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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.

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