Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 165-H.F.No. 1816
An act relating to human services; extending coverage
of certain mental health services; providing for
children's mental health services; changing certain
civil commitment provisions; establishing a task force
to study disposition of persons committed as sexually
dangerous or sexual psychopathic personality;
requiring a report; amending Minnesota Statutes 2004,
sections 148C.11, subdivision 1; 253B.02, subdivisions
7, 9; 253B.05, subdivision 2; 256.9693; 256B.0624, by
adding a subdivision; 260C.141, subdivision 2;
260C.193, subdivision 2; 260C.201, subdivisions 1, 2;
260C.205; 260C.212, subdivision 1; repealing Laws
2001, First Special Session chapter 9, article 9,
section 52; Laws 2002, chapter 335, section 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
MENTAL HEALTH SERVICES
Section 1. Minnesota Statutes 2004, section 148C.11,
subdivision 1, is amended to read:
Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in this
chapter prevents members of other professions or occupations
from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to,
licensed physicians, registered nurses, licensed practical
nurses, licensed psychological practitioners, members of the
clergy, American Indian medicine men and women, licensed
attorneys, probation officers, licensed marriage and family
therapists, licensed social workers, licensed professional
counselors, licensed school counselors, registered occupational
therapists or occupational therapy assistants, and until July 1,
2005 2007, individuals providing integrated dual-diagnosis
treatment in adult mental health rehabilitative programs
certified by the Department of Human Services under section
256B.0622 or 256B.0623.
(b) Nothing in this chapter prohibits technicians and
resident managers in programs licensed by the Department of
Human Services from discharging their duties as provided in
Minnesota Rules, chapter 9530.
(c) Any person who is exempt under this section but who
elects to obtain a license under this chapter is subject to this
chapter to the same extent as other licensees.
(d) These persons must not, however, use a title
incorporating the words "alcohol and drug counselor" or
"licensed alcohol and drug counselor" or otherwise hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of alcohol and
drug counseling, or that they are licensed to engage in the
practice of alcohol and drug counseling. Persons engaged in the
practice of alcohol and drug counseling are not exempt from the
commissioner's jurisdiction solely by the use of one of the
above titles.
Sec. 2. Minnesota Statutes 2004, section 256.9693, is
amended to read:
256.9693 [CONTINUING CARE PROGRAM FOR PERSONS WITH MENTAL
ILLNESS.]
The commissioner shall establish a continuing care benefit
program for persons with mental illness in which persons with
mental illness may obtain acute care hospital inpatient
treatment for mental illness for up to 45 days beyond that
allowed by section 256.969. The commissioner may authorize
additional days beyond 45 based on an individual review of
medical necessity. Persons with mental illness who are eligible
for medical assistance may obtain inpatient treatment under this
program in hospital beds for which the commissioner contracts
under this section. The commissioner may selectively contract
with hospitals to provide this benefit through competitive
bidding when reasonable geographic access by recipients can be
assured. Payments under this section shall not affect payments
under section 256.969. The commissioner may contract externally
with a utilization review organization to authorize persons with
mental illness to access the continuing care benefit program.
The commissioner, as part of the contracts with hospitals, shall
establish admission criteria to allow persons with mental
illness to access the continuing care benefit program. If a
court orders acute care hospital inpatient treatment for mental
illness for a person, the person may obtain the treatment under
the continuing care benefit program. The commissioner shall not
require, as part of the admission criteria, any commitment or
petition under chapter 253B as a condition of accessing the
program. This benefit is not available for people who are also
eligible for Medicare and who have not exhausted their annual or
lifetime inpatient psychiatric benefit under Medicare. If a
recipient is enrolled in a prepaid plan, this program is
included in the plan's coverage.
Sec. 3. Minnesota Statutes 2004, section 256B.0624, is
amended by adding a subdivision to read:
Subd. 4a. [ALTERNATIVE PROVIDER STANDARDS FOR ADULT MENTAL
HEALTH CRISIS RESPONSE SERVICES.] If a county demonstrates that,
due to geographic or other barriers, it is not feasible to
provide mobile crisis intervention services according to the
standards in subdivision 4, paragraph (b), clause (9), the
commissioner may approve a crisis response provider based on an
alternative plan proposed by a county or group of counties. The
alternative plan must:
(1) result in increased access and a reduction in
disparities in the availability of crisis services;
(2) provide mobile services outside of the usual
nine-to-five office hours and on weekends and holidays; and
(3) comply with standards for emergency mental health
services in section 245.469.
Sec. 4. [REPEALER.]
Laws 2001, First Special Session chapter 9, article 9,
section 52; and Laws 2002, chapter 335, section 4, are repealed
effective the day following final enactment.
ARTICLE 2
CHILDREN'S MENTAL HEALTH
Section 1. Minnesota Statutes 2004, section 260C.141,
subdivision 2, is amended to read:
Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social
services 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 must proceed in juvenile court to review the
foster care status of the child in the manner provided in this
section.
(a) Except for a child in placement foster care due solely
to the child's developmental disability or emotional
disturbance, when a child continues in voluntary placement
according to section 260C.212, subdivision 8, a petition shall
be filed alleging the child to be in need of protection or
services or seeking termination of parental rights or other
permanent placement of the child away from the parent within 90
days of the date of the voluntary placement agreement. The
petition shall state the reasons why the child is in placement,
the progress on the out-of-home placement plan required under
section 260C.212, subdivision 1, and the statutory basis for the
petition under section 260C.007, subdivision 6, 260C.201,
subdivision 11, or 260C.301.
(1) In the case of a petition alleging the child to be in
need of protection or services filed under this paragraph, if
all parties agree and the court finds it is in the best
interests of the child, the court may find the petition states a
prima facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the
best interests of the child;
(iii) reasonable efforts to reunify the child and the
parent or guardian are being made; and
(iv) the child will be returned home in the next three
months.
(2) If the court makes findings under paragraph (1), the
court shall approve the voluntary arrangement and continue the
matter for up to three more months to ensure the child returns
to the parents' home. The responsible social services agency
shall:
(i) report to the court when the child returns home and the
progress made by the parent on the out-of-home placement plan
required under section 260C.212, in which case the court shall
dismiss jurisdiction;
(ii) report to the court that the child has not returned
home, in which case the matter shall be returned to the court
for further proceedings under section 260C.163; or
(iii) if any party does not agree to continue the matter
under this paragraph and paragraph (1) and this paragraph, the
matter shall proceed under section 260C.163.
(b) Subd. 2a. [VOLUNTARY FOSTER CARE PLACEMENT.] In the
case of a child in voluntary placement due solely to the child's
developmental disability or emotional disturbance according to
section 260C.212, subdivision 9, the following procedures apply:
a petition under subdivision 1 shall not be filed unless a child
continues in foster care for 13 consecutive months from the date
of the voluntary placement, in which case, the responsible
social services agency shall proceed under clause (2). In lieu
of filing a petition to obtain judicial review of a child's
voluntary placement due solely to disability and within 165 days
of the placement, the responsible social services agency must
report to the court as follows:
(1) [REPORT TO COURT.] (i) Unless the county attorney
determines that a petition under subdivision 1 is appropriate,
without filing a petition, A written report shall be forwarded
to the court within 165 days of the date of the voluntary
placement agreement. The written report shall contain necessary
identifying information for the court to proceed, a copy of the
out-of-home placement plan required under section 260C.212,
subdivision 1, a written summary of the proceedings of any
administrative review required under section 260C.212,
subdivision 7, and any other information the responsible social
services agency, parent or guardian, the child or the foster
parent or other residential facility wants the court to
consider. In the case of a child in placement due solely to an
emotional disturbance, the written report shall include as an
attachment the child's individual treatment plan developed by
the child's treatment professional, as provided in section
245.4871, subdivision 21, or the child's individual interagency
intervention plan, as provided in section 125A.023, subdivision
3, paragraph (c). In the case of a child in placement due
solely to a developmental disability, the written report shall
include as an attachment the child's individual service plan, as
provided in section 256B.092, subdivision 1b; the child's
individual program plan, as provided in Minnesota Rules, part
9525.0004, subpart 11; the child's waiver care plan; or the
child's individual interagency intervention plan, as provided in
section 125A.023, subdivision 3, paragraph (c).
(ii) The responsible social services agency, where
appropriate, must advise the child, parent or guardian, the
foster parent, or representative of the residential facility of
the requirements of this section and of their right to submit
information to the court. If the child, parent or guardian,
foster parent, or representative of the residential facility
wants to send information to the court, the responsible social
services agency shall advise those persons of the reporting date
and the identifying information necessary for the court
administrator to accept the information and submit it to a judge
with the agency's report. The responsible social services
agency must also notify those persons that they have the right
to be heard in person by the court and how to exercise that
right. The responsible social services agency must also provide
notice that an in-court hearing will not be held unless
requested by a parent or guardian, foster parent, or the child.
(iii) After receiving the required report, the court has
jurisdiction to make the following determinations and must do so
within ten days of receiving the forwarded report: (A) whether
or not the placement of the child is in the child's best
interests; and (B) whether the parent and agency are
appropriately planning for the child. Unless requested by a
parent or guardian, foster parent, or child, no in-court hearing
need shall be held in order for the court to make findings and
issue an order under this paragraph.
(iv) If the court finds the placement is in the child's
best interests and that the agency and parent are appropriately
planning for the child, the court shall issue an order
containing explicit, individualized findings to support its
determination. The court shall send a copy of the order to the
county attorney, the responsible social services agency, the
parent or guardian, the child, and the foster parents. The
court shall also send the parent or guardian, the child, and the
foster parent notice of the required review under clause (2).
(v) If the court finds continuing the placement not to be
in the child's best interests or that the agency or the parent
or guardian is not appropriately planning for the child, the
court shall notify the county attorney, the responsible social
services agency, the parent or guardian, the foster parent, the
child, and the county attorney of the court's determinations and
the basis for the court's determinations.
(2) [PERMANENCY REVIEW BY PETITION.] If a child with a
developmental disability or an emotional disturbance continues
in out-of-home placement for 13 months from the date of a
voluntary placement, a petition alleging the child to be in need
of protection or services, for termination of parental rights,
or for permanent placement of the child away from the parent
under section 260C.201 shall be filed. The court shall conduct
a permanency hearing on the petition no later than 14 months
after the date of the voluntary placement. At the permanency
hearing, the court shall determine the need for an order
permanently placing the child away from the parent or determine
whether there are compelling reasons that continued voluntary
placement is in the child's best interests. A petition alleging
the child to be in need of protection or services shall state
the date of the voluntary placement agreement, the nature of the
child's developmental disability or emotional disturbance, the
plan for the ongoing care of the child, the parents'
participation in the plan, the responsible social services
agency's efforts to finalize a plan for the permanent placement
of the child, and the statutory basis for the petition.
(i) If a petition alleging the child to be in need of
protection or services is filed under this paragraph, the court
may find, based on the contents of the sworn petition, and the
agreement of all parties, including the child, where
appropriate, that there are compelling reasons that the
voluntary arrangement is in the best interests of the child and
that the responsible social services agency has made reasonable
efforts to finalize a plan for the permanent placement of the
child, approve the continued voluntary placement, and continue
the matter under the court's jurisdiction for the purpose of
reviewing the child's placement as a continued voluntary
arrangement every 12 months as long as the child continues in
out-of-home placement.
(ii) When the court finds compelling reasons and approves
the continued voluntary placement under this subdivision, the
court shall not adjudicate the child in need of protection or
services and shall not order the child placed in foster care or
transfer legal custody of the child to the responsible social
services agency. A finding that the court approves the
continued voluntary placement means the responsible social
services agency has continued legal responsibility for the
child's placement due to the voluntary placement agreement and
that the parent may terminate the voluntary agreement as
provided in section 260C.212, subdivision 4, paragraph (c),
clause (2), or, in the case of an Indian child, as provided in
section 260.765, subdivision 4.
(iii) The matter must be returned to the court for further
review every 12 months as long as the child remains in
placement. The court shall give notice to the parent or
guardian of the continued review requirements under this
section. Nothing in this paragraph shall be construed to mean
the court must order permanent placement for the child under
section 260C.201, subdivision 11, as long as the court finds
compelling reasons at the first review required under this
section.
(iv) If a child diagnosed with developmental disability or
emotional disturbance has been ordered into foster care under
section 260C.178 or 260C.201 and the conditions which led to the
court's order have been corrected so that the child could safely
return to the care of the parent or guardian except for the
child's need for continued placement to access necessary
treatment or services, the responsible social services agency
may file a motion with the court in the child in need of
protection or services matter to vacate the finding that the
child is in need of protection or services and to vacate the
award of custody to the responsible agency. The motion shall be
supported by affidavit setting forth: (A) the agency's
reasonable efforts to finalize a permanent plan for the child
including returning the child home; (B) the agency's compelling
reasons why a permanent placement need not be ordered under
section 260C.201, subdivision 11; and (C) why the voluntary
placement is in the child's best interests. This motion must be
filed no later than the time a permanency placement
determination hearing is required under section 260C.201,
subdivision 11. At the time scheduled for the court to hear the
agency's motion, the parent or guardian and agency may execute a
voluntary placement agreement when the court approves the
child's continued foster care placement as a voluntary
arrangement. The court may approve the continued foster care
placement as a voluntary arrangement if it finds there are
compelling reasons why continued placement on a voluntary basis
is in the child's best interests and that the responsible social
services agency has made reasonable efforts to finalize a plan
for the permanent placement of the child. The matter shall
continue under the court's jurisdiction for the purpose of
reviewing the child's placement as a continued voluntary
arrangement every 12 months as long as the child continues in
out-of-home placement due solely to the child's disability. A
finding that the court approves the continued voluntary
placement means the responsible social services agency has
continued legal responsibility for the child's placement due to
the voluntary placement agreement and that the parent may
terminate the voluntary agreement as provided in section
260C.212, subdivision 4, paragraph (c), clause (2), or, in the
case of an Indian child, as provided in section 260.765,
subdivision 4.
(ii) (v) If a petition for termination of parental rights,
for transfer of permanent legal and physical custody to a
relative, for long-term foster care, or for foster care for a
specified period of time is filed, the court must proceed under
section 260C.201, subdivision 11.
(3) If any party, including the child, disagrees with the
voluntary arrangement, the court shall proceed under section
260C.163.
Sec. 2. Minnesota Statutes 2004, section 260C.193,
subdivision 2, is amended to read:
Subd. 2. [CONSIDERATION OF REPORTS.] Before making a
disposition in a case, terminating parental rights, or
appointing a guardian for a child, the court may consider any
report or recommendation made by the responsible social services
agency, probation officer, licensed child-placing agency, foster
parent, guardian ad litem, tribal representative, the child's
health or mental health care provider, 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.
Sec. 3. Minnesota Statutes 2004, section 260C.201,
subdivision 1, is amended to read:
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
responsible social services agency or child-placing agency in
the home of a parent of the child under conditions prescribed by
the court directed to the correction of the child's need for
protection or services:
(i) the court may order the child into the home of a parent
who does not otherwise have legal custody of the child, however,
an order under this section does not confer legal custody on
that parent;
(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity
establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court
for the child to continue in his home;
(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the
noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In placing a
child whose custody has been transferred under this paragraph,
the agencies shall make an individualized determination of how
the placement is in the child's best interests using the
consideration for relatives and the best interest factors in
section 260C.212, subdivision 2, paragraph (b); or
(3) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section
245.4871, subdivision 15, the court may order the child's
parent, guardian, or custodian to provide it. The court may
order the child's health plan company to provide mental health
services to the child. Section 62Q.535 applies to an order for
mental health services directed to the child's health plan
company. If the health plan, parent, guardian, or custodian
fails or is unable to provide this treatment or care, the court
may order it provided. Absent specific written findings by the
court that the child's disability is the result of abuse or
neglect by the child's parent or guardian, 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.
(e) When a parent has complied with a case plan ordered
under subdivision 6 and the child is in the care of the parent,
the court may order the responsible social services agency to
monitor the parent's continued ability to maintain the child
safely in the home under such terms and conditions as the court
determines appropriate under the circumstances.
Sec. 4. Minnesota Statutes 2004, section 260C.201,
subdivision 2, is amended to read:
Subd. 2. [WRITTEN FINDINGS.] (a) Any order for a
disposition authorized under this section shall contain written
findings of fact to support the disposition and case plan
ordered and shall also set forth in writing the following
information:
(1) Why the best interests and safety of the child are
served by the disposition and case plan ordered;
(2) What alternative dispositions or services under the
case plan were considered by the court and why such dispositions
or services were not appropriate in the instant case;
(3) When legal custody of the child is transferred, the
appropriateness of the particular placement made or to be made
by the placing agency using the factors in section 260C.212,
subdivision 2, paragraph (b); and
(4) 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; and
(5) If the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871,
subdivision 15, the written findings shall also set forth:
(i) whether the child has mental health needs that must be
addressed by the case plan;
(ii) what consideration was given to the diagnostic and
functional assessments performed by the child's mental health
professional and to health and mental health care professionals'
treatment recommendations;
(iii) what consideration was given to the requests or
preferences of the child's parent or guardian with regard to the
child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural
appropriateness of the child's treatment or services.
(b) 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.
(c) If the child has been identified by the responsible
social services agency as the subject of concurrent permanency
planning, the court shall review the reasonable efforts of the
agency to recruit, identify, and make a placement in a home
where the foster parent or relative that has committed to being
the legally permanent home for the child in the event
reunification efforts are not successful.
Sec. 5. Minnesota Statutes 2004, section 260C.205, is
amended to read:
260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.]
Unless the court disposes of the petition under section
260C.141, subdivision 2, upon a petition for review of the
foster care status of a child, the court may:
(a) Find that the child's needs are not being met, in which
case the court shall order the social services 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 services agency of services to the
parents which would enable the child to live at home, and order
a disposition under section 260C.201.
(b) 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 services agency to file an appropriate petition pursuant
to section 260C.141, subdivision 1, or 260C.307.
(c) When a child is in placement due solely to the child's
developmental disability or emotional disturbance and the court
finds that there are compelling reasons which permit the court
to approve the continued voluntary placement of the child and
retain jurisdiction to conduct reviews as required under section
260C.141, subdivision 2, the court shall give the parent notice
by registered United States mail of the review requirements of
section 260C.141, subdivision 2, in the event the child
continues in placement 12 months or longer.
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.
Sec. 6. Minnesota Statutes 2004, section 260C.212,
subdivision 1, is amended to read:
Subdivision 1. [OUT-OF-HOME PLACEMENT; PLAN.] (a) An
out-of-home placement 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 18.
(b) An out-of-home placement plan means a written document
which is prepared by the responsible social services agency
jointly with the parent or parents or guardian of the child and
in consultation with the child's guardian ad litem, the child's
tribe, if the child is an Indian child, the child's foster
parent or representative of the residential facility, and, where
appropriate, the child. For a child in placement due solely or
in part to the child's emotional disturbance, preparation of the
out-of-home placement plan shall additionally include the
child's mental health treatment provider. As appropriate, the
plan shall be:
(1) submitted to the court for approval under section
260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified
after hearing, under section 260C.178, subdivision 7, or
260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the
child, the child's guardian ad litem, a representative of the
child's tribe, the responsible social services agency, and, if
possible, the child.
(c) The out-of-home placement plan shall be explained to
all persons involved in its implementation, including the child
who has signed the plan, and shall set forth:
(1) a description of the residential facility including how
the out-of-home placement plan is designed to achieve a safe
placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to
the home of the parent or parents or guardian of the child when
the case plan goal is reunification, and how the placement is
consistent with the best interests and special needs of the
child according to the factors under subdivision 2, paragraph
(b);
(2) the specific reasons for the placement of the child in
a residential facility, and when reunification is the plan, a
description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from
home and the changes the parent or parents must make in order
for the child to safely return home;
(3) a description of the services offered and provided to
prevent removal of the child from the home and to reunify the
family including:
(i) 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 (2), and the time period during
which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian
child, active efforts to be made to achieve a safe and stable
home for the child including social and other supportive
services to be provided or offered to the parent or parents or
guardian of the child, the child, and the residential facility
during the period the child is in the residential facility;
(4) a description of any services or resources that were
requested by the child or the child's parent, guardian, foster
parent, or custodian since the date of the child's placement in
the residential facility, and whether those services or
resources were provided and if not, the basis for the denial of
the services or resources;
(5) the visitation plan for the parent or parents or
guardian, other relatives as defined in section 260C.007,
subdivision 27, and siblings of the child if the siblings are
not placed together in the residential facility, and whether
visitation is consistent with the best interest of the child,
during the period the child is in the residential facility;
(6) documentation of steps to finalize the adoption or
legal guardianship of the child if the court has issued an order
terminating the rights of both parents of the child or of the
only known, living parent of the child, and a copy of this
documentation shall be provided to the court in the review
required under section 260C.317, subdivision 3, paragraph (b);
(7) to the extent available and accessible, the health and
educational records of the child including:
(i) the names and addresses of the child's health and
educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) assurances that the child's placement in foster care
takes into account proximity to the school in which the child is
enrolled at the time of placement;
(v) a record of the child's immunizations;
(vi) the child's known medical problems, including any
known communicable diseases, as defined in section 144.4172,
subdivision 2;
(vii) the child's medications; and
(viii) any other relevant health and education information;
and
(8) an independent living plan for a child age 16 or older
who is in placement as a result of a permanency disposition.
The plan should include, but not be limited to, the following
objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate,
assisting the child in obtaining a driver's license;
(iv) money management;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the
child's family and community; and
(9) for a child in placement due solely or in part to the
child's emotional disturbance, diagnostic and assessment
information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian 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 services agency in preparation of the
case plan.
After the plan has been agreed upon by the parties involved
or approved or ordered by the court, the foster parents shall be
fully informed of the provisions of the case plan and shall be
provided a copy of the plan.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 6 shall be effective the day following final
enactment.
ARTICLE 3
CIVIL COMMITMENT
Section 1. Minnesota Statutes 2004, section 253B.02,
subdivision 7, is amended to read:
Subd. 7. [EXAMINER.] "Examiner" means a person who is
knowledgeable, trained, and practicing in the diagnosis and
assessment or in the treatment of the alleged impairment, and
who is:
(1) a licensed physician; or
(2) a licensed psychologist who has a doctoral degree in
psychology or who became a licensed consulting psychologist
before July 2, 1975; or
(3) an advanced practice registered nurse certified in
mental health, except that only a physician or psychologist
meeting these requirements may be appointed by the court as
described by sections 253B.07, subdivision 3; 253B.092,
subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18,
subdivision 2; and 253B.19, subdivisions 1 and 2, and only a
physician or psychologist may conduct an assessment as described
by Minnesota Rules of Criminal Procedure, Rule 20.
Sec. 2. Minnesota Statutes 2004, section 253B.02,
subdivision 9, is amended to read:
Subd. 9. [HEALTH OFFICER.] "Health officer" means a
licensed physician, licensed psychologist, licensed social
worker, registered nurse working in an emergency room of a
hospital, or psychiatric or public health nurse as defined in
section 145A.02, subdivision 18, or an advanced practice
registered nurse (APRN) as defined in section 148.171,
subdivision 3, and formally designated members of a prepetition
screening unit established by section 253B.07.
Sec. 3. Minnesota Statutes 2004, section 253B.05,
subdivision 2, is amended to read:
Subd. 2. [PEACE OR HEALTH OFFICER AUTHORITY.] (a) A peace
or health officer may take a person into custody and transport
the person to a licensed physician or treatment facility if the
officer has reason to believe, either through direct observation
of the person's behavior, or upon reliable information of the
person's recent behavior and knowledge of the person's past
behavior or psychiatric treatment, that the person is mentally
ill or mentally retarded and in danger of injuring self or
others if not immediately detained. A peace or health officer
or a person working under such officer's supervision, may take a
person who is believed to be chemically dependent or is
intoxicated in public into custody and transport the person to a
treatment facility. If the person is intoxicated in public or
is believed to be chemically dependent and is not in danger of
causing self-harm or harm to any person or property, the peace
or health officer may transport the person home. The peace or
health officer shall make written application for admission of
the person to the treatment facility. The application shall
contain the peace or health officer's statement specifying the
reasons for and circumstances under which the person was taken
into custody. If danger to specific individuals is a basis for
the emergency hold, the statement must include identifying
information on those individuals, to the extent practicable. A
copy of the statement shall be made available to the person
taken into custody.
(b) As far as is practicable, a peace officer who provides
transportation for a person placed in a facility under this
subdivision may not be in uniform and may not use a vehicle
visibly marked as a law enforcement vehicle.
(c) A person may be admitted to a treatment facility for
emergency care and treatment under this subdivision with the
consent of the head of the facility under the following
circumstances: (1) a written statement is made by shall only be
made by the following individuals who are knowledgeable,
trained, and practicing in the diagnosis and treatment of mental
illness or mental retardation; the medical officer, or the
officer's designee on duty at the facility, if the designee is
including a licensed physician, a registered physician
assistant, or an advanced practice registered nurse who is
knowledgeable, trained, and practicing in the diagnosis and
treatment of mental illness or mental retardation, that after
preliminary examination has determined that the person has
symptoms of mental illness or mental retardation and appears to
be in danger of harming self or others if not immediately
detained; or (2) a written statement is made by the institution
program director or the director's designee on duty at the
facility after preliminary examination that the person has
symptoms of chemical dependency and appears to be in danger of
harming self or others if not immediately detained or is
intoxicated in public.
Sec. 4. [SUPREME COURT TASK FORCE; STUDY REQUIRED.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota Supreme
Court is requested to establish a task force to study the use of
the court system as an alternative to the administrative process
of the Special Review Board for reductions in custody and
discharge from commitment of those persons committed as a
sexually dangerous person or sexual psychopathic personality
under Minnesota Statutes, section 253B.185.
Subd. 2. [MEMBERSHIP.] The task force shall consist of the
following:
(1) a representative from the Minnesota Supreme Court;
(2) a court administrator;
(3) a district court judge;
(4) a county attorney selected by the County Attorney's
Association;
(5) a representative from the Attorney General's Office;
(6) the ombudsman for mental health and mental retardation;
(7) a law enforcement representative;
(8) a county case manager;
(9) a victim services representative;
(10) a person experienced in treating sex offenders;
(11) a defense attorney;
(12) the commissioner of human services or the
commissioner's designee;
(13) the state-operated services forensic medical director
or the medical director's designee;
(14) the commissioner of corrections or the commissioner's
designee;
(15) a representative from community corrections;
(16) a member of the Special Review Board; and
(17) any other persons deemed necessary by the Minnesota
Supreme Court.
Subd. 3. [RECOMMENDATIONS.] The task force shall convene
no later than August 1, 2005. The task force shall examine
current law and practices relating to the reduction in custody
and discharge of persons committed as a sexually dangerous
person or sexual psychopathic personality. The task force shall
examine the laws of other jurisdictions and shall make
recommendations regarding reduction in custody and discharge
procedures and release criteria. The recommendations may
suggest the establishment of a judicial process rather than the
Special Review Board to authorize a reduction in custody or
discharge.
Subd. 4. [REPORT.] The task force shall report to the
chairs of the house Public Safety Policy and Finance Committee
and the senate Crime Prevention and Public Safety Committee with
recommendations by February 1, 2006.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 8:00 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes