
delayed until 24 hours after the time that conditions allow for
reasonably safe travel. "Conditions of safety" include adverse
life-threatening weather conditions that do not allow for
reasonably safe travel.
The continued detention of a child under paragraph (a) or
(b) must be reported to the commissioner of corrections.
[260.1735, subd. 2]
Sec. 28. [260B.188] [CHILDREN IN CUSTODY; RESPONSIBILITY
FOR MEDICAL CARE.]
Subdivision 1. [MEDICAL AID.] If a child is taken into
custody as provided in section 260B.175 and detained in a local
juvenile secure detention facility or shelter care facility, or
if a child is sentenced by the juvenile court to a local
correctional facility as defined in section 241.021, subdivision
1, paragraph (5), the child's county of residence shall pay the
costs of medical services provided to the child during the
period of time the child is residing in the facility. The
county of residence is entitled to reimbursement from the child
or the child's family for payment of medical bills to the extent
that the child or the child's family has the ability to pay for
the medical services. If there is a disagreement between the
county and the child or the child's family concerning the
ability to pay or whether the medical services were necessary,
the court with jurisdiction over the child shall determine the
extent, if any, of the child's or the family's ability to pay
for the medical services or whether the services are necessary.
If the child is covered by health or medical insurance or a
health plan when medical services are provided, the county
paying the costs of medical services has a right of subrogation
to be reimbursed by the insurance carrier or health plan for all
amounts spent by it for medical services to the child that are
covered by the insurance policy or health plan, in accordance
with the benefits, limitations, exclusions, provider
restrictions, and other provisions of the policy or health
plan. The county may maintain an action to enforce this
subrogation right. The county does not have a right of
subrogation against the medical assistance program, the
MinnesotaCare program, or the general assistance medical care
program. [260.174, subd. 1]
Subd. 2. [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of
its intake procedure for children, the official having custody
over the child shall ask the child or the child's family, as
appropriate, whether the child has health coverage. If the
child has coverage under a policy of accident and health
insurance regulated under chapter 62A, a health maintenance
contract regulated under chapter 62D, a group subscriber
contract regulated under chapter 62C, a health benefit
certificate regulated under chapter 64B, a self-insured plan, or
other health coverage, the child or the child's family, as
appropriate, shall provide to the official having custody over
the child the name of the carrier or administrator and other
information and authorizations necessary for the official having
custody over the child to obtain specific information about
coverage. [260.174, subd. 2]
Subd. 3. [OBTAINING HEALTH CARE IN COMPLIANCE WITH
COVERAGE.] A county board may authorize the officials having
custody over children to fulfill the county board's obligation
to provide the medical aid required by subdivision 1 in
accordance with the terms of the health plan covering the child,
where possible, subject to any rules and exceptions provided by
the county board. The official having custody over a child has
no obligation to the child or to the child's family to obtain
the child's health care in accordance with the child's health
coverage. [260.174, subd. 3]
Subd. 4. [SCOPE.] Subdivisions 1, 2, and 3 apply to any
medical aid, including dental care, provided to children held in
custody by the county as described in subdivision 1. [260.174,
subd. 4]
Sec. 29. [260B.193] [DISPOSITIONS; GENERAL PROVISIONS.]
Subdivision 1. [DISMISSAL OF PETITION.] Whenever the court
finds that the minor is not within the jurisdiction of the court
or that the facts alleged in the petition have not been proved,
it shall dismiss the petition. [260.181, subd. 1]
Subd. 2. [CONSIDERATION OF REPORTS.] Before making a
disposition in a case, or appointing a guardian for a child, the
court may consider any report or recommendation made by the
local social services agency, probation officer, licensed
child-placing agency, foster parent, guardian ad litem, tribal
representative, or other authorized advocate for the child or
child's family, a school district concerning the effect on
student transportation of placing a child in a school district
in which the child is not a resident, or any other information
deemed material by the court. [260.181, subd. 2 (omitting child
protection-related text)]
Subd. 3. [REPORTS; JUVENILES PLACED OUT OF
STATE.] Whenever a child is placed in a residential program
located outside of this state pursuant to a disposition order
issued under section 260B.198, the juvenile court administrator
shall report the following information to the state court
administrator:
(1) the fact that the placement is out of state;
(2) the type of placement; and
(3) the reason for the placement. [260.181, subd. 3a]
Subd. 4. [TERMINATION OF JURISDICTION.] (a) 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.
(b) The jurisdiction of the court over an extended
jurisdiction juvenile, with respect to the offense for which the
individual was convicted as an extended jurisdiction juvenile,
extends until the offender becomes 21 years of age, unless the
court terminates jurisdiction before that date.
(c) The juvenile court has jurisdiction to designate the
proceeding an extended jurisdiction juvenile prosecution, to
hold a certification hearing, or to conduct a trial, receive a
plea, or impose a disposition under section 260B.130,
subdivision 4, if:
(1) an adult is alleged to have committed an offense before
the adult's 18th birthday; and
(2) a petition is filed under section 260B.141 before
expiration of the time for filing under section 628.26 and
before the adult's 21st birthday.
The juvenile court lacks jurisdiction under this paragraph if
the adult demonstrates that the delay was purposefully caused by
the state in order to gain an unfair advantage.
(d) The district court has original and exclusive
jurisdiction over a proceeding:
(1) that involves an adult who is alleged to have committed
an offense before the adult's 18th birthday; and
(2) in which a criminal complaint is filed before
expiration of the time for filing under section 628.26 and after
the adult's 21st birthday.
The juvenile court retains jurisdiction if the adult
demonstrates that the delay in filing a criminal complaint was
purposefully caused by the state in order to gain an unfair
advantage.
(e) The juvenile court has jurisdiction over a person who
has been adjudicated delinquent until the person's 21st birthday
if the person fails to appear at any juvenile court hearing or
fails to appear at or absconds from any placement under a
juvenile court order. The juvenile court has jurisdiction over
a convicted extended jurisdiction juvenile who fails to appear
at any juvenile court hearing or fails to appear at or absconds
from any placement under section 260B.130, subdivision 4. The
juvenile court lacks jurisdiction under this paragraph if the
adult demonstrates that the delay was purposefully caused by the
state in order to gain an unfair advantage. [260.181, subd. 4]
Sec. 30. [260B.198] [DISPOSITIONS; DELINQUENT CHILD.]
Subdivision 1. [COURT ORDER, FINDINGS, REMEDIES,
TREATMENT.] If the court finds that the child is delinquent, it
shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the
child:
(a) Counsel the child or the parents, guardian, or
custodian;
(b) 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 child's 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, in a group foster care
facility which is under the management and supervision of said
commissioner;
(c) Subject to the supervision of the court, transfer legal
custody of the child to one of the following:
(1) a child-placing agency; or
(2) the local social services agency; or
(3) a reputable individual of good moral character. No
person may receive custody of two or more unrelated children
unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16; or
(4) a county home school, if the county maintains a home
school or enters into an agreement with a county home school; or
(5) 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;
(d) Transfer legal custody by commitment to the
commissioner of corrections;
(e) If the child is found to have violated a state or local
law or ordinance which has resulted in damage to the person or
property of another, the court may order the child to make
reasonable restitution for such damage;
(f) Require the child to pay a fine of up to $700; the
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(g) 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;
(h) If the court believes that it is in the best interests
of the child and of public safety that the driver's license of
the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the
cancellation of the child's license for any period up to the
child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before
the termination 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;
(i) If the court believes that it is in the best interest
of the child and of public safety that the child is enrolled in
school, the court may require the child to remain enrolled in a
public school until the child reaches the age of 18 or completes
all requirements needed to graduate from high school. Any child
enrolled in a public school under this paragraph is subject to
the provisions of the Pupil Fair Dismissal Act in chapter 127.
(j) If the child is petitioned and found by the court to
have committed a controlled substance offense under sections
152.021 to 152.027, the court shall determine whether the child
unlawfully possessed or sold the controlled substance while
driving a motor vehicle. If so, the court shall notify the
commissioner of public safety of its determination and order the
commissioner to revoke the child's driver's license for the
applicable time period specified in section 152.0271. If the
child does not have a driver's license or if the child's
driver's license is suspended or revoked at the time of the
delinquency finding, the commissioner shall, upon the child's
application for driver's license issuance or reinstatement,
delay the issuance or reinstatement of the child's driver's
license for the applicable time period specified in section
152.0271. Upon receipt of the court's order, the commissioner
is authorized to take the licensing action without a hearing.
(k) If the child is petitioned and found by the court to
have committed or attempted to commit an act in violation of
section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746,
subdivision 1; 609.79; or 617.23, or another offense arising out
of a delinquency petition based on one or more of those
sections, the court shall order an independent professional
assessment of the child's need for sex offender treatment. An
assessor providing an assessment for the court must be
experienced in the evaluation and treatment of juvenile sex
offenders. If the assessment indicates that the child is in need
of and amenable to sex offender treatment, the court shall
include in its disposition order a requirement that the child
undergo treatment. Notwithstanding section 13.42, 13.85,
144.335, 260B.171, or 626.556, the assessor has access to the
following private or confidential data on the child if access is
relevant and necessary for the assessment:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under section 260B.171; and
(5) local welfare agency records under section 626.556.
Data disclosed under this paragraph may be used only for
purposes of the assessment and may not be further disclosed to
any other person, except as authorized by law.
(l) If the child is found delinquent due to the commission
of an offense that would be a felony if committed by an adult,
the court shall make a specific finding on the record regarding
the juvenile's mental health and chemical dependency treatment
needs.
(m) Any order for a disposition authorized under this
section shall contain written findings of fact to support the
disposition ordered, and shall also set forth in writing the
following information:
(1) why the best interests of the child are served by the
disposition ordered; and
(2) what alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case. [260.185, subd. 1]
Subd. 2. [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If
the child is petitioned and found delinquent by the court, and
the court also finds that the child was in possession of a
firearm at the time of the offense, in addition to any other
disposition the court shall order that the firearm be
immediately seized and shall order that the child be required to
serve at least 100 hours of community work service unless the
child is placed in a residential treatment program or a juvenile
correctional facility. If the child is petitioned and found
delinquent by the court, and the court finds that the child was
in possession of a dangerous weapon in a school zone, as defined
in section 152.01, subdivision 14a, clauses (1) and (3), at the
time of the offense, the court also shall order that the child's
driver's license be canceled or driving privileges denied until
the child's 18th birthday. The court shall send a copy of its
order to the commissioner of public safety and, upon receipt of
the order, the commissioner is authorized to cancel the child's
driver's license or deny the child's driving privileges without
a hearing. [260.185, subd. 1a]
Subd. 3. [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY;
TRANSFERS.] An adjudicated juvenile may not be placed in a
licensed juvenile secure treatment facility unless the placement
is approved by the juvenile court. However, the program
administrator may determine the juvenile's length of stay in the
secure portion of the facility. The administrator shall notify
the court of any movement of juveniles from secure portions of
facilities. However, the court may, in its discretion, order
that the juveniles be moved back to secure portions of the
facility. [260.185, subd. 1b]
Subd. 4. [PLACEMENT OF JUVENILES IN SECURE FACILITIES;
REQUIREMENTS.] Before a postadjudication placement of a juvenile
in a secure treatment facility either inside or outside the
state, the court may:
(1) consider whether the juvenile has been adjudicated for
a felony offense against the person or that in addition to the
current adjudication, the juvenile has failed to appear in court
on one or more occasions or has run away from home on one or
more occasions;
(2) conduct a subjective assessment to determine whether
the child is a danger to self or others or would abscond from a
nonsecure facility or if the child's health or welfare would be
endangered if not placed in a secure facility;
(3) conduct a culturally appropriate psychological
evaluation which includes a functional assessment of anger and
abuse issues; and
(4) conduct an educational and physical assessment of the
juvenile.
In determining whether to order secure placement, the court
shall consider the necessity of:
(i) protecting the public;
(ii) protecting program residents and staff; and
(iii) preventing juveniles with histories of absconding
from leaving treatment programs. [260.185, subd. 1c]
Subd. 5. [EXPUNGEMENT.] Except when legal custody is
transferred under the provisions of subdivision 1, clause (d),
the court may expunge the adjudication of delinquency at any
time that it deems advisable. [260.185, subd. 2]
Subd. 6. [CONTINUANCE.] When it is in the best interests
of the child to do so and when the child has admitted the
allegations contained in the petition before the judge or
referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition
have been duly proven but, in either case, before a finding of
delinquency 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 of delinquency. During this continuance the court may
enter an order in accordance with the provisions of subdivision
1, clause (a) or (b) or enter an order to hold the child in
detention for a period not to exceed 15 days on any one order
for the purpose of completing any consideration, or any
investigation or examination ordered in accordance with the
provisions of section 260B.157. This subdivision does not apply
to an extended jurisdiction juvenile proceeding. [260.185,
subd. 3]
Subd. 7. [ENFORCEMENT OF RESTITUTION ORDERS.] If the court
orders payment of restitution and the child fails to pay the
restitution in accordance with the payment schedule or structure
established by the court or the probation officer, the child's
probation officer may, on the officer's own motion or at the
request of the victim, file a petition for violation of
probation or ask the court to hold a hearing to determine
whether the conditions of probation should be changed. The
child's probation officer shall ask for the hearing if the
restitution order has not been paid prior to 60 days before the
term of probation expires. The court shall schedule and hold
this hearing before the child's term of probation expires.
[260.185, subd. 3a]
Subd. 8. [ORDERS FOR SUPERVISION.] All orders for
supervision under subdivision 1, clause (b) shall be for an
indeterminate period unless otherwise specified by the court,
and shall be reviewed by the court at least annually. All
orders under subdivision 1, clause (c) shall be for a specified
length of time set by the court. However, before an order has
expired and upon the court's own motion or that of any
interested party, the court has continuing jurisdiction to renew
the order or, after notice to the parties and a hearing, make
some other disposition of the case, until the individual becomes
19 years of age. Any person to whom legal custody is
transferred shall report to the court in writing at such periods
as the court may direct. [260.185, subd. 4]
Subd. 9. [TRANSFER OF LEGAL CUSTODY ORDERS.] When the
court transfers legal custody of a child to any licensed
child-placing agency, county home school, local social services
agency, or the commissioner of corrections, it shall transmit
with the order transferring legal custody a copy of its findings
and a summary of its information concerning the child.
[260.185, subd. 5]
Subd. 10. [OUT-OF-STATE PLACEMENTS.] (a) A court may not
place a preadjudicated delinquent, an adjudicated delinquent, or
a convicted extended jurisdiction juvenile in a residential or
detention facility outside Minnesota unless the commissioner of
corrections has certified that the facility:
(1) meets or exceeds the standards for Minnesota
residential treatment programs set forth in rules adopted by the
commissioner of human services or the standards for juvenile
residential facilities set forth in rules adopted by the
commissioner of corrections or the standards for juvenile
detention facilities set forth in rules adopted by the
commissioner of corrections, as provided under paragraph (b);
and
(2) provides education, health, dental, and other necessary
care equivalent to that which the child would receive if placed
in a Minnesota facility licensed by the commissioner of
corrections or commissioner of human services.
(b) The interagency licensing agreement between the
commissioners of corrections and human services shall be used to
determine which rule shall be used for certification purposes
under this subdivision.
(c) The commissioner of corrections may charge each
facility evaluated a reasonable amount. Money received is
annually appropriated to the commissioner of corrections to
defray the costs of the certification program. [260.185, subd.
6]
Subd. 11. [PLACEMENT IN JUVENILE FACILITY.] A person who
has reached the age of 20 may not be kept in a residential
facility licensed by the commissioner of corrections together
with persons under the age of 20. The commissioner may adopt
criteria for allowing exceptions to this prohibition. [260.185,
subd. 7]
Sec. 31. [260B.225] [JUVENILE TRAFFIC OFFENDER;
PROCEDURES; DISPOSITIONS.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them.
(b) "Major traffic offense" includes any violation of a
state or local traffic law, ordinance, or regulation, or a
federal, state, or local water traffic law not included within
the provisions of clause (c).
(c) "Adult court traffic offense" means:
(1) a petty misdemeanor violation of a state or local
traffic law, ordinance, or regulation, or a petty misdemeanor
violation of a federal, state, or local water traffic law; or
(2) a violation of section 169.121, 169.129, or any other
misdemeanor- or gross misdemeanor-level traffic violation
committed as part of the same behavioral incident as a violation
of section 169.121 or 169.129. [260.193, subd. 1]
Subd. 2. [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who
commits a major traffic offense shall be adjudicated a "juvenile
highway traffic offender" or a "juvenile water traffic
offender," as the case may be, 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 260B.141, 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 relating
to juvenile courts. [260.193, subd. 2]
Subd. 3. [ADULT TRAFFIC OFFENSE.] Except as provided in
subdivision 4, a child who commits an adult court traffic
offense and at the time of the offense was at least 16 years old
shall be subject to the laws and court procedures controlling
adult traffic violators and shall not be under the jurisdiction
of the juvenile court. When a child is alleged to have
committed an adult court traffic offense and is at least 16
years old at the time of the offense, the peace officer making
the charge shall follow the arrest procedures prescribed in
section 169.91 and shall make reasonable effort to notify the
child's parent or guardian of the nature of the charge.
[260.193, subd. 3]
Subd. 4. [ORIGINAL JURISDICTION; JUVENILE COURT.] The
juvenile court shall have original jurisdiction over:
(1) all juveniles age 15 and under alleged to have
committed any traffic offense; and
(2) 16- and 17-year-olds alleged to have committed any
major traffic offense, except that the adult court has original
jurisdiction over:
(i) petty traffic misdemeanors not a part of the same
behavioral incident of a misdemeanor being handled in juvenile
court; and
(ii) violations of sections 169.121 (drivers under the
influence of alcohol or controlled substance) and 169.129
(aggravated driving while intoxicated), and any other
misdemeanor or gross misdemeanor level traffic violations
committed as part of the same behavioral incident of a violation
of section 169.121 or 169.129. [260.193, subd. 4]
Subd. 5. [MAJOR TRAFFIC OFFENSE PROCEDURES.] When a child
is alleged to have committed a major traffic offense, the peace
officer making the charge shall file a signed copy of the notice
to appear, as provided in section 169.91, with the juvenile
court of the county in which the violation occurred, and the
notice to appear has the effect of a petition and gives the
juvenile court jurisdiction. Filing with the court a notice to
appear containing the name and address of the child allegedly
committing a major traffic offense and specifying the offense
charged, the time and place of the alleged violation shall have
the effect of a petition and give the juvenile court
jurisdiction. Any reputable person having knowledge of a child
who commits a major traffic offense may petition the juvenile
court in the manner provided in section 260B.141. Whenever a
notice to appear or petition is filed alleging that a child is a
juvenile highway traffic offender or a juvenile water traffic
offender, the court shall summon and notify the persons required
to be summoned or notified as provided in sections 260B.151 and
260B.152. However, it is not necessary to (1) notify more than
one parent, or (2) publish any notice, or (3) personally serve
outside the state. [260.193, subd. 5]
Subd. 6. [DISPOSITION.] Before making a disposition of any
child found to be a juvenile major traffic offender or to have
violated a misdemeanor- or gross misdemeanor-level traffic law,
the court shall obtain from the department of public safety
information of any previous traffic violation by this juvenile.
In the case of a juvenile water traffic offender, the court
shall obtain from the office where the information is now or
hereafter may be kept information of any previous water traffic
violation by the juvenile. [260.193, subd. 6]
Subd. 7. [TRANSFER OF CASES.] If after a hearing the court
finds that the welfare of a juvenile major traffic offender or a
juvenile water traffic offender or the public safety would be
better served under the laws controlling adult traffic
violators, the court may transfer the case to any court of
competent jurisdiction presided over by a salaried judge if
there is one in the county. The juvenile court transfers the
case by forwarding to the appropriate court the documents in the
court's file together with an order to transfer. The court to
which the case is transferred shall proceed with the case as if
the jurisdiction of the juvenile court had never attached.
[260.193, subd. 7]
Subd. 8. [CRIMINAL COURT DISPOSITIONS; ADULT COURT TRAFFIC
OFFENDERS.] (a) A juvenile who is charged with an adult court
traffic offense in district court shall be treated as an adult
before trial, except that the juvenile may be held in secure,
pretrial custody only in a secure juvenile detention facility.
(b) A juvenile who is convicted of an adult court traffic
offense in district court shall be treated as an adult for
sentencing purposes, except that the court may order the
juvenile placed out of the home only in a residential treatment
facility or in a juvenile correctional facility.
(c) The disposition of an adult court traffic offender
remains with the county in which the adjudication occurred.
[260.193, subd. 7a]
Subd. 9. [JUVENILE MAJOR HIGHWAY OR WATER TRAFFIC
OFFENDER.] If the juvenile court finds that the child is a
juvenile major highway or water traffic offender, it may make
any one or more of the following dispositions of the case:
(a) Reprimand the child and counsel with the child and the
parents;
(b) Continue the case for a reasonable period under such
conditions governing the child's use and operation of any motor
vehicles or boat as the court may set;
(c) Require the child to attend a driver improvement school
if one is available within the county;
(d) Recommend to the department of public safety suspension
of the child's driver's license as provided in section 171.16;
(e) If the child is found to have committed two moving
highway traffic violations or to have contributed to a highway
accident involving death, injury, or physical damage in excess
of $100, the court may recommend to the commissioner of public
safety or to the licensing authority of another state the
cancellation of the child's license until the child reaches the
age of 18 years, and the commissioner of public safety is hereby
authorized to cancel the license without hearing. At any time
before the termination of the period of cancellation, the court
may, for good cause, recommend to the commissioner of public
safety, or to the licensing authority of another state, that the
child's license be returned, and the commissioner of public
safety is authorized to return the license;
(f) Place the child under the supervision of a probation
officer in the child's own home under conditions prescribed by
the court including reasonable rules relating to operation and
use of motor vehicles or boats directed to the correction of the
child's driving habits;
(g) If the child is found to have violated a state or local
law or ordinance and the violation resulted in damage to the
person or property of another, the court may order the child to
make reasonable restitution for the damage;
(h) Require the child to pay a fine of up to $700. The
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(i) If the court finds that the child committed an offense
described in section 169.121, the court shall order that a
chemical use assessment be conducted and a report submitted to
the court in the manner prescribed in section 169.126. If the
assessment concludes that the child meets the level of care
criteria for placement under rules adopted under section
254A.03, subdivision 3, the report must recommend a level of
care for the child. The court may require that level of care in
its disposition order. In addition, the court may require any
child ordered to undergo an assessment to pay a chemical
dependency assessment charge of $75. The court shall forward
the assessment charge to the commissioner of finance to be
credited to the general fund. The state shall reimburse
counties for the total cost of the assessment in the manner
provided in section 169.126, subdivision 4c. [260.193, subd. 8]
Subd. 10. [RECORDS.] The juvenile court records of
juvenile highway traffic offenders and juvenile water traffic
offenders shall be kept separate from delinquency matters.
[260.193, subd. 10]
Sec. 32. [260B.235] [PETTY OFFENDERS; PROCEDURES;
DISPOSITIONS.]
Subdivision 1. [ADJUDICATION.] A petty offender who has
committed a juvenile alcohol or controlled substance offense
shall be adjudicated a "petty 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 260B.141, 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. [260.195, subd. 1]
Subd. 2. [PROCEDURE.] When a peace officer has probable
cause to believe that a child is a 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 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 petty offender may petition the
juvenile court in the manner provided in section 260B.141.
Whenever a notice to appear or petition is filed alleging that a
child is a 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 260B.151, 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 260B.175 and 260B.176
shall apply. [260.195, subd. 2]
Subd. 3. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except
as otherwise provided in section 260B.163, subdivision 4, a
child alleged to be a juvenile petty offender may be represented
by counsel, but does not have a right to appointment of a public
defender or other counsel at public expense. [260.195, subd.
2a]
Subd. 4. [DISPOSITIONS.] If the juvenile court finds that
a child is a petty offender, the court may:
(a) require the child to pay a fine of up to $100;
(b) require the child to participate in a community service
project;
(c) require the child to participate in a drug awareness
program;
(d) place the child on probation for up to six months;
(e) order the child to undergo a chemical dependency
evaluation and if warranted by this evaluation, order
participation by the child in an outpatient chemical dependency
treatment program;
(f) order the child to make restitution to the victim; or
(g) perform any other activities or participate in any
other outpatient 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 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's
license, permit or Minnesota identification card 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 suspend the child's license or permit for
a period of 90 days.
In all cases where the juvenile court finds that a child
has purchased or attempted to purchase tobacco in violation of
section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's
license, permit, or Minnesota identification card to purchase or
attempt to purchase tobacco, 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 suspend the child's license or permit for a period of 90
days.
None of the dispositional alternatives described in clauses
(a) to (f) shall be imposed by the court in a manner which would
cause an undue hardship upon the child. [260.195, subd. 3]
Subd. 5. [ENHANCED DISPOSITIONS.] If the juvenile court
finds that a child has committed a second or subsequent juvenile
alcohol or controlled substance offense, the court may impose
any of the dispositional alternatives described in paragraphs
(a) to (c). If the juvenile court finds that a child has
committed a second or subsequent juvenile tobacco offense, the
court may impose any of the dispositional alternatives described
in paragraphs (a) to (c).
(a) The court may impose any of the dispositional
alternatives described in subdivision 3, clauses (a) to (f).
(b) If the adjudicated petty offender has a driver's
license or permit, the court may forward the license or permit
to the commissioner of public safety. The commissioner shall
revoke the petty offender's driver's license or permit until the
offender reaches the age of 18 years or for a period of one
year, whichever is longer.
(c) If the adjudicated petty offender has a driver's
license or permit, the court may suspend the driver's license or
permit for a period of up to 90 days, but may allow the offender
driving privileges as necessary to travel to and from work.
(d) If the adjudicated petty offender does not have a
driver's license or permit, the court may prepare an order of
denial of driving privileges. The order must provide that the
petty offender will not be granted driving privileges until the
offender reaches the age of 18 years or for a period of one
year, whichever is longer. The court shall forward the order to
the commissioner of public safety. The commissioner shall deny
the offender's eligibility for a driver's license under section
171.04, for the period stated in the court order. [260.195,
subd. 3a]
Subd. 6. [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 has committed
a juvenile alcohol or controlled substance 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. [260.195, subd. 4]
Subd. 7. [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.
[260.195, subd. 5]
Subd. 8. [REPORT.] The juvenile court shall report to the
office of state court administrator each disposition made under
this section and section 260B.198 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.
[260.195, subd. 6]
Subd. 9. [EXPUNGEMENT.] The court may expunge the
adjudication of a child as a petty offender at any time it deems
advisable. [260.195, subd. 7]
Sec. 33. [260B.245] [EFFECT OF JUVENILE COURT
PROCEEDINGS.]
Subdivision 1. [EFFECT.] (a) No adjudication upon the
status of any child in the jurisdiction of the juvenile court
shall operate to impose any of the civil disabilities imposed by
conviction, nor shall any child be deemed a criminal by reason
of this adjudication, nor shall this adjudication be deemed a
conviction of crime, except as otherwise provided in this
section or section 260B.255. An extended jurisdiction juvenile
conviction shall be treated in the same manner as an adult
felony criminal conviction for purposes of the sentencing
guidelines. The disposition of the child or any evidence given
by the child in the juvenile court shall not be admissible as
evidence against the child in any case or proceeding in any
other court, except that an adjudication may later be used to
determine a proper sentence, nor shall the disposition or
evidence disqualify the child in any future civil service
examination, appointment, or application.
(b) A person who was adjudicated delinquent for, or
convicted as an extended jurisdiction juvenile of, a crime of
violence as defined in section 624.712, subdivision 5, is not
entitled to ship, transport, possess, or receive a firearm until
ten years have elapsed since the person was discharged and
during that time the person was not convicted of any other crime
of violence. A person who has received a relief of disability
under United States Code, title 18, section 925, is not subject
to the restrictions of this subdivision. [260.211, subd. 1]
Subd. 2. [CONSTRUCTION.] Nothing contained in this section
shall be construed to relate to subsequent proceedings in
juvenile court, nor shall preclude the juvenile court, under
circumstances other than those specifically prohibited in
subdivision 1, from disclosing information to qualified persons
if the court considers such disclosure to be in the best
interests of the child or of the administration of justice.
[260.211, subd. 2]
Sec. 34. [260B.255] [JUVENILE COURT DISPOSITION BARS
CRIMINAL PROCEEDING.]
Subdivision 1. [CERTAIN VIOLATIONS NOT CRIMES.] A
violation of a state or local law or ordinance by a child before
becoming 18 years of age is not a crime unless the juvenile
court:
(1) certifies the matter in accordance with the provisions
of section 260.125;
(2) transfers the matter to a court in accordance with the
provisions of section 260B.225; or
(3) convicts the child as an extended jurisdiction juvenile
and subsequently executes the adult sentence under section
260B.130, subdivision 5. [260.215, subd. 1]
Subd. 2. [PENALTY.] Except for matters referred to the
prosecuting authority under the provisions of this section or to
a court in accordance with the provisions of section 260B.225,
any peace officer knowingly bringing charges against a child in
a court other than a juvenile court for violating a state or
local law or ordinance is guilty of a misdemeanor. This
subdivision does not apply to complaints brought for the
purposes of extradition. [260.215, subd. 2]
Sec. 35. [260B.331] [COSTS OF CARE.]
Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a) (1)
Whenever legal custody of a child is transferred by the court to
a local social services agency, or
(2) whenever legal custody is transferred to a person other
than the local social services agency, but under the supervision
of the local social services agency,
(3) whenever a child is given physical or mental
examinations or treatment under order of the court, and no
provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge
upon the welfare funds of the county in which proceedings are
held upon certification of the judge of juvenile court.
(b) The court shall order, and the local social services
agency shall require, the parents or custodian of a child, while
the child is under the age of 18, to use the total income and
resources attributable to the child for the period of care,
examination, or treatment, except for clothing and personal
needs allowance as provided in section 256B.35, to reimburse the
county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not
limited to, social security benefits, supplemental security
income (SSI), veterans benefits, railroad retirement benefits
and child support. When the child is over the age of 18, and
continues to receive care, examination, or treatment, the court
shall order, and the local social services agency shall require,
reimbursement from the child for the cost of care, examination,
or treatment from the income and resources attributable to the
child less the clothing and personal needs allowance.
(c) If the income and resources attributable to the child
are not enough to reimburse the county for the full cost of the
care, examination, or treatment, the court shall inquire into
the ability of the parents to support the child and, after
giving the parents a reasonable opportunity to be heard, the
court shall order, and the local social services agency shall
require, the parents to contribute to the cost of care,
examination, or treatment of the child. Except in delinquency
cases where the victim is a member of the child's immediate
family, when determining the amount to be contributed by the
parents, the court shall use a fee schedule based upon ability
to pay that is established by the local social services agency
and approved by the commissioner of human services. In
delinquency cases where the victim is a member of the child's
immediate family, the court shall use the fee schedule, but may
also take into account the seriousness of the offense and any
expenses which the parents have incurred as a result of the
offense. The income of a stepparent who has not adopted a child
shall be excluded in calculating the parental contribution under
this section.
(d) The court shall order the amount of reimbursement
attributable to the parents or custodian, or attributable to the
child, or attributable to both sources, withheld under chapter
518 from the income of the parents or the custodian of the
child. A parent or custodian who fails to pay without good
reason may be proceeded against for contempt, or the court may
inform the county attorney, who shall proceed to collect the
unpaid sums, or both procedures may be used.
(e) If the court orders a physical or mental examination
for a child, the examination is a medically necessary service
for purposes of determining whether the service is covered by a
health insurance policy, health maintenance contract, or other
health coverage plan. Court-ordered treatment shall be subject
to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, copayments or
deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other
medically necessary services. [260.251, subd. 1]
Subd. 2. [COST OF GROUP FOSTER CARE.] Whenever a child is
placed in a group foster care facility as provided in section
260B.198, subdivision 1, clause (b) or (c), item (5), the cost
of providing the care shall, upon certification by the juvenile
court, be paid from the welfare fund of the county in which the
proceedings were held. To reimburse the counties for the costs
of providing group foster care for delinquent children and to
promote the establishment of suitable group foster homes, the
state shall quarterly, from funds appropriated for that purpose,
reimburse counties 50 percent of the costs not paid by federal
and other available state aids and grants. Reimbursement shall
be prorated if the appropriation is insufficient.
The commissioner of corrections shall establish procedures
for reimbursement and certify to the commissioner of finance
each county entitled to receive state aid under the provisions
of this subdivision. Upon receipt of a certificate the
commissioner of finance shall issue a state warrant to the
county treasurer for the amount due, together with a copy of the
certificate prepared by the commissioner of corrections.
[260.251, subd. 1a (omitting child protection-related text)]
Subd. 3. [COURT EXPENSES.] The following expenses are a
charge upon the county in which proceedings are held upon
certification of the judge of juvenile court or upon such other
authorization provided by law:
(a) The fees and mileage of witnesses, and the expenses and
mileage of officers serving notices and subpoenas ordered by the
court, as prescribed by law.
(b) The expenses for travel and board of the juvenile court
judge when holding court in places other than the county seat.
(c) The expense of transporting a child to a place
designated by a child-placing agency for the care of the child
if the court transfers legal custody to a child-placing agency.
(d) The expense of transporting a minor to a place
designated by the court.
(e) Reasonable compensation for an attorney appointed by
the court to serve as counsel or guardian ad litem. [260.251,
subd. 2]
Subd. 4. [LEGAL SETTLEMENT.] The county charged with the
costs and expenses under subdivisions 1 and 2 may recover these
costs and expenses from the county where the minor has legal
settlement for general assistance purposes by filing verified
claims which shall be payable as are other claims against the
county. A detailed statement of the facts upon which the claim
is based shall accompany the claim. If a dispute relating to
general assistance settlement arises, the local social services
agency of the county denying legal settlement shall send a
detailed statement of the facts upon which the claim is denied
together with a copy of the detailed statement of the facts upon
which the claim is based to the commissioner of human services.
The commissioner shall immediately investigate and determine the
question of general assistance settlement and shall certify
findings to the local social services agency of each county.
The decision of the commissioner is final and shall be complied
with unless, within 30 days thereafter, action is taken in
district court as provided in section 256.045. [260.251, subd.
3]
Subd. 5. [ATTORNEYS FEES.] In proceedings in which the
court has appointed counsel pursuant to section 260B.163,
subdivision 4, for a minor unable to employ counsel, the court
may inquire into the ability of the parents to pay for such
counsel's services and, after giving the parents a reasonable
opportunity to be heard, may order the parents to pay attorneys
fees. [260.251, subd. 4]
Subd. 6. [GUARDIAN AD LITEM FEES.] In proceedings in which
the court appoints a guardian ad litem pursuant to section
260B.163, subdivision 6, clause (a), the court may inquire into
the ability of the parents to pay for the guardian ad litem's
services and, after giving the parents a reasonable opportunity
to be heard, may order the parents to pay guardian fees.
[260.251, subd. 5]
Sec. 36. [260B.335] [CIVIL JURISDICTION OVER PERSONS
CONTRIBUTING TO DELINQUENCY OR STATUS AS A JUVENILE PETTY
OFFENDER; COURT ORDERS.]
Subdivision 1. [JURISDICTION.] The juvenile court has
civil jurisdiction over persons contributing to the delinquency
or status as a juvenile petty offender under the provisions of
this section. [260.255, subd. 1 (omitting child
protection-related text)]
Subd. 2. [PETITION; ORDER TO SHOW CAUSE.] A request for
jurisdiction over a person described in subdivision 1 shall be
initiated by the filing of a verified petition by the county
attorney having jurisdiction over the place where the child is
found, resides, or where the alleged act of contributing
occurred. A prior or pending petition alleging that the child
is delinquent or a juvenile petty offender is not a prerequisite
to a petition under this section. The petition shall allege the
factual basis for the claim that the person is contributing to
the child's delinquency or status as a juvenile petty offender.
If the court determines, upon review of the verified petition,
that probable cause exists to believe that the person has
contributed to the child's delinquency or status as a juvenile
petty offender, the court shall issue an order to show cause why
the person should not be subject to the jurisdiction of the
court. The order to show cause and a copy of the verified
petition shall be served personally upon the person and shall
set forth the time and place of the hearing to be conducted
under subdivision 3. [260.255, subd. 1a (omitting child
protection-related text)]
Subd. 3. [HEARING.] (a) The court shall conduct a hearing
on the petition in accordance with the procedures contained in
paragraph (b).
(b) Hearings under this subdivision shall be without a jury.
The rules of evidence promulgated pursuant to section 480.0591
shall apply. In all proceedings under this section, the court
shall admit only evidence that would be admissible in a civil
trial. When the respondent is an adult, hearings under this
subdivision shall be open to the public. Hearings shall be
conducted within five days of personal service of the order to
show cause and may be continued for a reasonable period of time
if a continuance is in the best interest of the child or in the
interests of justice.
(c) At the conclusion of the hearing, if the court finds by
a fair preponderance of the evidence that the person has
contributed to the child's delinquency or status as a juvenile
petty offender as defined in section 260B.425, the court may
make any of the following orders:
(1) restrain the person from any further act or omission in
violation of section 260B.425;
(2) prohibit the person from associating or communicating
in any manner with the child;
(3) require the person to participate in evaluation or
services determined necessary by the court to correct the
conditions that contributed to the child's delinquency or status
as a juvenile petty offender;
(4) require the person to provide supervision, treatment,
or other necessary care;
(5) require the person to pay restitution to a victim for
pecuniary damages arising from an act of the child relating to
the child's delinquency or status as a juvenile petty offender;
(6) require the person to pay the cost of services provided
to the child or for the child's protection; or
(7) require the person to provide for the child's
maintenance or care if the person is responsible for the
maintenance or care, and direct when, how, and where money for
the maintenance or care shall be paid. If the person is
receiving public assistance for the child's maintenance or care,
the court shall authorize the public agency responsible for
administering the public assistance funds to make payments
directly to vendors for the cost of food, shelter, medical care,
utilities, and other necessary expenses.
(d) An order issued under this section shall be for a fixed
period of time, not to exceed one year. The order may be
renewed or modified prior to expiration upon notice and motion
when there has not been compliance with the court's order or the
order continues to be necessary to eliminate the contributing
behavior or to mitigate its effect on the child. [260.255,
subd. 2 (omitting child protection-related text)]
Subd. 4. [CRIMINAL PROCEEDINGS.] The county attorney may
bring both a criminal proceeding under section 260B.425 and a
civil action under this section. [260.255, subd. 3]
Sec. 37. [260B.411] [NEW EVIDENCE.]
A child whose status has been adjudicated by a juvenile
court, or the child's parent, guardian, custodian or spouse may,
at any time within 15 days of the filing of the court's order,
petition the court for a rehearing on the ground that new
evidence has been discovered affecting the advisability of the
court's original adjudication or disposition. Upon a showing
that such evidence does exist the court shall order that a new
hearing be held within 30 days, unless the court extends this
time period for good cause shown within the 30-day period, and
shall make such disposition of the case as the facts and the
best interests of the child warrant. [260.281]
Sec. 38. [260B.415] [APPEAL.]
Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.]
(a) An appeal may be taken by the aggrieved person from a final
order of the juvenile court affecting a substantial right of the
aggrieved person, including, but not limited to, an order
adjudging a child to be 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.
(b) An appeal may be taken by an aggrieved person from an
order of the juvenile court on the issue of certification of a
matter for prosecution under the laws and court procedures
controlling adult criminal violations. Certification appeals
shall be expedited as provided by applicable rules. [260.291,
subd. 1 (omitting child protection-related text)]
Subd. 2. [APPEAL.] The appeal from a juvenile court is
taken to the court of appeals as in civil cases, except as
provided in subdivision 1. [260.291, subd. 2]
Sec. 39. [260B.421] [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 having committed a delinquent act or a juvenile petty
offense may not be adjudicated as a delinquent solely on the
basis of having knowingly interfered with or disobeyed an order
of the court. [260.301]
Sec. 40. [260B.425] [CRIMINAL JURISDICTION FOR
CONTRIBUTING TO STATUS AS A JUVENILE PETTY OFFENDER OR
DELINQUENCY.]
Subdivision 1. [CRIMES.] (a) Any person who by act, word,
or omission encourages, causes, or contributes to delinquency of
a child or to a child's status as a juvenile petty offender, is
guilty of a gross misdemeanor.
(b) This section does not apply to licensed social service
agencies and outreach workers who, while acting within the scope
of their professional duties, provide services to runaway
children. [260.315, subd. 1 (omitting child protection-related
text)]
Subd. 2. [COMPLAINT; VENUE.] A complaint under this
section may be filed by the county attorney having jurisdiction
where the child is found, resides, or where the alleged act of
contributing occurred. The complaint may be filed in either the
juvenile or criminal divisions of the district court. A prior
or pending petition alleging that the child is delinquent, a
juvenile petty offender, or in need of protection or services is
not a prerequisite to a complaint or a conviction under this
section. [260.315, subd. 2]
Subd. 3. [AFFIRMATIVE DEFENSE.] If the child is alleged to
be delinquent or a juvenile petty offender, it is an affirmative
defense to a prosecution under subdivision 1 if the defendant
proves, by a preponderance of the evidence, that the defendant
took reasonable steps to control the child's conduct. [260.315,
subd. 3 (omitting child protection-related text)]
Sec. 41. [260B.441] [COST, PAYMENT.]
In addition to the usual care and services given by public
and private agencies, the necessary cost incurred by the
commissioner of human services in providing care for such child
shall be paid by the county committing such child which, subject
to uniform rules established by the commissioner of human
services, may receive a reimbursement not exceeding one-half of
such costs from funds made available for this purpose by the
legislature during the period beginning July 1, 1985, and ending
December 31, 1985. Beginning January 1, 1986, the necessary
cost incurred by the commissioner of human services in providing
care for the child must be paid by the county committing the
child. Where such child is eligible to receive a grant of aid
to families with dependent children, Minnesota family investment
program-statewide or supplemental security income for the aged,
blind, and disabled, or a foster care maintenance payment under
title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the child's needs shall be met through
these programs. [260.38]
Sec. 42. [260B.446] [DISTRIBUTION OF FUNDS RECOVERED FOR
ASSISTANCE FURNISHED.]
When any amount shall be recovered from any source for
assistance furnished under the provisions of sections 260B.001
to 260B.446, there shall be paid into the treasury of the state
or county in the proportion in which they have respectively
contributed toward the total assistance paid. [260.39]
ARTICLE 3
CHILD PROTECTION PROVISIONS
Section 1. [260C.001] [TITLE, INTENT, AND CONSTRUCTION.]
Subdivision 1. [CITATION.] Sections 260C.001 to 260C.451
may be cited as the child protection provisions of the Juvenile
Court Act. [260.011, subd. 1]
Subd. 2. [CHILD IN NEED OF PROTECTION SERVICES.] The
paramount consideration in all proceedings concerning a child
alleged or found to be in need of protection or services is the
health, safety, and best interests of the child. In proceedings
involving an American Indian child, as defined in section
260.755, subdivision 8, the best interests of the child must be
determined consistent with sections 260.751 to 260.835 and the
Indian Child Welfare Act, United States Code, title 25, sections
1901 to 1923. The purpose of the laws relating to juvenile
courts is to secure for each child alleged or adjudicated 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 best serve the spiritual, emotional, mental, and
physical welfare of the child; to provide judicial procedures
which protect the welfare of the child; to preserve and
strengthen the child's family ties whenever possible and in the
child's best interests, 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 and in the child's best
interests, to secure for the child custody, care and discipline
as nearly as possible equivalent to that which should have been
given by the parents. [260.011, subd. 2, para (a)]
Subd. 3. [TERMINATION OF PARENTAL RIGHTS.] The purpose of
the laws relating to termination of parental rights is to ensure
that:
(1) reasonable efforts have been made by the social service
agency to reunite the child with the child's parents in a
placement that is safe and permanent; and
(2) if placement with the parents is not reasonably
foreseeable, to secure for the child a safe and permanent
placement, preferably with adoptive parents.
Nothing in this section requires reasonable efforts to be
made in circumstances where the court has determined that the
child has been subjected to egregious harm or the parental
rights of the parent to a sibling have been involuntarily
terminated.
The paramount consideration in all proceedings for the
termination of parental rights is the best interests of the
child. In proceedings involving an American Indian child, as
defined in section 257.351, subdivision 6, the best interests of
the child must be determined consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901,
et seq. [260.011, subd. 2, para (b)]
Subd. 4. [CONSTRUCTION.] The laws relating to the child
protection provisions of the juvenile courts shall be liberally
construed to carry out these purposes. [260.011, subd. 2, para
(d)]
Sec. 2. [260C.007] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in this chapter, the terms
defined in this section have the same meanings given to them.
[260.015, subd. 1]
Subd. 2. [AGENCY.] "Agency" means the local social service
agency or a licensed child-placing agency. [260.015, subd. 1a]
Subd. 3. [CHILD.] "Child" means an individual under 18
years of age. [260.015, subd. 2 (omitting delinquency-related
text)]
Subd. 4. [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)(i) has been a victim of physical or sexual abuse, (ii)
resides with or has resided with a victim of domestic child
abuse as defined in subdivision 25, (iii) resides with or would
reside with a perpetrator of domestic child abuse or child abuse
as defined in subdivision 25, or (iv) is a victim of emotional
maltreatment as defined in subdivision 8;
(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 behavior, condition, or environment is
such as to be injurious or dangerous to the child or others. An
injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the
child's home;
(10) is experiencing growth delays, which may be referred
to as failure to thrive, that have been diagnosed by a physician
and are due to parental neglect;
(11) has engaged in prostitution as defined in section
609.321, subdivision 9;
(12) has committed a delinquent act or a juvenile petty
offense before becoming ten years old;
(13) is a runaway;
(14) is an habitual truant;
(15) has been found incompetent to proceed or has been
found not guilty by reason of mental illness or mental
deficiency in connection with a delinquency proceeding, a
certification under section 260.125, an extended jurisdiction
juvenile prosecution, or a proceeding involving a juvenile petty
offense;
(16) is one whose custodial parent's parental rights to
another child have been involuntarily terminated within the past
five years; or
(17) has been found by the court to have committed domestic
abuse perpetrated by a minor under Laws 1997, chapter 239,
article 10, sections 2 to 26, has been ordered excluded from the
child's parent's home by an order for protection/minor
respondent, and the parent or guardian is either unwilling or
unable to provide an alternative safe living arrangement for the
child. [260.015, subd. 2a]
Subd. 5. [CHILD-PLACING AGENCY.] "Child-placing agency"
means anyone licensed under sections 245A.01 to 245A.16 and
252.28, subdivision 2. [260.015, subd. 3]
Subd. 6. [COURT.] "Court" means juvenile court unless
otherwise specified in this section. [260.015, subd. 4]
Subd. 7. [DELINQUENT CHILD.] "Delinquent child" means a
child:
(1) who has violated any state or local law, except as
provided in section 260B.225, subdivision 1, and except for
juvenile offenders as described in subdivisions 19 and 20; or
(2) who has violated a federal law or a law of another
state and whose case has been referred to the juvenile court if
the violation would be an act of delinquency if committed in
this state or a crime or offense if committed by an adult.
[260.015, subd. 5 (omitting delinquency-related text)]
Subd. 8. [EMOTIONAL MALTREATMENT.] "Emotional
maltreatment" means the consistent, deliberate infliction of
mental harm on a child by a person responsible for the child's
care, that has an observable, sustained, and adverse effect on
the child's physical, mental, or emotional development.
"Emotional maltreatment" does not include reasonable training or
discipline administered by the person responsible for the
child's care or the reasonable exercise of authority by that
person. [260.015, subd. 5a]
Subd. 9. [FOSTER CARE.] "Foster care" means the 24 hour a
day care of a child in any facility which for gain or otherwise
regularly provides one or more children, when unaccompanied by
their parents, with a substitute for the care, food, lodging,
training, education, supervision or treatment they need but
which for any reason cannot be furnished by their parents or
legal guardians in their homes. [260.015, subd. 7]
Subd. 10. [LEGAL CUSTODY.] "Legal custody" means the right
to the care, custody, and control of a child who has been taken
from a parent by the court in accordance with the provisions of
section 260C.201 or 260C.317. The expenses of legal custody are
paid in accordance with the provisions of section 260C.331.
[260.015, subd. 8 (omitting delinquency-related text)]
Subd. 11. [MINOR.] "Minor" means an individual under 18
years of age. [260.015, subd. 9]
Subd. 12. [PARENT.] "Parent" means the birth or adoptive
parent of a minor. For an Indian child, parent includes any
Indian person who has adopted a child by tribal law or custom,
as provided in section 260.755, subdivision 14. [260.015, subd.
11]
Subd. 13. [PERSON.] "Person" includes any individual,
association, corporation, partnership, and the state or any of
its political subdivisions, departments, or agencies. [260.015,
subd. 12]
Subd. 14. [RELATIVE.] "Relative" means a parent,
stepparent, grandparent, brother, sister, uncle, or aunt of the
minor. This relationship may be by blood or marriage. For an
Indian child, relative includes members of the extended family
as defined by the law or custom of the Indian child's tribe or,
in the absence of laws or custom, nieces, nephews, or first or
second cousins, as provided in the Indian Child Welfare Act of
1978, United States Code, title 25, section 1903. For purposes
of dispositions, relative has the meaning given in section
260C.193, subdivision 3. [260.015, subd. 13]
Subd. 15. [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 260.755, subdivision 10.
[260.015, subd. 14]
Subd. 16. [SECURE DETENTION FACILITY.] "Secure detention
facility" means a physically restricting facility, including but
not limited to a jail, a hospital, a state institution, a
residential treatment center, or a detention home used for the
temporary care of a child pending court action.
Subd. 17. [SHELTER CARE FACILITY.] "Shelter care facility"
means a physically unrestricting facility, such as but not
limited to, a hospital, a group home or a licensed facility for
foster care, used for the temporary care of a child pending
court action. [260.015, subd. 17]
Subd. 18. [NEGLECTED AND IN FOSTER CARE.] "Neglected and
in foster care" means a child
(a) Who has been placed in foster care by court order; and
(b) Whose parents' circumstances, condition, or conduct are
such that the child cannot be returned to them; and
(c) Whose parents, despite the availability of needed
rehabilitative services, have failed to make reasonable efforts
to adjust their circumstances, condition or conduct, or have
willfully failed to meet reasonable expectations with regard to
visiting the child or providing financial support for the child.
[260.015, subd. 18]
Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a
child under the age of 16 years who is absent from attendance at
school without lawful excuse for seven school days if the child
is in elementary school or for one or more class periods on
seven school days if the child is in middle school, junior high
school, or high school, or a child who is 16 or 17 years of age
who is absent from attendance at school without lawful excuse
for one or more class periods on seven school days and who has
not lawfully withdrawn from school under section 120A.22,
subdivision 6. [260.015, subd. 19]
Subd. 20. [RUNAWAY.] "Runaway" means an unmarried child
under the age of 18 years who is absent from the home of a
parent or other lawful placement without the consent of the
parent, guardian, or lawful custodian. [260.015, subd. 20]
Subd. 21. [DOMESTIC CHILD ABUSE.] "Domestic child abuse"
means:
(1) any physical injury to a minor family or household
member inflicted by an adult family or household member other
than by accidental means; or
(2) subjection of a minor family or household member by an
adult family or household member to any act which constitutes a
violation of sections 609.321 to 609.324, 609.342, 609.343,
609.344, 609.345, or 617.246. [260.015, subd. 24]
Subd. 22. [FAMILY OR HOUSEHOLD MEMBERS.] "Family or
household members" means spouses, former spouses, parents and
children, persons related by blood, and persons who are
presently residing together or who have resided together in the
past, and persons who have a child in common regardless of
whether they have been married or have lived together at any
time. [260.015, subd. 25]
Subd. 23. [INDIAN.] "Indian," consistent with section
260.755, subdivision 7, means a person who is a member of an
Indian tribe or who is an Alaskan native and a member of a
regional corporation as defined in section 7 of the Alaska
Native Claims Settlement Act, United States Code, title 43,
section 1606. [260.015, subd. 26]
Subd. 24. [INDIAN CHILD.] "Indian child," consistent with
section 260.755, subdivision 8, means an unmarried person who is
under age 18 and is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian tribe. [260.015,
subd. 27]
Subd. 25. [CHILD ABUSE.] "Child abuse" means an act that
involves a minor victim and that constitutes a violation of
section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322,
609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377,
609.378, or 617.246. [260.015, subd. 28]
Subd. 26. [EGREGIOUS HARM.] "Egregious harm" means the
infliction of bodily harm to a child or neglect of a child which
demonstrates a grossly inadequate ability to provide minimally
adequate parental care. The egregious harm need not have
occurred in the state or in the county where a termination of
parental rights action is otherwise properly venued. Egregious
harm includes, but is not limited to:
(1) conduct towards a child that constitutes a violation of
sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or
any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child,
as defined in section 609.02, subdivision 7a;
(3) conduct towards a child that constitutes felony
malicious punishment of a child under section 609.377;
(4) conduct towards a child that constitutes felony
unreasonable restraint of a child under section 609.255,
subdivision 3;
(5) conduct towards a child that constitutes felony neglect
or endangerment of a child under section 609.378;
(6) conduct towards a child that constitutes assault under
section 609.221, 609.222, or 609.223;
(7) conduct towards a child that constitutes solicitation,
inducement, or promotion of, or receiving profit derived from
prostitution under section 609.322;
(8) conduct toward a child that constitutes murder or
voluntary manslaughter as defined by United States Code, title
18, section 1111(a) or 1112(a); or
(9) conduct toward a child that constitutes aiding or
abetting, attempting, conspiring, or soliciting to commit a
murder or voluntary manslaughter that constitutes a violation of
United States Code, title 18, section 1111(a) or 1112(a).
[260.015, subd. 29]
Sec. 3. [260C.050] [EXPERT ASSISTANCE.]
In any county the court may provide for the physical and
mental diagnosis of cases of minors who are believed to be
physically handicapped, mentally ill, or mentally retarded, and
for such purpose may appoint professionally qualified persons,
whose compensation shall be fixed by the judge with the approval
of the county board. [260.092]
Sec. 4. [260C.101] [JURISDICTION.]
Subdivision 1. [CHILDREN IN NEED OF PROTECTION OR
SERVICES, OR NEGLECTED AND IN FOSTER CARE.] The juvenile court
has original and exclusive jurisdiction in proceedings
concerning any child who is alleged to be in need of protection
or services, or neglected and in foster care. [260.111, subd. 1
(omitting delinquency-related text)]
Subd. 2. [JURISDICTION OVER OTHER MATTERS RELATING TO
CHILDREN.] Except as provided in clause (d), the juvenile court
has original and exclusive jurisdiction in proceedings
concerning:
(a) The termination of parental rights to a child in
accordance with the provisions of sections 260C.301 to 260C.328.
(b) The appointment and removal of a juvenile court
guardian of the person for a child, where parental rights have
been terminated under the provisions of sections 260C.301 to
260C.328.
(c) Judicial consent to the marriage of a child when
required by law.
(d) The juvenile court in those counties in which the judge
of the probate-juvenile court has been admitted to the practice
of law in this state shall proceed under the laws relating to
adoptions in all adoption matters. In those counties in which
the judge of the probate-juvenile court has not been admitted to
the practice of law in this state the district court shall
proceed under the laws relating to adoptions in all adoption
matters.
(e) The review of the foster care status of a child who has
been placed in a residential facility, as defined in section
260C.212, subdivision 1, pursuant to a voluntary release by the
child's parent or parents. [260.111, subd. 2 (omitting
delinquency-related text)]
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 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.
[260.111, subd. 3]
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 260C.151 or
260C.152, 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 260C.201, subdivision 6. [260.111,
subd. 4]
Subd. 5. [JURISDICTION OVER INDIAN CHILDREN.] In a child
in need of protection or services proceeding, when an Indian
child is a ward of a tribal court with federally recognized
child welfare jurisdiction, the Indian tribe retains exclusive
jurisdiction notwithstanding the residence or domicile of an
Indian child, as provided in the Indian Child Welfare Act of
1978, United States Code, title 25, section 1911. [260.111,
subd. 5]
Sec. 5. [260C.121] [VENUE.]
Subdivision 1. [VENUE.] When it is alleged that a child is
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 conditions causing the child's need for
protection or services occurred. [260.121, subd. 1 (omitting
delinquency-related text)]
Subd. 2. [TRANSFER.] The judge of the juvenile court may
transfer any proceedings brought under section 260C.101, 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. 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 260C.143 and hear the case anew. [260.121,
subd. 2 (omitting delinquency-related text)]
Subd. 3. [RESIDENT OF ANOTHER STATE.] If it appears at any
stage of the proceeding that a child before the court is a
resident of another state, the court may invoke the provisions
of the interstate compact on juveniles or, if it is in the best
interests of the child or the public to do so, the court may
place the child in the custody of the child's parent, guardian,
or custodian, if the parent, guardian, or custodian agrees to
accept custody of the child and return the child to their state.
[260.121, subd. 3 (omitting delinquency-related text)]
Sec. 6. [260C.141] [PETITION.]
Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] (a) 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 in need of protection or services or neglected and
in foster care, may petition the juvenile court in the manner
provided in this section.
(b) A petition for a child in need of protection filed by
an individual who is not a county attorney or an agent of the
commissioner of human services shall be filed on a form
developed by the state court administrator and provided to court
administrators. Copies of the form may be obtained from the
court administrator in each county. The court administrator
shall review the petition before it is filed to determine that
it is completed. The court administrator may reject the
petition if it does not indicate that the petitioner has
contacted the local social service agency.
An individual may file a petition under this subdivision
without seeking internal review of the local social service
agency's decision. The court shall determine whether there is
probable cause to believe that a need for protection or services
exists before the matter is set for hearing. If the matter is
set for hearing, the court administrator shall notify the local
social service agency by sending notice to the county attorney.
The petition must contain:
(1) a statement of facts that would establish, if proven,
that there is a need for protection or services for the child
named in the petition;
(2) a statement that petitioner has reported the
circumstances underlying the petition to the local social
service agency, and protection or services were not provided to
the child;
(3) a statement whether there are existing juvenile or
family court custody orders or pending proceedings in juvenile
or family court concerning the child; and
(4) a statement of the relationship of the petitioner to
the child and any other parties.
The court may not allow a petition to proceed under this
paragraph if it appears that the sole purpose of the petition is
to modify custody between the parents. [260.131, subd. 1
(omitting delinquency-related text)]
Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social
service agency responsible for the placement of a child in a
residential facility, as defined in section 260C.212,
subdivision 1, pursuant to a voluntary release by the child's
parent or parents may bring a petition in juvenile court to
review the foster care status of the child in the manner
provided in this section. [260.131, subd. 1a]
Subd. 3. [CHILD IN NEED OF PROTECTION OR SERVICES;
HABITUAL TRUANT.] If there is a school attendance review board
or county attorney mediation program operating in the child's
school district, a petition alleging that a child is in need of
protection or services as a habitual truant under section
260.015, subdivision 2a, clause (12), may not be filed until the
applicable procedures under section 260A.06 or 260A.07 have been
followed. [260.131, subd. 1b]
Subd. 4. [VERIFICATION OF PETITION.] The petition shall be
verified by the person having knowledge of the facts and may be
on information and belief. Unless otherwise provided by this
section or by rule or order of the court, the county attorney
shall draft the petition upon the showing of reasonable grounds
to support the petition. [260.131, subd. 2]
Subd. 5. [FORM OF PETITION.] The petition and all
subsequent court documents shall be entitled substantially as
follows:
"Juvenile Court, County of .................
In the matter of the welfare of ..........."
The petition shall set forth plainly:
(a) The facts which bring the child within the jurisdiction
of the court;
(b) The name, date of birth, residence, and post office
address of the child;
(c) The names, residences, and post office addresses of the
child's parents;
(d) The name, residence, and post office address of the
child's guardian if there be one, of the person having custody
or control of the child, and of the nearest known relative if no
parent or guardian can be found;
(e) The spouse of the child, if there be one. If any of
the facts required by the petition are not known or cannot be
ascertained by the petitioner, the petition shall so state.
[260.131, subd. 3]
Subd. 6. [CONCURRENT JURISDICTION.] When a petition is
filed alleging that a child has engaged in prostitution as
defined in section 609.321, subdivision 9, the county attorney
shall determine whether concurrent jurisdiction is necessary to
provide appropriate intervention and, if so, proceed to file a
petition alleging the child to be both delinquent and in need of
protection or services. [260.131, subd. 5]
Sec. 7. [260C.143] [PROCEDURE; HABITUAL TRUANTS, RUNAWAYS,
OFFENDERS.]
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 in need of protection
or services under section 260C.007, subdivision 4, clause (13)
or (14), 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. If there is a school
attendance review board or county attorney mediation program
operating in the child's school district, a notice to appear in
juvenile court for a habitual truant may not be issued until the
applicable procedures under section 260A.06 or 260A.07 have been
followed. 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 260C.175 and 260C.176 shall apply. [260.132, subd. 1
(omitting delinquency-related text)]
Subd. 2. [EFFECT OF NOTICE.] Filing with the court a
notice to appear containing the name and address of the child,
specifying the offense alleged and the time and place it was
committed, has the effect of a petition giving the juvenile
court jurisdiction. In the case of running away, the place
where the offense was committed may be stated in the notice as
either the child's custodial parent's or guardian's residence or
lawful placement or where the child was found by the officer.
In the case of truancy, the place where the offense was
committed may be stated as the school or the place where the
child was found by the officer. [260.132, subd. 2]
Subd. 3. [NOTICE TO PARENT.] Whenever a notice to appear
or petition is filed alleging that a child is in need of
protection or services under section 260C.007, subdivision 4,
clause (13) or (14), 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 260C.151, subdivision 1.
[260.132, subd. 3 (omitting delinquency-related text)]
Subd. 4. [TRUANT.] When a peace officer or probation
officer has probable cause to believe that a child is currently
under age 16 and absent from school without lawful excuse, the
officer may transport the child to the child's home and deliver
the child to the custody of the child's parent or guardian,
transport the child to the child's school of enrollment and
deliver the child to the custody of a school superintendent or
teacher or transport the child to a truancy service center under
section 260A.04, subdivision 3. [260.132, subd. 4]
Sec. 8. [260C.148] [PROCEDURE; DOMESTIC CHILD ABUSE.]
Subdivision 1. [PETITION.] The local welfare agency may
bring an emergency petition on behalf of minor family or
household members seeking relief from acts of domestic child
abuse. The petition shall allege the existence of or immediate
and present danger of domestic child abuse, and shall be
accompanied by an affidavit made under oath stating the specific
facts and circumstances from which relief is sought. [260.133,
subd. 1]
Subd. 2. [TEMPORARY ORDER.] (a) 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.
(b) 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 petition with the court pursuant to section
260C.141, 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 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. [260.133, subd. 2]
Subd. 3. [SERVICE AND EXECUTION OF ORDER.] Any order
issued under this section or section 260C.201, subdivision 3,
shall be served personally upon the respondent. Where
necessary, the court shall order the sheriff or constable to
assist in service or execution of the order. [260.133, subd. 3]
Subd. 4. [MODIFICATION OF ORDER.] Upon application, notice
to all parties, and hearing, the court may modify the terms of
an existing order for protection issued under this section or
section 260C.201, subdivision 3. [260.133, subd. 4]
Subd. 5. [RIGHT TO APPLY FOR RELIEF.] The local welfare
agency's right to apply for relief on behalf of a child shall
not be affected by the child's leaving the dwelling or household
to avoid abuse. [260.133, subd. 5]
Subd. 6. [REAL ESTATE.] Nothing in this section or section
260C.201, subdivision 3, shall affect the title to real estate.
[260.133, subd. 6]
Subd. 7. [OTHER REMEDIES AVAILABLE.] Any relief ordered
under this section or section 260C.201, subdivision 3, shall be
in addition to other available civil or criminal remedies.
[260.133, subd. 7]
Subd. 8. [COPY TO LAW ENFORCEMENT AGENCY.] An order for
protection granted pursuant to this section or section 260C.201,
subdivision 3, shall be forwarded by the court administrator
within 24 hours to the local law enforcement agency with
jurisdiction over the residence of the child.
Each appropriate law enforcement agency shall make
available to other law enforcement officers through a system of
verification, information as to the existence and status of any
order for protection issued pursuant to this section or section
260C.201, subdivision 3. [260.133, subd. 8]
Sec. 9. [260C.151] [SUMMONS; NOTICE.]
Subdivision 1. [ISSUANCE OF SUMMONS.] 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 child in need of
protection or services or neglected and in foster care, that
contains allegations of child abuse over any other case. As
used in this subdivision, "child abuse" has the meaning given it
in section 630.36, subdivision 2. [260.135, subd. 1 (omitting
delinquency-related text)]
Subd. 2. [NOTICE OF PENDENCY OF CASE.] The court shall
have notice of the pendency of the case and of the time and
place of the hearing served upon a parent, guardian, or spouse
of the child, who has not been summoned as provided in
subdivision 1. For an Indian child, notice of all proceedings
must comply with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1901, et seq., and section
260.765. [260.135, subd. 2]
Subd. 3. [TERMINATION OF PARENTAL RIGHTS.] If a petition
alleging 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 local social services agency, the court administrator shall
notify the local social services agency of the pendency of the
case and of the time and place appointed. [260.135, subd. 3]
Subd. 4. [ISSUANCE OF SUBPOENA.] The court may issue a
subpoena requiring the appearance of any other person whose
presence, in the opinion of the court, is necessary. [260.135,
subd. 4]
Subd. 5. [IMMEDIATE CUSTODY.] If it appears from the
notarized petition or by sworn affidavit that there are
reasonable grounds to believe the child is in surroundings or
conditions which endanger the child's health, safety or welfare
and require that the child's custody be immediately assumed by
the court, the court may order, by endorsement upon the summons,
that the officer serving the summons shall take the child into
immediate custody. [260.135, subd. 5]
Sec. 10. [260C.152] [SERVICE OF SUMMONS, NOTICE.]
Subdivision 1. [NOTICE IN LIEU OF SUMMONS; PERSONAL
SERVICE.] The service of a summons or a notice in lieu of
summons shall be as provided in the rules of juvenile
procedure. [260.141, subd. 1a]
Subd. 2. [SERVICE; FEES.] Service of summons, notice, or
subpoena required by sections 260C.151 to 260C.307 shall be made
by any suitable person under the direction of the court, and
upon request of the court shall be made by a probation officer
or any peace officer. The fees and mileage of witnesses shall
be paid by the county if the subpoena is issued by the court on
its own motion or at the request of the county attorney. All
other fees shall be paid by the party requesting the subpoena
unless otherwise ordered by the court. [260.141, subd. 2]
Subd. 3. [NOTIFICATION.] In any proceeding regarding a
child in need of protection or services in a state court, where
the court knows or has reason to know that an Indian child is
involved, the prosecuting authority seeking the foster care
placement of, or termination of parental rights to an Indian
child, shall notify the parent or Indian custodian and the
Indian child's tribe of the pending proceedings and of their
right of intervention. The notice must be provided by
registered mail with return receipt requested unless personal
service is accomplished. If the identity or location of the
parent or Indian custodian and the tribe cannot be determined,
the notice shall be given to the Secretary of the Interior of
the United States in like manner, according to the Indian Child
Welfare Act of 1978, United States Code, title 25, section
1912. No foster care placement proceeding or termination of
parental rights proceeding shall be held until at least ten days
after receipt of notice by the parent or Indian custodian and
the tribe or the Secretary. However, the parent or Indian
custodian or the tribe shall, upon request, be granted up to 20
additional days to prepare for the proceeding. [260.141, subd.
2a]
Subd. 4. [PROOF OF SERVICE.] Proof of the service required
by this section shall be made by the person having knowledge
thereof. [260.141, subd. 3]
Subd. 5. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS
AND RELATIVES.] The foster parents, if any, of a child and any
preadoptive parent or relative providing care for the child must
be provided notice of and an opportunity to be heard in any
review or hearing to be held with respect to the child. Any
other relative may also request, and must be granted, a notice
and the opportunity to be heard under this section. This
subdivision does not require that a foster parent, preadoptive
parent, or relative providing care for the child be made a party
to a review or hearing solely on the basis of the notice and
opportunity to be heard. [260.141, subd. 4]
Sec. 11. [260C.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA;
CONTEMPT, ARREST.]
If any person personally served with summons or subpoena
fails, without reasonable cause, to appear or bring the child,
or if the court has reason to believe the person is avoiding
personal service, the person may be proceeded against for
contempt of court or the court may issue a warrant for the
person's arrest, or both. In any case when it appears to the
court that the service will be ineffectual, or that the welfare
of the child requires that the child be brought forthwith into
the custody of the court, the court may issue a warrant for
immediate custody of the child. [260.145 (omitting
delinquency-related text)]
Sec. 12. [260C.157] [INVESTIGATION; PHYSICAL AND MENTAL
EXAMINATION.]
Subdivision 1. [INVESTIGATION.] Upon request of the court
the local social services agency or probation officer shall
investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under
section 260C.101 and shall report its findings to the court.
The court may order any minor coming within its jurisdiction to
be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.
Adoption investigations shall be conducted in accordance
with the laws relating to adoptions. Any funds received under
the provisions of this subdivision shall not cancel until the
end of the fiscal year immediately following the fiscal year in
which the funds were received. The funds are available for use
by the commissioner of corrections during that period and are
hereby appropriated annually to the commissioner of corrections
as reimbursement of the costs of providing these services to the
juvenile courts. [260.151, subd. 1 (omitting
delinquency-related text)]
Subd. 2. [PETITION REQUIREMENT.] The court may proceed as
described in subdivision 1 only after a petition has been
filed. [260.151, subd. 2 (omitting delinquency-related text)]
Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The
local social services agency, at its option, may establish a
juvenile treatment screening team to conduct screenings and
prepare case plans under this subdivision. The team, which may
be the team constituted under section 245.4885 or 256B.092 or
Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of
social workers, juvenile justice professionals, and persons with
expertise in the treatment of juveniles who are emotionally
disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the
screening process as appropriate. The team may be the same team
as defined in section 260B.157, subdivision 3.
(b) This paragraph applies only in counties that have
established a juvenile treatment screening team under paragraph
(a). If the court, prior to, or as part of, a final
disposition, proposes to place a child for the primary purpose
of treatment for an emotional disturbance, a developmental
disability, or chemical dependency in a residential treatment
facility out of state or in one which is within the state and
licensed by the commissioner of human services under chapter
245A, the court shall notify the county welfare agency. The
county's juvenile treatment screening team must either: (1)
screen and evaluate the child and file its recommendations with
the court within 14 days of receipt of the notice; or (2) elect
not to screen a given case, and notify the court of that
decision within three working days.
(c) If the screening team has elected to screen and
evaluate the child, the child may not be placed for the primary
purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency, in a
residential treatment facility out of state nor in a residential
treatment facility within the state that is licensed under
chapter 245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency
requires the placement of the child in a facility within the
state;
(2) the screening team has evaluated the child and
recommended that a residential placement is necessary to meet
the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the
treatment needs, and that it will be of therapeutic value to the
child; or
(3) the court, having reviewed a screening team
recommendation against placement, determines to the contrary
that a residential placement is necessary. The court shall
state the reasons for its determination in writing, on the
record, and shall respond specifically to the findings and
recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the
child and the prosecuting attorney shall be afforded an
opportunity to be heard on the matter. [260.151, subd. 3]
Sec. 13. [260C.163] [HEARING.]
Subdivision 1. [GENERAL.] (a) Except for hearings arising
under section 260C.425, hearings on any matter shall be without
a jury and may be conducted in an informal manner. In all
adjudicatory proceedings involving a child alleged to be in need
of protection or services, the court shall admit only evidence
that would be admissible in a civil trial. To be proved at
trial, allegations of a petition alleging a child to be in need
of protection or services must be proved by clear and convincing
evidence.
(b) Except for proceedings involving a child alleged to be
in need of protection or services and petitions for the
termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child
alleged to be in need of protection or services and petitions
for the termination of parental rights, hearings may not be
continued or adjourned for more than one week unless the court
makes specific findings that the continuance or adjournment is
in the best interests of the child. If a hearing is held on a
petition involving physical or sexual abuse of a child who is
alleged to be in need of protection or services or neglected and
in foster care, the court shall file the decision with the court
administrator as soon as possible but no later than 15 days
after the matter is submitted to the court. When a continuance
or adjournment is ordered in any proceeding, the court may make
any interim orders as it deems in the best interests of the
minor in accordance with the provisions of sections 260C.001 to
260C.421.
(c) Except as otherwise provided in this paragraph, the
court shall exclude the general public from hearings under this
chapter 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.
(d) Adoption hearings shall be conducted in accordance with
the provisions of laws relating to adoptions. [260.155, subd. 1
(omitting delinquency-related text)]
Subd. 2. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child
who is the subject of a petition, and the parents, guardian, or
legal custodian of the child have the right to participate in
all proceedings on a petition. Official tribal representatives
have the right to participate in any proceeding that is subject
to the Indian Child Welfare Act of 1978, United States Code,
title 25, sections 1901 to 1963.
Any grandparent of the child has a right to participate in
the proceedings to the same extent as a parent, if the child has
lived with the grandparent within the two years preceding the
filing of the petition. At the first hearing following the
filing of a petition, the court shall ask whether the child has
lived with a grandparent within the last two years, except that
the court need not make this inquiry if the petition states that
the child did not live with a grandparent during this time
period. Failure to notify a grandparent of the proceedings is
not a jurisdictional defect.
If, in a proceeding involving a child in need of protection
or services, the local social service agency recommends transfer
of permanent legal and physical custody to a relative, the
relative has a right to participate as a party, and thereafter
shall receive notice of any hearing in the proceedings.
[260.155, subd. 1a]
Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian has the right to effective assistance of
counsel in connection with a proceeding in juvenile court.
(b) If they desire counsel but are unable to employ it, the
court shall appoint counsel to represent the child or the
parents or guardian in any case in which it feels that such an
appointment is appropriate.
(c) Counsel for the child shall not also act as the child's
guardian ad litem.
(d) In any proceeding where the subject of a petition for a
child in need of protection or services is not represented by an
attorney, the court shall determine the child's preferences
regarding the proceedings, if the child is of suitable age to
express a preference. [260.155, subd. 2 (omitting
delinquency-related text)]
Subd. 4. [COUNTY ATTORNEY.] Except in adoption
proceedings, the county attorney shall present the evidence upon
request of the court. In representing the agency, the county
attorney shall also have the responsibility for advancing the
public interest in the welfare of the child. [260.155, subd. 3]
Subd. 5. [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 a child's need for protection or services
under section 260C.007, subdivision 4. 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. The court may appoint
separate counsel for the guardian ad litem if necessary.
(b) A guardian ad litem shall carry out the following
responsibilities:
(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;
(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;
(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;
(4) monitor the child's best interests throughout the
judicial proceeding; and
(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.
(c) 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.
(d) 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 260C.141.
(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:
(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;
(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage. [260.155, subd. 4]
Subd. 6. [EXAMINATION OF CHILD.] In any child in need of
protection or services proceeding, neglected and in foster care,
or termination of parental rights 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 7. [260.155, subd.
4a]
Subd. 7. [WAIVING THE PRESENCE OF CHILD, PARENT.] The
court may waive the presence of the minor in court at any stage
of the proceedings when it is in the best interests of the minor
to do so. In any proceeding, the court may temporarily excuse
the presence of the parent or guardian of a minor from the
hearing when it is in the best interests of the minor to do so.
The attorney or guardian ad litem, if any, has the right to
continue to participate in proceedings during the absence of the
minor, parent, or guardian. [260.155, subd. 5 (omitting
delinquency-related text)]
Subd. 8. [RIGHTS OF THE PARTIES AT THE HEARING.] The minor
and the minor's parent, guardian, or custodian are entitled to
be heard, to present evidence material to the case, and to cross
examine witnesses appearing at the hearing. [260.155, subd. 6]
Subd. 9. [FACTORS IN DETERMINING NEGLECT.] In determining
whether a child is neglected and in foster care, the court shall
consider, among other factors, the following:
(1) the length of time the child has been in foster care;
(2) the effort the parent has made to adjust circumstances,
conduct, or condition that necessitates the removal of the child
to make it in the child's best interest to be returned to the
parent's home in the foreseeable future, including the use of
rehabilitative services offered to the parent;
(3) whether the parent has visited the child within the
three months preceding the filing of the petition, unless
extreme financial or physical hardship or treatment for mental
disability or chemical dependency or other good cause prevented
the parent from visiting the child or it was not in the best
interests of the child to be visited by the parent;
(4) the maintenance of regular contact or communication
with the agency or person temporarily responsible for the child;
(5) the appropriateness and adequacy of services provided
or offered to the parent to facilitate a reunion;
(6) whether additional services would be likely to bring
about lasting parental adjustment enabling a return of the child
to the parent within an ascertainable period of time, whether
the services have been offered to the parent, or, if services
were not offered, the reasons they were not offered; and
(7) the nature of the efforts made by the responsible
social service agency to rehabilitate and reunite the family,
and whether the efforts were reasonable. [260.155, subd. 7]
Subd. 10. [WAIVER.] (a) Waiver of any right which a child
has under this chapter must be an express waiver voluntarily and
intelligently made by the child after the child has been fully
and effectively informed of the right being waived. If a child
is not represented by counsel, any waiver must be given or any
objection must be offered by the child's guardian ad litem.
(b) Waiver of a child's right to be represented by counsel
provided under the juvenile court rules must be an express
waiver voluntarily and intelligently made by the child after the
child has been fully and effectively informed of the right being
waived. In determining whether a child has voluntarily and
intelligently waived the right to counsel, the court shall look
to the totality of the circumstances which includes but is not
limited to the child's age, maturity, intelligence, education,
experience, and ability to comprehend, and the presence and
competence of the child's parents, guardian, or guardian ad
litem. If the court accepts the child's waiver, it shall state
on the record the findings and conclusions that form the basis
for its decision to accept the waiver. [260.155, subd. 8]
Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL
NEGLECT.] A child's absence from school is presumed to be due to
the parent's, guardian's, or custodian's failure to comply with
compulsory instruction laws if the child is under 12 years old
and the school has made appropriate efforts to resolve the
child's attendance problems; this presumption may be rebutted
based on a showing by clear and convincing evidence that the
child is habitually truant. A child's absence from school
without lawful excuse, when the child is 12 years old or older,
is presumed to be due to the child's intent to be absent from
school; this presumption may be rebutted based on a showing by
clear and convincing evidence that the child's absence is due to
the failure of the child's parent, guardian, or custodian to
comply with compulsory instruction laws, sections 120.101 and
120.102. [260.15, subd. 9]
Sec. 14. [260C.165] [CERTAIN OUT-OF-COURT STATEMENTS
ADMISSIBLE.]
An out-of-court statement not otherwise admissible by
statute or rule of evidence, is admissible in evidence in any
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 statement was made by a child under the age of ten
years or by a child ten years of age or older who is mentally
impaired, as defined in section 609.341, subdivision 6;
(b) the statement alleges, explains, denies, or describes:
(1) any act of sexual penetration or contact performed with
or on the child;
(2) any act of sexual penetration or contact with or on
another child observed by the child making the statement;
(3) any act of physical abuse or neglect of the child by
another; or
(4) any act of physical abuse or neglect of another child
observed by the child making the statement;
(c) 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
(d) 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. [260.156]
Sec. 15. [260C.168] [COMPLIANCE WITH INDIAN CHILD WELFARE
ACT.]
The provisions of this chapter must be construed
consistently with the Indian Child Welfare Act of 1978, United
States Code, title 25, sections 1901 to 1963. [260.157]
Sec. 16. [260C.171] [RECORDS.]
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] The juvenile
court judge shall keep such minutes and in such manner as the
court deems necessary and proper. The juvenile court shall
provide, upon the request of any other juvenile court, copies of
the records concerning adjudications involving the particular
child.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
[260.161, subd. 1 (omitting delinquency-related text)]
Subd. 2. [PUBLIC INSPECTION OF RECORDS.] (a) The following
records from proceedings or portions of proceedings involving a
child in need of protection or services that are open to the
public as authorized by supreme court order and court rules are
accessible to the public unless the court determines that access
should be restricted because of the intensely personal nature of
the information:
(1) the summons and petition;
(2) affidavits of publication and service;
(3) certificates of representation;
(4) court orders;
(5) hearing and trial notices, witness lists, and
subpoenas;
(6) motions and legal memoranda;
(7) exhibits introduced at hearings or trial that are not
inaccessible under paragraph (b);
(8) birth certificates; and
(9) all other documents not listed as inaccessible to the
public under paragraph (b).
(b) The following records are not accessible to the public
under paragraph (a):
(1) written, audiotaped, or videotaped information from the
social service agency, except to the extent the information
appears in the petition, court orders, or other documents that
are accessible under paragraph (a);
(2) child protection intake or screening notes;
(3) documents identifying reporters of maltreatment, unless
the names and other identifying information are redacted;
(4) guardian ad litem reports;
(5) victim statements and addresses and telephone numbers;
(6) documents identifying nonparty witnesses under the age
of 18, unless the names and other identifying information are
redacted;
(7) transcripts of testimony taken during closed hearing;
(8) fingerprinting materials;
(9) psychological, psychiatric, and chemical dependency
evaluations;
(10) presentence evaluations of juveniles and probation
reports;
(11) medical records and test results;
(12) reports issued by sexual predator programs;
(13) diversion records of juveniles;
(14) any document which the court, upon its own motion or
upon motion of a party, orders inaccessible to serve the best
interests of the child; and
(15) any other records that are not accessible to the
public under rules developed by the courts.
In addition, records that are accessible to the public
under paragraph (a) become inaccessible to the public if one
year has elapsed since either the proceeding was dismissed or
the court's jurisdiction over the matter was terminated.
(c) Except as otherwise provided by this section, none of
the records of the juvenile court and none of the records
relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except by order
of a court.
(d) The records of juvenile probation officers are records
of the court for the purposes of this subdivision. This
subdivision applies to all proceedings under this chapter,
including appeals from orders of the juvenile court. The court
shall maintain the confidentiality of adoption files and records
in accordance with the provisions of laws relating to
adoptions. In juvenile court proceedings any report or social
history furnished to the court shall be open to inspection by
the attorneys of record and the guardian ad litem a reasonable
time before it is used in connection with any proceeding before
the court.
(e) When a judge of a juvenile court, or duly authorized
agent of the court, determines under a proceeding under this
chapter that a child has violated a state or local law,
ordinance, or regulation pertaining to the operation of a motor
vehicle on streets and highways, except parking violations, the
judge or agent shall immediately report the violation to the
commissioner of public safety. The report must be made on a
form provided by the department of public safety and must
contain the information required under section 169.95.
[260.161, subd. 2 (omitting delinquency-related text)]
Subd. 3. [ATTORNEY ACCESS TO RECORDS.] An attorney
representing a child, parent, or guardian ad litem in a
proceeding under this chapter shall be given access to records,
local social service agency files, and reports which form the
basis of any recommendation made to the court. An attorney does
not have access under this subdivision to the identity of a
person who made a report under section 626.556. The court may
issue protective orders to prohibit an attorney from sharing a
specified record or portion of a record with a client other than
a guardian ad litem. [260.161, subd. 3a]
Subd. 4. [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF
PROTECTION OR SERVICES.] In a county in which the county
attorney refers children who are in need of protection or
services to community programs, the county attorney may provide
a community program with data on a child who is a participant or
being considered for participation in the program. [260.161,
subd. 3b]
Subd. 5. [FURTHER RELEASE OF RECORDS.] A person who
receives access to juvenile court or peace officer records of
children that are not accessible to the public may not release
or disclose the records to any other person except as authorized
by law. This subdivision does not apply to the child who is the
subject of the records or the child's parent or guardian.
[260.161, subd. 5]
Sec. 17. [260C.175] [TAKING CHILD INTO CUSTODY.]
Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken
into immediate custody except:
(a) with an order issued by the court in accordance with
the provisions of section 260C.151, subdivision 5, or Laws 1997,
chapter 239, article 10, section 10, paragraph (a), clause (3),
or 12, paragraph (a), clause (3), or by a warrant issued in
accordance with the provisions of section 260C.154;
(b) by a peace officer:
(1) when a child has run away from a parent, guardian, or
custodian, or when the peace officer reasonably believes the
child has run away from a parent, guardian, or custodian; or
(2) when a child is found in surroundings or conditions
which endanger the child's health or welfare or which such peace
officer reasonably believes will endanger the child's health or
welfare. If an Indian child is a resident of a reservation or
is domiciled on a reservation but temporarily located off the
reservation, the taking of the child into custody under this
clause shall be consistent with the Indian Child Welfare Act of
1978, United States Code, title 25, section 1922;
(c) by a peace officer or probation or parole officer when
it is reasonably believed that the child has violated the terms
of probation, parole, or other field supervision; or
(d) by a peace officer or probation officer under section
260C.143, subdivision 1 or 4. [260.165, subd. 1 (omitting
delinquency-related text)]
Subd. 2. [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 260C.151,
subdivision 5; or section 260C.154, the officer shall notify the
parent or custodian that under section 260C.181, subdivision 2,
the parent or custodian may request that the child be placed
with a relative or a designated caregiver under chapter 257A
instead of in a shelter care facility. The officer also 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. [260.165,
subd. 3]
Subd. 3. [PROTECTIVE PAT-DOWN SEARCH OF CHILD
AUTHORIZED.] (a) A peace officer who takes a child of any age or
gender into custody under the provisions of this section is
authorized to perform a protective pat-down search of the child
in order to protect the officer's safety.
(b) A peace officer also may perform a protective pat-down
search of a child in order to protect the officer's safety in
circumstances where the officer does not intend to take the
child into custody, if this section authorizes the officer to
take the child into custody.
(c) Evidence discovered in the course of a lawful search
under this section is admissible. [260.165, subd. 2a]
Sec. 18. [260C.176] [RELEASE OR DETENTION.]
Subdivision 1. [NOTICE; RELEASE.] If a child is taken into
custody as provided in section 260C.175, 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. When a child is taken into custody by a
peace officer under section 260C.175, subdivision 1, clause
(c)(2), release from detention may be authorized by the
detaining officer, the detaining officer's supervisor, or the
county attorney. If the social service agency has determined
that the child's health or welfare will not be endangered and
the provision of appropriate and available services will
eliminate the need for placement, the agency shall request
authorization for the child's release from detention. The
person to whom the child is released 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. [260.171, subd. 1]
Subd. 2. [REASONS FOR DETENTION.] (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 taken into custody and placed in a shelter
care facility or relative's home by a peace officer pursuant to
section 260C.175, subdivision 1, clause (a) or (c)(2), may be
held in 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 260C.178 that
the child shall remain in custody or unless the court has made a
finding of domestic abuse perpetrated by a minor after a hearing
under Laws 1997, chapter 239, article 10, sections 2 to 26, in
which case the court may extend the period of detention for an
additional seven days, within which time the social service
agency shall conduct an assessment and shall provide
recommendations to the court regarding voluntary services or
file a child in need of protection or services petition.
[260.171, subd. 2 (omitting delinquency-related text)]
Subd. 3. [ADVISEMENT IF DETAINED.] 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 juvenile secure
detention facility or a shelter care facility;
(b) of the location of the juvenile secure detention
facility or a 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;
(c) that the child's parent, guardian, or custodian and
attorney or guardian ad litem may make an initial visit to the
juvenile 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;
(d) that the child may telephone parents and an attorney or
guardian ad litem from the juvenile 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;
(e) that the child may not be detained pursuant to section
260C.175, 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 260C.178;
(f) of the date, time, and place of the detention hearing,
if this information is available to the person who has taken the
child into custody; and
(g) 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, or for any party, if it is a child in need of protection
or services, neglected and in foster care, or termination of
parental rights matter. [260.171, subd. 4 (omitting
delinquency-related text)]
Subd. 4. [TRANSPORTATION.] If a child is to be detained in
a secure detention facility or a shelter care facility, the
child shall be promptly transported to the facility in a manner
approved by the facility or by securing a written transportation
order from the court authorizing transportation by the sheriff
or other qualified person. The person who has determined that
the child should be detained shall deliver to the court and the
supervisor of the secure detention facility or shelter care
facility where the child is placed, a signed report, setting
forth:
(a) the time the child was taken into custody;
(b) the time the child was delivered for transportation to
the secure detention facility or shelter care facility;
(c) the reasons why the child was taken into custody;
(d) the reasons why the child has been placed in detention;
(e) a statement that the child and the child's parent have
received the notification required by subdivision 3 or the
reasons why they have not been so notified; and
(f) any instructions required by subdivision 5. [260.171,
subd. 5 (omitting delinquency-related text)]
Subd. 5. [SHELTER CARE; NOTICE TO PARENT.] When a child is
to be placed in a shelter care facility the person taking the
child into custody or the court shall determine whether or not
there is reason to believe that disclosure of the shelter care
facility's location to the child's parent, guardian, or
custodian would immediately endanger the health and welfare of
the child. If there is reason to believe that the child's
health and welfare would be immediately endangered, disclosure
of the location shall not be made. This determination shall be
included in the report required by subdivision 4, along with
instructions to the shelter care facility to notify or withhold
notification. [260.171, subd. 5a]
Subd. 6. [REPORT.] (a) When a child has been delivered to
a secure detention facility, the supervisor of the facility
shall deliver to the court a signed report acknowledging receipt
of the child stating the time of the child's arrival. The
supervisor of the facility shall ascertain from the report of
the person who has taken the child into custody whether the
child and a parent, guardian, or custodian has received the
notification required by subdivision 3. If the child or a
parent, guardian, or custodian, or both, have not been so
notified, the supervisor of the facility shall immediately make
the notification, and shall include in the report to the court a
statement that notification has been received or the reasons why
it has not.
(b) When a child has been delivered to a shelter care
facility, the supervisor of the facility shall deliver to the
court a signed report acknowledging receipt of the child stating
the time of the child's arrival. The supervisor of the facility
shall ascertain from the report of the person who has taken the
child into custody whether the child's parent, guardian or
custodian has been notified of the placement of the child at the
shelter care facility and its location, and the supervisor shall
follow any instructions concerning notification contained in
that report. [260.171, subd. 6]
Sec. 19. [260C.178] [DETENTION HEARING.]
Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If
a child was taken into custody under section 260C.175,
subdivision 1, clause (a) or (b)(2), the court shall hold a
hearing within 72 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, to
determine whether the child should continue in custody.
(b) 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, subject to reasonable
conditions of release including, but not limited to, a
requirement that the child undergo a chemical use assessment as
provided in section 260C.157, subdivision 1. In determining
whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would
reside with a perpetrator of domestic child abuse. In a
proceeding regarding a child in need of protection or services,
the court, before determining whether a child should continue in
custody, shall also make a determination, consistent with
section 260.012 as to whether reasonable efforts, or in the case
of an Indian child, active efforts, according to the Indian
Child Welfare Act of 1978, United States Code, title 25, section
1912(d), were made to prevent placement or to reunite the child
with the child's family, or that reasonable efforts were not
possible. The court shall also determine whether there are
available services that would prevent the need for further
detention.
If the court finds the social services agency's preventive
or reunification efforts have not been reasonable but further
preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize
or continue the removal of the child.
The court may determine at the detention hearing, or at any
time prior to an adjudicatory hearing, that reasonable efforts
are not required because the facts, if proved, will demonstrate
that the parent has subjected the child to egregious harm as
defined in section 260C.007, subdivision 25, or the parental
rights of the parent to a sibling of the child have been
terminated involuntarily. [260.172, subd. 1 (omitting
delinquency-related text)]
Subd. 2. [DURATION.] If the court determines that the
child should continue in detention, it may order detention
continued for eight days, excluding Saturdays, Sundays and
holidays, from and including the date of the order. The court
shall include in its order the reasons for continued detention
and the findings of fact which support these reasons. [260.172,
subd. 2 (omitting delinquency-related text)]
Subd. 3. [PARENTAL VISITATION.] If a child has been taken
into custody under section 260C.151, subdivision 5, or 260C.175,
subdivision 1, clause (c)(2), and the court determines that the
child should continue in detention, the court shall include in
its order reasonable rules for supervised or unsupervised
parental visitation of the child in the shelter care facility
unless it finds that visitation would endanger the child's
physical or emotional well-being. [260.172, subd. 2a]
Subd. 4. [MENTAL HEALTH TREATMENT.] (a) Except as provided
in paragraph (b), a child who is held in detention as an alleged
victim of child abuse as defined in section 630.36, subdivision
2, may not be given mental health treatment specifically for the
effects of the alleged abuse until the court finds that there is
probable cause to believe the abuse has occurred.
(b) A child described in paragraph (a) may be given mental
health treatment prior to a probable cause finding of child
abuse if the treatment is either agreed to by the child's parent
or guardian in writing, or ordered by the court according to the
standard contained in section 260C.201, subdivision 1.
[260.172, subd. 2b]
Subd. 5. [COPIES OF ORDER.] Copies of the court's order
shall be served upon the parties, including the supervisor of
the detention facility, who shall release the child or continue
to hold the child as the court orders.
When the court's order is served upon these parties, notice
shall also be given to the parties of the subsequent reviews
provided by subdivision 6. The notice shall also inform each
party of the right to submit to the court for informal review
any new evidence regarding whether the child should be continued
in detention and to request a hearing to present the evidence to
the court. [260.172, subd. 3]
Subd. 6. [REVIEW.] If a child held in detention under a
court order issued under subdivision 2 has not been released
prior to expiration of the order, the court or referee shall
informally review the child's case file to determine, under the
standards provided by subdivision 1, whether detention should be
continued. If detention is continued thereafter, informal
reviews such as these shall be held within every eight days,
excluding Saturdays, Sundays and holidays, of the child's
detention.
A hearing, rather than an informal review of the child's
case file, shall be held at the request of any one of the
parties notified pursuant to subdivision 5, if that party
notifies the court of a wish to present to the court new
evidence concerning whether the child should be continued in
detention or notifies the court of a wish to present an
alternate placement arrangement to provide for the safety and
protection of the child.
In addition, if a child was taken into detention under
section 260C.151, subdivision 5, or 260C.175, subdivision 1,
clause (c)(2), and is held in detention under a court order
issued under subdivision 2, the court shall schedule and hold an
adjudicatory hearing on the petition within 60 days of the
detention hearing upon the request of any party to the
proceeding. However, if good cause is shown by a party to the
proceeding why the hearing should not be held within that time
period, the hearing shall be held within 90 days, unless the
parties agree otherwise and the court so orders. [260.172,
subd. 4]
Sec. 20. [260C.181] [PLACE OF TEMPORARY CUSTODY; SHELTER
CARE FACILITY.]
Subdivision 1. [TEMPORARY CUSTODY.] A child taken into
custody pursuant to section 260C.175 may be detained for up to
24 hours in a shelter care facility, secure detention facility,
or, if there is no secure detention facility available for use
by the county having jurisdiction over the child, in a jail or
other facility for the confinement of adults who have been
charged with or convicted of a crime in quarters separate from
any adult confined in the facility which has been approved for
the detention of juveniles by the commissioner of corrections.
At the end of the 24 hour detention any child requiring further
detention may be detained only as provided in this section.
[260.173, subd. 1]
Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the
provisions of subdivision 1, if the child had been taken into
custody pursuant to section 260C.175, 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, a designated caregiver under chapter 257A, 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. [260.173, subd. 2]
Subd. 3. [PLACEMENT.] If the child had been taken into
custody and detained as one who is alleged to be in need of
protection or services under section 260C.007, subdivision 4,
clause (13) or (14), by reason of having been adjudicated, in
need of protection or services under section 260C.007,
subdivision 4, clause (13) or (14), 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. [260.173, subd. 3 (omitting delinquency-related
text)]
Sec. 21. [260C.188] [CHILDREN IN CUSTODY; RESPONSIBILITY
FOR MEDICAL CARE.]
Subdivision 1. [MEDICAL AID.] If a child is taken into
custody as provided in section 260C.175 and detained in a local
juvenile secure detention facility or a shelter care facility,
the child's county of residence shall pay the costs of medical
services provided to the child during the period of time the
child is residing in the facility. The county of residence is
entitled to reimbursement from the child or the child's family
for payment of medical bills to the extent that the child or the
child's family has the ability to pay for the medical services.
If there is a disagreement between the county and the child or
the child's family concerning the ability to pay or whether the
medical services were necessary, the court with jurisdiction
over the child shall determine the extent, if any, of the
child's or the family's ability to pay for the medical services
or whether the services are necessary. If the child is covered
by health or medical insurance or a health plan when medical
services are provided, the county paying the costs of medical
services has a right of subrogation to be reimbursed by the
insurance carrier or health plan for all amounts spent by it for
medical services to the child that are covered by the insurance
policy or health plan, in accordance with the benefits,
limitations, exclusions, provider restrictions, and other
provisions of the policy or health plan. The county may
maintain an action to enforce this subrogation right. The
county does not have a right of subrogation against the medical
assistance program, the MinnesotaCare program, or the general
assistance medical care program. [260.174, subd. 1 (omitting
delinquency-related text)]
Subd. 2. [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of
its intake procedure for children, the official having custody
over the child shall ask the child or the child's family, as
appropriate, whether the child has health coverage. If the
child has coverage under a policy of accident and health
insurance regulated under chapter 62A, a health maintenance
contract regulated under chapter 62D, a group subscriber
contract regulated under chapter 62C, a health benefit
certificate regulated under chapter 64B, a self-insured plan, or
other health coverage, the child or the child's family, as
appropriate, shall provide to the official having custody over
the child the name of the carrier or administrator and other
information and authorizations necessary for the official having
custody over the child to obtain specific information about
coverage. [260.174, subd. 2]
Subd. 3. [OBTAINING HEALTH CARE IN COMPLIANCE WITH
COVERAGE.] A county board may authorize the officials having
custody over children to fulfill the county board's obligation
to provide the medical aid required by subdivision 1 in
accordance with the terms of the health plan covering the child,
where possible, subject to any rules and exceptions provided by
the county board. The official having custody over a child has
no obligation to the child or to the child's family to obtain
the child's health care in accordance with the child's health
coverage. [260.174, subd. 3]
Subd. 4. [SCOPE.] Subdivisions 1, 2, and 3 apply to any
medical aid, including dental care, provided to children held in
custody by the county as described in subdivision 1. [260.174,
subd. 4]
Sec. 22. [260C.193] [DISPOSITIONS; GENERAL PROVISIONS.]
Subdivision 1. [DISMISSAL OF PETITION.] Whenever the court
finds that the minor is not within the jurisdiction of the court
or that the facts alleged in the petition have not been proved,
it shall dismiss the petition. [260.181, subd. 1]
Subd. 2. [CONSIDERATION OF REPORTS.] Before making a
disposition in a case, or terminating parental rights, or
appointing a guardian for a child the court may consider any
report or recommendation made by the local social services
agency, probation officer, licensed child-placing agency, foster
parent, guardian ad litem, tribal representative, or other
authorized advocate for the child or child's family, a school
district concerning the effect on student transportation of
placing a child in a school district in which the child is not a
resident, or any other information deemed material by the court.
[260.181, subd. 2]
Subd. 3. [PROTECTION OF THE CHILD'S BEST INTERESTS.] (a)
The policy of the state is to ensure that the best interests of
children are met by requiring individualized determinations of
the needs of the child and of how the selected placement will
serve the needs of the child in foster care placements.
(b) Among the factors to be considered in determining the
needs of the child are:
(1) the child's current functioning and behaviors;
(2) the medical, educational, and developmental needs of
the child;
(3) the child's history and past experience;
(4) the child's religious and cultural needs;
(5) the child's connection with a community, school, and
church;
(6) the child's interests and talents;
(7) the child's relationship to current caretakers,
parents, siblings, and relatives; and
(8) the reasonable preference of the child, if the court,
or in the case of a voluntary placement the child-placing
agency, deems the child to be of sufficient age to express
preferences.
(c) The court, in transferring legal custody of any child
or appointing a guardian for the child under the laws relating
to juvenile courts, shall consider placement, consistent with
the child's best interests and in the following order, in the
legal custody or guardianship of an individual who (1) is
related to the child by blood, marriage, or adoption, or (2) is
an important friend with whom the child has resided or had
significant contact. Placement of a child cannot be delayed or
denied based on race, color, or national origin of the foster
parent or the child. Whenever possible, siblings should be
placed together unless it is determined not to be in the best
interests of a sibling.
(d) If the child's birth parent or parents explicitly
request that a relative or important friend not be considered,
the court shall honor that request if it is consistent with the
best interests of the child.
If the child's birth parent or parents express a preference
for placing the child in a foster or adoptive home of the same
or a similar religious background to that of the birth parent or
parents, the court shall order placement of the child with an
individual who meets the birth parent's religious preference.
(e) This subdivision does not affect the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to
1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835. [260.181, subd. 3]
Subd. 4. [REPORTS; JUVENILES PLACED OUT OF STATE.]
Whenever a child is placed in a residential program located
outside of this state pursuant to a disposition order issued
under section 260C.201, the juvenile court administrator shall
report the following information to the state court
administrator:
(1) the fact that the placement is out of state;
(2) the type of placement; and
(3) the reason for the placement. [260.181, subd. 3a]
Subd. 5. [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 260C.007,
subdivision 4, clause (12), may not continue past the child's
17th birthday. [260.181, subd. 4 (omitting delinquency-related
text)]
Sec. 23. [260C.201] [DISPOSITIONS; CHILDREN WHO ARE IN
NEED OF PROTECTION OR SERVICES OR NEGLECTED AND IN FOSTER CARE.]
Subdivision 1. [DISPOSITIONS.] (a) If the court finds that
the child is 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:
(1) place the child under the protective supervision of the
local social services agency or child-placing agency in the
child's own home under conditions prescribed by the court
directed to the correction of the child's need for protection or
services;
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the local social services agency.
In placing a child whose custody has been transferred under
this paragraph, the agencies shall follow the order of
preference stated in section 260C.193, subdivision 3;
(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 or is unable to provide
this treatment or care, the court may order it provided. The
court shall not transfer legal custody of the child for the
purpose of obtaining special treatment or care solely because
the parent is unable to provide the treatment or care. 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 or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. The court shall forward an order
issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, order the commissioner of public
safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.
To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child
is in need of protection or services or neglected and in foster
care, but in no event more than 15 days after the finding unless
the court finds that the best interests of the child will be
served by granting a delay. If the child was under eight years
of age at the time the petition was filed, the disposition order
must be entered within ten days of the finding and the court may
not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.
(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2. [260.191, subd. 1]
Subd. 2. [WRITTEN FINDINGS.] Any order for a disposition
authorized under 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;
(b) What alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case;
(c) How the court's disposition complies with the
requirements of section 260C.193, subdivision 3; and
(d) Whether reasonable efforts consistent with section
260.012 were made to prevent or eliminate the necessity of the
child's removal and to reunify the family after removal. The
court's findings must include a brief description of what
preventive and reunification efforts were made and why further
efforts could not have prevented or eliminated the necessity of
removal or that reasonable efforts were not required under
section 260.012 or 260C.178, subdivision 1.
If the court finds that the social services agency's
preventive or reunification efforts have not been reasonable but
that further preventive or reunification efforts could not
permit the child to safely remain at home, the court may
nevertheless authorize or continue the removal of the child.
[260.191, subd. 1a]
Subd. 3. [DOMESTIC CHILD ABUSE.] If the court finds that
the child is a victim of domestic child abuse, as defined in
section 260C.007, subdivision 20, it may order any of the
following dispositions of the case in addition to or as
alternatives to the dispositions authorized under subdivision 1:
(1) restrain any party from committing acts of domestic
child abuse;
(2) exclude the abusing party from the dwelling which the
family or household members share or from the residence of the
child;
(3) on the same basis as is provided in chapter 518,
establish temporary visitation with regard to minor children of
the adult family or household members;
(4) on the same basis as is provided in chapter 518,
establish temporary support or maintenance for a period of 30
days for minor children or a spouse;
(5) provide counseling or other social services for the
family or household members; or
(6) order the abusing party to participate in treatment or
counseling services.
Any relief granted by the order for protection shall be for
a fixed period not to exceed one year.
However, no order excluding the 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;
(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; and
(3) the local welfare agency has developed a plan to
provide appropriate social services to the remaining family or
household members. [260.191, subd. 1b]
Subd. 4. [SUPPORT ORDERS.] If the court issues an order
for protection pursuant to section 260C.201, subdivision 3,
excluding an abusing party from the dwelling who is the parent
of a minor family or household member, it shall transfer the
case file to the court which has jurisdiction over proceedings
under chapter 518 for the purpose of establishing support or
maintenance for minor children or a spouse, as provided in
chapter 518, during the effective period of the order for
protection. The court to which the case file is transferred
shall schedule and hold a hearing on the establishment of
support or maintenance within 30 days of the issuance of the
order for protection. After an order for support or maintenance
has been granted or denied, the case file shall be returned to
the juvenile court, and the order for support or maintenance, if
any, shall be incorporated into the order for protection.
[260.191, subd. 1c]
Subd. 5. [VISITATION.] If the court orders that the child
be placed outside of the child's home or present residence, it
shall set reasonable rules for supervised or unsupervised
parental visitation that contribute to the objectives of the
court order and the maintenance of the familial relationship.
No parent may be denied visitation unless the court finds at the
disposition hearing that the visitation would act to prevent the
achievement of the order's objectives or that it would endanger
the child's physical or emotional well-being. The court shall
set reasonable rules for visitation for any relatives as defined
in section 260C.193, subdivision 3, if visitation is consistent
with the best interests of the child. [260.191, subd. 1d]
Subd. 6. [CASE PLAN.] For each disposition ordered, the
court shall order the appropriate agency to prepare a written
case plan developed after consultation with any foster parents,
and consultation with and participation by the child and the
child's parent, guardian, or custodian, guardian ad litem, and
tribal representative if the tribe has intervened. The case
plan shall comply with the requirements of section 260C.212,
where applicable. The case plan shall, among other matters,
specify the actions to be taken by the child and the child's
parent, guardian, foster parent, or custodian to ensure the
child's safety and 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. For each disposition ordered, the written case
plan shall specify what reasonable efforts shall be provided to
the family. The case plan must include a discussion of:
(1) the availability of appropriate prevention and
reunification services for the family to safely prevent the
removal of the child from the home or to safely reunify the
child with the family after removal;
(2) any services or resources that were requested by the
child or the child's parent, guardian, foster parent, or
custodian since the date of initial adjudication, and whether
those services or resources were provided or the basis for
denial of the services or resources;
(3) the need of the child and family for care, treatment,
or rehabilitation;
(4) the need for participation by the parent, guardian, or
custodian in the plan of care for the child;
(5) the visitation rights and obligations of the parent or
other relatives, as defined in section 260C.193, subdivision 3,
during any period when the child is placed outside the home;
(6) a description of any services that could safely prevent
placement or reunify the family if such services were available;
and
(7) the need for continued monitoring of the child and
family by the appropriate local social services agency once the
family has completed all services required in the case plan.
A party has a right to request a court review of the
reasonableness of the case plan upon a showing of a substantial
change of circumstances. [260.191, subd. 1e]
Subd. 7. [ORDER DURATION.] Subject to subdivisions 10 and
11, all orders under this section shall be for a specified
length of time set by the court not to exceed one year.
However, before the order has expired and upon its own motion or
that of any interested party, the court shall, after notice to
the parties and a hearing, renew the order for another year or
make some other disposition of the case, until the individual is
no longer a minor. Any person to whom legal custody is
transferred shall report to the court in writing at such periods
as the court may direct. [260.191, subd. 2]
Subd. 8. [SERVICE OF ORDER.] Any person who provides
services to a child under a disposition order, or who is subject
to the conditions of a disposition order shall be served with a
copy of the order in the manner provided in the rules for
juvenile courts. [260.191, subd. 2a]
Subd. 9. [TRANSFER OF LEGAL CUSTODY ORDERS.] When the
court transfers legal custody of a child to any licensed
child-placing agency or the local social services agency, it
shall transmit with the order transferring legal custody a copy
of its findings and a summary of its information concerning the
child. [260.191, subd. 3]
Subd. 10. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If
the court places a child in a residential facility, as defined
in section 260C.212, subdivision 1, the court shall review the
out-of-home placement at least every six months to determine
whether continued out-of-home placement is necessary and
appropriate or whether the child should be returned home. The
court shall review agency efforts pursuant to section 260C.215,
subdivision 1, and order that the efforts continue if the agency
has failed to perform the duties under that section. The court
shall review the case plan and may modify the case plan as
provided under subdivisions 6 and 7. If the court orders
continued out-of-home placement, the court shall notify the
parents of the provisions of subdivision 11.
(b) When the court determines that a permanent placement
hearing is necessary because there is a likelihood that the
child will not return to a parent's care, the court may
authorize the agency with custody of the child to send the
notice provided in section 257.071, subdivision 1d, paragraph
(b), or may modify the requirements of the agency under section
257.071, subdivision 1d, paragraph (b), or may completely
relieve the responsible social service agency of the
requirements of section 257.071, subdivision 1d, paragraph (b),
when the child is placed with an appropriate relative who wishes
to provide a permanent home for the child. The actions ordered
by the court under this section must be consistent with the best
interests, safety, and welfare of the child. [260.191, subd.
3a]
Subd. 11. [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing
to determine the permanent status of a child not later than 12
months after the child is placed out of the home of the parent,
except that if the child was under eight years of age at the
time the petition was filed, the hearing must be conducted no
later than six months after the child is placed out of the home
of the parent.
For purposes of this subdivision, the date of the child's
placement out of the home of the parent is the earlier of the
first court-ordered placement or 60 days after the date on which
the child has been voluntarily placed out of the home.
For purposes of this subdivision, 12 months is calculated
as follows:
(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed out of the home of the parent are cumulated;
(2) if a child has been placed out of the home of the
parent within the previous five years in connection with one or
more prior petitions for a child in need of protection or
services, the lengths of all prior time periods when the child
was placed out of the home within the previous five years and
under the current petition, are cumulated. If a child under
this clause has been out of the home for 12 months or more, the
court, if it is in the best interests of the child, may extend
the total time the child may continue out of the home under the
current petition up to an additional six months before making a
permanency determination.
(b) Not later than ten days prior to this hearing, the
responsible social service agency shall file pleadings to
establish the basis for the permanent placement determination.
Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination, no hearing need be
conducted under this subdivision. The court shall determine
whether the child is to be returned home or, if not, what
permanent placement is consistent with the child's best
interests. The "best interests of the child" means all relevant
factors to be considered and evaluated.
(c) At a hearing under this subdivision, if the child was
under eight years of age at the time the petition was filed
alleging the child in need of protection or services, the court
shall review the progress of the case and the case plan,
including the provision of services. The court may order the
local social service agency to show cause why it should not file
a termination of parental rights petition. Cause may include,
but is not limited to, the following conditions:
(1) the parents or guardians have maintained regular
contact with the child, the parents are complying with the
court-ordered case plan, and the child would benefit from
continuing this relationship;
(2) grounds for termination under section 260C.301 do not
exist; or
(3) the permanent plan for the child is transfer of
permanent legal and physical custody to a relative.
(d) If the child is not returned to the home, the
dispositions available for permanent placement determination are:
(1) permanent legal and physical custody to a relative in
the best interests of the child. In transferring permanent
legal and physical custody to a relative, the juvenile court
shall follow the standards and procedures applicable under
chapter 260, 260C, or 518. An order establishing permanent
legal or physical custody under this subdivision must be filed
with the family court. A transfer of legal and physical custody
includes responsibility for the protection, education, care, and
control of the child and decision making on behalf of the
child. The social service agency may petition on behalf of the
proposed custodian;
(2) termination of parental rights and adoption; the social
service agency shall file a petition for termination of parental
rights under section 260C.307 and all the requirements of
sections 260C.301 to 260C.328 remain applicable. An adoption
completed subsequent to a determination under this subdivision
may include an agreement for communication or contact under
section 259.58; or
(3) long-term foster care; transfer of legal custody and
adoption are preferred permanency options for a child who cannot
return home. The court may order a child into long-term foster
care only if it finds that neither an award of legal and
physical custody to a relative, nor termination of parental
rights nor adoption is in the child's best interests. Further,
the court may only order long-term foster care for the child
under this section if it finds the following:
(i) the child has reached age 12 and reasonable efforts by
the responsible social service agency have failed to locate an
adoptive family for the child; or
(ii) the child is a sibling of a child described in clause
(i) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home; or
(4) foster care for a specified period of time may be
ordered only if:
(i) the sole basis for an adjudication that a child is in
need of protection or services is that the child is a runaway,
is an habitual truant, or committed a delinquent act before age
ten; and
(ii) the court finds that foster care for a specified
period of time is in the best interests of the child.
(e) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a
review of the relationship between the child and relatives and
the child and other important persons with whom the child has
resided or had significant contact.
(f) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews and dispositional hearings are only necessary if the
placement is made under paragraph (d), clause (4), review is
otherwise required by federal law, an adoption has not yet been
finalized, or there is a disruption of the permanent or
long-term placement.
(g) An order under this subdivision must include the
following detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts, to reunify the child with the parent or parents;
(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement;
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home;
and
(5) if the child cannot be returned home, whether there is
a substantial probability of the child being able to return home
in the next six months.
(h) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social service agency is a party to the proceeding and must
receive notice. An order for long-term foster care is
reviewable upon motion and a showing by the parent of a
substantial change in the parent's circumstances such that the
parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and
the return to the parent's care would be in the best interest of
the child. [260.191, subd. 3b]
Subd. 12. [CONTINUANCE OF CASE.] If it is in the best
interests of the child to do so and if the allegations contained
in the petition have been admitted, or when a hearing has been
held as provided in section 260C.163 and the allegations
contained in the petition have been duly proven, before the
entry of a finding of need for protection or services or a
finding that a child is neglected and in foster care, the court
may continue the case for a period not to exceed 90 days on any
one order. Following the 90-day continuance:
(1) if both the parent and child have complied with the
terms of the continuance, the case must be dismissed without an
adjudication that the child is in need of protection or services
or that the child is neglected and in foster care; or
(2) if either the parent or child has not complied with the
terms of the continuance, the court shall adjudicate the child
in need of protection or services or neglected and in foster
care. [260.191, subd. 4]
Sec. 24. [260C.205] [DISPOSITIONS; VOLUNTARY FOSTER CARE
PLACEMENTS.]
Upon a petition for review of the foster care status of a
child, the court may:
(a) In the case of a petition required to be filed under
section 260C.212, subdivision 8, find that the child's needs are
being met, that the child's placement in foster care is in the
best interests of the child, and that the child will be returned
home in the next six months, in which case the court shall
approve the voluntary arrangement and continue the matter for
six months to assure the child returns to the parent's home.
(b) In the case of a petition required to be filed under
section 260C.212, subdivision 9, find that the child's needs are
being met and that the child's placement in foster care is in
the best interests of the child, in which case the court shall
approve the voluntary arrangement. The court shall order the
social service agency responsible for the placement to bring a
petition under section 260C.141, subdivision 1 or 2, as
appropriate, within 12 months.
(c) Find that the child's needs are not being met, in which
case the court shall order the social service agency or the
parents to take whatever action is necessary and feasible to
meet the child's needs, including, when appropriate, the
provision by the social service agency of services to the
parents which would enable the child to live at home, and order
a disposition under section 260C.201.
(d) Find that the child has been abandoned by parents
financially or emotionally, or that the developmentally disabled
child does not require out-of-home care because of the
handicapping condition, in which case the court shall order the
social service agency to file an appropriate petition pursuant
to sections 260C.141, subdivision 1, or 260C.307.
Nothing in this section shall be construed to prohibit
bringing a petition pursuant to section 260C.141, subdivision 1
or 4, sooner than required by court order pursuant to this
section. [260.192]
Sec. 25. [260C.208] [INFORMATION FOR CHILD PLACEMENT.]
Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An
agency with legal responsibility for the placement of a child
may request and shall receive all information pertaining to the
child that it considers necessary to appropriately carry out its
duties. That information must include educational, medical,
psychological, psychiatric, and social or family history data
retained in any form by any individual or entity. The agency
may gather appropriate data regarding the child's parents in
order to develop and implement a case plan required by section
260C.212. Upon request of the court responsible for overseeing
the provision of services to the child and family and for
implementing orders that are in the best interest of the child,
the responsible local social service agency or tribal social
service agency shall provide appropriate written or oral reports
from any individual or entity that has provided services to the
child or family. The reports must include the nature of the
services being provided the child or family; the reason for the
services; the nature, extent, and quality of the child's or
parent's participation in the services, where appropriate; and
recommendations for continued services, where appropriate. The
individual or entity shall report all observations and
information upon which it bases its report as well as its
conclusions. If necessary to facilitate the receipt of the
reports, the court may issue appropriate orders. [257.069,
subd. 1]
Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service
agency responsible for the residential placement of a child
under this section and the residential facility in which the
child is placed shall have access to the following data on the
child:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) juvenile court data under section 260C.171; and
(4) health records under section 144.335. [257.069, subd.
2]
Sec. 26. [260C.212] [CHILDREN IN FOSTER HOMES; PLACEMENT;
REVIEW.]
Subdivision 1. [PLACEMENT; PLAN.] A case plan shall be
prepared within 30 days after any child is placed in a
residential facility by court order or by the voluntary release
of the child by the parent or parents.
For purposes of this section, a residential facility means
any group home, family foster home or other publicly supported
out-of-home residential facility, including any out-of-home
residential facility under contract with the state, county or
other political subdivision, or any agency thereof, to provide
those services or foster care as defined in section 260C.007,
subdivision 9.
For the purposes of this section, a case plan means a
written document which is ordered by the court or which is
prepared by the social service agency responsible for the
residential facility placement and is signed by the parent or
parents, or other custodian, of the child, the child's legal
guardian, the social service agency responsible for the
residential facility placement, and, if possible, the child.
The document shall be explained to all persons involved in its
implementation, including the child who has signed the document,
and shall set forth:
(1) The specific reasons for the placement of the child in
a residential facility, including a description of the problems
or conditions in the home of the parent or parents which
necessitated removal of the child from home;
(2) The specific actions to be taken by the parent or
parents of the child to eliminate or correct the problems or
conditions identified in clause (1), and the time period during
which the actions are to be taken;
(3) The financial responsibilities and obligations, if any,
of the parents for the support of the child during the period
the child is in the residential facility;
(4) The visitation rights and obligations of the parent or
parents or other relatives as defined in section 260C.193, if
such visitation is consistent with the best interest of the
child, during the period the child is in the residential
facility;
(5) The social and other supportive services to be provided
to the parent or parents of the child, the child, and the
residential facility during the period the child is in the
residential facility;
(6) The date on which the child is expected to be returned
to the home of the parent or parents;
(7) The nature of the effort to be made by the social
service agency responsible for the placement to reunite the
family; and
(8) Notice to the parent or parents that placement of the
child in foster care may result in termination of parental
rights but only after notice and a hearing as provided in
chapter 260C.
The parent or parents and the child each shall have the
right to legal counsel in the preparation of the case plan and
shall be informed of the right at the time of placement of the
child. The child shall also have the right to a guardian ad
litem. If unable to employ counsel from their own resources,
the court shall appoint counsel upon the request of the parent
or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or
social service agency in preparation of the case plan.
After the plan has been agreed upon by the parties
involved, the foster parents shall be fully informed of the
provisions of the case plan.
When an agency accepts a child for placement, the agency
shall determine whether the child has had a physical examination
by or under the direction of a licensed physician within the 12
months immediately preceding the date when the child came into
the agency's care. If there is documentation that the child has
had such an examination within the last 12 months, the agency is
responsible for seeing that the child has another physical
examination within one year of the documented examination and
annually in subsequent years. If the agency determines that the
child has not had a physical examination within the 12 months
immediately preceding placement, the agency shall ensure that
the child has the examination within 30 days of coming into the
agency's care and once a year in subsequent years. [257.071,
subd. 1]
Subd. 2. [PLACEMENT DECISIONS BASED ON BEST INTEREST OF
THE CHILD.] (a) The policy of the state of Minnesota is to
ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of
how the selected placement will serve the needs of the child
being placed. The authorized child-placing agency shall place a
child, released by court order or by voluntary release by the
parent or parents, in a family foster home selected by
considering placement with relatives and important friends
consistent with section 260C.193, subdivision 3.
(b) Among the factors the agency shall consider in
determining the needs of the child are those specified under
section 260C.193, subdivision 3, paragraph (b).
(c) Placement of a child cannot be delayed or denied based
on race, color, or national origin of the foster parent or the
child. Whenever possible, siblings should be placed together
unless it is determined not to be in the best interests of a
sibling. [257.071, subd. 1a]
Subd. 3. [LIMIT ON MULTIPLE PLACEMENTS.] If a child has
been placed in a residential facility pursuant to a court order
under section 260C.178 or 260C.201, the social service agency
responsible for the residential facility placement for the child
may not change the child's placement unless the agency
specifically documents that the current placement is unsuitable
or another placement is in the best interests of the child.
This subdivision does not apply if the new placement is in an
adoptive home or other permanent placement. [257.071, subd. 1b]
Subd. 4. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local
social service agency shall inform a parent considering
voluntary placement of a child who is not developmentally
disabled or emotionally handicapped of the following:
(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement,
but not to counsel appointed at public expense;
(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement
agreement may at any time request that the agency return the
child. If the parent so requests, the child must be returned
within 24 hours of the receipt of the request;
(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for
a petition alleging that the child is in need of protection or
services or as the basis for a petition seeking termination of
parental rights;
(4) if the local social service agency files a petition
alleging that the child is in need of protection or services or
a petition seeking the termination of parental rights, the
parent would have the right to appointment of separate legal
counsel and the child would have a right to the appointment of
counsel and a guardian ad litem as provided by law, and that
counsel will be appointed at public expense if they are unable
to afford counsel; and
(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in
voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.
[257.071, subd. 1c]
Subd. 5. [RELATIVE SEARCH; NATURE.] (a) Within six months
after a child is initially placed in a residential facility, the
local social services agency shall identify any relatives of the
child and notify them of the need for a foster care home for the
child and of the possibility of the need for a permanent
out-of-home placement of the child. Relatives should also be
notified that a decision not to be a placement resource at the
beginning of the case may affect the relative being considered
for placement of the child with that relative later. The
relatives must be notified that they must keep the local social
services agency informed of their current address in order to
receive notice that a permanent placement is being sought for
the child. A relative who fails to provide a current address to
the local social services agency forfeits the right to notice of
the possibility of permanent placement.
(b) Unless relieved of this duty by the court because the
child is placed with an appropriate relative who wishes to
provide a permanent home for the child, when the agency
determines that it is necessary to prepare for the permanent
placement determination hearing, or in anticipation of filing a
termination of parental rights petition, the agency shall send
notice to the relatives, any adult with whom the child is
currently residing, any adult with whom the child has resided
for one year or longer in the past, and any adults who have
maintained a relationship or exercised visitation with the child
as identified in the agency case plan. The notice must state
that a permanent home is sought for the child and that the
individuals receiving the notice may indicate to the agency
their interest in providing a permanent home. The notice must
state that within 30 days of receipt of the notice an individual
receiving the notice must indicate to the agency the
individual's interest in providing a permanent home for the
child or that the individual may lose the opportunity to be
considered for a permanent placement. This notice need not be
sent if the child is placed with an appropriate relative who
wishes to provide a permanent home for the child. [257.071,
subd. 1d]
Subd. 6. [CHANGE IN PLACEMENT.] If a child is removed from
a permanent placement disposition authorized under section
260C.201, subdivision 11, within one year after the placement
was made:
(1) the child must be returned to the residential facility
where the child was placed immediately preceding the permanent
placement; or
(2) the court shall hold a hearing within ten days after
the child is taken into custody to determine where the child is
to be placed. A guardian ad litem must be appointed for the
child for this hearing. [257.071, subd. 1e]
Subd. 7. [SIX-MONTH REVIEW OF PLACEMENTS.] There shall be
an administrative review of the case plan of each child placed
in a residential facility no later than 180 days after the
initial placement of the child in a residential facility and at
least every six months thereafter if the child is not returned
to the home of the parent or parents within that time. The case
plan must be monitored and updated at each administrative
review. As an alternative to the administrative review, the
social service agency responsible for the placement may bring a
petition as provided in section 260C.141, subdivision 2, to the
court for review of the foster care to determine if placement is
in the best interests of the child. This petition must be
brought to the court within the applicable six months and is not
in lieu of the requirements contained in subdivision 3 or 4. A
court review conducted pursuant to section 260C.201, subdivision
11, shall satisfy the requirement for an administrative review
so long as the other requirements of this section are met.
[257.071, subd. 2]
Subd. 8. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as
provided in subdivision 4, if the child has been placed in a
residential facility pursuant to a voluntary release by the
parent or parents, and is not returned home within 90 days after
initial placement in the residential facility, the social
service agency responsible for the placement shall:
(1) return the child to the home of the parent or parents;
or
(2) file a petition to extend the placement for 90 days.
The case plan must be updated when a petition is filed and
must include a specific plan for permanency.
If the court approves the extension, at the end of the
second 90-day period, the child must be returned to the parent's
home, unless a petition is filed for a child in need of
protection or services. [257.071, subd. 3]
Subd. 9. [REVIEW OF DEVELOPMENTALLY DISABLED AND
EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally
disabled child, as that term is defined in United States Code,
title 42, section 6001 (7), as amended through December 31,
1979, or a child diagnosed with an emotional handicap as defined
in section 252.27, subdivision 1a, has been placed in a
residential facility pursuant to a voluntary release by the
child's parent or parents because of the child's handicapping
conditions or need for long-term residential treatment or
supervision, the social service agency responsible for the
placement shall bring a petition for review of the child's
foster care status, pursuant to section 260C.141, subdivision 2,
rather than a petition as required by section 260C.201,
subdivision 11, after the child has been in foster care for six
months or, in the case of a child with an emotional handicap,
after the child has been in a residential facility for six
months. Whenever a petition for review is brought pursuant to
this subdivision, a guardian ad litem shall be appointed for the
child. [257.071, subd. 4]
Subd. 10. [RULES; CHILDREN IN RESIDENTIAL FACILITIES.] The
commissioner of human services shall promulgate all rules
necessary to carry out the provisions of Public Law Number
96-272 as regards the establishment of a state goal for the
reduction of the number of children in residential facilities
beyond 24 months. [257.071, subd. 5]
Subd. 11. [RULES.] The commissioner shall revise Minnesota
Rules, parts 9545.0010 to 9545.0260, the rules setting standards
for family and group family foster care. The commissioner shall:
(1) require that, as a condition of licensure, foster care
providers attend training on understanding and validating the
cultural heritage of all children in their care, and on the
importance of the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family
Preservation Act, sections 260.751 to 260.835; and
(2) review and, where necessary, revise foster care rules
to reflect sensitivity to cultural diversity and differing
lifestyles. Specifically, the commissioner shall examine
whether space and other requirements discriminate against
single-parent, minority, or low-income families who may be able
to provide quality foster care reflecting the values of their
own respective cultures. [257.071, subd. 7]
Subd. 12. [RULES ON REMOVAL OF CHILDREN.] The commissioner
shall adopt rules establishing criteria for removal of children
from their homes and return of children to their homes.
[257.071, subd. 8]
Subd. 13. [FAIR HEARING REVIEW.] Any person whose claim
for foster care payment pursuant to the placement of a child
resulting from a child protection assessment under section
626.556 is denied or not acted upon with reasonable promptness
may appeal the decision under section 256.045, subdivision 3.
The application and fair hearing procedures set forth in the
administration of community social services rule, Minnesota
Rules, parts 9550.0070 to 9550.0092, do not apply to foster care
payment issues appealable under this subdivision. [257.071,
subd. 9]
Subd. 14. [RULES; FOSTER CARE FAIR HEARINGS.] The
commissioner shall review and, where necessary, revise foster
care rules to ensure that the rules provide adequate guidance
for implementation of foster care fair hearings, pursuant to
section 256.045, subdivision 3, clause (5), that comply with all
applicable federal requirements and the requirements of section
256.045. [257.071, subd. 10]
Sec. 27. [260C.213] [CONCURRENT PERMANENCY PLANNING.]
Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of
human services shall establish a program for concurrent
permanency planning for child protection services.
(b) Concurrent permanency planning involves a planning
process for children who are placed out of the home of their
parents pursuant to a court order, or who have been voluntarily
placed out of the home by the parents for 60 days or more and
who are not developmentally disabled or emotionally handicapped
under section 212C.212, subdivision 9. The local social service
agency shall develop an alternative permanency plan while making
reasonable efforts for reunification of the child with the
family, if required by section 260.012. The goals of concurrent
permanency planning are to:
(1) achieve early permanency for children;
(2) decrease children's length of stay in foster care and
reduce the number of moves children experience in foster care;
and
(3) develop a group of families who will work towards
reunification and also serve as permanent families for children.
Subd. 2. [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The
commissioner shall establish guidelines and protocols for social
service agencies involved in concurrent permanency planning,
including criteria for conducting concurrent permanency planning
based on relevant factors such as:
(1) age of the child and duration of out-of-home placement;
(2) prognosis for successful reunification with parents;
(3) availability of relatives and other concerned
individuals to provide support or a permanent placement for the
child; and
(4) special needs of the child and other factors affecting
the child's best interests.
In developing the guidelines and protocols, the
commissioner shall consult with interest groups within the child
protection system, including child protection workers, child
protection advocates, county attorneys, law enforcement,
community service organizations, the councils of color, and the
ombudsperson for families.
Subd. 3. [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent
permanency planning programs must include involvement of parents
and full disclosure of their rights and responsibilities; goals
of concurrent permanency planning; support services that are
available for families; permanency options; and the consequences
of not complying with case plans.
Subd. 4. [TECHNICAL ASSISTANCE.] The commissioner of human
services shall provide ongoing technical assistance, support,
and training for local social service agencies and other
individuals and agencies involved in concurrent permanency
planning.
Subd. 5. [AVAILABILITY OF FUNDING.] The requirements of
this section relating to concurrent permanency planning are
effective only for state fiscal years when aid is distributed
under section 256F.05 for concurrent permanency planning.
[257.0711]
Sec. 28. [260C.215] [WELFARE OF CHILDREN.]
Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each
authorized child-placing agency shall make special efforts to
recruit a foster family from among the child's relatives, except
as authorized in section 260C.193, subdivision 3. In recruiting
placements for each child, the agency must focus on that child's
particular needs and the capacities of the particular
prospective foster parents to meet those needs. Each agency
shall provide for diligent recruitment of potential foster
families that reflect the ethnic and racial diversity of the
children in the state for whom foster homes are needed. Special
efforts include contacting and working with community
organizations and religious organizations and may include
contracting with these organizations, utilizing local media and
other local resources, conducting outreach activities, and
increasing the number of minority recruitment staff employed by
the agency. The requirement of special efforts to locate
relatives in this section is satisfied on the earlier of the
following occasions:
(1) when the child is placed with a relative who is
interested in providing a permanent placement for the child; or
(2) when the responsible child-placing agency has made
special efforts for six months following the child's placement
in a residential facility and the court approves the agency's
efforts pursuant to section 260C.201, subdivision 10. The
agency may accept any gifts, grants, offers of services, and
other contributions to use in making special recruitment efforts.
[257.072, subd. 1]
Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of
human services shall:
(1) in cooperation with child-placing agencies, develop a
cost-effective campaign using radio and television to recruit
adoptive and foster families that reflect the ethnic and racial
diversity of children in the state for whom adoptive and foster
homes are needed; and
(2) require that agency staff people who work in the area
of adoption and foster family recruitment participate in
cultural competency training. [257.072, subd. 2]
Subd. 3. [RECRUITMENT SPECIALIST.] The commissioner shall
designate a permanent professional staff position for
recruitment of foster and adoptive families. The recruitment
specialist shall provide services to child-placing agencies
seeking to recruit adoptive and foster care families and
qualified professional staff. The recruitment specialist shall:
(1) develop materials for use by the agencies in training
staff;
(2) conduct in-service workshops for agency personnel;
(3) provide consultation, technical assistance, and other
appropriate services to agencies to strengthen and improve
service delivery to diverse populations; and
(4) conduct workshops for foster care and adoption
recruiters to evaluate the effectiveness of techniques for
recruiting foster and adoptive families; and
(5) perform other duties as assigned by the commissioner to
implement the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.
The commissioner may contract for portions of these
services. [257.072, subd. 3]
Subd. 4. [CONSULTATION WITH REPRESENTATIVES.] The
commissioner of human services, after seeking and considering
advice from representatives reflecting diverse populations from
the councils established under sections 3.922, 3.9223, 3.9225,
and 3.9226, and other state, local, and community organizations
shall:
(1) review, and where necessary, revise the department of
human services social service manual and practice guide to
reflect federal and state policy direction on placement of
children;
(2) develop criteria for determining whether a prospective
adoptive or foster family has the ability to understand and
validate the child's cultural background;
(3) develop a standardized training curriculum for adoption
and foster care workers, family-based providers, and
administrators who work with children. Training must address
the following objectives:
(a) developing and maintaining sensitivity to all cultures;
(b) assessing values and their cultural implications; and
(c) making individualized decisions that advance the best
interests of a particular child under section 260C.212,
subdivision 2;
(4) develop a training curriculum for family and extended
family members of adoptive and foster children. The curriculum
must address issues relating to cross-cultural placements as
well as issues that arise after a foster or adoptive placement
is made; and
(5) develop and provide to agencies an assessment tool to
be used in combination with group interviews and other
preplacement activities to evaluate prospective adoptive and
foster families. The tool must assess problem-solving skills;
identify parenting skills; and evaluate the degree to which the
prospective family has the ability to understand and validate
the child's cultural background. [257.072, subd. 4]
Subd. 5. [PLACEMENT REPORTS.] Beginning December 1, 1996,
the commissioner shall provide to the Indian affairs council,
the council on affairs of Chicano/Latino people, the council on
Black Minnesotans, and the council on Asian-Pacific Minnesotans
the annual report required under section 257.0725. [257.072,
subd. 5]
Subd. 6. [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each
authorized child-placing agency must:
(1) develop and follow procedures for implementing the
requirements of section 260C.193, subdivision 3, and the Indian
Child Welfare Act, United States Code, title 25, sections 1901
to 1923;
(2) have a written plan for recruiting adoptive and foster
families that reflect the ethnic and racial diversity of
children who are in need of foster and adoptive homes. The plan
must include (a) strategies for using existing resources in
diverse communities, (b) use of diverse outreach staff wherever
possible, (c) use of diverse foster homes for placements after
birth and before adoption, and (d) other techniques as
appropriate;
(3) have a written plan for training adoptive and foster
families;
(4) have a written plan for employing staff in adoption and
foster care who have the capacity to assess the foster and
adoptive parents' ability to understand and validate a child's
cultural needs, and to advance the best interests of the child.
The plan must include staffing goals and objectives;
(5) ensure that adoption and foster care workers attend
training offered or approved by the department of human services
regarding cultural diversity and the needs of special needs
children; and
(6) develop and implement procedures for implementing the
requirements of the Indian Child Welfare Act and the Minnesota
Indian Family Preservation Act.
(b) In implementing the requirement to consider relatives
for placement, an authorized child-placing agency may disclose
private or confidential data, as defined in section 13.02, to
relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is
necessary to facilitate implementing the preference. If a
parent makes an explicit request that the relative preference
not be followed, the agency shall bring the matter to the
attention of the court to determine whether the parent's request
is consistent with the best interests of the child and the
agency shall not contact relatives unless ordered to do so by
the juvenile court; and
(c) In determining the suitability of a proposed placement
of an Indian child, the standards to be applied must be the
prevailing social and cultural standards of the Indian child's
community, and the agency shall defer to tribal judgment as to
suitability of a particular home when the tribe has intervened
pursuant to the Indian Child Welfare Act. [257.072, subd. 7]
Subd. 7. [REPORTING REQUIREMENTS.] Each authorized
child-placing agency shall provide to the commissioner of human
services all data needed by the commissioner for the report
required by section 257.0725. The agency shall provide the data
within 15 days of the end of the period for which the data is
applicable. [257.072, subd. 8]
Subd. 8. [RULES.] The commissioner of human services shall
adopt rules to establish standards for conducting relative
searches, recruiting foster and adoptive families, evaluating
the role of relative status in the reconsideration of
disqualifications under section 245A.04, subdivision 3b, and
granting variances of licensing requirements under section
245A.04, subdivision 9, in licensing or approving an individual
related to a child. [257.072, subd. 9]
Sec. 29. [260C.301] [TERMINATION OF PARENTAL RIGHTS.]
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child:
(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;
(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, and reasonable efforts by the social service agency have
failed to correct the conditions that formed the basis of the
petition;
(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;
(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 of a duration or nature
that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental,
or emotional needs of the child. It is presumed that a parent
is palpably unfit to be a party to the parent and child
relationship upon a showing that:
(i) the child was adjudicated in need of protection or
services due to circumstances described in section 260.015,
subdivision 2a, clause (1), (2), (3), (5), or (8); and
(ii) the parent's parental rights to one or more other
children were involuntarily terminated under clause (1), (2),
(4), or (7), or under clause (5) if the child was initially
determined to be in need of protection or services due to
circumstances described in section 260.015, subdivision 2a,
clause (1), (2), (3), (5), or (8);
(5) that following upon a determination of neglect or
dependency, or of 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.
It is presumed that reasonable efforts under this clause have
failed upon a showing that:
(i) a child has resided out of the parental home under
court order for a cumulative period of more than one year within
a five-year period following an adjudication of dependency,
neglect, need for protection or services under section 260.015,
subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or
neglected and in foster care, and an order for disposition under
section 260C.201, including adoption of the case plan required
by section 260C.212;
(ii) conditions leading to the determination will not be
corrected within the reasonably foreseeable future. It is
presumed that conditions leading to a child's out-of-home
placement will not be corrected in the reasonably foreseeable
future upon a showing that the parent or parents have not
substantially complied with the court's orders and a reasonable
case plan, and the conditions which led to the out-of-home
placement have not been corrected; and
(iii) reasonable efforts have been made by the social
service agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental
rights prior to one year after a child has been placed out of
the home.
It is also presumed that reasonable efforts have failed
under this clause upon a showing that:
(i) the parent has been diagnosed as chemically dependent
by a professional certified to make the diagnosis;
(ii) the parent has been required by a case plan to
participate in a chemical dependency treatment program;
(iii) the treatment programs offered to the parent were
culturally, linguistically, and clinically appropriate;
(iv) the parent has either failed two or more times to
successfully complete a treatment program or has refused at two
or more separate meetings with a caseworker to participate in a
treatment program; and
(v) the parent continues to abuse chemicals.
Provided, that this presumption applies only to parents required
by a case plan to participate in a chemical dependency treatment
program on or after July 1, 1990;
(6) that a child has experienced egregious harm in the
parent's care which is of a nature, duration, or chronicity that
indicates a lack of regard for the child's well-being, such that
a reasonable person would believe it contrary to the best
interest of the child or of any child to be in the parent's
care;
(7) 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 259.49 and the person has
not registered with the fathers' adoption registry under section
259.52;
(8) that the child is neglected and in foster care; or
(9) that the parent has been convicted of a crime listed in
section 260.012, paragraph (b), clauses (1) to (3).
In an action involving an American Indian child, sections
260.751 to 260.835 and the Indian Child Welfare Act, United
States Code, title 25, sections 1901 to 1923, control to the
extent that the provisions of this section are inconsistent with
those laws. [260.221, subd. 1]
Subd. 2. [EVIDENCE OF ABANDONMENT.] For purposes of
subdivision 1, paragraph (b), clause (1):
(a) Abandonment is presumed when:
(1) the parent has had no contact with the child on a
regular basis and not demonstrated consistent interest in the
child's well-being for six months and the social service agency
has made reasonable efforts to facilitate contact, unless the
parent establishes that an extreme financial or physical
hardship or treatment for mental disability or chemical
dependency or other good cause prevented the parent from making
contact with the child. This presumption does not apply to
children whose custody has been determined under chapter 257 or
518; or
(2) the child is an infant under two years of age and has
been deserted by the parent under circumstances that show an
intent not to return to care for the child.
The court is not prohibited from finding abandonment in the
absence of the presumptions in clauses (1) and (2).
(b) The following are prima facie evidence of abandonment
where adoption proceedings are pending and there has been a
showing that the person was not entitled to notice of an
adoption proceeding under section 259.49:
(1) failure to register with the fathers' adoption registry
under section 259.52; or
(2) if the person registered with the fathers' adoption
registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt
of notice under section 259.52, subdivision 8;
(ii) failing to timely file an intent to claim parental
rights with entry of appearance form within 30 days of receipt
of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent to claim parental rights with
entry of appearance form within 30 days of receipt of notice
under section 259.52, subdivision 10, but failing to initiate a
paternity action within 30 days of receiving the fathers'
adoption registry notice where there has been no showing of good
cause for the delay. [260.221, subd. 1a]
Subd. 3. [ADOPTIVE PARENT.] For purposes of subdivision 1,
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
subdivision 1, clause (a). [260.221, subd. 2]
Subd. 4. [WHEN PRIOR FINDING REQUIRED.] For purposes of
subdivision 1, clause (b), no prior judicial finding of
dependency, neglect, need for protection or services, or
neglected and in foster care is required, except as provided in
subdivision 1, clause (b), item (5). [260.221, subd. 3]
Subd. 5. [BEST INTERESTS OF CHILD PARAMOUNT.] In any
proceeding under this section, the best interests of the child
must be the paramount consideration, provided that the
conditions in subdivision 1, clause (a), or at least one
condition in subdivision 1, clause (b), are found by the court.
In proceedings involving an American Indian child, as defined in
section 260.755, subdivision 8, the best interests of the child
must be determined consistent with the Indian Child Welfare Act
of 1978, United States Code, title 25, section 1901, et seq.
Where the interests of parent and child conflict, the interests
of the child are paramount. [260.221, subd. 4]
Subd. 6. [FINDINGS REGARDING REASONABLE EFFORTS.] In any
proceeding under this section, the court shall make specific
findings:
(1) regarding the nature and extent of efforts made by the
social service agency to rehabilitate the parent and reunite the
family;
(2) that provision of services or further services for the
purpose of rehabilitation and reunification is futile and
therefore unreasonable under the circumstances; or
(3) that reunification is not required because the parent
has been convicted of a crime listed in section 260.012,
paragraph (b), clauses (1) to (3). [260.221, subd. 5]
Sec. 30. [260C.303] [VENUE.]
Venue for proceedings for the termination of parental
rights is either the county where the child resides or is found.
However, if a court has made an order under the provisions of
section 260C.201, and the order is in force at the time a
petition for termination of parental rights is filed, the court
making the order shall hear the termination of parental rights
proceeding unless it transfers the proceeding in the manner
provided in section 260C.121, subdivision 2. [260.225]
Sec. 31. [260C.307] [PROCEDURES IN TERMINATING PARENTAL
RIGHTS.]
Subdivision 1. [WHO MAY PETITION.] Any reputable person,
including but not limited to any agent of the commissioner of
human services, having knowledge of circumstances which indicate
that the rights of a parent to a child should be terminated, may
petition the juvenile court in the manner provided in section
260C.141, subdivisions 4 and 5. [260.231, subd. 1]
Subd. 2. [HEARING REQUIREMENT.] The termination of
parental rights under the provisions of section 260C.301, shall
be made only after a hearing before the court, in the manner
provided in section 260C.163. [260.231, subd. 2]
Subd. 3. [NOTICE.] The court shall have notice of the
time, place, and purpose of the hearing served on the parents,
as defined in sections 257.51 to 257.74 or 259.49, subdivision
1, clause (2), and upon the child's grandparent if the child has
lived with the grandparent within the two years immediately
preceding the filing of the petition. Notice must be served in
the manner provided in sections 260C.151 and 260C.152, except
that personal service shall be made at least ten days before the
day of the hearing. Published notice shall be made for three
weeks, the last publication to be at least ten days before the
day of the hearing; and notice sent by certified mail shall be
mailed at least 20 days before the day of the hearing. A parent
who consents to the termination of parental rights under the
provisions of section 260C.301, subdivision 2, clause (a), may
waive in writing the notice required by this subdivision;
however, if the parent is a minor or incompetent the waiver
shall be effective only if the parent's guardian ad litem
concurs in writing. [260.231, subd. 3]
Subd. 4. [CONSENT.] No parental rights of a minor or
incompetent parent may be terminated on consent of the parents
under the provisions of section 260C.301, subdivision 2, clause
(a), unless the guardian ad litem, in writing, joins in the
written consent of the parent to the termination of parental
rights. [260.231, subd. 4]
Sec. 32. [260C.312] [DISPOSITION; PARENTAL RIGHTS NOT
TERMINATED.]
If, after a hearing, the court does not terminate parental
rights but determines that 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 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 260C.201. [260.235]
Sec. 33. [260C.317] [TERMINATION OF PARENTAL RIGHTS;
EFFECT.]
Subdivision 1. [TERMINATION.] If, after a hearing, the
court finds by clear and convincing evidence that one or more of
the conditions set out in section 260C.301 exist, it may
terminate parental rights. Upon the termination of parental
rights all rights, powers, privileges, immunities, duties, and
obligations, including any rights to custody, control,
visitation, or support existing between the child and parent
shall be severed and terminated and the parent shall have no
standing to appear at any further legal proceeding concerning
the child. Provided, however, that a parent whose parental
rights are terminated:
(1) shall remain liable for the unpaid balance of any
support obligation owed under a court order upon the effective
date of the order terminating parental rights; and
(2) may be a party to a communication or contact agreement
under section 259.58. [260.241, subd. 1]
Subd. 2. [ORDER.] An order terminating the parent and
child relationship shall not disentitle a child to any benefit
due the child from any third person, agency, state, or the
United States, nor shall any action under this section be deemed
to affect any rights and benefits that a child derives from the
child's descent from a member of a federally recognized Indian
tribe. [260.241, subd. 2]
Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A
certified copy of the findings and the order terminating
parental rights, and a summary of the court's information
concerning the child shall be furnished by the court to the
commissioner or the agency to which guardianship is
transferred. The orders shall be on a document separate from
the findings. The court shall furnish the individual to whom
guardianship is transferred a copy of the order terminating
parental rights.
(b) The court shall retain jurisdiction in a case where
adoption is the intended permanent placement disposition. The
guardian ad litem and counsel for the child shall continue on
the case until an adoption decree is entered. A hearing must be
held every 90 days following termination of parental rights for
the court to review progress toward an adoptive placement and
the specific recruitment efforts the agency has taken to find an
adoptive family or other placement living arrangement for the
child and to finalize the adoption or other permanency plan.
(c) The court shall retain jurisdiction in a case where
long-term foster care is the permanent disposition. The
guardian ad litem and counsel for the child must be dismissed
from the case on the effective date of the permanent placement
order. However, the foster parent and the child, if of
sufficient age, must be informed how they may contact a guardian
ad litem if the matter is subsequently returned to court.
[260.241, subd. 3]
Subd. 4. [RIGHTS OF TERMINATED PARENT.] Upon entry of an
order terminating the parental rights of any person who is
identified as a parent on the original birth certificate of the
child as to whom the parental rights are terminated, the court
shall cause written notice to be made to that person setting
forth:
(a) The right of the person to file at any time with the
state registrar of vital statistics a consent to disclosure, as
defined in section 144.212, subdivision 11;
(b) The right of the person to file at any time with the
state registrar of vital statistics an affidavit stating that
the information on the original birth certificate shall not be
disclosed as provided in section 144.1761;
(c) The effect of a failure to file either a consent to
disclosure, as defined in section 144.212, subdivision 11, or an
affidavit stating that the information on the original birth
certificate shall not be disclosed. [260.241, subd. 4]
Sec. 34. [260C.325] [GUARDIAN.]
Subdivision 1. [TRANSFER OF CUSTODY.] If the court
terminates parental rights of both parents or of the only known
living parent, the court shall order the guardianship and the
legal custody of the child transferred to:
(a) The commissioner of human services; or
(b) A licensed child-placing agency; or
(c) An individual who is willing and capable of assuming
the appropriate duties and responsibilities to the child.
[260.242, subd. 1]
Subd. 2. [PROTECTION OF HERITAGE OR BACKGROUND.] In
ordering guardianship and transferring legal custody of the
child to an individual under this section, the court shall
comply with the provisions of section 260C.193, subdivision 3.
[260.242, subd. 1a]
Subd. 3. [BOTH PARENTS DECEASED.] If upon petition to the
juvenile court by a reputable person, including but not limited
to an agent of the commissioner of human services, and upon
hearing in the manner provided in section 260C.163, the court
finds that both parents are deceased and no appointment has been
made or petition for appointment filed pursuant to sections
525.615 to 525.6185, the court shall order the guardianship and
legal custody of the child transferred to:
(a) the commissioner of human services;
(b) a licensed child-placing agency; or
(c) an individual who is willing and capable of assuming
the appropriate duties and responsibilities to the child.
[260.242, subd. 1b]
Subd. 4. [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian
appointed under the provisions of this section has legal custody
of a ward unless the court which appoints the guardian gives
legal custody to some other person. If the court awards custody
to a person other than the guardian, the guardian nonetheless
has the right and responsibility of reasonable visitation,
except as limited by court order.
(b) The guardian may make major decisions affecting the
person of the ward, including but not limited to giving consent
(when consent is legally required) to the marriage, enlistment
in the armed forces, medical, surgical, or psychiatric
treatment, or adoption of the ward. When, pursuant to this
section, the commissioner of human services is appointed
guardian, the commissioner may delegate to the local social
services agency of the county in which, after the appointment,
the ward resides, the authority to act for the commissioner in
decisions affecting the person of the ward, including but not
limited to giving consent to the marriage, enlistment in the
armed forces, medical, surgical, or psychiatric treatment of the
ward.
(c) A guardianship created under the provisions of this
section shall not of itself include the guardianship of the
estate of the ward.
(d) If the ward is in foster care, the court shall, upon
its own motion or that of the guardian, conduct a dispositional
hearing within 18 months of the child's initial foster care
placement and once every 12 months thereafter to determine the
future status of the ward including, but not limited to, whether
the child should be continued in foster care for a specified
period, should be placed for adoption, or should, because of the
child's special needs or circumstances, be continued in foster
care on a long-term basis. [260.242, subd. 2]
Sec. 35. [260C.328] [CHANGE OF GUARDIAN; TERMINATION OF
GUARDIANSHIP.]
Upon its own motion or upon petition of an interested
party, the juvenile court having jurisdiction of the child may,
after notice to the parties and a hearing, remove the guardian
appointed by the juvenile court and appoint a new guardian in
accordance with the provisions of section 260C.325, subdivision
1, clause (a), (b), or (c). Upon a showing that the child is
emancipated, the court may discharge the guardianship. Any
child 14 years of age or older who is not adopted but who is
placed in a satisfactory foster home, may, with the consent of
the foster parents, join with the guardian appointed by the
juvenile court in a petition to the court having jurisdiction of
the child to discharge the existing guardian and appoint the
foster parents as guardians of the child. The authority of a
guardian appointed by the juvenile court terminates when the
individual under guardianship is no longer a minor or when
guardianship is otherwise discharged. [260.245]
Sec. 36. [260C.331] [COSTS OF CARE.]
Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a)
Except where parental rights are terminated,
(1) whenever legal custody of a child is transferred by the
court to a local social services agency, or
(2) whenever legal custody is transferred to a person other
than the local social services agency, but under the supervision
of the local social services agency,
(3) whenever a child is given physical or mental
examinations or treatment under order of the court, and no
provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge
upon the welfare funds of the county in which proceedings are
held upon certification of the judge of juvenile court.
(b) The court shall order, and the local social services
agency shall require, the parents or custodian of a child, while
the child is under the age of 18, to use the total income and
resources attributable to the child for the period of care,
examination, or treatment, except for clothing and personal
needs allowance as provided in section 256B.35, to reimburse the
county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not
limited to, social security benefits, supplemental security
income (SSI), veterans benefits, railroad retirement benefits
and child support. When the child is over the age of 18, and
continues to receive care, examination, or treatment, the court
shall order, and the local social services agency shall require,
reimbursement from the child for the cost of care, examination,
or treatment from the income and resources attributable to the
child less the clothing and personal needs allowance.
(c) If the income and resources attributable to the child
are not enough to reimburse the county for the full cost of the
care, examination, or treatment, the court shall inquire into
the ability of the parents to support the child and, after
giving the parents a reasonable opportunity to be heard, the
court shall order, and the local social services agency shall
require, the parents to contribute to the cost of care,
examination, or treatment of the child. When determining the
amount to be contributed by the parents, the court shall use a
fee schedule based upon ability to pay that is established by
the local social services agency and approved by the
commissioner of human services. The income of a stepparent who
has not adopted a child shall be excluded in calculating the
parental contribution under this section.
(d) The court shall order the amount of reimbursement
attributable to the parents or custodian, or attributable to the
child, or attributable to both sources, withheld under chapter
518 from the income of the parents or the custodian of the
child. A parent or custodian who fails to pay without good
reason may be proceeded against for contempt, or the court may
inform the county attorney, who shall proceed to collect the
unpaid sums, or both procedures may be used.
(e) If the court orders a physical or mental examination
for a child, the examination is a medically necessary service
for purposes of determining whether the service is covered by a
health insurance policy, health maintenance contract, or other
health coverage plan. Court-ordered treatment shall be subject
to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, copayments or
deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other
medically necessary services. [260.251, subd.1 (omitting
delinquency-related text)]
Subd. 2. [COST OF GROUP FOSTER CARE.] Whenever a child is
placed in a group foster care facility as provided in section
260C.201, subdivision 1, paragraph (b), clause (2) or (3), the
cost of providing the care shall, upon certification by the
juvenile court, be paid from the welfare fund of the county in
which the proceedings were held. To reimburse the counties for
the costs of promoting the establishment of suitable group
foster homes, the state shall quarterly, from funds appropriated
for that purpose, reimburse counties 50 percent of the costs not
paid by federal and other available state aids and grants.
Reimbursement shall be prorated if the appropriation is
insufficient.
The commissioner of corrections shall establish procedures
for reimbursement and certify to the commissioner of finance
each county entitled to receive state aid under the provisions
of this subdivision. Upon receipt of a certificate the
commissioner of finance shall issue a state warrant to the
county treasurer for the amount due, together with a copy of the
certificate prepared by the commissioner of corrections.
[260.251, subd. 1a]
Subd. 3. [COURT EXPENSES.] The following expenses are a
charge upon the county in which proceedings are held upon
certification of the judge of juvenile court or upon such other
authorization provided by law:
(a) The fees and mileage of witnesses, and the expenses and
mileage of officers serving notices and subpoenas ordered by the
court, as prescribed by law.
(b) The expenses for travel and board of the juvenile court
judge when holding court in places other than the county seat.
(c) The expense of transporting a child to a place
designated by a child-placing agency for the care of the child
if the court transfers legal custody to a child-placing agency.
(d) The expense of transporting a minor to a place
designated by the court.
(e) Reasonable compensation for an attorney appointed by
the court to serve as counsel or guardian ad litem. [260.251,
subd. 2]
Subd. 4. [LEGAL SETTLEMENT.] The county charged with the
costs and expenses under subdivisions 1 and 3 may recover these
costs and expenses from the county where the minor has legal
settlement for general assistance purposes by filing verified
claims which shall be payable as are other claims against the
county. A detailed statement of the facts upon which the claim
is based shall accompany the claim. If a dispute relating to
general assistance settlement arises, the local social services
agency of the county denying legal settlement shall send a
detailed statement of the facts upon which the claim is denied
together with a copy of the detailed statement of the facts upon
which the claim is based to the commissioner of human services.
The commissioner shall immediately investigate and determine the
question of general assistance settlement and shall certify
findings to the local social services agency of each county.
The decision of the commissioner is final and shall be complied
with unless, within 30 days thereafter, action is taken in
district court as provided in section 256.045. [260.251, subd.
3]
Subd. 5. [ATTORNEYS FEES.] In proceedings in which the
court has appointed counsel pursuant to section 260C.163,
subdivision 3, for a minor unable to employ counsel, the court
may inquire into the ability of the parents to pay for such
counsel's services and, after giving the parents a reasonable
opportunity to be heard, may order the parents to pay attorneys
fees. [260.251, subd. 4]
Subd. 6. [GUARDIAN AD LITEM FEES.] In proceedings in which
the court appoints a guardian ad litem pursuant to section
260C.163, subdivision 5, clause (a), the court may inquire into
the ability of the parents to pay for the guardian ad litem's
services and, after giving the parents a reasonable opportunity
to be heard, may order the parents to pay guardian fees.
[260.251, subd. 5]
Sec. 37. [260C.335] [CIVIL JURISDICTION OVER PERSONS
CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES; COURT ORDERS.]
Subdivision 1. [JURISDICTION.] The juvenile court has
civil jurisdiction over persons contributing to the need for
protection or services of a child under the provisions of this
section. [260.255, subd. 1 (omitting delinquency-related text)]
Subd. 2. [PETITION; ORDER TO SHOW CAUSE.] A request for
jurisdiction over a person described in subdivision 1 shall be
initiated by the filing of a verified petition by the county
attorney having jurisdiction over the place where the child is
found, resides, or where the alleged act of contributing
occurred. A prior or pending petition alleging that the child
is in need of protection or services is not a prerequisite to a
petition under this section. The petition shall allege the
factual basis for the claim that the person is contributing to
the child's need for protection or services. If the court
determines, upon review of the verified petition, that probable
cause exists to believe that the person has contributed to the
child's need for protection or services, the court shall issue
an order to show cause why the person should not be subject to
the jurisdiction of the court. The order to show cause and a
copy of the verified petition shall be served personally upon
the person and shall set forth the time and place of the hearing
to be conducted under subdivision 3. [260.255, subd. 1a
(omitting delinquency-related text)]
Subd. 3. [HEARING.] (a) The court shall conduct a hearing
on the petition in accordance with the procedures contained in
paragraph (b).
(b) Hearings under this subdivision shall be without a jury.
The rules of evidence promulgated pursuant to section 480.0591
and the provisions under section 260.156 shall apply. In all
proceedings under this section, the court shall admit only
evidence that would be admissible in a civil trial. When the
respondent is an adult, hearings under this subdivision shall be
open to the public. Hearings shall be conducted within five
days of personal service of the order to show cause and may be
continued for a reasonable period of time if a continuance is in
the best interest of the child or in the interests of justice.
(c) At the conclusion of the hearing, if the court finds by
a fair preponderance of the evidence that the person has
contributed to the child's need for protection or services, as
defined in section 260C.425, the court may make any of the
following orders:
(1) restrain the person from any further act or omission in
violation of section 260C.425;
(2) prohibit the person from associating or communicating
in any manner with the child;
(3) require the person to participate in evaluation or
services determined necessary by the court to correct the
conditions that contributed to the child's need for protection
or services;
(4) require the person to provide supervision, treatment,
or other necessary care;
(5) require the person to pay restitution to a victim for
pecuniary damages arising from an act of the child relating to
the child's need for protection or services;
(6) require the person to pay the cost of services provided
to the child or for the child's protection; or
(7) require the person to provide for the child's
maintenance or care if the person is responsible for the
maintenance or care, and direct when, how, and where money for
the maintenance or care shall be paid. If the person is
receiving public assistance for the child's maintenance or care,
the court shall authorize the public agency responsible for
administering the public assistance funds to make payments
directly to vendors for the cost of food, shelter, medical care,
utilities, and other necessary expenses.
(d) An order issued under this section shall be for a fixed
period of time, not to exceed one year. The order may be
renewed or modified prior to expiration upon notice and motion
when there has not been compliance with the court's order or the
order continues to be necessary to eliminate the contributing
behavior or to mitigate its effect on the child. [260.255,
subd. 2 (omitting delinquency-related text)]
Subd. 3. [CRIMINAL PROCEEDINGS.] The county attorney may
bring both a criminal proceeding under section 260C.425 and a
civil action under this section. [260.255, subd. 3]
Sec. 38. [260C.401] [JURISDICTION OF CERTAIN JUVENILE
COURTS OVER OFFENSE OF CONTRIBUTING TO NEGLECT.]
In counties having a population of over 200,000 the
juvenile court has jurisdiction of the offenses described in
section 260C.425. Prosecutions hereunder shall be begun by
complaint duly verified and filed in the juvenile court of the
county. The court may impose conditions upon a defendant who is
found guilty and, so long as the defendant complies with these
conditions to the satisfaction of the court, the sentence
imposed may be suspended. [260.261]
Sec. 39. [260C.405] [VIOLATION OF AN ORDER FOR
PROTECTION.]
Subdivision 1. [VIOLATION; PENALTY.] Whenever an order for
protection is granted pursuant to section 260C.148 or 260C.201,
subdivision 3, restraining the person or excluding the person
from the residence, and the respondent or person to be
restrained knows of the order, violation of the order for
protection is a misdemeanor. [260.271, subd. 1]
Subd. 2. [ARREST.] A peace officer shall arrest without a
warrant and take into custody a person whom the peace officer
has probable cause to believe has violated an order granted
pursuant to section 260C.148 or 260C.201, subdivision 3,
restraining the person or excluding the person from the
residence, if the existence of the order can be verified by the
officer. [260.271, subd. 2]
Subd. 3. [CONTEMPT.] A violation of an order for
protection shall also constitute contempt of court and the
person violating the order shall be subject to the penalties for
contempt. [260.271, subd. 3]
Subd. 4. [ORDER TO SHOW CAUSE.] Upon the filing of an
affidavit by the agency or any peace officer, alleging that the
respondent has violated an order for protection granted pursuant
to section 260C.148 or 260C.201, subdivision 3, the court may
issue an order to the respondent, requiring the respondent to
appear and show cause within 14 days why the respondent should
not be found in contempt of court. The hearing may be held by
the court in any county in which the child or respondent
temporarily or permanently resides at the time of the alleged
violation.
A peace officer is not liable under section 609.43, clause
(1), for failure to perform a duty required by subdivision 2.
[260.271, subd. 4]
Sec. 40. [260C.411] [NEW EVIDENCE.]
A child whose status has been adjudicated by a juvenile
court, or the child's parent, guardian, custodian or spouse may,
at any time within 15 days of the filing of the court's order,
petition the court for a rehearing on the ground that new
evidence has been discovered affecting the advisability of the
court's original adjudication or disposition. Upon a showing
that such evidence does exist the court shall order that a new
hearing be held within 30 days, unless the court extends this
time period for good cause shown within the 30-day period, and
shall make such disposition of the case as the facts and the
best interests of the child warrant. [260.281]
Sec. 41. [260C.415] [APPEAL.]
Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.] An
appeal may be taken by the aggrieved person from a final order
of the juvenile court affecting a substantial right of the
aggrieved person, including but not limited to an order
adjudging a child to be in need of protection or services,
neglected and in foster care. 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. [260.291, subd. 1 (omitting delinquency-related
text)]
Subd. 2. [APPEAL.] The appeal from a juvenile court is
taken to the court of appeals as in civil cases, except as
provided in subdivision 1. [260.291, subd. 2]
Sec. 42. [260C.421] [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 having committed a delinquent act or a juvenile petty
offense may not be adjudicated as a delinquent solely on the
basis of having knowingly interfered with or disobeyed an order
of the court. [260.301]
Sec. 43. [260C.425] [CRIMINAL JURISDICTION FOR
CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES.]
Subdivision 1. [CRIMES.] (a) Any person who by act, word,
or omission encourages, causes, or contributes to the need for
protection or services is guilty of a gross misdemeanor.
(b) This section does not apply to licensed social service
agencies and outreach workers who, while acting within the scope
of their professional duties, provide services to runaway
children. [260.315, subd. 1 (omitting delinquency-related
text)]
Subd. 2. [COMPLAINT; VENUE.] A complaint under this
section may be filed by the county attorney having jurisdiction
where the child is found, resides, or where the alleged act of
contributing occurred. The complaint may be filed in either the
juvenile or criminal divisions of the district court. A prior
or pending petition alleging that the child is delinquent, a
juvenile petty offender, or in need of protection or services is
not a prerequisite to a complaint or a conviction under this
section. [260.315, subd. 2]
Subd. 3. [AFFIRMATIVE DEFENSE.] If the child's conduct is
the basis for the child's need for protection services, it is an
affirmative defense to a prosecution under subdivision 1 if the
defendant proves, by a preponderance of the evidence, that the
defendant took reasonable steps to control the child's conduct.
[260.315, subd. 3 (omitting delinquency-related text)]
Sec. 44. [260C.431] [TESTS, EXAMINATIONS.]
Thereafter it shall be the duty of the commissioner of
human services through the bureau of child welfare and local
social services agencies 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 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 local social services agency.
[260.35]
Sec. 45. [260C.435] [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 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 260C.431. If the commissioner of human services is
satisfied that the child is mentally retarded the commissioner
may bring the child before the district 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.
[260.36]
Sec. 46. [260C.441] [COST, PAYMENT.]
In addition to the usual care and services given by public
and private agencies, the necessary cost incurred by the
commissioner of human services in providing care for such child
shall be paid by the county committing such child which, subject
to uniform rules established by the commissioner of human
services, may receive a reimbursement not exceeding one-half of
such costs from funds made available for this purpose by the
legislature during the period beginning July 1, 1985, and ending
December 31, 1985. Beginning January 1, 1986, the necessary
cost incurred by the commissioner of human services in providing
care for the child must be paid by the county committing the
child. Where such child is eligible to receive a grant of aid
to families with dependent children, Minnesota family investment
program-statewide or supplemental security income for the aged,
blind, and disabled, or a foster care maintenance payment under
title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the child's needs shall be met through
these programs. [260.38]
Sec. 47. [260C.446] [DISTRIBUTION OF FUNDS RECOVERED FOR
ASSISTANCE FURNISHED.]
When any amount shall be recovered from any source for
assistance furnished under the provisions of sections 260C.001
to 260C.421, 260C.431, 260C.435, and 260C.441, there shall be
paid into the treasury of the state or county in the proportion
in which they have respectively contributed toward the total
assistance paid. [260.39]
Sec. 48. [260C.451] [AGE LIMIT FOR BENEFITS TO CHILDREN.]
For purposes of any program for foster children or children
under state guardianship for which benefits are made available
on June 1, 1973, unless specifically provided therein, the age
of majority shall be 21 years of age. [260.40]
ARTICLE 4
IMPLEMENTATION OF ACT
Section 1. [EFFECT OF CHANGES IN THIS ACT.]
The legislature intends this act to be a clarification and
reorganization of laws relating to juvenile delinquency and
child protection in Minnesota Statutes, chapters 257 and 260.
The changes that have been made are not intended to alter those
laws and shall not be construed by a court or other authority to
alter them.
Sec. 2. [INSTRUCTION TO REVISOR.]
(a) The revisor shall publish the statutory derivations of
the laws repealed and recodified in this act in Laws of
Minnesota and in the statutory history of chapters 257 and 260
in Minnesota Statutes.
(b) The revisor shall correct cross-references in Minnesota
Statutes and Minnesota Rules to sections that are repealed and
recodified by this act, and if Minnesota Statutes, chapter 257
or 260 is further amended in the 1999 legislative session, shall
codify the amendments in a manner consistent with this act.
Sec. 3. [REPEALER.]
Minnesota Statutes 1998, sections 257.069; 257.071;
257.0711; 257.072; 257.35; 257.351; 257.352; 257.353; 257.354;
257.355; 257.356; 257.3571; 257.3572; 257.3573; 257.3574;
257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 257.40;
257.41; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48;
260.011, subdivision 2; 260.013; 260.015; 260.092; 260.094;
260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 260.126;
260.131; 260.132; 260.133; 260.135; 260.141; 260.145; 260.151;
260.155; 260.157; 260.161; 260.162; 260.165; 260.171; 260.172;
260.173; 260.1735; 260.174; 260.181; 260.185; 260.191; 260.192;
260.193; 260.195; 260.211; 260.215; 260.221; 260.241; 260.242;
260.245; 260.251; 260.255; 260.261; 260.271; 260.281; 260.291;
260.301; 260.315; 260.35; 260.36; 260.39; and 260.40, are
repealed.
Presented to the governor May 7, 1999
Signed by the governor May 11, 1999, 1:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes