1.1                          A bill for an act 
  1.2             relating to juvenile justice; recodifying, clarifying, 
  1.3             and relocating provisions relating to juvenile 
  1.4             delinquency and child protection; providing separate 
  1.5             areas of law dealing with child protection and 
  1.6             delinquency; amending Minnesota Statutes 1996, section 
  1.7             260.011, subdivision 1; proposing coding for new law 
  1.8             in Minnesota Statutes, chapter 260; proposing coding 
  1.9             for new law as Minnesota Statutes, chapters 260B; and 
  1.10            260C; repealing Minnesota Statutes 1996, sections 
  1.11            257.071, subdivisions 1, 5, 8, 9, and 10; 257.072, 
  1.12            subdivision 8; 257.35; 257.351; 257.352, subdivisions 
  1.13            1, 2, and 4; 257.353; 257.354; 257.355; 257.356; 
  1.14            257.3571; 257.3572; 257.3573, subdivisions 1 and 3; 
  1.15            257.3574; 257.3575; 257.3576; 257.3577; 257.3578; 
  1.16            257.3579; 257.40; 257.42; 257.43; 257.44; 257.45; 
  1.17            257.46; 257.47; 257.48; 260.011, subdivision 2; 
  1.18            260.013; 260.015, subdivisions 1, 1a, 2, 3, 4, 5, 5a, 
  1.19            7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 
  1.20            22, 23, 24, 25, 26, 27, and 28; 260.092; 260.094; 
  1.21            260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 
  1.22            260.126; 260.131, subdivisions 1a, 1b, 3, and 4; 
  1.23            260.132; 260.133; 260.135; 260.141; 260.145; 260.151; 
  1.24            260.152, subdivisions 1, 4, and 5; 260.155, 
  1.25            subdivisions 1, 1b, 4a, 4b, 5, 6, 7, and 9; 260.157; 
  1.26            260.161, subdivisions 1b, 4, and 5; 260.165, 
  1.27            subdivision 2; 260.171, subdivisions 1, 4, 5, 5a, and 
  1.28            6; 260.172; 260.173, subdivisions 1, 3, 4, and 5; 
  1.29            260.174; 260.181, subdivisions 1, 2, and 4; 260.185, 
  1.30            subdivisions 1a, 1b, 1c, 2, 3, 3a, 4, 5, 6, and 7; 
  1.31            260.191, subdivisions 1b, 1c, 1d, 1e, 2, 2a, 3, and 4; 
  1.32            260.193; 260.195, subdivisions 1, 2, 2a, 4, 5, 6, and 
  1.33            7; 260.211; 260.215; 260.221, subdivisions 2, 3, and 
  1.34            4; 260.241, subdivisions 2 and 4; 260.242, 
  1.35            subdivisions 1, 1a, and 1b; 260.245; 260.251; 260.255; 
  1.36            260.261; 260.271; 260.281; 260.291; 260.301; 260.315; 
  1.37            260.35; 260.36; 260.39; and 260.40; Minnesota Statutes 
  1.38            1997 Supplement, sections 257.02; 257.0215; 257.022, 
  1.39            subdivisions 2 and 3a; 257.069; 257.071, subdivisions 
  1.40            1a, 1c, 1d, 1e, 2, 3, 4, and 7; 257.072, subdivisions 
  1.41            1, 2, 3, 4, 5, 7, and 9; 257.352, subdivisions 3, 3a, 
  1.42            3b, and 3c; 257.3573, subdivision 2; 257.41; 260.012; 
  1.43            260.015, subdivisions 2a and 29; 260.131, subdivisions 
  1.44            1 and 2; 260.152, subdivisions 2, 3, and 6; 260.155, 
  1.45            subdivisions 1a, 2, 3, 4, and 8; 260.161, subdivisions 
  1.46            1, 1a, 2, 3, 3a, and 3b; 260.165, subdivisions 1 and 
  2.1             3; 260.171, subdivision 2; 260.173, subdivision 2; 
  2.2             260.1735; 260.181, subdivisions 3 and 3a; 260.185, 
  2.3             subdivision 1; 260.191, subdivisions 1, 1a, 3a, 3b, 
  2.4             and 4; 260.192; 260.195, subdivisions 3 and 3a; 
  2.5             260.221, subdivisions 1, 1a, and 5; 260.241, 
  2.6             subdivisions 1 and 3; 260.242, subdivision 2; and 
  2.7             260.38. 
  2.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.9                              ARTICLE 1 
  2.10                     ORGANIZATIONAL PROVISIONS 
  2.11     Section 1.  Minnesota Statutes 1996, section 260.011, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [CITATION.] Sections 260.011 to 260.301 
  2.14  260.91 may be cited as general provisions of the Juvenile Court 
  2.15  Act.  
  2.16     Sec. 2.  [260.751] [CITATION.] 
  2.17     Sections 260.751 to 260.835 may be cited as the "Minnesota 
  2.18  Indian Family Preservation Act."  [257.35] 
  2.19     Sec. 3.  [260.755] [DEFINITIONS.] 
  2.20     Subdivision 1.  [SCOPE.] As used in sections 260.751 to 
  2.21  260.835, the following terms have the meanings given them.  
  2.22  [257.351, subd. 1] 
  2.23     Subd. 2.  [ADMINISTRATIVE REVIEW.] "Administrative review" 
  2.24  means review under section 260C.212.  [257.351, subd. 2] 
  2.25     Subd. 3.  [CHILD PLACEMENT PROCEEDING.] "Child placement 
  2.26  proceeding" includes a judicial proceeding which could result in 
  2.27  the following: 
  2.28     (a) "Adoptive placement" means the permanent placement of 
  2.29  an Indian child for adoption, including an action resulting in a 
  2.30  final decree of adoption. 
  2.31     (b) "Involuntary foster care placement" means an action 
  2.32  removing an Indian child from its parents or Indian custodian 
  2.33  for temporary placement in a foster home, institution, or the 
  2.34  home of a guardian.  The parent or Indian custodian cannot have 
  2.35  the child returned upon demand, but parental rights have not 
  2.36  been terminated. 
  2.37     (c) "Preadoptive placement" means the temporary placement 
  2.38  of an Indian child in a foster home or institution after the 
  2.39  termination of parental rights, before or instead of adoptive 
  3.1   placement. 
  3.2      (d) "Termination of parental rights" means an action 
  3.3   resulting in the termination of the parent-child relationship 
  3.4   under section 260C.301. 
  3.5      The terms include placements based upon juvenile status 
  3.6   offenses, but do not include a placement based upon an act which 
  3.7   if committed by an adult would be deemed a crime, or upon an 
  3.8   award of custody in a divorce proceeding to one of the parents.  
  3.9   [257.351, subd. 3] 
  3.10     Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
  3.11  commissioner of human services.  [257.351, subd. 3a] 
  3.12     Subd. 5.  [DEMAND.] "Demand" means a written and notarized 
  3.13  statement signed by a parent or Indian custodian of a child 
  3.14  which requests the return of the child who has been voluntarily 
  3.15  placed in foster care.  [257.351, subd. 4] 
  3.16     Subd. 6.  [FAMILY-BASED SERVICES.] "Family-based services" 
  3.17  means intensive family-centered services to families primarily 
  3.18  in their own home and for a limited time.  [257.351, subd. 4a] 
  3.19     Subd. 7.  [INDIAN.] "Indian" means a person who is a member 
  3.20  of an Indian tribe or an Alaskan native and a member of a 
  3.21  regional corporation as defined in section 7 of the Alaska 
  3.22  Native Claims Settlement Act, United States Code, title 43, 
  3.23  section 1606.  [257.351, subd. 5] 
  3.24     Subd. 8.  [INDIAN CHILD.] "Indian child" means an unmarried 
  3.25  person who is under age 18 and is: 
  3.26     (1) a member of an Indian tribe; or 
  3.27     (2) eligible for membership in an Indian tribe.  [257.351, 
  3.28  subd. 6] 
  3.29     Subd. 9.  [INDIAN CHILD'S TRIBE.] "Indian child's tribe" 
  3.30  means the Indian tribe in which an Indian child is a member or 
  3.31  eligible for membership.  In the case of an Indian child who is 
  3.32  a member of or eligible for membership in more than one tribe, 
  3.33  the Indian child's tribe is the tribe with which the Indian 
  3.34  child has the most significant contacts.  If that tribe does not 
  3.35  express an interest in the outcome of the actions taken under 
  3.36  sections 260.751 to 260.835 with respect to the child, any other 
  4.1   tribe in which the child is eligible for membership that 
  4.2   expresses an interest in the outcome may act as the Indian 
  4.3   child's tribe.  [257.351, subd. 7] 
  4.4      Subd. 10.  [INDIAN CUSTODIAN.] "Indian custodian" means an 
  4.5   Indian person who has legal custody of an Indian child under 
  4.6   tribal law or custom or under state law, or to whom temporary 
  4.7   physical care, custody, and control has been transferred by the 
  4.8   parent of the child.  [257.351, subd. 8] 
  4.9      Subd. 11.  [INDIAN ORGANIZATION.] "Indian organization" 
  4.10  means an organization providing child welfare services that is 
  4.11  legally incorporated as a nonprofit organization, is registered 
  4.12  with the secretary of state, and is governed by a board of 
  4.13  directors having at least a majority of Indian directors.  
  4.14  [257.351, subd. 8a] 
  4.15     Subd. 12.  [INDIAN TRIBE.] "Indian tribe" means an Indian 
  4.16  tribe, band, nation, or other organized group or community of 
  4.17  Indians recognized as eligible for the services provided to 
  4.18  Indians by the secretary because of their status as Indians, 
  4.19  including any band under the Alaska Native Claims Settlement 
  4.20  Act, United States Code, title 43, section 1602, and exercising 
  4.21  tribal governmental powers.  [257.351, subd. 9] 
  4.22     Subd. 13.  [LOCAL SOCIAL SERVICE AGENCY.] "Local social 
  4.23  service agency" means the local agency under the authority of 
  4.24  the county welfare or human services board or county board of 
  4.25  commissioners which is responsible for human services.  
  4.26  [257.351, subd. 10] 
  4.27     Subd. 14.  [PARENT.] "Parent" means the biological parent 
  4.28  of an Indian child, or any Indian person who has lawfully 
  4.29  adopted an Indian child, including a person who has adopted a 
  4.30  child by tribal law or custom.  It does not include an unmarried 
  4.31  father whose paternity has not been acknowledged or established. 
  4.32  [257.351, subd. 11] 
  4.33     Subd. 15.  [PERMANENCY PLANNING.] "Permanency planning" 
  4.34  means the systematic process of carrying out, within a short 
  4.35  time, a set of goal-oriented activities designed to help 
  4.36  children live in families that offer continuity of relationships 
  5.1   with nurturing parents or caretakers, and the opportunity to 
  5.2   establish lifetime relationships.  [257.351, subd. 11a] 
  5.3      Subd. 16.  [PLACEMENT PREVENTION AND FAMILY REUNIFICATION 
  5.4   SERVICES.] "Placement prevention and family reunification 
  5.5   services" means services designed to help children remain with 
  5.6   their families or to reunite children with their parents.  
  5.7   [257.351, subd. 11b] 
  5.8      Subd. 17.  [PRIVATE CHILD-PLACING AGENCY.] "Private 
  5.9   child-placing agency" means a private organization, association, 
  5.10  or corporation providing assistance to children and parents in 
  5.11  their own homes and placing children in foster care or for 
  5.12  adoption.  [257.351, subd. 12] 
  5.13     Subd. 18.  [RESERVATION.] "Reservation" means Indian 
  5.14  country as defined in United States Code, title 18, section 1151 
  5.15  and any lands which are either held by the United States in 
  5.16  trust for the benefit of an Indian tribe or individual, or held 
  5.17  by an Indian tribe or individual subject to a restriction by the 
  5.18  United States against alienation.  [257.351, subd. 13] 
  5.19     Subd. 19.  [SECRETARY.] "Secretary" means the secretary of 
  5.20  the United States Department of the Interior.  [257.351, subd. 
  5.21  14] 
  5.22     Subd. 20.  [TRIBAL COURT.] "Tribal court" means a court 
  5.23  with federally recognized jurisdiction over child custody 
  5.24  proceedings which is either a court of Indian offenses, or a 
  5.25  court established and operated under the code or custom of an 
  5.26  Indian tribe, or the administrative body of a tribe which is 
  5.27  vested with authority over child custody proceedings.  Except as 
  5.28  provided in section 260.771, subdivision 5, nothing in this 
  5.29  chapter shall be construed as conferring jurisdiction on an 
  5.30  Indian tribe.  [257.351, subd. 15] 
  5.31     Subd. 21.  [TRIBAL SOCIAL SERVICE AGENCY.] "Tribal social 
  5.32  service agency" means the unit under authority of the governing 
  5.33  body of the Indian tribe which is responsible for human 
  5.34  services.  [257.351, subd. 16] 
  5.35     Subd. 22.  [VOLUNTARY FOSTER CARE PLACEMENT.] "Voluntary 
  5.36  foster care placement" means a decision in which there has been 
  6.1   participation by a local social service agency or private 
  6.2   child-placing agency resulting in the temporary placement of an 
  6.3   Indian child away from the home of the child's parents or Indian 
  6.4   custodian in a foster home, institution, or the home of a 
  6.5   guardian, and the parent or Indian custodian may have the child 
  6.6   returned upon demand.  [257.351, subd. 17] 
  6.7      Sec. 4.  [260.761] [SOCIAL SERVICE AGENCY AND PRIVATE 
  6.8   LICENSED CHILD-PLACING AGENCY NOTICE TO TRIBES.] 
  6.9      Subdivision 1.  [DETERMINATION OF INDIAN CHILD'S TRIBE.] 
  6.10  The local social service agency or private licensed 
  6.11  child-placing agency shall determine whether a child brought to 
  6.12  its attention for the purposes described in this section is an 
  6.13  Indian child and the identity of the Indian child's tribe.  
  6.14  [257.352, subd. 1] 
  6.15     Subd. 2.  [AGENCY NOTICE OF POTENTIAL OUT-OF-HOME 
  6.16  PLACEMENT.] When a local social service agency or private 
  6.17  child-placing agency determines that an Indian child is in a 
  6.18  dependent or other condition that could lead to an out-of-home 
  6.19  placement and requires the continued involvement of the agency 
  6.20  with the child for a period in excess of 30 days, the agency 
  6.21  shall send notice of the condition and of the initial steps 
  6.22  taken to remedy it to the Indian child's tribal social service 
  6.23  agency within seven days of the determination.  At this and any 
  6.24  subsequent stage of its involvement with an Indian child, the 
  6.25  agency shall, upon request, give the tribal social service 
  6.26  agency full cooperation including access to all files concerning 
  6.27  the child.  If the files contain confidential or private data, 
  6.28  the agency may require execution of an agreement with the tribal 
  6.29  social service agency that the tribal social service agency 
  6.30  shall maintain the data according to statutory provisions 
  6.31  applicable to the data.  This subdivision applies whenever the 
  6.32  court transfers legal custody of an Indian child under section 
  6.33  260B.198, subdivision 1, paragraph (c), clause (1), (2), or (3) 
  6.34  following an adjudication for a misdemeanor-level delinquent act.
  6.35  [257.352, subd. 2] 
  6.36     Subd. 3.  [NOTICE OF POTENTIAL PREADOPTIVE OR ADOPTIVE 
  7.1   PLACEMENT.] In any voluntary adoptive or preadoptive placement 
  7.2   proceeding in which a local social service agency, private 
  7.3   child-placing agency, petitioner in the adoption, or any other 
  7.4   party has reason to believe that a child who is the subject of 
  7.5   an adoptive or preadoptive placement proceeding is or may be an 
  7.6   "Indian child," as defined in section 257.351, subdivision 8, 
  7.7   and United States Code, title 25, section 1903(4), the agency or 
  7.8   person shall notify the Indian child's tribal social service 
  7.9   agency by registered mail with return receipt requested of the 
  7.10  pending proceeding and of the right of intervention under 
  7.11  subdivision 6.  If the identity or location of the child's tribe 
  7.12  cannot be determined, the notice must be given to the United 
  7.13  States secretary of interior in like manner, who will have 15 
  7.14  days after receipt of the notice to provide the requisite notice 
  7.15  to the tribe.  No preadoptive or adoptive placement proceeding 
  7.16  may be held until at least ten days after receipt of the notice 
  7.17  by the tribe or secretary.  Upon request, the tribe must be 
  7.18  granted up to 20 additional days to prepare for the proceeding.  
  7.19  The agency or notifying party shall include in the notice the 
  7.20  identity of the birth parents and child absent written objection 
  7.21  by the birth parents.  The private child-placing agency shall 
  7.22  inform the birth parents of the Indian child of any services 
  7.23  available to the Indian child through the child's tribal social 
  7.24  service agency, including child placement services, and shall 
  7.25  additionally provide the birth parents of the Indian child with 
  7.26  all information sent from the tribal social service agency in 
  7.27  response to the notice.  [257.352, subd. 3] 
  7.28     Subd. 4.  [UNKNOWN FATHER.] If the local social service 
  7.29  agency, private child-placing agency, the court, petitioner, or 
  7.30  any other party has reason to believe that a child who is the 
  7.31  subject of an adoptive placement proceeding is or may be an 
  7.32  Indian child but the father of the child is unknown and has not 
  7.33  registered with the putative fathers' adoption registry pursuant 
  7.34  to section 259.52, the agency or person shall provide to the 
  7.35  tribe believed to be the Indian child's tribe information 
  7.36  sufficient to enable the tribe to determine the child's 
  8.1   eligibility for membership in the tribe, including, but not 
  8.2   limited to, the legal and maiden name of the birth mother, her 
  8.3   date of birth, the names and dates of birth of her parents and 
  8.4   grandparents, and, if available, information pertaining to the 
  8.5   possible identity, tribal affiliation, or location of the birth 
  8.6   father.  [257.352, subd. 3a] 
  8.7      Subd. 5.  [PROOF OF SERVICE OF NOTICE UPON TRIBE OR 
  8.8   SECRETARY.] In cases where an agency or party to an adoptive 
  8.9   placement knows or has reason to believe that a child is or may 
  8.10  be an Indian child, proof of service upon the child's tribe or 
  8.11  the secretary of interior must be filed with the adoption 
  8.12  petition.  [257.352, subd. 3b] 
  8.13     Subd. 6.  [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any 
  8.14  state court proceeding for the voluntary adoptive or preadoptive 
  8.15  placement of an Indian child, the Indian child's tribe shall 
  8.16  have a right to intervene at any point in the proceeding.  
  8.17  [257.352, subd. 3c] 
  8.18     Subd. 7.  [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any 
  8.19  agency considering placement of an Indian child shall make 
  8.20  reasonable efforts to identify and locate extended family 
  8.21  members.  [257.352, subd. 4] 
  8.22     Sec. 5.  [260.765] [VOLUNTARY FOSTER CARE PLACEMENT.] 
  8.23     Subdivision 1.  [DETERMINATION OF INDIAN CHILD'S TRIBE.] 
  8.24  The local social service agency or private licensed 
  8.25  child-placing agency shall determine whether a child brought to 
  8.26  its attention for the purposes described in this section is an 
  8.27  Indian child and the identity of the Indian child's tribe.  
  8.28  [257.353, subd. 1] 
  8.29     Subd. 2.  [NOTICE.] When an Indian child is voluntarily 
  8.30  placed in foster care, the local social service agency involved 
  8.31  in the decision to place the child shall give notice of the 
  8.32  placement to the child's parents, tribal social service agency, 
  8.33  and the Indian custodian within seven days of placement, 
  8.34  excluding weekends and holidays. 
  8.35     If a private licensed child-placing agency makes a 
  8.36  temporary voluntary foster care placement pending a decision on 
  9.1   adoption by a parent, notice of the placement shall be given to 
  9.2   the child's parents, tribal social service agency, and the 
  9.3   Indian custodian upon the filing of a petition for termination 
  9.4   of parental rights or three months following the temporary 
  9.5   placement, whichever occurs first. 
  9.6      At this and any subsequent stage of its involvement with an 
  9.7   Indian child, the agency shall, upon request, give the tribal 
  9.8   social service agency full cooperation including access to all 
  9.9   files concerning the child.  If the files contain confidential 
  9.10  or private data, the agency may require execution of an 
  9.11  agreement with the tribal social service agency that the tribal 
  9.12  social service agency shall maintain the data according to 
  9.13  statutory provisions applicable to the data.  [257.353, subd. 2] 
  9.14     Subd. 3.  [NOTICE OF ADMINISTRATIVE REVIEW.] In an 
  9.15  administrative review of a voluntary foster care placement, the 
  9.16  tribal social service agency of the child, the Indian custodian, 
  9.17  and the parents of the child shall have notice and a right of 
  9.18  participation in the review.  [257.353, subd. 3] 
  9.19     Subd. 4.  [RETURN OF CHILD IN VOLUNTARY PLACEMENT.] Upon 
  9.20  demand by the parent or Indian custodian of an Indian child, the 
  9.21  local social service agency or private licensed child-placing 
  9.22  agency shall return the child in voluntary foster care placement 
  9.23  to the parent or Indian custodian within 24 hours of the receipt 
  9.24  of the demand.  If the request for return does not satisfy the 
  9.25  requirement of section 260.755, subdivision 5, the local social 
  9.26  service agency or private child-placing agency shall immediately 
  9.27  inform the parent or Indian custodian of the Indian child of the 
  9.28  requirement.  [257.353, subd. 4] 
  9.29     Subd. 5.  [IDENTIFICATION OF EXTENDED FAMILY MEMBERS.] Any 
  9.30  agency considering placement of an Indian child shall make 
  9.31  reasonable efforts to identify and locate extended family 
  9.32  members.  [257.353, subd. 5] 
  9.33     Sec. 6.  [260.771] [CHILD PLACEMENT PROCEEDINGS.] 
  9.34     Subdivision 1.  [INDIAN TRIBE JURISDICTION.] An Indian 
  9.35  tribe with a tribal court has exclusive jurisdiction over a 
  9.36  child placement proceeding involving an Indian child who resides 
 10.1   within the reservation of such tribe at the commencement of the 
 10.2   proceedings.  When an Indian child is in the legal custody of a 
 10.3   person or agency pursuant to an order of a tribal court, the 
 10.4   Indian tribe retains exclusive jurisdiction, notwithstanding the 
 10.5   residence or domicile of the child.  [257.354, subd. 1] 
 10.6      Subd. 2.  [COURT DETERMINATION OF TRIBAL AFFILIATION OF 
 10.7   CHILD.] In any child placement proceeding, the court shall 
 10.8   establish whether an Indian child is involved and the identity 
 10.9   of the Indian child's tribe.  [257.354, subd. 2] 
 10.10     Subd. 3.  [TRANSFER OF PROCEEDINGS.] In a proceeding for 
 10.11  the termination of parental rights or involuntary foster care 
 10.12  placement of an Indian child not within the jurisdiction of 
 10.13  subdivision 1, the court, in the absence of good cause to the 
 10.14  contrary, shall transfer the proceeding to the jurisdiction of 
 10.15  the tribe absent objection by either parent, upon the petition 
 10.16  of either parent or the Indian custodian or the Indian child's 
 10.17  tribe.  The transfer shall be subject to declination by the 
 10.18  tribal court of such tribe.  [257.354, subd. 3] 
 10.19     Subd. 4.  [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the 
 10.20  extent that any child subject to sections 260.755 to 260.835 is 
 10.21  otherwise eligible for social services, orders of a tribal court 
 10.22  concerning placement of such child shall have the same force and 
 10.23  effect as orders of a court of this state.  In any case where 
 10.24  the tribal court orders placement through a local social service 
 10.25  agency, the court shall provide to the local agency notice and 
 10.26  an opportunity to be heard regarding the placement.  
 10.27  Determination of county of financial responsibility for the 
 10.28  placement shall be determined by the local social service agency 
 10.29  in accordance with section 256G.02, subdivision 4.  Disputes 
 10.30  concerning the county of financial responsibility shall be 
 10.31  settled in the manner prescribed in section 256G.09.  [257.354, 
 10.32  subd. 4] 
 10.33     Subd. 5.  [INDIAN TRIBE AGREEMENTS.] The commissioner is 
 10.34  hereby authorized to enter into agreements with Indian tribes 
 10.35  pursuant to United States Code, title 25, section 1919, 
 10.36  respecting care and custody of Indian children and jurisdiction 
 11.1   over child custody proceedings, including agreements which may 
 11.2   provide for orderly transfer of jurisdiction on a case-by-case 
 11.3   basis and agreements which provide for concurrent jurisdiction 
 11.4   between the state and an Indian tribe.  [257.354, subd. 5] 
 11.5      Sec. 7.  [260.775] [PLACEMENT RECORDS.] 
 11.6      The commissioner of human services shall publish annually 
 11.7   an inventory of all Indian children in residential facilities. 
 11.8   The inventory shall include, by county and statewide, 
 11.9   information on legal status, living arrangement, age, sex, tribe 
 11.10  in which the child is a member or eligible for membership, 
 11.11  accumulated length of time in foster care, and other demographic 
 11.12  information deemed appropriate concerning all Indian children in 
 11.13  residential facilities.  The report must also state the extent 
 11.14  to which authorized child-placing agencies comply with the order 
 11.15  of preference described in United States Code, title 25, section 
 11.16  1901, et seq.  [257.355] 
 11.17     Sec. 8.  [260.781] [RECORDS; INFORMATION AVAILABILITY.] 
 11.18     Subdivision 1.  [COURT DECREE INFORMATION.] A state court 
 11.19  entering a final decree or order in an Indian child adoptive 
 11.20  placement shall provide the department of human services and the 
 11.21  child's tribal social service agency with a copy of the decree 
 11.22  or order together with such other information to show: 
 11.23     (1) the name and tribal affiliation of the child; 
 11.24     (2) the names and addresses of the biological parents; 
 11.25     (3) the names and addresses of the adoptive parents; and 
 11.26     (4) the identity of any agency having files or information 
 11.27  relating to the adoptive placement. 
 11.28     If the court records contain an affidavit of the biological 
 11.29  or adoptive parent or parents requesting anonymity, the court 
 11.30  shall delete the name and address of the biological or adoptive 
 11.31  parents from the information sent to the child's tribal social 
 11.32  service agency.  [257.356, subd. 1] 
 11.33     Subd. 2.  [DISCLOSURE OF RECORDS.] Upon the request of an 
 11.34  adopted Indian person over the age of 18, the adoptive or foster 
 11.35  parents of an Indian person, or an Indian tribal social service 
 11.36  agency, the department of human services shall disclose to the 
 12.1   Indian person's tribe information necessary for membership of an 
 12.2   Indian person in the tribe in which the person may be eligible 
 12.3   for membership or for determining any rights or benefits 
 12.4   associated with that membership.  When the documents relating to 
 12.5   the person contain an affidavit from the biological or adoptive 
 12.6   parent or parents requesting anonymity, the department must use 
 12.7   the procedures described in United States Code, title 25, 
 12.8   section 1951, paragraph (b).  [257.356, subd. 2] 
 12.9      Sec. 9.  [260.785] [INDIAN CHILD WELFARE GRANTS.] 
 12.10     Subdivision 1.  [PRIMARY SUPPORT GRANTS.] The commissioner 
 12.11  shall establish direct grants to Indian tribes, Indian 
 12.12  organizations, and tribal social service agency programs located 
 12.13  off-reservation that serve Indian children and their families to 
 12.14  provide primary support for Indian child welfare programs to 
 12.15  implement the Indian Family Preservation Act.  [257.3571, subd. 
 12.16  1] 
 12.17     Subd. 2.  [SPECIAL FOCUS GRANTS.] The commissioner shall 
 12.18  establish direct grants to local social service agencies, 
 12.19  tribes, Indian organizations, and other organizations for 
 12.20  placement prevention and family reunification services for 
 12.21  Indian children.  [257.3571, subd. 2] 
 12.22     Subd. 3.  [COMPLIANCE GRANTS.] The commissioner shall 
 12.23  establish direct grants to an Indian child welfare defense 
 12.24  corporation, as defined in section 611.216, subdivision 1a, to 
 12.25  promote statewide compliance with the Indian family preservation 
 12.26  act and the Indian Child Welfare Act, United States Code, title 
 12.27  25, section 1901 et seq.  The commissioner shall give priority 
 12.28  consideration to applicants with demonstrated capability of 
 12.29  providing legal advocacy services statewide.  [257.3571, subd. 
 12.30  2a] 
 12.31     Subd. 4.  [REQUEST FOR PROPOSALS.] The commissioner shall 
 12.32  request proposals for grants under subdivisions 1, 2, and 2a, 
 12.33  and specify the information and criteria required.  [257.3571, 
 12.34  subd. 3] 
 12.35     Sec. 10.  [260.791] [GRANT APPLICATIONS.] 
 12.36     A tribe, Indian organization, or tribal social service 
 13.1   agency program located off-reservation may apply for primary 
 13.2   support grants under section 257.3571, subdivision 1.  A local 
 13.3   social service agency, tribe, Indian organization, or other 
 13.4   social service organization may apply for special focus grants 
 13.5   under section 257.3571, subdivision 2.  Civil legal service 
 13.6   organizations eligible for grants under section 257.3571, 
 13.7   subdivision 2a, may apply for grants under that section.  
 13.8   Application may be made alone or in combination with other 
 13.9   tribes or Indian organizations.  [257.3572] 
 13.10     Sec. 11.  [260.795] [ELIGIBLE SERVICES.] 
 13.11     Subdivision 1.  [TYPES OF SERVICES.] (a) Eligible Indian 
 13.12  child welfare services provided under primary support grants 
 13.13  include: 
 13.14     (1) placement prevention and reunification services; 
 13.15     (2) family-based services; 
 13.16     (3) individual and family counseling; 
 13.17     (4) access to professional individual, group, and family 
 13.18  counseling; 
 13.19     (5) crisis intervention and crisis counseling; 
 13.20     (6) development of foster and adoptive placement resources, 
 13.21  including recruitment, licensing, and support; 
 13.22     (7) court advocacy; 
 13.23     (8) training and consultation to county and private social 
 13.24  service agencies regarding the Indian child welfare act and the 
 13.25  Minnesota Indian family preservation act; 
 13.26     (9) advocacy in working with the county and private social 
 13.27  service agencies, and activities to help provide access to 
 13.28  agency services, including but not limited to 24-hour caretaker 
 13.29  and homemaker services, day care, emergency shelter care up to 
 13.30  30 days in 12 months, access to emergency financial assistance, 
 13.31  and arrangements to provide temporary respite care to a family 
 13.32  for up to 72 hours consecutively or 30 days in 12 months; 
 13.33     (10) transportation services to the child and parents to 
 13.34  prevent placement or reunite the family; and 
 13.35     (11) other activities and services approved by the 
 13.36  commissioner that further the goals of the Indian child welfare 
 14.1   act and the Indian family preservation act, including but not 
 14.2   limited to recruitment of Indian staff for local social service 
 14.3   agencies and licensed child-placing agencies.  The commissioner 
 14.4   may specify the priority of an activity and service based on its 
 14.5   success in furthering these goals. 
 14.6      (b) Eligible services provided under special focus grants 
 14.7   include; 
 14.8      (1) permanency planning activities that meet the special 
 14.9   needs of Indian families; 
 14.10     (2) teenage pregnancy; 
 14.11     (3) independent living skills; 
 14.12     (4) family and community involvement strategies to combat 
 14.13  child abuse and chronic neglect of children; 
 14.14     (5) coordinated child welfare and mental health services to 
 14.15  Indian families; 
 14.16     (6) innovative approaches to assist Indian youth to 
 14.17  establish better self-image, decrease isolation, and decrease 
 14.18  the suicide rate; 
 14.19     (7) expanding or improving services by packaging and 
 14.20  disseminating information on successful approaches or by 
 14.21  implementing models in Indian communities relating to the 
 14.22  development or enhancement of social structures that increase 
 14.23  family self-reliance and links with existing community 
 14.24  resources; 
 14.25     (8) family retrieval services to help adopted individuals 
 14.26  reestablish legal affiliation with the Indian tribe; and 
 14.27     (9) other activities and services approved by the 
 14.28  commissioner that further the goals of the Indian child welfare 
 14.29  act and the Indian family preservation act.  The commissioner 
 14.30  may specify the priority of an activity and service based on its 
 14.31  success in furthering these goals. 
 14.32     (c) The commissioner shall give preference to programs that 
 14.33  use Indian staff, contract with Indian organizations or tribes, 
 14.34  or whose application is a joint effort between the Indian and 
 14.35  non-Indian community to achieve the goals of the Indian Child 
 14.36  Welfare Act and the Minnesota Indian Family Preservation Act.  
 15.1   Programs must have input and support from the Indian community.  
 15.2   [257.3573, subd. 1] 
 15.3      Subd. 2.  [INAPPROPRIATE EXPENDITURES.] Indian child 
 15.4   welfare grant money must not be used for: 
 15.5      (1) child day care necessary solely because of employment 
 15.6   or training for employment of a parent or other relative with 
 15.7   whom the child is living; 
 15.8      (2) foster care maintenance or difficulty of care payments; 
 15.9      (3) residential facility payments; 
 15.10     (4) adoption assistance payments; 
 15.11     (5) public assistance payments for aid to families with 
 15.12  dependent children, Minnesota family investment 
 15.13  program-statewide, supplemental aid, medical assistance, general 
 15.14  assistance, general assistance medical care, or community health 
 15.15  services authorized by sections 145A.01 to 145A.14; or 
 15.16     (6) administrative costs for income maintenance staff.  
 15.17  [257.3573, subd. 2] 
 15.18     Subd. 3.  [REVENUE ENHANCEMENT.] The commissioner shall 
 15.19  submit claims for federal reimbursement earned through the 
 15.20  activities and services supported through Indian child welfare 
 15.21  grants.  The commissioner may set aside a portion of the federal 
 15.22  funds earned under this subdivision to establish and support a 
 15.23  new Indian child welfare position in the department of human 
 15.24  services to provide program development.  The commissioner shall 
 15.25  use any federal revenue not set aside to expand services under 
 15.26  section 260.785.  The federal revenue earned under this 
 15.27  subdivision is available for these purposes until the funds are 
 15.28  expended.  [257.3573, subd. 3] 
 15.29     Sec. 12.  [260.805] [CONTINUED LEGAL RESPONSIBILITY OF 
 15.30  LOCAL SOCIAL SERVICE AGENCIES.] 
 15.31     The legal responsibility of local social service agencies 
 15.32  to provide Indian child welfare services continues, and existing 
 15.33  services must not be reduced because of the availability of 
 15.34  these funds.  [257.3574] 
 15.35     Sec. 13.  [260.810] [PAYMENTS; REQUIRED REPORTS.] 
 15.36     Subdivision 1.  [PAYMENTS.] The commissioner shall make 
 16.1   grant payments to each approved program in four quarterly 
 16.2   installments a year.  The commissioner may certify an advance 
 16.3   payment for the first quarter of the state fiscal year.  Later 
 16.4   payments must be made upon receipt by the state of a quarterly 
 16.5   report on finances and program activities.  [257.3575, subd. 1] 
 16.6      Subd. 2.  [QUARTERLY REPORT.] The commissioner shall 
 16.7   specify requirements for reports, including quarterly fiscal 
 16.8   reports, according to section 256.01, subdivision 2, paragraph 
 16.9   (17).  Each quarter, an approved program receiving an Indian 
 16.10  child welfare grant shall submit a report to the commissioner 
 16.11  that includes: 
 16.12     (1) a detailed accounting of grant money expended during 
 16.13  the preceding quarter, specifying expenditures by line item and 
 16.14  year to date; and 
 16.15     (2) a description of Indian child welfare activities 
 16.16  conducted during the preceding quarter, including the number of 
 16.17  clients served and the type of services provided.  
 16.18     The quarterly reports must be submitted no later than 30 
 16.19  days after the end of each quarter of the state fiscal year.  
 16.20  [257.3575, subd. 2] 
 16.21     Subd. 3.  [FINAL REPORT.] A final evaluation report must be 
 16.22  submitted by each approved program.  It must include client 
 16.23  outcomes, cost and effectiveness in meeting the goals of the 
 16.24  Indian family preservation act and permanency planning goals.  
 16.25  [257.3575, subd. 3] 
 16.26     Sec. 14.  [260.815] [MONITORING AND EVALUATION.] 
 16.27     The commissioner shall design and implement methods for 
 16.28  monitoring the delivery and evaluating the effectiveness of 
 16.29  Indian child welfare services funded through these grants.  
 16.30  [257.3576] 
 16.31     Sec. 15.  [260.821] [GRANT FORMULA.] 
 16.32     Subdivision 1.  [PRIMARY SUPPORT GRANTS.] (a) The amount 
 16.33  available for grants established under section 260.785, 
 16.34  subdivision 1, to tribes, Indian organizations, and tribal 
 16.35  social service agency programs located off-reservation is 
 16.36  four-fifths of the total annual appropriation for Indian child 
 17.1   welfare grants.  
 17.2      (b) The commissioner shall award tribes at least 70 percent 
 17.3   of the amount set in paragraph (a) for primary support grants.  
 17.4   Each tribe shall be awarded a base amount of five percent of the 
 17.5   total amount set in this paragraph.  In addition, each tribe 
 17.6   shall be allocated a proportion of the balance of the amount set 
 17.7   in this paragraph, less the total base amounts for all 
 17.8   reservations.  This proportion must equal the ratio of the 
 17.9   tribe's on-reservation population to the state's total 
 17.10  on-reservation population.  Population data must be based on the 
 17.11  most recent federal census data according to the state 
 17.12  demographer's office. 
 17.13     (c) The commissioner shall award Indian organizations and 
 17.14  tribal social service agency programs located off-reservation 
 17.15  that serve Indian children and families up to 30 percent of the 
 17.16  amount set in paragraph (a) for primary support grants.  A 
 17.17  maximum of four multiservice Indian organizations and tribal 
 17.18  social service agency programs located off-reservation may be 
 17.19  awarded grants under this paragraph.  "Multiservice Indian 
 17.20  organizations" means Indian organizations recognized by the 
 17.21  Indian community as providing a broad continuum of social, 
 17.22  educational, or cultural services, including Indian child 
 17.23  welfare services designed to meet the unique needs of the Indian 
 17.24  communities in Minneapolis, St. Paul, and Duluth.  Grants may be 
 17.25  awarded to programs that submit acceptable proposals, comply 
 17.26  with the goals and the application process of the program, and 
 17.27  have budgets that reflect appropriate and efficient use of funds.
 17.28  To maintain continuity of service in Indian communities, primary 
 17.29  support grants awarded under this paragraph which meet the grant 
 17.30  criteria and have demonstrated satisfactory performance as 
 17.31  established by the commissioner may be awarded on a 
 17.32  noncompetitive basis.  The commissioner may revoke or deny 
 17.33  funding for Indian organizations or tribal social service 
 17.34  agencies failing to meet the grant criteria established by the 
 17.35  commissioner, and the commissioner may request new proposals 
 17.36  from Indian organizations or tribal social service agencies to 
 18.1   the extent that funding is available.  [257.3577, subd. 1] 
 18.2      Subd. 2.  [SPECIAL FOCUS GRANTS.] The amount available for 
 18.3   grants established under section 260.785, subdivision 2, for 
 18.4   local social service agencies, tribes, Indian organizations, and 
 18.5   other social services organizations is one-fifth of the total 
 18.6   annual appropriation for Indian child welfare grants.  The 
 18.7   maximum award under this subdivision is $100,000 a year for 
 18.8   programs approved by the commissioner.  [257.3577, subd. 2] 
 18.9      Sec. 16.  [260.831] [UNDISTRIBUTED FUNDS.] 
 18.10     Undistributed funds must be reallocated by the department 
 18.11  of human services to any other grant categories established 
 18.12  under section 260.785, subdivision 1 or 2, for the goals of this 
 18.13  grant process.  Undistributed funds are available until 
 18.14  expended.  [257.3578] 
 18.15     Sec. 17.  [260.835] [AMERICAN INDIAN CHILD WELFARE ADVISORY 
 18.16  COUNCIL.] 
 18.17     The commissioner shall appoint an American Indian advisory 
 18.18  council to help formulate policies and procedures relating to 
 18.19  Indian child welfare services and to make recommendations 
 18.20  regarding approval of grants provided under section 257.3571, 
 18.21  subdivisions 1, 2, and 2a.  The council shall consist of 17 
 18.22  members appointed by the commissioner and must include 
 18.23  representatives of each of the 11 Minnesota reservations who are 
 18.24  authorized by tribal resolution, one representative from the 
 18.25  Duluth Urban Indian Community, three representatives from the 
 18.26  Minneapolis Urban Indian Community, and two representatives from 
 18.27  the St. Paul Urban Indian Community.  Representatives from the 
 18.28  urban Indian communities must be selected through an open 
 18.29  appointments process under section 15.0597.  The terms, 
 18.30  compensation, and removal of American Indian child welfare 
 18.31  advisory council members shall be as provided in section 15.059. 
 18.32  [257.3579] 
 18.33     Sec. 18.  [260.851] [INTERSTATE COMPACT ON THE PLACEMENT OF 
 18.34  CHILDREN.] 
 18.35     The interstate compact on the placement of children is 
 18.36  hereby enacted into law and entered into with all other 
 19.1   jurisdictions legally joining therein in form substantially as 
 19.2   follows: 
 19.3                             ARTICLE 1 
 19.4                         Purpose and Policy 
 19.5      It is the purpose and policy of the party states to 
 19.6   cooperate with each other in the interstate placement of 
 19.7   children to the end that: 
 19.8      (a) Each child requiring placement shall receive the 
 19.9   maximum opportunity to be placed in a suitable environment and 
 19.10  with persons or institutions having appropriate qualifications 
 19.11  and facilities to provide a necessary and desirable degree and 
 19.12  type of care.  
 19.13     (b) The appropriate authorities in a state where a child is 
 19.14  to be placed may have full opportunity to ascertain the 
 19.15  circumstances of the proposed placement, thereby promoting full 
 19.16  compliance with applicable requirements for the protection of 
 19.17  the child.  
 19.18     (c) The proper authorities of the state from which the 
 19.19  placement is made may obtain the most complete information on 
 19.20  the basis on which to evaluate a projected placement before it 
 19.21  is made.  
 19.22     (d) Appropriate jurisdictional arrangements for the care of 
 19.23  children will be promoted.  [257.40] 
 19.24                            ARTICLE 2 
 19.25                           Definitions 
 19.26     As used in this compact: 
 19.27     (a) "Child" means a person who, by reason of minority, is 
 19.28  legally subject to parental, guardianship or similar control.  
 19.29     (b) "Sending agency" means a party state, officer or 
 19.30  employee thereof; a subdivision of a party state, or officer or 
 19.31  employee thereof; a court of a party state; a person, 
 19.32  corporation, association, charitable agency or other entity 
 19.33  which sends, brings, or causes to be sent or brought any child 
 19.34  to another party state.  
 19.35     (c) "Receiving state" means the state to which a child is 
 19.36  sent, brought, or caused to be sent or brought, whether by 
 20.1   public authorities or private persons or agencies, and whether 
 20.2   for placement with state or local public authorities or for 
 20.3   placement with private agencies or persons.  
 20.4      (d) "Placement" means the arrangement for the care of a 
 20.5   child in a family free or boarding home or in a child-caring 
 20.6   agency or institution but does not include any institution 
 20.7   caring for the mentally ill, mentally defective or persons 
 20.8   having epilepsy or any institution primarily educational in 
 20.9   character, and any hospital or other medical facility.  [257.40] 
 20.10                            ARTICLE 3 
 20.11                     Conditions for Placement 
 20.12     (a) No sending agency shall send, bring, or cause to be 
 20.13  sent or brought into any other party state any child for 
 20.14  placement in foster care or as a preliminary to a possible 
 20.15  adoption unless the sending agency shall comply with each and 
 20.16  every requirement set forth in this article and with the 
 20.17  applicable laws of the receiving state governing the placement 
 20.18  of children therein.  
 20.19     (b) Prior to sending, bringing or causing any child to be 
 20.20  sent or brought into a receiving state for placement in foster 
 20.21  care or as a preliminary to a possible adoption, the sending 
 20.22  agency shall furnish the appropriate public authorities in the 
 20.23  receiving state written notice of the intention to send, bring, 
 20.24  or place the child in the receiving state.  The notice shall 
 20.25  contain: 
 20.26     (1) The name, date and place of birth of the child.  
 20.27     (2) The identity and address or addresses of the parents or 
 20.28  legal guardian.  
 20.29     (3) The name and address of the person, agency or 
 20.30  institution to or with which the sending agency proposes to 
 20.31  send, bring, or place the child.  
 20.32     (4) A full statement of the reasons for such proposed 
 20.33  action and evidence of the authority pursuant to which the 
 20.34  placement is proposed to be made.  
 20.35     (c) Any public officer or agency in a receiving state which 
 20.36  is in receipt of a notice pursuant to paragraph (b) of this 
 21.1   article may request of the sending agency, or any other 
 21.2   appropriate officer or agency of or in the sending agency's 
 21.3   state, and shall be entitled to receive therefrom, such 
 21.4   supporting or additional information as it may deem necessary 
 21.5   under the circumstances to carry out the purpose and policy of 
 21.6   this compact.  
 21.7      (d) The child shall not be sent, brought, or caused to be 
 21.8   sent or brought into the receiving state until the appropriate 
 21.9   public authorities in the receiving state shall notify the 
 21.10  sending agency, in writing, to the effect that the proposed 
 21.11  placement does not appear to be contrary to the interests of the 
 21.12  child.  [257.40] 
 21.13                            ARTICLE 4 
 21.14                  Penalty for Illegal Placement 
 21.15     The sending, bringing, or causing to be sent or brought 
 21.16  into any receiving state of a child in violation of the terms of 
 21.17  this compact shall constitute a violation of the laws respecting 
 21.18  the placement of children of both the state in which the sending 
 21.19  agency is located or from which it sends or brings the child and 
 21.20  of the receiving state.  Such violation may be punished or 
 21.21  subjected to penalty in either jurisdiction in accordance with 
 21.22  its laws.  In addition to liability for any such punishment or 
 21.23  penalty, any such violation shall constitute full and sufficient 
 21.24  grounds for the suspension or revocation of any license, permit, 
 21.25  or other legal authorization held by the sending agency which 
 21.26  empowers or allows it to place, or care for children.  [257.40] 
 21.27                            ARTICLE 5 
 21.28                    Retention of Jurisdiction 
 21.29     (a) The sending agency shall retain jurisdiction over the 
 21.30  child sufficient to determine all matters in relation to the 
 21.31  custody, supervision, care, treatment and disposition of the 
 21.32  child which it would have had if the child had remained in the 
 21.33  sending agency's state, until the child is adopted, reaches 
 21.34  majority, becomes self-supporting or is discharged with the 
 21.35  concurrence of the appropriate authority in the receiving 
 21.36  state.  Such jurisdiction shall also include the power to effect 
 22.1   or cause the return of the child or its transfer to another 
 22.2   location and custody pursuant to law.  The sending agency shall 
 22.3   continue to have financial responsibility for support and 
 22.4   maintenance of the child during the period of the placement.  
 22.5   Nothing contained herein shall defeat a claim of jurisdiction by 
 22.6   a receiving state sufficient to deal with an act of delinquency 
 22.7   or crime committed therein.  
 22.8      (b) When the sending agency is a public agency, it may 
 22.9   enter into an agreement with an authorized public or private 
 22.10  agency in the receiving state providing for the performance of 
 22.11  one or more services in respect of such case by the latter as 
 22.12  agent for the sending agency.  
 22.13     (c) Nothing in this compact shall be construed to prevent a 
 22.14  private charitable agency authorized to place children in the 
 22.15  receiving state from performing services or acting as agent in 
 22.16  that state for a private charitable agency of the sending state; 
 22.17  nor to prevent the agency in the receiving state from 
 22.18  discharging financial responsibility for the support and 
 22.19  maintenance of a child who has been placed on behalf of the 
 22.20  sending agency without relieving the responsibility set forth in 
 22.21  paragraph (a) hereof.  [257.40] 
 22.22                            ARTICLE 6 
 22.23            Institutional Care of Delinquent Children 
 22.24     A child adjudicated delinquent may be placed in an 
 22.25  institution in another party jurisdiction pursuant to this 
 22.26  compact but no such placement shall be made unless the child is 
 22.27  given a court hearing on notice to the parent or guardian with 
 22.28  opportunity to be heard, prior to his being sent to such other 
 22.29  party jurisdiction for institutional care and the court finds 
 22.30  that: 
 22.31     1.  Equivalent facilities for the child are not available 
 22.32  in the sending agency's jurisdiction; and 
 22.33     2.  Institutional care in the other jurisdiction is in the 
 22.34  best interest of the child and will not produce undue hardship.  
 22.35  [257.40] 
 22.36                            ARTICLE 7 
 23.1                       Compact Administrator 
 23.2      The executive head of each jurisdiction party to this 
 23.3   compact shall designate an officer who shall be general 
 23.4   coordinator of activities under this compact in his jurisdiction 
 23.5   and who, acting jointly with like officers of other party 
 23.6   jurisdictions, shall have power to promulgate rules and 
 23.7   regulations to carry out more effectively the terms and 
 23.8   provisions of this compact.  [257.40] 
 23.9                             ARTICLE 8
 23.10                           Limitations 
 23.11     This compact shall not apply to: 
 23.12     (a) The sending or bringing of a child into a receiving 
 23.13  state by his parent, stepparent, grandparent, adult brother or 
 23.14  sister, adult uncle or aunt, or his guardian and leaving the 
 23.15  child with any such relative or nonagency guardian in the 
 23.16  receiving state.  
 23.17     (b) Any placement, sending or bringing of a child into a 
 23.18  receiving state pursuant to any other interstate compact to 
 23.19  which both the state from which the child is sent or brought and 
 23.20  the receiving state are party, or to any other agreement between 
 23.21  said states which has the force of law.  [257.40] 
 23.22                            ARTICLE 9 
 23.23                     Enactment and Withdrawal 
 23.24     This compact shall be open to joinder by any state, 
 23.25  territory or possession of the United States, the District of 
 23.26  Columbia, the Commonwealth of Puerto Rico, and, with the consent 
 23.27  of Congress, the Government of Canada or any province thereof.  
 23.28  It shall become effective with respect to any such jurisdiction 
 23.29  when such jurisdiction has enacted the same into law.  
 23.30  Withdrawal from this compact shall be by the enactment of a 
 23.31  statute repealing the same, but shall not take effect until two 
 23.32  years after the effective date of such statute and until written 
 23.33  notice of the withdrawal has been given by the withdrawing state 
 23.34  to the Governor of each other party jurisdiction.  Withdrawal of 
 23.35  a party state shall not affect the rights, duties and 
 23.36  obligations under this compact of any sending agency therein 
 24.1   with respect to a placement made prior to the effective date of 
 24.2   withdrawal.  [257.40] 
 24.3                             ARTICLE 10 
 24.4                   Construction and Severability 
 24.5      The provisions of this compact shall be liberally construed 
 24.6   to effectuate the purposes thereof.  The provisions of this 
 24.7   compact shall be severable and if any phrase, clause, sentence 
 24.8   or provision of this compact is declared to be contrary to the 
 24.9   constitution of any party state or of the United States or the 
 24.10  applicability thereof to any government, agency, person or 
 24.11  circumstance is held invalid, the validity of the remainder of 
 24.12  this compact and the applicability thereof to any government, 
 24.13  agency, person or circumstance shall not be affected thereby.  
 24.14  If this compact shall be held contrary to the constitution of 
 24.15  any state party thereto, the compact shall remain in full force 
 24.16  and effect as to the remaining states and in full force and 
 24.17  effect as to the state affected as to all severable matters.  
 24.18  [257.40] 
 24.19     Section 1.  [260.855] [FINANCIAL RESPONSIBILITY.] 
 24.20     Financial responsibility for any child placed pursuant to 
 24.21  the provisions of the interstate compact on the placement of 
 24.22  children shall be determined in accordance with the provisions 
 24.23  of article 5 thereof in the first instance.  However, in the 
 24.24  event of partial or complete default of performance thereunder, 
 24.25  the provisions of sections 518C.101 to 518C.902 also may be 
 24.26  invoked.  [257.41] 
 24.27     Sec. 2.  [260.861] [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 
 24.28     The "appropriate public authorities" as used in article 3 
 24.29  of the interstate compact on the placement of children shall, 
 24.30  with reference to this state, mean the Minnesota department of 
 24.31  human services and said department of human services shall 
 24.32  receive and act with reference to notices required by said 
 24.33  article 3.  [257.42] 
 24.34     Sec. 3.  [260.865] [APPROPRIATE AUTHORITY IN RECEIVING 
 24.35  STATE DEFINED.] 
 24.36     As used in paragraph (a) of article 5 of the interstate 
 25.1   compact on the placement of children, the phrase "appropriate 
 25.2   authority in the receiving state" with reference to this state 
 25.3   shall mean the commissioner of human services.  [257.43] 
 25.4      Sec. 4.  [260.871] [AGREEMENTS.] 
 25.5      The officers and agencies of this state and its 
 25.6   subdivisions having authority to place children are hereby 
 25.7   empowered to enter into agreements with appropriate officers or 
 25.8   agencies of or in other party states pursuant to paragraph (b) 
 25.9   of article 5 of the interstate compact on the placement of 
 25.10  children.  Any such agreement which contains a financial 
 25.11  commitment or imposes a financial obligation on this state or 
 25.12  subdivision or agency thereof shall not be binding unless it has 
 25.13  the approval in writing of the commissioner of human services in 
 25.14  the case of the state and of the chief local fiscal officer in 
 25.15  the case of a subdivision of the state.  [257.44] 
 25.16     Sec. 5.  [260.875] [REQUIREMENTS FOR VISITATION; 
 25.17  SUPERVISION.] 
 25.18     Any requirements for visitation, inspection or supervision 
 25.19  of children, homes, institutions or other agencies in another 
 25.20  party state which may apply under section 257.071 shall be 
 25.21  deemed to be met if performed pursuant to an agreement entered 
 25.22  into by appropriate officers or agencies of this state or a 
 25.23  subdivision thereof as contemplated by paragraph (b) of article 
 25.24  5 of the interstate compact on the placement of children.  
 25.25  [257.45] 
 25.26     Sec. 6.  [260.881] [CERTAIN LAWS NOT APPLICABLE.] 
 25.27     The provisions of section 257.06 shall not apply to 
 25.28  placements made pursuant to the interstate compact on the 
 25.29  placement of children.  [257.46] 
 25.30     Sec. 7.  [260.885] [COURT JURISDICTION RETAINED.] 
 25.31     Any court having jurisdiction to place delinquent children 
 25.32  may place such a child in an institution or in another state 
 25.33  pursuant to article 6 of the interstate compact on the placement 
 25.34  of children and shall retain jurisdiction as provided in article 
 25.35  5 thereof.  [257.47] 
 25.36     Sec. 8.  [260.91] [EXECUTIVE HEAD DEFINED.] 
 26.1      As used in article 7 of the interstate compact on the 
 26.2   placement of children, the term "executive head" means the 
 26.3   governor.  The governor is hereby authorized to appoint a 
 26.4   compact administrator in accordance with the terms of said 
 26.5   article 7.  [257.48] 
 26.6                              ARTICLE 2 
 26.7                        DELINQUENCY PROVISIONS 
 26.8      Section 1.  [260B.001] [TITLE, INTENT, AND CONSTRUCTION.] 
 26.9      Subdivision 1.  [CITATION.] Sections 260B.001 to 260B.446 
 26.10  may be cited as the delinquency provisions of the Juvenile Court 
 26.11  Act. [260.011, subd. 1] 
 26.12     Subd. 2.  [DELINQUENCY.] The purpose of the laws relating 
 26.13  to children alleged or adjudicated to be delinquent is to 
 26.14  promote the public safety and reduce juvenile delinquency by 
 26.15  maintaining the integrity of the substantive law prohibiting 
 26.16  certain behavior and by developing individual responsibility for 
 26.17  lawful behavior.  This purpose should be pursued through means 
 26.18  that are fair and just, that recognize the unique 
 26.19  characteristics and needs of children, and that give children 
 26.20  access to opportunities for personal and social growth.  
 26.21  [260.011, subd. 2(c)] 
 26.22     Subd. 3.  [CONSTRUCTION.] The laws relating to juvenile 
 26.23  courts shall be liberally construed to carry out the purpose 
 26.24  specified in subdivision 2.  [260.011, subd. 2(d)] 
 26.25     Sec. 2.  [260B.005] [SCOPE OF VICTIM RIGHTS.] 
 26.26     The rights granted to victims of crime in sections 611A.01 
 26.27  to 611A.06 are applicable to adult criminal cases, juvenile 
 26.28  delinquency proceedings, juvenile traffic proceedings involving 
 26.29  driving under the influence of alcohol or drugs, and proceedings 
 26.30  involving any other act committed by a juvenile that would be a 
 26.31  crime as defined in section 609.02, if committed by an adult.  
 26.32  [260.013] 
 26.33     Sec. 3.  [260B.007] [DEFINITIONS.] 
 26.34     Subdivision 1.  [SCOPE.] As used in this chapter, the terms 
 26.35  defined in this section have the same meanings given to them.  
 26.36  [260.015, subd. 1] 
 27.1      Subd. 2.  [AGENCY.] "Agency" means the local social service 
 27.2   agency or a licensed child-placing agency.  [260.015, subd. 1a] 
 27.3      Subd. 3.  [CHILD.] "Child" means an individual under 18 
 27.4   years of age and includes any minor alleged to have been 
 27.5   delinquent or a juvenile traffic offender prior to having become 
 27.6   18 years of age.  [260.015, subd. 2] 
 27.7      Subd. 4.  [CHILD-PLACING AGENCY.] "Child-placing agency" 
 27.8   means anyone licensed under sections 245A.01 to 245A.16 and 
 27.9   252.28, subdivision 2.  [260.015, subd. 3] 
 27.10     Subd. 5.  [COURT.] "Court" means juvenile court unless 
 27.11  otherwise specified in this section.  [260.015, subd. 4] 
 27.12     Subd. 6.  [DELINQUENT CHILD.] (a) Except as otherwise 
 27.13  provided in paragraph (b), "delinquent child" means a child: 
 27.14     (1) who has violated any state or local law, except as 
 27.15  provided in section 260B.225, subdivision 1, and except for 
 27.16  juvenile offenders as described in subdivisions 19 to 23; 
 27.17     (2) who has violated a federal law or a law of another 
 27.18  state and whose case has been referred to the juvenile court if 
 27.19  the violation would be an act of delinquency if committed in 
 27.20  this state or a crime or offense if committed by an adult; 
 27.21     (3) who has escaped from confinement to a state juvenile 
 27.22  correctional facility after being committed to the custody of 
 27.23  the commissioner of corrections; or 
 27.24     (4) who has escaped from confinement to a local juvenile 
 27.25  correctional facility after being committed to the facility by 
 27.26  the court. 
 27.27     (b) The term delinquent child does not include a child 
 27.28  alleged to have committed murder in the first degree after 
 27.29  becoming 16 years of age, but the term delinquent child does 
 27.30  include a child alleged to have committed attempted murder in 
 27.31  the first degree.  [260.015, subd. 5] 
 27.32     Subd. 7.  [FOSTER CARE.] "Foster care" means the 24 hour a 
 27.33  day care of a child in any facility which for gain or otherwise 
 27.34  regularly provides one or more children, when unaccompanied by 
 27.35  their parents, with a substitute for the care, food, lodging, 
 27.36  training, education, supervision or treatment they need but 
 28.1   which for any reason cannot be furnished by their parents or 
 28.2   legal guardians in their homes.  [260.015, subd. 7] 
 28.3      Subd. 8.  [LEGAL CUSTODY.] "Legal custody" means the right 
 28.4   to the care, custody, and control of a child who has been taken 
 28.5   from a parent by the court in accordance with the provisions of 
 28.6   sections 260B.198 and 260B.235.  The expenses of legal custody 
 28.7   are paid in accordance with the provisions of section 260B.331.  
 28.8   [260.015, subd. 8 (omitting child protection-related text)] 
 28.9      Subd. 9.  [MINOR.] "Minor" means an individual under 18 
 28.10  years of age.  [260.015, subd. 9] 
 28.11     Subd. 10.  [PARENT.] "Parent" means the birth or adoptive 
 28.12  parent of a minor.  For an Indian child, parent includes any 
 28.13  Indian person who has adopted a child by tribal law or custom, 
 28.14  as provided in section 260.755, subdivision 14.  [260.015, subd. 
 28.15  11] 
 28.16     Subd. 11.  [PERSON.] "Person" includes any individual, 
 28.17  association, corporation, partnership, and the state or any of 
 28.18  its political subdivisions, departments, or agencies.  [260.015, 
 28.19  subd. 12] 
 28.20     Subd. 12.  [RELATIVE.] "Relative" means a parent, 
 28.21  stepparent, grandparent, brother, sister, uncle, or aunt of the 
 28.22  minor.  This relationship may be by blood or marriage.  For an 
 28.23  Indian child, relative includes members of the extended family 
 28.24  as defined by the law or custom of the Indian child's tribe or, 
 28.25  in the absence of laws or custom, nieces, nephews, or first or 
 28.26  second cousins, as provided in the Indian Child Welfare Act of 
 28.27  1978, United States Code, title 25, section 1903.  [260.015, 
 28.28  subd. 13] 
 28.29     Subd. 13.  [CUSTODIAN.] "Custodian" means any person who is 
 28.30  under a legal obligation to provide care and support for a minor 
 28.31  or who is in fact providing care and support for a minor.  This 
 28.32  subdivision does not impose upon persons who are not otherwise 
 28.33  legally responsible for providing a child with necessary food, 
 28.34  clothing, shelter, education, or medical care a duty to provide 
 28.35  that care.  For an Indian child, custodian means any Indian 
 28.36  person who has legal custody of an Indian child under tribal law 
 29.1   or custom or under state law or to whom temporary physical care, 
 29.2   custody, and control has been transferred by the parent of the 
 29.3   child, as provided in section 260.755, subdivision 11.  
 29.4   [260.015, subd. 14] 
 29.5      Subd. 14.  [SECURE DETENTION FACILITY.] "Secure detention 
 29.6   facility" means a physically restricting facility, including but 
 29.7   not limited to a jail, a hospital, a state institution, a 
 29.8   residential treatment center, or a detention home used for the 
 29.9   temporary care of a child pending court action.  [260.015, subd. 
 29.10  16] 
 29.11     Subd. 15.  [SHELTER CARE FACILITY.] "Shelter care facility" 
 29.12  means a physically unrestricting facility, such as, but not 
 29.13  limited to, a hospital, a group home, or a licensed facility for 
 29.14  foster care, used for the temporary care of a child pending 
 29.15  court action.  [260.015, subd. 17] 
 29.16     Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
 29.17  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
 29.18  alcohol offense, a juvenile controlled substance offense, a 
 29.19  violation of section 609.685, or a violation of a local 
 29.20  ordinance, which by its terms prohibits conduct by a child under 
 29.21  the age of 18 years which would be lawful conduct if committed 
 29.22  by an adult.  
 29.23     (b) Except as otherwise provided in paragraph (c), 
 29.24  "juvenile petty offense" also includes an offense that would be 
 29.25  a misdemeanor if committed by an adult.  
 29.26     (c) "Juvenile petty offense" does not include any of the 
 29.27  following: 
 29.28     (1) a misdemeanor-level violation of section 588.20, 
 29.29  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
 29.30     (2) a major traffic offense or an adult court traffic 
 29.31  offense, as described in section 260B.225; 
 29.32     (3) a misdemeanor-level offense committed by a child whom 
 29.33  the juvenile court previously has found to have committed a 
 29.34  misdemeanor, gross misdemeanor, or felony offense; or 
 29.35     (4) a misdemeanor-level offense committed by a child whom 
 29.36  the juvenile court has found to have committed a 
 30.1   misdemeanor-level juvenile petty offense on two or more prior 
 30.2   occasions, unless the county attorney designates the child on 
 30.3   the petition as a juvenile petty offender notwithstanding this 
 30.4   prior record.  As used in this clause, "misdemeanor-level 
 30.5   juvenile petty offense" includes a misdemeanor-level offense 
 30.6   that would have been a juvenile petty offense if it had been 
 30.7   committed on or after July 1, 1995.  
 30.8      (d) A child who commits a juvenile petty offense is a 
 30.9   "juvenile petty offender."  [260.015, subd. 21] 
 30.10     Subd. 17.  [JUVENILE ALCOHOL OFFENSE.] "Juvenile alcohol 
 30.11  offense" means a violation by a child of any provision of 
 30.12  section 340A.503 or an equivalent local ordinance.  [260.015, 
 30.13  subd. 22] 
 30.14     Subd. 18.  [JUVENILE CONTROLLED SUBSTANCE OFFENSE.] 
 30.15  "Juvenile controlled substance offense" means a violation by a 
 30.16  child of section 152.027, subdivision 4, with respect to a small 
 30.17  amount of marijuana or an equivalent local ordinance.  [260.015, 
 30.18  subd. 23] 
 30.19     Subd. 19.  [INDIAN.] "Indian," consistent with section 
 30.20  260.755, subdivision 7, means a person who is a member of an 
 30.21  Indian tribe or who is an Alaskan native and a member of a 
 30.22  regional corporation as defined in section 7 of the Alaska 
 30.23  Native Claims Settlement Act, United States Code, title 43, 
 30.24  section 1606.  [260.015, subd. 26] 
 30.25     Subd. 20.  [INDIAN CHILD.] "Indian child," consistent with 
 30.26  section 257.351, subdivision 6, means an unmarried person who is 
 30.27  under age 18 and is: 
 30.28     (1) a member of an Indian tribe; or 
 30.29     (2) eligible for membership in an Indian tribe.  [260.015, 
 30.30  subd. 27] 
 30.31     Sec. 4.  [260B.050] [EXPERT ASSISTANCE.] 
 30.32     In any county the court may provide for the physical and 
 30.33  mental diagnosis of cases of minors who are believed to be 
 30.34  physically handicapped, mentally ill, or mentally retarded, and 
 30.35  for such purpose may appoint professionally qualified persons, 
 30.36  whose compensation shall be fixed by the judge with the approval 
 31.1   of the county board.  [260.092] 
 31.2      Sec. 5.  [260B.060] [COUNTY HOME SCHOOLS.] 
 31.3      In any county or group of counties the county boards may 
 31.4   purchase, lease, erect, equip, and maintain a county home school 
 31.5   for boys and girls, or a separate home school for boys and a 
 31.6   separate home school for girls.  The juvenile court may transfer 
 31.7   legal custody of a delinquent child to the home school in the 
 31.8   manner provided in section 260B.198.  The county home school 
 31.9   may, with the approval of the district court judges in counties 
 31.10  now or hereafter having a population of more than 200,000, or of 
 31.11  the juvenile court judges in all other counties, be a separate 
 31.12  institution, or it may be established and operated in connection 
 31.13  with any other organized charitable or educational institution.  
 31.14  However, the plans, location, equipment, and operation of the 
 31.15  county home school shall in all cases have the approval of the 
 31.16  said judges.  There shall be a superintendent or matron, or 
 31.17  both, for such school, who shall be appointed and removed by the 
 31.18  said judges.  The salaries of the superintendent, matron, and 
 31.19  other employees shall be fixed by the said judges, subject to 
 31.20  the approval of the county board.  The county board of each 
 31.21  county to which this section applies is hereby authorized, 
 31.22  empowered, and required to provide the necessary funds to make 
 31.23  all needful appropriations to carry out the provisions of this 
 31.24  section.  The board of education, commissioner of children, 
 31.25  families, and learning, or other persons having charge of the 
 31.26  public schools in any city of the first or second class in a 
 31.27  county where a county home school is maintained pursuant to the 
 31.28  provisions of this section may furnish all necessary 
 31.29  instructors, school books, and school supplies for the boys and 
 31.30  girls placed in any such home school.  [260.094] 
 31.31     Sec. 6.  [260B.070] [EXISTING HOME SCHOOLS CONTINUED.] 
 31.32     All juvenile detention homes, farms, and industrial schools 
 31.33  heretofore established under the provisions of Laws 1905, 
 31.34  chapter 285, section 5, as amended by Laws 1907, chapter 172, 
 31.35  and Laws 1911, chapter 353, or Laws 1913, chapter 83, Laws 1915, 
 31.36  chapter 228, or Laws 1917, chapter 317, as amended, are hereby 
 32.1   declared to be county home schools within the meaning of 
 32.2   sections 260B.001 to 260B.421 and all the provisions of those 
 32.3   sections relating to county home schools shall apply thereto.  
 32.4   [260.096] 
 32.5      Sec. 7.  [260B.080] [DETENTION HOMES.] 
 32.6      In any county or group of counties the county boards may 
 32.7   purchase, lease, erect, equip, and maintain a detention home for 
 32.8   boys and girls, or a separate detention home for boys and girls, 
 32.9   or a separate detention home for boys or a separate detention 
 32.10  home for girls.  The detention home may, with the approval of 
 32.11  the district court judges in counties now or hereafter having a 
 32.12  population of more than 200,000 or of the juvenile court judges 
 32.13  in all other counties be a separate institution, or it may be 
 32.14  established and operated in connection with a county home school 
 32.15  or any organized charitable or educational institution.  
 32.16  However, the plans, location, equipment, and operation of the 
 32.17  detention home shall in all cases have the approval of the 
 32.18  judges. Necessary staff shall be appointed and removed by the 
 32.19  judges.  The salaries of the staff shall be fixed by the judges, 
 32.20  subject to the approval of the county boards.  The county board 
 32.21  of each county to which this section applies shall provide the 
 32.22  necessary funds to carry out the provisions of this section.  
 32.23  [260.101] 
 32.24     Sec. 8.  [260B.101] [JURISDICTION.] 
 32.25     Subdivision 1.  [CHILDREN WHO ARE DELINQUENT.] Except as 
 32.26  provided in sections 260B.125 and 260B.225, the juvenile court 
 32.27  has original and exclusive jurisdiction in proceedings 
 32.28  concerning any child who is alleged to be delinquent, a juvenile 
 32.29  traffic offender, a juvenile petty offender, and in proceedings 
 32.30  concerning any minor alleged to have been a delinquent, a 
 32.31  juvenile petty offender, or a juvenile traffic offender prior to 
 32.32  having become 18 years of age.  The juvenile court shall deal 
 32.33  with such a minor as it deals with any other child who is 
 32.34  alleged to be delinquent or a juvenile traffic offender.  
 32.35  [260.111, subd. 1 (omitting child protection-related text)] 
 32.36     Subd. 2.  [NO JUVENILE COURT JURISDICTION OVER CERTAIN 
 33.1   OFFENDERS.] Notwithstanding any other law to the contrary, the 
 33.2   juvenile court lacks jurisdiction over proceedings concerning a 
 33.3   child excluded from the definition of delinquent child under 
 33.4   section 260B.007, subdivision 6, paragraph (b).  The district 
 33.5   court has original and exclusive jurisdiction in criminal 
 33.6   proceedings concerning a child excluded from the definition of 
 33.7   delinquent child under section 260B.007, subdivision 6, 
 33.8   paragraph (b).  [260.111, subd. 1a] 
 33.9      Subd. 3.  [JURISDICTION OVER PARENTS AND GUARDIANS.] A 
 33.10  parent, guardian, or custodian of a child who is subject to the 
 33.11  jurisdiction of the court is also subject to the jurisdiction of 
 33.12  the court in any matter in which that parent, guardian, or 
 33.13  custodian has a right to notice under section 260B.151 or 
 33.14  260B.152, or the right to participate under section 260B.163.  
 33.15  [260.111, subd. 4 (omitting child protection-related text)] 
 33.16     Sec. 9.  [260B.103] [TRANSFERS FROM OTHER COURTS.] 
 33.17     Subdivision 1.  [TRANSFERS REQUIRED.] Except where a 
 33.18  juvenile court has certified an alleged violation in accordance 
 33.19  with the provisions of section 260B.125, the child is alleged to 
 33.20  have committed murder in the first degree after becoming 16 
 33.21  years of age, or a court has original jurisdiction of a child 
 33.22  who has committed an adult court traffic offense, as defined in 
 33.23  section 260B.225, subdivision 1, clause (c), a court other than 
 33.24  a juvenile court shall immediately transfer to the juvenile 
 33.25  court of the county the case of a minor who appears before the 
 33.26  court on a charge of violating any state or local law or 
 33.27  ordinance and who is under 18 years of age or who was under 18 
 33.28  years of age at the time of the commission of the alleged 
 33.29  offense.  [260.115, subd. 1] 
 33.30     Subd. 2.  [CERTIFICATE.] The court transfers the case by 
 33.31  filing with the judge or court administrator of juvenile court a 
 33.32  certificate showing the name, age, and residence of the minor, 
 33.33  the names and addresses of the minor's parent or guardian, if 
 33.34  known, and the reasons for appearance in court, together with 
 33.35  all the papers, documents, and testimony connected therewith.  
 33.36  The certificate has the effect of a petition filed in the 
 34.1   juvenile court, unless the judge of the juvenile court directs 
 34.2   the filing of a new petition, which shall supersede the 
 34.3   certificate of transfer.  [260.115, subd. 2] 
 34.4      Subd. 3.  [ORDER TO BE TAKEN.] The transferring court shall 
 34.5   order the minor to be taken immediately to the juvenile court 
 34.6   and in no event shall detain the minor for longer than 48 hours 
 34.7   after the appearance of the minor in the transferring court.  
 34.8   The transferring court may release the minor to the custody of a 
 34.9   parent, guardian, custodian, or other person designated by the 
 34.10  court on the condition that the minor will appear in juvenile 
 34.11  court as directed.  The transferring court may require the 
 34.12  person given custody of the minor to post such bail or bond as 
 34.13  may be approved by the court which shall be forfeited to the 
 34.14  juvenile court if the minor does not appear as directed.  The 
 34.15  transferring court may also release the minor on the minor's own 
 34.16  promise to appear in juvenile court.  [260.115, subd. 3] 
 34.17     Sec. 10.  [260B.105] [VENUE.] 
 34.18     Subdivision 1.  [VENUE.] Except where otherwise provided, 
 34.19  venue for any proceedings under section 260B.101 shall be in the 
 34.20  county where the child is found, or the county of the child's 
 34.21  residence.  If delinquency, a juvenile petty offense, or a 
 34.22  juvenile traffic offense is alleged, proceedings shall be 
 34.23  brought in the county of residence or the county where the 
 34.24  alleged delinquency, juvenile petty offense, or juvenile traffic 
 34.25  offense occurred.  [260.121, subd. 1 (omitting child 
 34.26  protection-related text)] 
 34.27     Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
 34.28  transfer any proceedings brought under section 260B.101, to the 
 34.29  juvenile court of a county having venue as provided in 
 34.30  subdivision 1, at any stage of the proceedings and in the 
 34.31  following manner.  When it appears that the best interests of 
 34.32  the child, society, or the convenience of proceedings will be 
 34.33  served by a transfer, the court may transfer the case to the 
 34.34  juvenile court of the county of the child's residence.  With the 
 34.35  consent of the receiving court, the court may also transfer the 
 34.36  case to the juvenile court of the county where the child is 
 35.1   found or, if delinquency, a juvenile petty offense, or a 
 35.2   juvenile traffic offense is alleged, to the county where the 
 35.3   alleged delinquency, juvenile petty offense, or juvenile traffic 
 35.4   offense occurred.  The court transfers the case by ordering a 
 35.5   continuance and by forwarding to the court administrator of the 
 35.6   appropriate juvenile court a certified copy of all papers filed, 
 35.7   together with an order of transfer.  The judge of the receiving 
 35.8   court may accept the findings of the transferring court or may 
 35.9   direct the filing of a new petition or notice under section 
 35.10  260B.007, subdivision 18, or 260B.143 and hear the case anew.  
 35.11  [260.121, subd. 2 (omitting child protection-related text)] 
 35.12     Subd. 3.  [INVOLVING INTERSTATE COMPACT.] Except when a 
 35.13  child is alleged to have committed an adult court traffic 
 35.14  offense, as defined in section 260B.225, subdivision 1, clause 
 35.15  (c), if it appears at any stage of the proceeding that a child 
 35.16  before the court is a resident of another state, the court may 
 35.17  invoke the provisions of the interstate compact on juveniles or, 
 35.18  if it is in the best interests of the child or the public to do 
 35.19  so, the court may place the child in the custody of the child's 
 35.20  parent, guardian, or custodian, if the parent, guardian, or 
 35.21  custodian agrees to accept custody of the child and return the 
 35.22  child to their state. [260.121, subd. 3] 
 35.23     Sec. 11.  [260B.125] [CERTIFICATION.] 
 35.24     Subdivision 1.  [ORDER.] When a child is alleged to have 
 35.25  committed, after becoming 14 years of age, an offense that would 
 35.26  be a felony if committed by an adult, the juvenile court may 
 35.27  enter an order certifying the proceeding for action under the 
 35.28  laws and court procedures controlling adult criminal 
 35.29  violations.  [260.125, subd. 1] 
 35.30     Subd. 2.  [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 
 35.31  provided in subdivision 5 or 6, the juvenile court may order a 
 35.32  certification only if:  
 35.33     (1) a petition has been filed in accordance with the 
 35.34  provisions of section 260B.141; 
 35.35     (2) a motion for certification has been filed by the 
 35.36  prosecuting authority; 
 36.1      (3) notice has been given in accordance with the provisions 
 36.2   of sections 260B.151 and 260B.152; 
 36.3      (4) a hearing has been held in accordance with the 
 36.4   provisions of section 260B.163 within 30 days of the filing of 
 36.5   the certification motion, unless good cause is shown by the 
 36.6   prosecution or the child as to why the hearing should not be 
 36.7   held within this period in which case the hearing shall be held 
 36.8   within 90 days of the filing of the motion; 
 36.9      (5) the court finds that there is probable cause, as 
 36.10  defined by the rules of criminal procedure promulgated pursuant 
 36.11  to section 480.059, to believe the child committed the offense 
 36.12  alleged by delinquency petition; and 
 36.13     (6) the court finds either: 
 36.14     (i) that the presumption of certification created by 
 36.15  subdivision 3 applies and the child has not rebutted the 
 36.16  presumption by clear and convincing evidence demonstrating that 
 36.17  retaining the proceeding in the juvenile court serves public 
 36.18  safety; or 
 36.19     (ii) that the presumption of certification does not apply 
 36.20  and the prosecuting authority has demonstrated by clear and 
 36.21  convincing evidence that retaining the proceeding in the 
 36.22  juvenile court does not serve public safety.  If the court finds 
 36.23  that the prosecutor has not demonstrated by clear and convincing 
 36.24  evidence that retaining the proceeding in juvenile court does 
 36.25  not serve public safety, the court shall retain the proceeding 
 36.26  in juvenile court.  [260.125, subd. 2] 
 36.27     Subd. 3.  [PRESUMPTION OF CERTIFICATION.] It is presumed 
 36.28  that a proceeding involving an offense committed by a child will 
 36.29  be certified if: 
 36.30     (1) the child was 16 or 17 years old at the time of the 
 36.31  offense; and 
 36.32     (2) the delinquency petition alleges that the child 
 36.33  committed an offense that would result in a presumptive 
 36.34  commitment to prison under the sentencing guidelines and 
 36.35  applicable statutes, or that the child committed any felony 
 36.36  offense while using, whether by brandishing, displaying, 
 37.1   threatening with, or otherwise employing, a firearm. 
 37.2   If the court determines that probable cause exists to believe 
 37.3   the child committed the alleged offense, the burden is on the 
 37.4   child to rebut this presumption by demonstrating by clear and 
 37.5   convincing evidence that retaining the proceeding in the 
 37.6   juvenile court serves public safety.  If the court finds that 
 37.7   the child has not rebutted the presumption by clear and 
 37.8   convincing evidence, the court shall certify the proceeding.  
 37.9   [260.125, subd. 2a] 
 37.10     Subd. 4.  [PUBLIC SAFETY.] In determining whether the 
 37.11  public safety is served by certifying the matter, the court 
 37.12  shall consider the following factors: 
 37.13     (1) the seriousness of the alleged offense in terms of 
 37.14  community protection, including the existence of any aggravating 
 37.15  factors recognized by the sentencing guidelines, the use of a 
 37.16  firearm, and the impact on any victim; 
 37.17     (2) the culpability of the child in committing the alleged 
 37.18  offense, including the level of the child's participation in 
 37.19  planning and carrying out the offense and the existence of any 
 37.20  mitigating factors recognized by the sentencing guidelines; 
 37.21     (3) the child's prior record of delinquency; 
 37.22     (4) the child's programming history, including the child's 
 37.23  past willingness to participate meaningfully in available 
 37.24  programming; 
 37.25     (5) the adequacy of the punishment or programming available 
 37.26  in the juvenile justice system; and 
 37.27     (6) the dispositional options available for the child. 
 37.28  In considering these factors, the court shall give greater 
 37.29  weight to the seriousness of the alleged offense and the child's 
 37.30  prior record of delinquency than to the other factors listed in 
 37.31  this subdivision.  [260.125, subd. 2b] 
 37.32     Subd. 5.  [PRIOR CERTIFICATION; EXCEPTION.] Notwithstanding 
 37.33  the provisions of subdivisions 2, 3, and 4, the court shall 
 37.34  order a certification in any felony case if the prosecutor shows 
 37.35  that the child has been previously prosecuted on a felony charge 
 37.36  by an order of certification issued pursuant to either a hearing 
 38.1   held under subdivision 2 or pursuant to the waiver of the right 
 38.2   to such a hearing, other than a prior certification in the same 
 38.3   case. 
 38.4      This subdivision only applies if the child is convicted of 
 38.5   the offense or offenses for which the child was prosecuted 
 38.6   pursuant to the order of certification or of a lesser-included 
 38.7   offense which is a felony.  
 38.8      This subdivision does not apply to juvenile offenders who 
 38.9   are subject to criminal court jurisdiction under section 609.055.
 38.10  [260.125, subd. 3a] 
 38.11     Subd. 6.  [ADULT CHARGED WITH JUVENILE OFFENSE.] The 
 38.12  juvenile court has jurisdiction to hold a certification hearing 
 38.13  on motion of the prosecuting authority to certify the matter if: 
 38.14     (1) an adult is alleged to have committed an offense before 
 38.15  the adult's 18th birthday; and 
 38.16     (2) a petition is filed under section 260B.141 before 
 38.17  expiration of the time for filing under section 628.26. 
 38.18  The court may not certify the matter under this subdivision if 
 38.19  the adult demonstrates that the delay was purposefully caused by 
 38.20  the state in order to gain an unfair advantage.  [260.125, subd. 
 38.21  3b] 
 38.22     Subd. 7.  [EFFECT OF ORDER.] When the juvenile court enters 
 38.23  an order certifying an alleged violation, the prosecuting 
 38.24  authority shall proceed with the case as if the jurisdiction of 
 38.25  the juvenile court had never attached.  [260.125, subd. 4] 
 38.26     Subd. 8.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 38.27  decide whether to order certification within 15 days after the 
 38.28  certification hearing was completed, unless additional time is 
 38.29  needed, in which case the court may extend the period up to 
 38.30  another 15 days.  If the juvenile court orders certification, 
 38.31  and the presumption described in subdivision 3 does not apply, 
 38.32  the order shall contain in writing, findings of fact and 
 38.33  conclusions of law as to why public safety is not served by 
 38.34  retaining the proceeding in the juvenile court.  If the juvenile 
 38.35  court, after a hearing conducted pursuant to subdivision 2, 
 38.36  decides not to order certification, the decision shall contain, 
 39.1   in writing, findings of fact and conclusions of law as to why 
 39.2   certification is not ordered.  If the juvenile court decides not 
 39.3   to order certification in a case in which the presumption 
 39.4   described in subdivision 3 applies, the court shall designate 
 39.5   the proceeding an extended jurisdiction juvenile prosecution and 
 39.6   include in its decision written findings of fact and conclusions 
 39.7   of law as to why the retention of the proceeding in juvenile 
 39.8   court serves public safety, with specific reference to the 
 39.9   factors listed in subdivision 4.  If the court decides not to 
 39.10  order certification in a case in which the presumption described 
 39.11  in subdivision 3 does not apply, the court may designate the 
 39.12  proceeding an extended jurisdiction juvenile prosecution, 
 39.13  pursuant to the hearing process described in section 260B.130, 
 39.14  subdivision 2.  [260.125, subd. 5] 
 39.15     Subd. 9.  [FIRST-DEGREE MURDER.] When a motion for 
 39.16  certification has been filed in a case in which the petition 
 39.17  alleges that the child committed murder in the first degree, the 
 39.18  prosecuting authority shall present the case to the grand jury 
 39.19  for consideration of indictment under chapter 628 within 14 days 
 39.20  after the petition was filed.  [260.125, subd. 6] 
 39.21     Subd. 10.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
 39.22  section does not apply to a child excluded from the definition 
 39.23  of delinquent child under section 260B.007, subdivision 6, 
 39.24  paragraph (b).  [260.125, subd. 7] 
 39.25     Sec. 12.  [260B.130] [EXTENDED JURISDICTION JUVENILE 
 39.26  PROSECUTIONS.] 
 39.27     Subdivision 1.  [DESIGNATION.] A proceeding involving a 
 39.28  child alleged to have committed a felony offense is an extended 
 39.29  jurisdiction juvenile prosecution if: 
 39.30     (1) the child was 14 to 17 years old at the time of the 
 39.31  alleged offense, a certification hearing was held, and the court 
 39.32  designated the proceeding an extended jurisdiction juvenile 
 39.33  prosecution; 
 39.34     (2) the child was 16 or 17 years old at the time of the 
 39.35  alleged offense; the child is alleged to have committed an 
 39.36  offense for which the sentencing guidelines and applicable 
 40.1   statutes presume a commitment to prison or to have committed any 
 40.2   felony in which the child allegedly used a firearm; and the 
 40.3   prosecutor designated in the delinquency petition that the 
 40.4   proceeding is an extended jurisdiction juvenile prosecution; or 
 40.5      (3) the child was 14 to 17 years old at the time of the 
 40.6   alleged offense, the prosecutor requested that the proceeding be 
 40.7   designated an extended jurisdiction juvenile prosecution, a 
 40.8   hearing was held on the issue of designation, and the court 
 40.9   designated the proceeding an extended jurisdiction juvenile 
 40.10  prosecution.  [260.126, subd. 1] 
 40.11     Subd. 2.  [HEARING ON PROSECUTOR'S REQUEST.] When a 
 40.12  prosecutor requests that a proceeding be designated an extended 
 40.13  jurisdiction juvenile prosecution, the court shall hold a 
 40.14  hearing under section 260B.163 to consider the request.  The 
 40.15  hearing must be held within 30 days of the filing of the request 
 40.16  for designation, unless good cause is shown by the prosecution 
 40.17  or the child as to why the hearing should not be held within 
 40.18  this period in which case the hearing shall be held within 90 
 40.19  days of the filing of the request.  If the prosecutor shows by 
 40.20  clear and convincing evidence that designating the proceeding an 
 40.21  extended jurisdiction juvenile prosecution serves public safety, 
 40.22  the court shall grant the request for designation.  In 
 40.23  determining whether public safety is served, the court shall 
 40.24  consider the factors specified in section 260B.125, subdivision 
 40.25  4.  The court shall decide whether to designate the proceeding 
 40.26  an extended jurisdiction juvenile prosecution within 15 days 
 40.27  after the designation hearing is completed, unless additional 
 40.28  time is needed, in which case the court may extend the period up 
 40.29  to another 15 days.  [260.126, subd. 2] 
 40.30     Subd. 3.  [PROCEEDINGS.] A child who is the subject of an 
 40.31  extended jurisdiction juvenile prosecution has the right to a 
 40.32  trial by jury and to the effective assistance of counsel, as 
 40.33  described in section 260B.163, subdivision 4.  [260.126, subd. 
 40.34  3] 
 40.35     Subd. 4.  [DISPOSITION.] (a) If an extended jurisdiction 
 40.36  juvenile prosecution results in a guilty plea or finding of 
 41.1   guilt, the court shall: 
 41.2      (1) impose one or more juvenile dispositions under section 
 41.3   260B.198; and 
 41.4      (2) impose an adult criminal sentence, the execution of 
 41.5   which shall be stayed on the condition that the offender not 
 41.6   violate the provisions of the disposition order and not commit a 
 41.7   new offense. 
 41.8      (b) If a child prosecuted as an extended jurisdiction 
 41.9   juvenile after designation by the prosecutor in the delinquency 
 41.10  petition is convicted of an offense after trial that is not an 
 41.11  offense described in subdivision 1, clause (2), the court shall 
 41.12  adjudicate the child delinquent and order a disposition under 
 41.13  section 260B.198.  If the extended jurisdiction juvenile 
 41.14  proceeding results in a guilty plea for an offense not described 
 41.15  in subdivision 1, clause (2), the court may impose a disposition 
 41.16  under paragraph (a) if the child consents.  [260.126, subd. 4] 
 41.17     Subd. 5.  [EXECUTION OF ADULT SENTENCE.] When it appears 
 41.18  that a person convicted as an extended jurisdiction juvenile has 
 41.19  violated the conditions of the stayed sentence, or is alleged to 
 41.20  have committed a new offense, the court may, without notice, 
 41.21  revoke the stay and probation and direct that the offender be 
 41.22  taken into immediate custody.  The court shall notify the 
 41.23  offender in writing of the reasons alleged to exist for 
 41.24  revocation of the stay of execution of the adult sentence.  If 
 41.25  the offender challenges the reasons, the court shall hold a 
 41.26  summary hearing on the issue at which the offender is entitled 
 41.27  to be heard and represented by counsel.  After the hearing, if 
 41.28  the court finds that reasons exist to revoke the stay of 
 41.29  execution of sentence, the court shall treat the offender as an 
 41.30  adult and order any of the adult sanctions authorized by section 
 41.31  609.14, subdivision 3.  If the offender was convicted of an 
 41.32  offense described in subdivision 1, clause (2), and the court 
 41.33  finds that reasons exist to revoke the stay, the court must 
 41.34  order execution of the previously imposed sentence unless the 
 41.35  court makes written findings regarding the mitigating factors 
 41.36  that justify continuing the stay.  Upon revocation, the 
 42.1   offender's extended jurisdiction status is terminated and 
 42.2   juvenile court jurisdiction is terminated.  The ongoing 
 42.3   jurisdiction for any adult sanction, other than commitment to 
 42.4   the commissioner of corrections, is with the adult court.  
 42.5   [260.126, subd. 5] 
 42.6      Subd. 6.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
 42.7   section does not apply to a child excluded from the definition 
 42.8   of delinquent child under section 260B.007, subdivision 6, 
 42.9   paragraph (b).  [260.126, subd. 6] 
 42.10     Sec. 13.  [260B.141] [PETITION.] 
 42.11     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] Any 
 42.12  reputable person, including but not limited to any agent of the 
 42.13  commissioner of human services, having knowledge of a child in 
 42.14  this state or of a child who is a resident of this state, who 
 42.15  appears to be delinquent, may petition the juvenile court in the 
 42.16  manner provided in this section.  [260.131, subd. 1(a) (omitting 
 42.17  child protection-related text)] 
 42.18     Subd. 2.  [VERIFICATION OF PETITION.] The petition shall be 
 42.19  verified by the person having knowledge of the facts and may be 
 42.20  on information and belief.  Unless otherwise provided by this 
 42.21  section or by rule or order of the court, the county attorney 
 42.22  shall draft the petition upon the showing of reasonable grounds 
 42.23  to support the petition.  [260.131, subd. 2] 
 42.24     Subd. 3.  [FORM OF PETITION.] The petition and all 
 42.25  subsequent court documents shall be entitled substantially as 
 42.26  follows: 
 42.27     "Juvenile Court, County of ................. 
 42.28     In the matter of the welfare of ..........." 
 42.29     The petition shall set forth plainly: 
 42.30     (a) The facts which bring the child within the jurisdiction 
 42.31  of the court; 
 42.32     (b) The name, date of birth, residence, and post office 
 42.33  address of the child; 
 42.34     (c) The names, residences, and post office addresses of the 
 42.35  child's parents; 
 42.36     (d) The name, residence, and post office address of the 
 43.1   child's guardian if there be one, of the person having custody 
 43.2   or control of the child, and of the nearest known relative if no 
 43.3   parent or guardian can be found; 
 43.4      (e) The spouse of the child, if there be one.  If any of 
 43.5   the facts required by the petition are not known or cannot be 
 43.6   ascertained by the petitioner, the petition shall so state.  
 43.7   [260.131, subd. 3] 
 43.8      Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 43.9   JUVENILE.] When a prosecutor files a delinquency petition 
 43.10  alleging that a child committed a felony offense for which there 
 43.11  is a presumptive commitment to prison according to the 
 43.12  sentencing guidelines and applicable statutes or in which the 
 43.13  child used a firearm, after reaching the age of 16 years, the 
 43.14  prosecutor shall indicate in the petition whether the prosecutor 
 43.15  designates the proceeding an extended jurisdiction juvenile 
 43.16  prosecution.  When a prosecutor files a delinquency petition 
 43.17  alleging that a child aged 14 to 17 years committed a felony 
 43.18  offense, the prosecutor may request that the court designate the 
 43.19  proceeding an extended jurisdiction juvenile prosecution.  
 43.20  [260.131, subd. 4] 
 43.21     Sec. 14.  [260B.143] [PROCEDURE; JUVENILE PETTY AND 
 43.22  MISDEMEANOR OFFENDERS.] 
 43.23     Subdivision 1.  [NOTICE.] When a peace officer has probable 
 43.24  cause to believe that a child: 
 43.25     (1) is a juvenile petty offender; or 
 43.26     (2) has committed a delinquent act that would be a petty 
 43.27  misdemeanor or misdemeanor if committed by an adult; 
 43.28  the officer may issue a notice to the child to appear in 
 43.29  juvenile court in the county in which the child is found or in 
 43.30  the county of the child's residence or, in the case of a 
 43.31  juvenile petty offense, or a petty misdemeanor or misdemeanor 
 43.32  delinquent act, the county in which the offense was committed.  
 43.33  The officer shall file a copy of the notice to appear with the 
 43.34  juvenile court of the appropriate county.  If a child fails to 
 43.35  appear in response to the notice, the court may issue a summons 
 43.36  notifying the child of the nature of the offense alleged and the 
 44.1   time and place set for the hearing.  If the peace officer finds 
 44.2   it necessary to take the child into custody, sections 260.165 
 44.3   and 260B.176 shall apply. [260.132, subd. 1 (omitting child 
 44.4   protection-related text)] 
 44.5      Subd. 2.  [EFFECT OF NOTICE.] Filing with the court a 
 44.6   notice to appear containing the name and address of the child, 
 44.7   specifying the offense alleged and the time and place it was 
 44.8   committed, has the effect of a petition giving the juvenile 
 44.9   court jurisdiction.  [260.132, subd. 2 (omitting child 
 44.10  protection-related text)] 
 44.11     Subd. 3.  [NOTICE TO PARENT.] Whenever a notice to appear 
 44.12  or petition is filed alleging that a child is a juvenile petty 
 44.13  offender or has committed a delinquent act that would be a petty 
 44.14  misdemeanor or misdemeanor if committed by an adult, the court 
 44.15  shall summon and notify the person or persons having custody or 
 44.16  control of the child of the nature of the offense alleged and 
 44.17  the time and place of hearing.  This summons and notice shall be 
 44.18  served in the time and manner provided in section 260B.151, 
 44.19  subdivision 1.  [260.132, subd. 3 (omitting child 
 44.20  protection-related text)] 
 44.21     Subd. 4.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 44.22  as otherwise provided in section 260B.163, subdivision 4, a 
 44.23  child alleged to be a juvenile petty offender may be represented 
 44.24  by counsel, but does not have a right to appointment of a public 
 44.25  defender or other counsel at public expense.  [260.132, subd. 
 44.26  3a] 
 44.27     Sec. 15.  [260B.151] [SUMMONS; NOTICE.] 
 44.28     Subdivision 1.  [ISSUANCE OF SUMMONS.] After a petition has 
 44.29  been filed and unless the parties hereinafter named voluntarily 
 44.30  appear, the court shall set a time for a hearing and shall issue 
 44.31  a summons requiring the person who has custody or control of the 
 44.32  child to appear with the child before the court at a time and 
 44.33  place stated.  The summons shall have a copy of the petition 
 44.34  attached, and shall advise the parties of the right to counsel 
 44.35  and of the consequences of failure to obey the summons.  The 
 44.36  court shall give docket priority to any delinquency petition 
 45.1   that contains allegations of child abuse over any other case 
 45.2   except those delinquency matters where a child is being held in 
 45.3   a secure detention facility.  As used in this subdivision, 
 45.4   "child abuse" has the meaning given it in section 630.36, 
 45.5   subdivision 2.  [260.135, subd. 1 [omitting child 
 45.6   protection-related text)] 
 45.7      Subd. 2.  [NOTICE OF PENDENCY OF CASE.] The court shall 
 45.8   have notice of the pendency of the case and of the time and 
 45.9   place of the hearing served upon a parent, guardian, or spouse 
 45.10  of the child, who has not been summoned as provided in 
 45.11  subdivision 1.  For an Indian child, notice of all proceedings 
 45.12  must comply with the Indian Child Welfare Act of 1978, United 
 45.13  States Code, title 25, section 1901, et seq., and section 
 45.14  260.765.  [260.135, subd. 2] 
 45.15     Subd. 3.  [SUBPOENA ISSUANCE.] The court may issue a 
 45.16  subpoena requiring the appearance of any other person whose 
 45.17  presence, in the opinion of the court, is necessary.  [260.135, 
 45.18  subd. 4] 
 45.19     Sec. 16.  [260B.152] [SERVICE OF SUMMONS, NOTICE.] 
 45.20     Subdivision 1.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
 45.21  SERVICE.] The service of a summons or a notice in lieu of 
 45.22  summons shall be as provided in the rules of juvenile 
 45.23  procedure.  [260.141, subd. 1a] 
 45.24     Subd. 2.  [SERVICE; FEES.] Service of summons, notice, or 
 45.25  subpoena required by sections 260B.151 to 260B.255 shall be made 
 45.26  by any suitable person under the direction of the court, and 
 45.27  upon request of the court shall be made by a probation officer 
 45.28  or any peace officer.  The fees and mileage of witnesses shall 
 45.29  be paid by the county if the subpoena is issued by the court on 
 45.30  its own motion or at the request of the county attorney.  All 
 45.31  other fees shall be paid by the party requesting the subpoena 
 45.32  unless otherwise ordered by the court.  [260.141, subd. 2] 
 45.33     Subd. 3.  [PROOF OF SERVICE.] Proof of the service required 
 45.34  by this section shall be made by the person having knowledge 
 45.35  thereof.  [260.141, subd. 3] 
 45.36     Sec. 17.  [260B.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 
 46.1   CONTEMPT, ARREST.] 
 46.2      If any person personally served with summons or subpoena 
 46.3   fails, without reasonable cause, to appear or bring the child, 
 46.4   or if the court has reason to believe the person is avoiding 
 46.5   personal service, or if any custodial parent or guardian fails, 
 46.6   without reasonable cause, to accompany the child to a hearing as 
 46.7   required under section 260B.163, subdivision 8, the person may 
 46.8   be proceeded against for contempt of court or the court may 
 46.9   issue a warrant for the person's arrest, or both.  In any case 
 46.10  when it appears to the court that the service will be 
 46.11  ineffectual, or that the welfare of the child requires that the 
 46.12  child be brought forthwith into the custody of the court, the 
 46.13  court may issue a warrant for immediate custody of the child.  
 46.14  [260.145] 
 46.15     Sec. 18.  [260B.157] [INVESTIGATION; PHYSICAL AND MENTAL 
 46.16  EXAMINATION.] 
 46.17     Subdivision 1.  [INVESTIGATION.] Upon request of the court 
 46.18  the local social services agency or probation officer shall 
 46.19  investigate the personal and family history and environment of 
 46.20  any minor coming within the jurisdiction of the court under 
 46.21  section 260B.101 and shall report its findings to the court.  
 46.22  The court may order any minor coming within its jurisdiction to 
 46.23  be examined by a duly qualified physician, psychiatrist, or 
 46.24  psychologist appointed by the court.  
 46.25     The court shall have a chemical use assessment conducted 
 46.26  when a child is (1) found to be delinquent for violating a 
 46.27  provision of chapter 152, or for committing a felony-level 
 46.28  violation of a provision of chapter 609 if the probation officer 
 46.29  determines that alcohol or drug use was a contributing factor in 
 46.30  the commission of the offense, or (2) alleged to be delinquent 
 46.31  for violating a provision of chapter 152, if the child is being 
 46.32  held in custody under a detention order.  The assessor's 
 46.33  qualifications and the assessment criteria shall comply with 
 46.34  Minnesota Rules, parts 9530.6600 to 9530.6655.  If funds under 
 46.35  chapter 254B are to be used to pay for the recommended 
 46.36  treatment, the assessment and placement must comply with all 
 47.1   provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 
 47.2   9530.7000 to 9530.7030.  The commissioner of human services 
 47.3   shall reimburse the court for the cost of the chemical use 
 47.4   assessment, up to a maximum of $100. 
 47.5      With the consent of the commissioner of corrections and 
 47.6   agreement of the county to pay the costs thereof, the court may, 
 47.7   by order, place a minor coming within its jurisdiction in an 
 47.8   institution maintained by the commissioner for the detention, 
 47.9   diagnosis, custody and treatment of persons adjudicated to be 
 47.10  delinquent, in order that the condition of the minor be given 
 47.11  due consideration in the disposition of the case.  Any funds 
 47.12  received under the provisions of this subdivision shall not 
 47.13  cancel until the end of the fiscal year immediately following 
 47.14  the fiscal year in which the funds were received.  The funds are 
 47.15  available for use by the commissioner of corrections during that 
 47.16  period and are hereby appropriated annually to the commissioner 
 47.17  of corrections as reimbursement of the costs of providing these 
 47.18  services to the juvenile courts.  [260.151, subd. 1 (omitting 
 47.19  child protection-related text)] 
 47.20     Subd. 2.  [PETITION REQUIREMENT.] The court may proceed as 
 47.21  described in subdivision 1 only after a petition has been filed 
 47.22  and, in delinquency cases, after the child has appeared before 
 47.23  the court or a court appointed referee and has been informed of 
 47.24  the allegations contained in the petition.  However, when the 
 47.25  child denies being delinquent before the court or court 
 47.26  appointed referee, the investigation or examination shall not be 
 47.27  conducted before a hearing has been held as provided in section 
 47.28  260B.163.  [260.151, subd. 2] 
 47.29     Subd. 3.  [JUVENILE TREATMENT SCREENING TEAM.] (a) The 
 47.30  local social services agency, at its option, may establish a 
 47.31  juvenile treatment screening team to conduct screenings and 
 47.32  prepare case plans under this subdivision.  The team, which may 
 47.33  be the team constituted under section 245.4885 or 256B.092 or 
 47.34  Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 
 47.35  social workers, juvenile justice professionals, and persons with 
 47.36  expertise in the treatment of juveniles who are emotionally 
 48.1   disabled, chemically dependent, or have a developmental 
 48.2   disability.  The team shall involve parents or guardians in the 
 48.3   screening process as appropriate.  
 48.4      (b) This paragraph applies only in counties that have 
 48.5   established a juvenile treatment screening team under paragraph 
 48.6   (a).  If the court, prior to, or as part of, a final 
 48.7   disposition, proposes to place a child for the primary purpose 
 48.8   of treatment for an emotional disturbance, a developmental 
 48.9   disability, or chemical dependency in a residential treatment 
 48.10  facility out of state or in one which is within the state and 
 48.11  licensed by the commissioner of human services under chapter 
 48.12  245A, the court shall notify the county welfare agency.  The 
 48.13  county's juvenile treatment screening team must either: 
 48.14     (1) screen and evaluate the child and file its 
 48.15  recommendations with the court within 14 days of receipt of the 
 48.16  notice; or 
 48.17     (2) elect not to screen a given case, and notify the court 
 48.18  of that decision within three working days.  
 48.19     (c) If the screening team has elected to screen and 
 48.20  evaluate the child, the child may not be placed for the primary 
 48.21  purpose of treatment for an emotional disturbance, a 
 48.22  developmental disability, or chemical dependency, in a 
 48.23  residential treatment facility out of state nor in a residential 
 48.24  treatment facility within the state that is licensed under 
 48.25  chapter 245A, unless one of the following conditions applies:  
 48.26     (1) a treatment professional certifies that an emergency 
 48.27  requires the placement of the child in a facility within the 
 48.28  state; 
 48.29     (2) the screening team has evaluated the child and 
 48.30  recommended that a residential placement is necessary to meet 
 48.31  the child's treatment needs and the safety needs of the 
 48.32  community, that it is a cost-effective means of meeting the 
 48.33  treatment needs, and that it will be of therapeutic value to the 
 48.34  child; or 
 48.35     (3) the court, having reviewed a screening team 
 48.36  recommendation against placement, determines to the contrary 
 49.1   that a residential placement is necessary.  The court shall 
 49.2   state the reasons for its determination in writing, on the 
 49.3   record, and shall respond specifically to the findings and 
 49.4   recommendation of the screening team in explaining why the 
 49.5   recommendation was rejected.  The attorney representing the 
 49.6   child and the prosecuting attorney shall be afforded an 
 49.7   opportunity to be heard on the matter.  [260.151, subd. 3] 
 49.8      Sec. 19.  [260B.161] [MENTAL HEALTH SCREENING OF CHILDREN.] 
 49.9      Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
 49.10  services, in cooperation with the commissioner of corrections, 
 49.11  shall establish pilot projects in counties to reduce the 
 49.12  recidivism rates of juvenile offenders, by identifying and 
 49.13  treating underlying mental health problems that contribute to 
 49.14  delinquent behavior and can be addressed through nonresidential 
 49.15  services.  At least one of the pilot projects must be in the 
 49.16  seven-county metropolitan area and at least one must be in 
 49.17  greater Minnesota.  [260.152, subd. 1] 
 49.18     Subd. 2.  [PROGRAM COMPONENTS.] (a) The commissioner of 
 49.19  human services shall, in consultation with the Indian affairs 
 49.20  council, the council on affairs of Chicano/Latino people, the 
 49.21  council on Black Minnesotans, and the council on Asian-Pacific 
 49.22  Minnesotans, provide grants to the counties for the pilot 
 49.23  projects.  The projects shall build upon the existing service 
 49.24  capabilities in the community and must include availability of 
 49.25  screening for mental health problems of children who are alleged 
 49.26  or found to be delinquent. 
 49.27     (b) The projects must include referral for mental health 
 49.28  assessment of all children for whom the screening indicates a 
 49.29  need.  This assessment is to be provided by the appropriate 
 49.30  mental health professional.  If the child is of a minority race 
 49.31  or minority ethnic heritage, the mental health professional must 
 49.32  be skilled in and knowledgeable about the child's racial and 
 49.33  ethnic heritage, or must consult with a special mental health 
 49.34  consultant who has such knowledge so that the assessment is 
 49.35  relevant, culturally specific, and sensitive to the child's 
 49.36  cultural needs. 
 50.1      (c) Upon completion of the assessment, the project must 
 50.2   provide or ensure access to nonresidential mental health 
 50.3   services identified as needed in the assessment.  [260.152, 
 50.4   subd. 2 (omitting child protection-related text)] 
 50.5      Subd. 3.  [SCREENING TOOL.] The commissioner of human 
 50.6   services and the commissioner of corrections, in consultation 
 50.7   with the Indian affairs council, the council on affairs of 
 50.8   Chicano/Latino people, the council on Black Minnesotans, and the 
 50.9   council on Asian-Pacific Minnesotans, shall jointly develop a 
 50.10  model screening tool to screen children to determine if a mental 
 50.11  health assessment is needed.  This tool must contain specific 
 50.12  questions to identify potential mental health problems.  In 
 50.13  implementing a pilot project, a county must either use this 
 50.14  model tool or another screening tool approved by the 
 50.15  commissioner of human services which meets the requirements of 
 50.16  this section.  [260.152, subd. 3] 
 50.17     Subd. 4.  [PROGRAM REQUIREMENTS.] To receive funds, the 
 50.18  county program proposal shall be a joint proposal with all 
 50.19  affected local agencies, resulting in part from consultation 
 50.20  with the local coordinating council established under section 
 50.21  245.4873, subdivision 3, and the local mental health advisory 
 50.22  council established under section 245.4875, subdivision 5, and 
 50.23  shall contain the following: 
 50.24     (1) evidence of interagency collaboration by all publicly 
 50.25  funded agencies serving children with emotional disturbances, 
 50.26  including evidence of consultation with the agencies listed in 
 50.27  this section; 
 50.28     (2) a signed agreement by the local court services and 
 50.29  local mental health and county social service agencies to work 
 50.30  together on the following:  development of a program; 
 50.31  development of written interagency agreements and protocols to 
 50.32  ensure that the mental health needs of juvenile offenders are 
 50.33  identified, addressed, and treated; and development of a 
 50.34  procedure for joint evaluation of the program; 
 50.35     (3) a description of existing services that will be used in 
 50.36  this program; 
 51.1      (4) a description of additional services that will be 
 51.2   developed with program funds, including estimated costs and 
 51.3   numbers of children to be served; and 
 51.4      (5) assurances that funds received by a county under this 
 51.5   section will not be used to supplant existing mental health 
 51.6   funding for which the child is eligible. 
 51.7      The commissioner of human services and the commissioner of 
 51.8   corrections shall jointly determine the application form, 
 51.9   information needed, deadline for application, criteria for 
 51.10  awards, and a process for providing technical assistance and 
 51.11  training to counties.  The technical assistance shall include 
 51.12  information about programs that have been successful in reducing 
 51.13  recidivism by juvenile offenders.  [260.152, subd. 4 (omitting 
 51.14  child protection-related text)] 
 51.15     Subd. 5.  [INTERAGENCY AGREEMENTS.] To receive funds, the 
 51.16  county must agree to develop written interagency agreements 
 51.17  between local court services agencies and local county mental 
 51.18  health agencies within six months of receiving the initial 
 51.19  program funds.  These agreements shall include a description of 
 51.20  each local agency's responsibilities, with a detailed assignment 
 51.21  of the tasks necessary to implement the program.  The agreement 
 51.22  shall state how they will comply with the confidentiality 
 51.23  requirements of the participating local agencies.  [260.152, 
 51.24  subd. 5] 
 51.25     Subd. 6.  [EVALUATION.] The commissioner of human services 
 51.26  and the commissioner of corrections shall, in consultation with 
 51.27  the Indian affairs council, the council on affairs of 
 51.28  Chicano/Latino people, the council on Black Minnesotans, and the 
 51.29  council on Asian-Pacific Minnesotans, develop systems and 
 51.30  procedures for evaluating the pilot projects.  The departments 
 51.31  must develop an interagency management information system to 
 51.32  track children who receive mental health services.  The system 
 51.33  must be designed to meet the information needs of the agencies 
 51.34  involved and to provide a basis for evaluating outcome data.  
 51.35  The system must be designed to track the mental health treatment 
 51.36  of children released from custody and to improve the planning, 
 52.1   delivery, and evaluation of services and increase interagency 
 52.2   collaboration.  The evaluation protocol must be designed to 
 52.3   measure the impact of the program on juvenile recidivism, school 
 52.4   performance, and state and county budgets.  [260.152, subd. 6] 
 52.5      Sec. 20.  [260B.163] [HEARING.] 
 52.6      Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
 52.7   under section 260B.401, hearings on any matter shall be without 
 52.8   a jury and may be conducted in an informal manner, except that a 
 52.9   child who is prosecuted as an extended jurisdiction juvenile has 
 52.10  the right to a jury trial on the issue of guilt.  The rules of 
 52.11  evidence promulgated pursuant to section 480.0591 and the law of 
 52.12  evidence shall apply in adjudicatory proceedings involving a 
 52.13  child alleged to be delinquent, an extended jurisdiction 
 52.14  juvenile, or a juvenile petty offender, and hearings conducted 
 52.15  pursuant to section 260B.125 except to the extent that the rules 
 52.16  themselves provide that they do not apply.  
 52.17     (b) When a continuance or adjournment is ordered in any 
 52.18  proceeding, the court may make any interim orders as it deems in 
 52.19  the best interests of the minor in accordance with the 
 52.20  provisions of sections 260B.001 to 260B.446. 
 52.21     (c) Except as otherwise provided in this paragraph, the 
 52.22  court shall exclude the general public from hearings under this 
 52.23  chapter and shall admit only those persons who, in the 
 52.24  discretion of the court, have a direct interest in the case or 
 52.25  in the work of the court.  The court shall open the hearings to 
 52.26  the public in delinquency or extended jurisdiction juvenile 
 52.27  proceedings where the child is alleged to have committed an 
 52.28  offense or has been proven to have committed an offense that 
 52.29  would be a felony if committed by an adult and the child was at 
 52.30  least 16 years of age at the time of the offense, except that 
 52.31  the court may exclude the public from portions of a 
 52.32  certification hearing to discuss psychological material or other 
 52.33  evidence that would not be accessible to the public in an adult 
 52.34  proceeding. 
 52.35     (d) In all delinquency cases a person named in the charging 
 52.36  clause of the petition as a person directly damaged in person or 
 53.1   property shall be entitled, upon request, to be notified by the 
 53.2   court administrator in writing, at the named person's last known 
 53.3   address, of (1) the date of the certification or adjudicatory 
 53.4   hearings, and (2) the disposition of the case.  [260.155, subd. 
 53.5   1 (omitting child protection-related text)] 
 53.6      Subd. 2.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 53.7   who is the subject of a petition, and the parents, guardian, or 
 53.8   legal custodian of the child have the right to participate in 
 53.9   all proceedings on a petition.  Official tribal representatives 
 53.10  have the right to participate in any proceeding that is subject 
 53.11  to the Indian Child Welfare Act of 1978, United States Code, 
 53.12  title 25, sections 1901 to 1963. 
 53.13     Any grandparent of the child has a right to participate in 
 53.14  the proceedings to the same extent as a parent, if the child has 
 53.15  lived with the grandparent within the two years preceding the 
 53.16  filing of the petition.  At the first hearing following the 
 53.17  filing of a petition, the court shall ask whether the child has 
 53.18  lived with a grandparent within the last two years, except that 
 53.19  the court need not make this inquiry if the petition states that 
 53.20  the child did not live with a grandparent during this time 
 53.21  period.  Failure to notify a grandparent of the proceedings is 
 53.22  not a jurisdictional defect.  [260.155, subd. 1a (omitting child 
 53.23  protection-related text)] 
 53.24     Subd. 3.  [RIGHT OF ALLEGED VICTIM TO PRESENCE OF 
 53.25  SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision 
 53.26  1 to the contrary, in any delinquency proceedings in which the 
 53.27  alleged victim of the delinquent act is testifying in court, the 
 53.28  victim may choose to have a supportive person who is not 
 53.29  scheduled to be a witness in the proceedings, present during the 
 53.30  testimony of the victim.  [260.155, subd. 1b] 
 53.31     Subd. 4.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 53.32  guardian or custodian has the right to effective assistance of 
 53.33  counsel in connection with a proceeding in juvenile court.  This 
 53.34  right does not apply to a child who is charged with a juvenile 
 53.35  petty offense as defined in section 260B.007, subdivision 15, 
 53.36  unless the child is charged with a third or subsequent juvenile 
 54.1   alcohol or controlled substance offense and may be subject to 
 54.2   the alternative disposition described in section 260B.235, 
 54.3   subdivision 6.  
 54.4      (b) The court shall appoint counsel, or stand-by counsel if 
 54.5   the child waives the right to counsel, for a child who is: 
 54.6      (1) charged by delinquency petition with a gross 
 54.7   misdemeanor or felony offense; or 
 54.8      (2) the subject of a delinquency proceeding in which 
 54.9   out-of-home placement has been proposed. 
 54.10     (c) If they desire counsel but are unable to employ it, the 
 54.11  court shall appoint counsel to represent the child or the 
 54.12  parents or guardian in any case in which it feels that such an 
 54.13  appointment is appropriate, except a juvenile petty offender who 
 54.14  does not have the right to counsel under paragraph (a).  
 54.15     (d) Counsel for the child shall not also act as the child's 
 54.16  guardian ad litem.  [260.155, subd. 2 (omitting child 
 54.17  protection-related text)] 
 54.18     Subd. 5.  [COUNTY ATTORNEY.] The county attorney shall 
 54.19  present the evidence upon request of the court.  [260.155, subd. 
 54.20  3 (omitting child protection-related text)] 
 54.21     Subd. 6.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 54.22  a guardian ad litem to protect the interests of the minor when 
 54.23  it appears, at any stage of the proceedings, that the minor is 
 54.24  without a parent or guardian, or that the minor's parent is a 
 54.25  minor or incompetent, or that the parent or guardian is 
 54.26  indifferent or hostile to the minor's interests.  In any other 
 54.27  case the court may appoint a guardian ad litem to protect the 
 54.28  interests of the minor when the court feels that such an 
 54.29  appointment is desirable.  The court shall appoint the guardian 
 54.30  ad litem on its own motion or in the manner provided for the 
 54.31  appointment of a guardian ad litem in the district court.  The 
 54.32  court may appoint separate counsel for the guardian ad litem if 
 54.33  necessary.  
 54.34     (b) A guardian ad litem shall carry out the following 
 54.35  responsibilities: 
 54.36     (1) conduct an independent investigation to determine the 
 55.1   facts relevant to the situation of the child and the family, 
 55.2   which must include, unless specifically excluded by the court, 
 55.3   reviewing relevant documents; meeting with and observing the 
 55.4   child in the home setting and considering the child's wishes, as 
 55.5   appropriate; and interviewing parents, caregivers, and others 
 55.6   with knowledge relevant to the case; 
 55.7      (2) advocate for the child's best interests by 
 55.8   participating in appropriate aspects of the case and advocating 
 55.9   for appropriate community services when necessary; 
 55.10     (3) maintain the confidentiality of information related to 
 55.11  a case, with the exception of sharing information as permitted 
 55.12  by law to promote cooperative solutions that are in the best 
 55.13  interests of the child; 
 55.14     (4) monitor the child's best interests throughout the 
 55.15  judicial proceeding; and 
 55.16     (5) present written reports on the child's best interests 
 55.17  that include conclusions and recommendations and the facts upon 
 55.18  which they are based. 
 55.19     (c) The court may waive the appointment of a guardian ad 
 55.20  litem pursuant to clause (a), whenever counsel has been 
 55.21  appointed pursuant to subdivision 2 or is retained otherwise, 
 55.22  and the court is satisfied that the interests of the minor are 
 55.23  protected. 
 55.24     (d) In appointing a guardian ad litem pursuant to clause 
 55.25  (a), the court shall not appoint the party, or any agent or 
 55.26  employee thereof, filing a petition pursuant to section 260.131. 
 55.27     (e) The following factors shall be considered when 
 55.28  appointing a guardian ad litem in a case involving an Indian or 
 55.29  minority child: 
 55.30     (1) whether a person is available who is the same racial or 
 55.31  ethnic heritage as the child or, if that is not possible; 
 55.32     (2) whether a person is available who knows and appreciates 
 55.33  the child's racial or ethnic heritage.  [260.155, subd. 4 
 55.34  (omitting child protection-related text)] 
 55.35     Subd. 7.  [PARENT OR GUARDIAN MUST ACCOMPANY CHILD AT 
 55.36  HEARING.] The custodial parent or guardian of a child who is 
 56.1   alleged or found to be delinquent, or is prosecuted as an 
 56.2   extended jurisdiction juvenile, must accompany the child at each 
 56.3   hearing held during the delinquency or extended jurisdiction 
 56.4   juvenile proceedings, unless the court excuses the parent or 
 56.5   guardian from attendance for good cause shown.  The failure of a 
 56.6   parent or guardian to comply with this duty may be punished as 
 56.7   provided in section 260B.154.  [260.155, subd. 4b.] 
 56.8      Subd. 8.  [WAIVING THE PRESENCE OF CHILD, PARENT.] Except 
 56.9   in delinquency proceedings, the court may waive the presence of 
 56.10  the minor in court at any stage of the proceedings when it is in 
 56.11  the best interests of the minor to do so.  In a delinquency 
 56.12  proceeding, after the child is found to be delinquent, the court 
 56.13  may excuse the presence of the child from the hearing when it is 
 56.14  in the best interests of the child to do so.  In any proceeding 
 56.15  the court may temporarily excuse the presence of the parent or 
 56.16  guardian of a minor from the hearing when it is in the best 
 56.17  interests of the minor to do so.  The attorney or guardian ad 
 56.18  litem, if any, has the right to continue to participate in 
 56.19  proceedings during the absence of the minor, parent, or 
 56.20  guardian.  [260.155, subd. 5] 
 56.21     Subd. 9.  [RIGHTS OF THE PARTIES AT THE HEARING.] The minor 
 56.22  and the minor's parent, guardian, or custodian are entitled to 
 56.23  be heard, to present evidence material to the case, and to cross 
 56.24  examine witnesses appearing at the hearing.  [260.155, subd. 6] 
 56.25     Subd. 10.  [WAIVER.] (a) Waiver of any right which a child 
 56.26  has under this chapter must be an express waiver voluntarily and 
 56.27  intelligently made by the child after the child has been fully 
 56.28  and effectively informed of the right being waived.  If a child 
 56.29  is not represented by counsel, any waiver must be given or any 
 56.30  objection must be offered by the child's guardian ad litem. 
 56.31     (b) Waiver of a child's right to be represented by counsel 
 56.32  provided under the juvenile court rules must be an express 
 56.33  waiver voluntarily and intelligently made by the child after the 
 56.34  child has been fully and effectively informed of the right being 
 56.35  waived.  In determining whether a child has voluntarily and 
 56.36  intelligently waived the right to counsel, the court shall look 
 57.1   to the totality of the circumstances which includes but is not 
 57.2   limited to the child's age, maturity, intelligence, education, 
 57.3   experience, and ability to comprehend, and the presence and 
 57.4   competence of the child's parents, guardian, or guardian ad 
 57.5   litem.  If the court accepts the child's waiver, it shall state 
 57.6   on the record the findings and conclusions that form the basis 
 57.7   for its decision to accept the waiver.  [260.155, subd. 8] 
 57.8      Sec. 21.  [260B.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 
 57.9   ACT.] 
 57.10     The provisions of this chapter must be construed 
 57.11  consistently with the Indian Child Welfare Act of 1978, United 
 57.12  States Code, title 25, sections 1901 to 1963.  [260.157] 
 57.13     Sec. 22.  [260B.171] [RECORDS.] 
 57.14     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 57.15  juvenile court judge shall keep such minutes and in such manner 
 57.16  as the court deems necessary and proper.  Except as provided in 
 57.17  paragraph (b), the court shall keep and maintain records 
 57.18  pertaining to delinquent adjudications until the person reaches 
 57.19  the age of 28 years and shall release the records on an 
 57.20  individual to another juvenile court that has jurisdiction of 
 57.21  the juvenile, to a requesting adult court for purposes of 
 57.22  sentencing, or to an adult court or juvenile court as required 
 57.23  by the right of confrontation of either the United States 
 57.24  Constitution or the Minnesota Constitution.  The juvenile court 
 57.25  shall provide, upon the request of any other juvenile court, 
 57.26  copies of the records concerning adjudications involving the 
 57.27  particular child.  The court also may provide copies of records 
 57.28  concerning delinquency adjudications, on request, to law 
 57.29  enforcement agencies, probation officers, and corrections agents 
 57.30  if the court finds that providing these records serves public 
 57.31  safety or is in the best interests of the child.  Until July 1, 
 57.32  1999, juvenile court delinquency proceeding records of 
 57.33  adjudications, court transcripts, and delinquency petitions, 
 57.34  including any probable cause attachments that have been filed or 
 57.35  police officer reports relating to a petition, must be released 
 57.36  to requesting law enforcement agencies and prosecuting 
 58.1   authorities for purposes of investigating and prosecuting 
 58.2   violations of section 609.229, provided that psychological or 
 58.3   mental health reports may not be included with those records.  
 58.4   The records have the same data classification in the hands of 
 58.5   the agency receiving them as they had in the hands of the court. 
 58.6      The court shall also keep an index in which files 
 58.7   pertaining to juvenile matters shall be indexed under the name 
 58.8   of the child.  After the name of each file shall be shown the 
 58.9   file number and, if ordered by the court, the book and page of 
 58.10  the register in which the documents pertaining to such file are 
 58.11  listed.  The court shall also keep a register properly indexed 
 58.12  in which shall be listed under the name of the child all 
 58.13  documents filed pertaining to the child and in the order filed.  
 58.14  The list shall show the name of the document and the date of 
 58.15  filing thereof.  The juvenile court legal records shall be 
 58.16  deposited in files and shall include the petition, summons, 
 58.17  notice, findings, orders, decrees, judgments, and motions and 
 58.18  such other matters as the court deems necessary and proper.  
 58.19  Unless otherwise provided by law, all court records shall be 
 58.20  open at all reasonable times to the inspection of any child to 
 58.21  whom the records relate, and to the child's parent and guardian. 
 58.22     (b) The court shall retain records of the court finding 
 58.23  that a juvenile committed an act that would be a felony or gross 
 58.24  misdemeanor level offense until the offender reaches the age of 
 58.25  28.  If the offender commits a felony as an adult, or the court 
 58.26  convicts a child as an extended jurisdiction juvenile, the court 
 58.27  shall retain the juvenile records for as long as the records 
 58.28  would have been retained if the offender had been an adult at 
 58.29  the time of the juvenile offense.  This paragraph does not apply 
 58.30  unless the juvenile was provided counsel as required by section 
 58.31  260B.163, subdivision 4.  [260.161, subd. 1] 
 58.32     Subd. 2.  [RECORD OF FINDINGS.] (a) The juvenile court 
 58.33  shall forward to the bureau of criminal apprehension the 
 58.34  following data in juvenile petitions involving felony- or gross 
 58.35  misdemeanor-level offenses: 
 58.36     (1) the name and birthdate of the juvenile, including any 
 59.1   of the juvenile's known aliases or street names; 
 59.2      (2) the act for which the juvenile was petitioned and date 
 59.3   of the offense; and 
 59.4      (3) the date and county where the petition was filed. 
 59.5      (b) Upon completion of the court proceedings, the court 
 59.6   shall forward the court's finding and case disposition to the 
 59.7   bureau.  The court shall specify whether: 
 59.8      (1) the juvenile was referred to a diversion program; 
 59.9      (2) the petition was dismissed, continued for dismissal, or 
 59.10  continued without adjudication; or 
 59.11     (3) the juvenile was adjudicated delinquent. 
 59.12     (c) The juvenile court shall forward to the bureau, the 
 59.13  sentencing guidelines commission, and the department of 
 59.14  corrections the following data on individuals convicted as 
 59.15  extended jurisdiction juveniles: 
 59.16     (1) the name and birthdate of the offender, including any 
 59.17  of the juvenile's known aliases or street names; 
 59.18     (2) the crime committed by the offender and the date of the 
 59.19  crime; 
 59.20     (3) the date and county of the conviction; and 
 59.21     (4) the case disposition. 
 59.22     The court shall notify the bureau, the sentencing 
 59.23  guidelines commission, and the department of corrections 
 59.24  whenever it executes an extended jurisdiction juvenile's adult 
 59.25  sentence under section 260B.130, subdivision 5. 
 59.26     (d) The bureau, sentencing guidelines commission, and the 
 59.27  department of corrections shall retain the extended jurisdiction 
 59.28  juvenile data for as long as the data would have been retained 
 59.29  if the offender had been an adult at the time of the offense.  
 59.30  Data retained on individuals under this subdivision are private 
 59.31  data under section 13.02, except that extended jurisdiction 
 59.32  juvenile data becomes public data under section 13.87, 
 59.33  subdivision 2, when the juvenile court notifies the bureau that 
 59.34  the individual's adult sentence has been executed under section 
 59.35  260B.130, subdivision 5.  [260.161, subd. 1a] 
 59.36     Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
 60.1   juvenile is enrolled in school, the juvenile's probation officer 
 60.2   shall transmit a copy of the court's disposition order to the 
 60.3   principal or chief administrative officer of the juvenile's 
 60.4   school if the juvenile has been adjudicated delinquent for 
 60.5   committing an act on the school's property or an act: 
 60.6      (1) that would be a violation of section 609.185 
 60.7   (first-degree murder); 609.19 (second-degree murder); 609.195 
 60.8   (third-degree murder); 609.20 (first-degree manslaughter); 
 60.9   609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
 60.10  homicide and injury); 609.221 (first-degree assault); 609.222 
 60.11  (second-degree assault); 609.223 (third-degree assault); 
 60.12  609.2231 (fourth-degree assault); 609.224 (fifth-degree 
 60.13  assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
 60.14  609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 60.15  (false imprisonment); 609.342 (first-degree criminal sexual 
 60.16  conduct); 609.343 (second-degree criminal sexual conduct); 
 60.17  609.344 (third-degree criminal sexual conduct); 609.345 
 60.18  (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
 60.19  criminal sexual conduct); 609.498 (tampering with a witness); 
 60.20  609.561 (first-degree arson); 609.582, subdivision 1 or 2 
 60.21  (burglary); 609.713 (terroristic threats); or 609.749 
 60.22  (harassment and stalking), if committed by an adult; 
 60.23     (2) that would be a violation of section 152.021 
 60.24  (first-degree controlled substance crime); 152.022 
 60.25  (second-degree controlled substance crime); 152.023 
 60.26  (third-degree controlled substance crime); 152.024 
 60.27  (fourth-degree controlled substance crime); 152.025 
 60.28  (fifth-degree controlled substance crime); 152.0261 (importing a 
 60.29  controlled substance); or 152.027 (other controlled substance 
 60.30  offenses), if committed by an adult; or 
 60.31     (3) that involved the possession or use of a dangerous 
 60.32  weapon as defined in section 609.02, subdivision 6. 
 60.33     When a disposition order is transmitted under this 
 60.34  paragraph, the probation officer shall notify the juvenile's 
 60.35  parent or legal guardian that the disposition order has been 
 60.36  shared with the juvenile's school. 
 61.1      (b) The disposition order must be accompanied by a notice 
 61.2   to the school that the school may obtain additional information 
 61.3   from the juvenile's probation officer with the consent of the 
 61.4   juvenile or the juvenile's parents, as applicable.  The 
 61.5   disposition order must be maintained in the student's permanent 
 61.6   education record but may not be released outside of the school 
 61.7   district or educational entity, other than to another school 
 61.8   district or educational entity to which the juvenile is 
 61.9   transferring.  Notwithstanding section 138.17, the disposition 
 61.10  order must be destroyed when the juvenile graduates from the 
 61.11  school or at the end of the academic year when the juvenile 
 61.12  reaches age 23, whichever date is earlier. 
 61.13     (c) The juvenile's probation officer shall maintain a 
 61.14  record of disposition orders released under this subdivision and 
 61.15  the basis for the release. 
 61.16     (d) The criminal and juvenile justice information policy 
 61.17  group, in consultation with representatives of probation 
 61.18  officers and educators, shall prepare standard forms for use by 
 61.19  juvenile probation officers in forwarding information to schools 
 61.20  under this subdivision and in maintaining a record of the 
 61.21  information that is released.  
 61.22     (e) As used in this subdivision, "school" means a public or 
 61.23  private elementary, middle, or secondary school.  [260.161, 
 61.24  subd. 1b] 
 61.25     Subd. 4.  [PUBLIC INSPECTION OF RECORDS.] Except as 
 61.26  otherwise provided in this section, and except for legal records 
 61.27  arising from proceedings or portions of proceedings that are 
 61.28  public under section 260B.163, subdivision 1, none of the 
 61.29  records of the juvenile court and none of the records relating 
 61.30  to an appeal from a nonpublic juvenile court proceeding, except 
 61.31  the written appellate opinion, shall be open to public 
 61.32  inspection or their contents disclosed except (a) by order of a 
 61.33  court, (b) as required by sections 245A.04, 611A.03, 611A.04, 
 61.34  611A.06, and 629.73, or (c) the name of a juvenile who is the 
 61.35  subject of a delinquency petition shall be released to the 
 61.36  victim of the alleged delinquent act upon the victim's request; 
 62.1   unless it reasonably appears that the request is prompted by a 
 62.2   desire on the part of the requester to engage in unlawful 
 62.3   activities.  The records of juvenile probation officers and 
 62.4   county home schools are records of the court for the purposes of 
 62.5   this subdivision.  Court services data relating to delinquent 
 62.6   acts that are contained in records of the juvenile court may be 
 62.7   released as allowed under section 13.84, subdivision 5a.  This 
 62.8   subdivision applies to all proceedings under this chapter, 
 62.9   including appeals from orders of the juvenile court, except that 
 62.10  this subdivision does not apply to proceedings under section 
 62.11  260B.335, 260B.401, or 260B.425 when the proceeding involves an 
 62.12  adult defendant.  In juvenile court proceedings any report or 
 62.13  social history furnished to the court shall be open to 
 62.14  inspection by the attorneys of record and the guardian ad litem 
 62.15  a reasonable time before it is used in connection with any 
 62.16  proceeding before the court. 
 62.17     When a judge of a juvenile court, or duly authorized agent 
 62.18  of the court, determines under a proceeding under this chapter 
 62.19  that a child has violated a state or local law, ordinance, or 
 62.20  regulation pertaining to the operation of a motor vehicle on 
 62.21  streets and highways, except parking violations, the judge or 
 62.22  agent shall immediately report the violation to the commissioner 
 62.23  of public safety.  The report must be made on a form provided by 
 62.24  the department of public safety and must contain the information 
 62.25  required under section 169.95.  [260.161, subd. 2 (omitting 
 62.26  child protection-related text)] 
 62.27     Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 62.28  for records relating to an offense where proceedings are public 
 62.29  under section 260B.163, subdivision 1, peace officers' records 
 62.30  of children who are or may be delinquent or who may be engaged 
 62.31  in criminal acts shall be kept separate from records of persons 
 62.32  18 years of age or older and are private data but shall be 
 62.33  disseminated:  (1) by order of the juvenile court, (2) as 
 62.34  required by section 126.036, (3) as authorized under section 
 62.35  13.82, subdivision 2, (4) to the child or the child's parent or 
 62.36  guardian unless disclosure of a record would interfere with an 
 63.1   ongoing investigation, (5) to the Minnesota crime victims 
 63.2   reparations board as required by section 611A.56, subdivision 2, 
 63.3   clause (f), for the purpose of processing claims for crime 
 63.4   victims reparations, or (6) as otherwise provided in this 
 63.5   subdivision.  Except as provided in paragraph (c), no 
 63.6   photographs of a child taken into custody may be taken without 
 63.7   the consent of the juvenile court unless the child is alleged to 
 63.8   have violated section 169.121 or 169.129.  Peace officers' 
 63.9   records containing data about children who are victims of crimes 
 63.10  or witnesses to crimes must be administered consistent with 
 63.11  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 63.12  violating any of the provisions of this subdivision shall be 
 63.13  guilty of a misdemeanor. 
 63.14     In the case of computerized records maintained about 
 63.15  juveniles by peace officers, the requirement of this subdivision 
 63.16  that records about juveniles must be kept separate from adult 
 63.17  records does not mean that a law enforcement agency must keep 
 63.18  its records concerning juveniles on a separate computer system.  
 63.19  Law enforcement agencies may keep juvenile records on the same 
 63.20  computer as adult records and may use a common index to access 
 63.21  both juvenile and adult records so long as the agency has in 
 63.22  place procedures that keep juvenile records in a separate place 
 63.23  in computer storage and that comply with the special data 
 63.24  retention and other requirements associated with protecting data 
 63.25  on juveniles. 
 63.26     (b) Nothing in this subdivision prohibits the exchange of 
 63.27  information by law enforcement agencies if the exchanged 
 63.28  information is pertinent and necessary for law enforcement 
 63.29  purposes. 
 63.30     (c) A photograph may be taken of a child taken into custody 
 63.31  pursuant to section 260B.175, subdivision 1, clause (b), 
 63.32  provided that the photograph must be destroyed when the child 
 63.33  reaches the age of 19 years.  The commissioner of corrections 
 63.34  may photograph juveniles whose legal custody is transferred to 
 63.35  the commissioner.  Photographs of juveniles authorized by this 
 63.36  paragraph may be used only for institution management purposes, 
 64.1   case supervision by parole agents, and to assist law enforcement 
 64.2   agencies to apprehend juvenile offenders.  The commissioner 
 64.3   shall maintain photographs of juveniles in the same manner as 
 64.4   juvenile court records and names under this section. 
 64.5      (d) Traffic investigation reports are open to inspection by 
 64.6   a person who has sustained physical harm or economic loss as a 
 64.7   result of the traffic accident.  Identifying information on 
 64.8   juveniles who are parties to traffic accidents may be disclosed 
 64.9   as authorized under section 13.82, subdivision 4, and accident 
 64.10  reports required under section 169.09 may be released under 
 64.11  section 169.09, subdivision 13, unless the information would 
 64.12  identify a juvenile who was taken into custody or who is 
 64.13  suspected of committing an offense that would be a crime if 
 64.14  committed by an adult, or would associate a juvenile with the 
 64.15  offense, and the offense is not an adult court traffic offense 
 64.16  under section 260B.225. 
 64.17     (e) A law enforcement agency shall notify the principal or 
 64.18  chief administrative officer of a juvenile's school of an 
 64.19  incident occurring within the agency's jurisdiction if: 
 64.20     (1) the agency has probable cause to believe that the 
 64.21  juvenile has committed an offense that would be a crime if 
 64.22  committed as an adult, that the victim of the offense is a 
 64.23  student or staff member of the school, and that notice to the 
 64.24  school is reasonably necessary for the protection of the victim; 
 64.25  or 
 64.26     (2) the agency has probable cause to believe that the 
 64.27  juvenile has committed an offense described in subdivision 1b, 
 64.28  paragraph (a), clauses (1) to (3), that would be a crime if 
 64.29  committed by an adult, regardless of whether the victim is a 
 64.30  student or staff member of the school. 
 64.31     A law enforcement agency is not required to notify the 
 64.32  school under this paragraph if the agency determines that notice 
 64.33  would jeopardize an ongoing investigation.  Notwithstanding 
 64.34  section 138.17, data from a notice received from a law 
 64.35  enforcement agency under this paragraph must be destroyed when 
 64.36  the juvenile graduates from the school or at the end of the 
 65.1   academic year when the juvenile reaches age 23, whichever date 
 65.2   is earlier.  For purposes of this paragraph, "school" means a 
 65.3   public or private elementary, middle, or secondary school. 
 65.4      (f) In any county in which the county attorney operates or 
 65.5   authorizes the operation of a juvenile prepetition or pretrial 
 65.6   diversion program, a law enforcement agency or county attorney's 
 65.7   office may provide the juvenile diversion program with data 
 65.8   concerning a juvenile who is a participant in or is being 
 65.9   considered for participation in the program. 
 65.10     (g) Upon request of a local social service agency, peace 
 65.11  officer records of children who are or may be delinquent or who 
 65.12  may be engaged in criminal acts may be disseminated to the 
 65.13  agency to promote the best interests of the subject of the data. 
 65.14     (h) Upon written request, the prosecuting authority shall 
 65.15  release investigative data collected by a law enforcement agency 
 65.16  to the victim of a criminal act or alleged criminal act or to 
 65.17  the victim's legal representative, except as otherwise provided 
 65.18  by this paragraph.  Data shall not be released if: 
 65.19     (1) the release to the individual subject of the data would 
 65.20  be prohibited under section 13.391; or 
 65.21     (2) the prosecuting authority reasonably believes: 
 65.22     (i) that the release of that data will interfere with the 
 65.23  investigation; or 
 65.24     (ii) that the request is prompted by a desire on the part 
 65.25  of the requester to engage in unlawful activities.  [260.161, 
 65.26  subd. 3] 
 65.27     Subd. 6.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
 65.28  representing a child, parent, or guardian ad litem in a 
 65.29  proceeding under this chapter shall be given access to records, 
 65.30  local social service agency files, and reports which form the 
 65.31  basis of any recommendation made to the court.  An attorney does 
 65.32  not have access under this subdivision to the identity of a 
 65.33  person who made a report under section 626.556.  The court may 
 65.34  issue protective orders to prohibit an attorney from sharing a 
 65.35  specified record or portion of a record with a client other than 
 65.36  a guardian ad litem.  [260.161, subd. 3a] 
 66.1      Subd. 7.  [COURT RECORD RELEASED TO PROSECUTOR.] If a 
 66.2   prosecutor has probable cause to believe that a person has 
 66.3   committed a gross misdemeanor violation of section 169.121 or 
 66.4   has violated section 169.129, and that a prior juvenile court 
 66.5   adjudication forms, in part, the basis for the current 
 66.6   violation, the prosecutor may file an application with the court 
 66.7   having jurisdiction over the criminal matter attesting to this 
 66.8   probable cause determination and seeking the relevant juvenile 
 66.9   court records.  The court shall transfer the application to the 
 66.10  juvenile court where the requested records are maintained, and 
 66.11  the juvenile court shall release to the prosecutor any records 
 66.12  relating to the person's prior juvenile traffic adjudication, 
 66.13  including a transcript, if any, of the court's advisory of the 
 66.14  right to counsel and the person's exercise or waiver of that 
 66.15  right.  [260.161, subd. 4] 
 66.16     Subd. 8.  [FURTHER RELEASE OF RECORDS.] A person who 
 66.17  receives access to juvenile court or peace officer records of 
 66.18  children that are not accessible to the public may not release 
 66.19  or disclose the records to any other person except as authorized 
 66.20  by law.  This subdivision does not apply to the child who is the 
 66.21  subject of the records or the child's parent or guardian.  
 66.22  [260.161, subd. 5] 
 66.23     Sec. 23.  [260B.175] [TAKING CHILD INTO CUSTODY.] 
 66.24     Subdivision 1.  [IMMEDIATE CUSTODY.] No child may be taken 
 66.25  into immediate custody except: 
 66.26     (a) With an order issued by the court in accordance with 
 66.27  the provisions of section 260B.151, subdivision 5, or Laws 1997, 
 66.28  chapter 239, article 10, section 10, paragraph (a), clause (3), 
 66.29  or 12, paragraph (a), clause (3), or by a warrant issued in 
 66.30  accordance with the provisions of section 260B.154; or 
 66.31     (b) In accordance with the laws relating to arrests; or 
 66.32     (c) By a peace officer or probation or parole officer when 
 66.33  it is reasonably believed that the child has violated the terms 
 66.34  of probation, parole, or other field supervision.  [260.165, 
 66.35  subd. 1 (omitting child protection-related text)] 
 66.36     Subd. 2.  [NOT AN ARREST.] The taking of a child into 
 67.1   custody under the provisions of this section shall not be 
 67.2   considered an arrest.  [260.165, subd. 2] 
 67.3      Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
 67.4   officer takes a child into custody for shelter care or relative 
 67.5   placement pursuant to subdivision 1 or section 260B.154, the 
 67.6   officer shall notify the parent or custodian that under section 
 67.7   260B.181, subdivision 2, the parent or custodian may request 
 67.8   that the child be placed with a relative or a designated 
 67.9   caregiver under chapter 257A instead of in a shelter care 
 67.10  facility.  The officer also shall give the parent or custodian 
 67.11  of the child a list of names, addresses, and telephone numbers 
 67.12  of social service agencies that offer child welfare services.  
 67.13  If the parent or custodian was not present when the child was 
 67.14  removed from the residence, the list shall be left with an adult 
 67.15  on the premises or left in a conspicuous place on the premises 
 67.16  if no adult is present.  If the officer has reason to believe 
 67.17  the parent or custodian is not able to read and understand 
 67.18  English, the officer must provide a list that is written in the 
 67.19  language of the parent or custodian.  The list shall be prepared 
 67.20  by the commissioner of human services.  The commissioner shall 
 67.21  prepare lists for each county and provide each county with 
 67.22  copies of the list without charge.  The list shall be reviewed 
 67.23  annually by the commissioner and updated if it is no longer 
 67.24  accurate.  Neither the commissioner nor any peace officer or the 
 67.25  officer's employer shall be liable to any person for mistakes or 
 67.26  omissions in the list.  The list does not constitute a promise 
 67.27  that any agency listed will in fact assist the parent or 
 67.28  custodian.  [260.165, subd. 3 (omitting child protection-related 
 67.29  text)] 
 67.30     Sec. 24.  [260B.176] [RELEASE OR DETENTION.] 
 67.31     Subdivision 1.  [NOTIFICATION; RELEASE.] If a child is 
 67.32  taken into custody as provided in section 260B.175, the parent, 
 67.33  guardian, or custodian of the child shall be notified as soon as 
 67.34  possible.  Unless there is reason to believe that the child 
 67.35  would endanger self or others, not return for a court hearing, 
 67.36  run away from the child's parent, guardian, or custodian or 
 68.1   otherwise not remain in the care or control of the person to 
 68.2   whose lawful custody the child is released, or that the child's 
 68.3   health or welfare would be immediately endangered, the child 
 68.4   shall be released to the custody of a parent, guardian, 
 68.5   custodian, or other suitable person.  The person to whom the 
 68.6   child is released shall promise to bring the child to the court, 
 68.7   if necessary, at the time the court may direct.  If the person 
 68.8   taking the child into custody believes it desirable, that person 
 68.9   may request the parent, guardian, custodian, or other person 
 68.10  designated by the court to sign a written promise to bring the 
 68.11  child to court as provided above.  The intentional violation of 
 68.12  such a promise, whether given orally or in writing, shall be 
 68.13  punishable as contempt of court. 
 68.14     The court may require the parent, guardian, custodian, or 
 68.15  other person to whom the child is released, to post any 
 68.16  reasonable bail or bond required by the court which shall be 
 68.17  forfeited to the court if the child does not appear as 
 68.18  directed.  The court may also release the child on the child's 
 68.19  own promise to appear in juvenile court.  [260.171, subd. 1 
 68.20  (omitting child protection-related text)] 
 68.21     Subd. 2.  [REASONS FOR DETENTION.] (a) If the child is not 
 68.22  released as provided in subdivision 1, the person taking the 
 68.23  child into custody shall notify the court as soon as possible of 
 68.24  the detention of the child and the reasons for detention.  
 68.25     (b) No child may be detained in a juvenile secure detention 
 68.26  facility or shelter care facility longer than 36 hours, 
 68.27  excluding Saturdays, Sundays, and holidays, after being taken 
 68.28  into custody for a delinquent act as defined in section 
 68.29  260B.007, subdivision 6, unless a petition has been filed and 
 68.30  the judge or referee determines pursuant to section 260B.178 
 68.31  that the child shall remain in detention.  
 68.32     (c) No child may be detained in an adult jail or municipal 
 68.33  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 68.34  holidays, or longer than six hours in an adult jail or municipal 
 68.35  lockup in a standard metropolitan statistical area, after being 
 68.36  taken into custody for a delinquent act as defined in section 
 69.1   260B.007, subdivision 6, unless: 
 69.2      (1) a petition has been filed under section 260B.141; and 
 69.3      (2) a judge or referee has determined under section 
 69.4   260B.178 that the child shall remain in detention. 
 69.5      After August 1, 1991, no child described in this paragraph 
 69.6   may be detained in an adult jail or municipal lockup longer than 
 69.7   24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 69.8   than six hours in an adult jail or municipal lockup in a 
 69.9   standard metropolitan statistical area, unless the requirements 
 69.10  of this paragraph have been met and, in addition, a motion to 
 69.11  refer the child for adult prosecution has been made under 
 69.12  section 260B.125.  Notwithstanding this paragraph, continued 
 69.13  detention of a child in an adult detention facility outside of a 
 69.14  standard metropolitan statistical area county is permissible if: 
 69.15     (i) the facility in which the child is detained is located 
 69.16  where conditions of distance to be traveled or other ground 
 69.17  transportation do not allow for court appearances within 24 
 69.18  hours.  A delay not to exceed 48 hours may be made under this 
 69.19  clause; or 
 69.20     (ii) the facility is located where conditions of safety 
 69.21  exist.  Time for an appearance may be delayed until 24 hours 
 69.22  after the time that conditions allow for reasonably safe 
 69.23  travel.  "Conditions of safety" include adverse life-threatening 
 69.24  weather conditions that do not allow for reasonably safe travel. 
 69.25     The continued detention of a child under clause (i) or (ii) 
 69.26  must be reported to the commissioner of corrections. 
 69.27     (d) If a child described in paragraph (c) is to be detained 
 69.28  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 69.29  holidays, the judge or referee, in accordance with rules and 
 69.30  procedures established by the commissioner of corrections, shall 
 69.31  notify the commissioner of the place of the detention and the 
 69.32  reasons therefor.  The commissioner shall thereupon assist the 
 69.33  court in the relocation of the child in an appropriate juvenile 
 69.34  secure detention facility or approved jail within the county or 
 69.35  elsewhere in the state, or in determining suitable 
 69.36  alternatives.  The commissioner shall direct that a child 
 70.1   detained in a jail be detained after eight days from and 
 70.2   including the date of the original detention order in an 
 70.3   approved juvenile secure detention facility with the approval of 
 70.4   the administrative authority of the facility.  If the court 
 70.5   refers the matter to the prosecuting authority pursuant to 
 70.6   section 260B.125, notice to the commissioner shall not be 
 70.7   required.  [260.171, subd. 2 (omitting child protection-related 
 70.8   text)] 
 70.9      Subd. 3.  [SHELTER CARE FACILITY; SECURE DETENTION 
 70.10  FACILITY.] If the person who has taken the child into custody 
 70.11  determines that the child should be placed in a secure detention 
 70.12  facility or a shelter care facility, that person shall advise 
 70.13  the child and as soon as is possible, the child's parent, 
 70.14  guardian, or custodian: 
 70.15     (a) of the reasons why the child has been taken into 
 70.16  custody and why the child is being placed in a juvenile secure 
 70.17  detention facility or a shelter care facility; and 
 70.18     (b) of the location of the juvenile secure detention 
 70.19  facility or shelter care facility.  If there is reason to 
 70.20  believe that disclosure of the location of the shelter care 
 70.21  facility would place the child's health and welfare in immediate 
 70.22  endangerment, disclosure of the location of the shelter care 
 70.23  facility shall not be made; and 
 70.24     (c) that the child's parent, guardian, or custodian and 
 70.25  attorney or guardian ad litem may make an initial visit to the 
 70.26  secure detention facility or shelter care facility at any time.  
 70.27  Subsequent visits by a parent, guardian, or custodian may be 
 70.28  made on a reasonable basis during visiting hours and by the 
 70.29  child's attorney or guardian ad litem at reasonable hours; and 
 70.30     (d) that the child may telephone parents and an attorney or 
 70.31  guardian ad litem from the juvenile secure detention facility or 
 70.32  shelter care facility immediately after being admitted to the 
 70.33  facility and thereafter on a reasonable basis to be determined 
 70.34  by the director of the facility; and 
 70.35     (e) that the child may not be detained for acts as defined 
 70.36  in section 260B.007, subdivision 6, at a juvenile secure 
 71.1   detention facility or shelter care facility longer than 36 
 71.2   hours, excluding Saturdays, Sundays, and holidays, unless a 
 71.3   petition has been filed within that time and the court orders 
 71.4   the child's continued detention, pursuant to section 260B.178; 
 71.5   and 
 71.6      (f) that the child may not be detained for acts defined in 
 71.7   section 260B.007, subdivision 6, at an adult jail or municipal 
 71.8   lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 71.9   holidays, or longer than six hours if the adult jail or 
 71.10  municipal lockup is in a standard metropolitan statistical area, 
 71.11  unless a petition has been filed and the court orders the 
 71.12  child's continued detention under section 260B.178; and 
 71.13     (g) of the date, time, and place of the detention hearing, 
 71.14  if this information is available to the person who has taken the 
 71.15  child into custody; and 
 71.16     (h) that the child and the child's parent, guardian, or 
 71.17  custodian have the right to be present and to be represented by 
 71.18  counsel at the detention hearing, and that if they cannot afford 
 71.19  counsel, counsel will be appointed at public expense for the 
 71.20  child, if it is a delinquency matter. 
 71.21     After August 1, 1991, the child's parent, guardian, or 
 71.22  custodian shall also be informed under clause (f) that the child 
 71.23  may not be detained in an adult jail or municipal lockup longer 
 71.24  than 24 hours, excluding Saturdays, Sundays, and holidays, or 
 71.25  longer than six hours if the adult jail or municipal lockup is 
 71.26  in a standard metropolitan statistical area, unless a motion to 
 71.27  refer the child for adult prosecution has been made within that 
 71.28  time period.  [260.171, subd. 4 (omitting child 
 71.29  protection-related text)] 
 71.30     Subd. 4.  [TRANSPORTATION.] If a child is to be detained in 
 71.31  a secure detention facility or shelter care facility, the child 
 71.32  shall be promptly transported to the facility in a manner 
 71.33  approved by the facility or by securing a written transportation 
 71.34  order from the court authorizing transportation by the sheriff 
 71.35  or other qualified person.  The person who has determined that 
 71.36  the child should be detained shall deliver to the court and the 
 72.1   supervisor of the secure detention facility or shelter care 
 72.2   facility where the child is placed, a signed report, setting 
 72.3   forth: 
 72.4      (a) the time the child was taken into custody; and 
 72.5      (b) the time the child was delivered for transportation to 
 72.6   the secure detention facility or shelter care facility; and 
 72.7      (c) the reasons why the child was taken into custody; and 
 72.8      (d) the reasons why the child has been placed in detention; 
 72.9   and 
 72.10     (e) a statement that the child and the child's parent have 
 72.11  received the notification required by subdivision 3 or the 
 72.12  reasons why they have not been so notified; and 
 72.13     (f) any instructions required by subdivision 5.  [260.171, 
 72.14  subd. 5] 
 72.15     Subd. 5.  [SHELTER CARE; NOTICE TO PARENT.] When a child is 
 72.16  to be placed in a shelter care facility the person taking the 
 72.17  child into custody or the court shall determine whether or not 
 72.18  there is reason to believe that disclosure of the shelter care 
 72.19  facility's location to the child's parent, guardian, or 
 72.20  custodian would immediately endanger the health and welfare of 
 72.21  the child.  If there is reason to believe that the child's 
 72.22  health and welfare would be immediately endangered, disclosure 
 72.23  of the location shall not be made.  This determination shall be 
 72.24  included in the report required by subdivision 4, along with 
 72.25  instructions to the shelter care facility to notify or withhold 
 72.26  notification.  [260.171, subd. 5a] 
 72.27     Subd. 6.  [REPORT.] (a) When a child has been delivered to 
 72.28  a secure detention facility, the supervisor of the facility 
 72.29  shall deliver to the court a signed report acknowledging receipt 
 72.30  of the child stating the time of the child's arrival.  The 
 72.31  supervisor of the facility shall ascertain from the report of 
 72.32  the person who has taken the child into custody whether the 
 72.33  child and a parent, guardian, or custodian have received the 
 72.34  notification required by subdivision 3.  If the child or a 
 72.35  parent, guardian or custodian, or both, have not been so 
 72.36  notified, the supervisor of the facility shall immediately make 
 73.1   the notification, and shall include in the report to the court a 
 73.2   statement that notification has been received or the reasons why 
 73.3   it has not. 
 73.4      (b) When a child has been delivered to a shelter care 
 73.5   facility, the supervisor of the facility shall deliver to the 
 73.6   court a signed report acknowledging receipt of the child stating 
 73.7   the time of the child's arrival.  The supervisor of the facility 
 73.8   shall ascertain from the report of the person who has taken the 
 73.9   child into custody whether the child's parent, guardian or 
 73.10  custodian has been notified of the placement of the child at the 
 73.11  shelter care facility and its location, and the supervisor shall 
 73.12  follow any instructions concerning notification contained in 
 73.13  that report.  [260.171, subd. 6] 
 73.14     Sec. 25.  [260B.178] [DETENTION HEARING.] 
 73.15     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) The 
 73.16  court shall hold a detention hearing: 
 73.17     (1) within 36 hours of the time the child was taken into 
 73.18  custody, excluding Saturdays, Sundays, and holidays, if the 
 73.19  child is being held at a juvenile secure detention facility or 
 73.20  shelter care facility; or 
 73.21     (2) within 24 hours of the time the child was taken into 
 73.22  custody, excluding Saturdays, Sundays, and holidays, if the 
 73.23  child is being held at an adult jail or municipal lockup.  
 73.24     (b) Unless there is reason to believe that the child would 
 73.25  endanger self or others, not return for a court hearing, run 
 73.26  away from the child's parent, guardian, or custodian or 
 73.27  otherwise not remain in the care or control of the person to 
 73.28  whose lawful custody the child is released, or that the child's 
 73.29  health or welfare would be immediately endangered, the child 
 73.30  shall be released to the custody of a parent, guardian, 
 73.31  custodian, or other suitable person, subject to reasonable 
 73.32  conditions of release including, but not limited to, a 
 73.33  requirement that the child undergo a chemical use assessment as 
 73.34  provided in section 260B.157, subdivision 1.  In determining 
 73.35  whether the child's health or welfare would be immediately 
 73.36  endangered, the court shall consider whether the child would 
 74.1   reside with a perpetrator of domestic child abuse.  [260.172, 
 74.2   subd. 1 (omitting child protection-related text)] 
 74.3      Subd. 2.  [CONTINUATION OF DETENTION.] If the court 
 74.4   determines that the child should continue in detention, it may 
 74.5   order detention continued for eight days, excluding Saturdays, 
 74.6   Sundays and holidays, from and including the date of the order.  
 74.7   Unless a motion to refer the child for adult prosecution is 
 74.8   pending, a child who has been detained in an adult jail or 
 74.9   municipal lockup and for whom continued detention is ordered, 
 74.10  must be transferred to a juvenile secure detention facility or 
 74.11  shelter care facility. The court shall include in its order the 
 74.12  reasons for continued detention and the findings of fact which 
 74.13  support these reasons.  [260.172, subd. 2] 
 74.14     Subd. 3.  [SERVICE OF ORDERS.] Copies of the court's order 
 74.15  shall be served upon the parties, including the supervisor of 
 74.16  the detention facility, who shall release the child or continue 
 74.17  to hold the child as the court orders. 
 74.18     When the court's order is served upon these parties, notice 
 74.19  shall also be given to the parties of the subsequent reviews 
 74.20  provided by subdivision 4.  The notice shall also inform each 
 74.21  party of the right to submit to the court for informal review 
 74.22  any new evidence regarding whether the child should be continued 
 74.23  in detention and to request a hearing to present the evidence to 
 74.24  the court.  [260.172, subd. 3] 
 74.25     Subd. 4.  [REVIEW OF CASE.] If a child held in detention 
 74.26  under a court order issued under subdivision 2 has not been 
 74.27  released prior to expiration of the order, the court or referee 
 74.28  shall informally review the child's case file to determine, 
 74.29  under the standards provided by subdivision 1, whether detention 
 74.30  should be continued.  If detention is continued thereafter, 
 74.31  informal reviews such as these shall be held within every eight 
 74.32  days, excluding Saturdays, Sundays and holidays, of the child's 
 74.33  detention. 
 74.34     A hearing, rather than an informal review of the child's 
 74.35  case file, shall be held at the request of any one of the 
 74.36  parties notified pursuant to subdivision 3, if that party 
 75.1   notifies the court of a wish to present to the court new 
 75.2   evidence concerning whether the child should be continued in 
 75.3   detention or notifies the court of a wish to present an 
 75.4   alternate placement arrangement to provide for the safety and 
 75.5   protection of the child.  [260.172, subd. 4 (omitting child 
 75.6   protection-related text)] 
 75.7      Sec. 26.  [260B.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 
 75.8   CARE FACILITY.] 
 75.9      Subdivision 1.  [TEMPORARY CUSTODY.] A child taken into 
 75.10  custody pursuant to section 260.165 may be detained for up to 24 
 75.11  hours in a shelter care facility, secure detention facility, or, 
 75.12  if there is no secure detention facility available for use by 
 75.13  the county having jurisdiction over the child, in a jail or 
 75.14  other facility for the confinement of adults who have been 
 75.15  charged with or convicted of a crime in quarters separate from 
 75.16  any adult confined in the facility which has been approved for 
 75.17  the detention of juveniles by the commissioner of corrections.  
 75.18  At the end of the 24 hour detention any child requiring further 
 75.19  detention may be detained only as provided in this section.  
 75.20  [260.173, subd. 1] 
 75.21     Subd. 2.  [LEAST RESTRICTIVE SETTING.] Notwithstanding the 
 75.22  provisions of subdivision 1, if the child had been taken into 
 75.23  custody pursuant to section 260B.175, subdivision 1, clause (a), 
 75.24  and is not alleged to be delinquent, the child shall be detained 
 75.25  in the least restrictive setting consistent with the child's 
 75.26  health and welfare and in closest proximity to the child's 
 75.27  family as possible.  Placement may be with a child's relative, a 
 75.28  designated caregiver under chapter 257A, or in a shelter care 
 75.29  facility.  The placing officer shall comply with this section 
 75.30  and shall document why a less restrictive setting will or will 
 75.31  not be in the best interests of the child for placement 
 75.32  purposes.  [260.173, subd. 2] 
 75.33     Subd. 3.  [PLACEMENT.] If the child had been taken into 
 75.34  custody and detained as one who is alleged to be delinquent or a 
 75.35  juvenile petty offender by reason of: 
 75.36     (a) Having committed an offense which would not constitute 
 76.1   a violation of a state law or local ordinance if the child were 
 76.2   an adult; or 
 76.3      (b) Having been previously adjudicated delinquent or a 
 76.4   juvenile petty offender, or conditionally released by the 
 76.5   juvenile court without adjudication, has violated probation, 
 76.6   parole, or other field supervision under which the child had 
 76.7   been placed as a result of behavior described in this 
 76.8   subdivision; the child may be placed only in a shelter care 
 76.9   facility.  [260.173, subd. 3 (omitting child protection-related 
 76.10  text)] 
 76.11     Subd. 4.  [DETENTION IN FACILITIES; TYPE; DURATION.] If a 
 76.12  child is taken into custody as one who: 
 76.13     (a) has allegedly committed an act which would constitute a 
 76.14  violation of a state law or a local ordinance if the child were 
 76.15  an adult; or 
 76.16     (b) is reasonably believed to have violated the terms of 
 76.17  probation, parole, or other field supervision under which the 
 76.18  child had been placed as a result of behavior described under 
 76.19  clause (a); 
 76.20  the child may be detained in a shelter care or secure juvenile 
 76.21  detention facility.  If the child cannot be detained in another 
 76.22  type of detention facility, and if there is no secure juvenile 
 76.23  detention facility or existing acceptable detention alternative 
 76.24  available for juveniles within the county, a child described in 
 76.25  this subdivision may be detained up to 24 hours, excluding 
 76.26  Saturdays, Sundays, and holidays, or up to six hours in a 
 76.27  standard metropolitan statistical area, in a jail, lockup or 
 76.28  other facility used for the confinement of adults who have been 
 76.29  charged with or convicted of a crime, in quarters separate from 
 76.30  any adult confined in the facility which has been approved for 
 76.31  the detention of juveniles by the commissioner of corrections.  
 76.32  If continued detention in an adult jail is approved by the court 
 76.33  under section 260B.178, subdivision 2, and there is no juvenile 
 76.34  secure detention facility available for use by the county having 
 76.35  jurisdiction over the child, such child may be detained for no 
 76.36  more than eight days from and including the date of the original 
 77.1   detention order in separate quarters in any jail or other adult 
 77.2   facility for the confinement of persons charged with or 
 77.3   convicted of crime which has been approved by the commissioner 
 77.4   of corrections to be suitable for the detention of juveniles for 
 77.5   up to eight days.  Except for children who have been referred 
 77.6   for prosecution pursuant to section 260B.125, and as hereinafter 
 77.7   provided, any child requiring secure detention for more than 
 77.8   eight days from and including the date of the original detention 
 77.9   order must be removed to an approved secure juvenile detention 
 77.10  facility.  A child 16 years of age or older against whom a 
 77.11  motion to refer for prosecution is pending before the court may 
 77.12  be detained for more than eight days in separate quarters in a 
 77.13  jail or other facility which has been approved by the 
 77.14  commissioner of corrections for the detention of juveniles for 
 77.15  up to eight days after a hearing and subject to the periodic 
 77.16  reviews provided in section 260B.178.  No child under the age of 
 77.17  14 may be detained in a jail, lockup or other facility used for 
 77.18  the confinement of adults who have been charged with or 
 77.19  convicted of a crime.  [260.173, subd. 4] 
 77.20     Subd. 5.  [STATE CORRECTIONAL INSTITUTION.] In order for a 
 77.21  child to be detained at a state correctional institution for 
 77.22  juveniles, the commissioner of corrections must first consent 
 77.23  thereto, and the county must agree to pay the costs of the 
 77.24  child's detention. 
 77.25     Where the commissioner directs that a child be detained in 
 77.26  an approved juvenile facility with the approval of the 
 77.27  administrative authority of the facility as provided in section 
 77.28  260B.176, subdivision 2, or subdivision 4 of this section, the 
 77.29  costs of such detention shall be a charge upon the county for 
 77.30  which the child is being detained.  [260.173, subd. 5] 
 77.31     Sec. 27.  [260B.185] [EXTENSION OF DETENTION PERIOD.] 
 77.32     Subdivision 1.  [DETENTION.] Before July 1, 1999, and 
 77.33  pursuant to a request from an eight-day temporary holdover 
 77.34  facility, as defined in section 241.0221, the commissioner of 
 77.35  corrections, or the commissioner's designee, may grant a 
 77.36  one-time extension per child to the eight-day limit on detention 
 78.1   under this chapter.  This extension may allow such a facility to 
 78.2   detain a child for up to 30 days including weekends and 
 78.3   holidays.  Upon the expiration of the extension, the child may 
 78.4   not be transferred to another eight-day temporary holdover 
 78.5   facility.  The commissioner shall develop criteria for granting 
 78.6   extensions under this section.  These criteria must ensure that 
 78.7   the child be transferred to a long-term juvenile detention 
 78.8   facility as soon as such a transfer is possible.  Nothing in 
 78.9   this section changes the requirements in section 260B.178 
 78.10  regarding the necessity of detention hearings to determine 
 78.11  whether continued detention of the child is proper.  [260.1735, 
 78.12  subd. 1] 
 78.13     Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
 78.14  48 hours may be made if the facility in which the child is 
 78.15  detained is located where conditions of distance to be traveled 
 78.16  or other ground transportation do not allow for court 
 78.17  appearances within 24 hours. 
 78.18     (b) A delay may be made if the facility is located where 
 78.19  conditions of safety exist.  Time for an appearance may be 
 78.20  delayed until 24 hours after the time that conditions allow for 
 78.21  reasonably safe travel.  "Conditions of safety" include adverse 
 78.22  life-threatening weather conditions that do not allow for 
 78.23  reasonably safe travel. 
 78.24     The continued detention of a child under paragraph (a) or 
 78.25  (b) must be reported to the commissioner of corrections.  
 78.26  [260.1735, subd. 2] 
 78.27     Sec. 28.  [260B.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 
 78.28  FOR MEDICAL CARE.] 
 78.29     Subdivision 1.  [MEDICAL AID.] If a child is taken into 
 78.30  custody as provided in section 260B.175 and detained in a local 
 78.31  juvenile secure detention facility or shelter care facility, or 
 78.32  if a child is sentenced by the juvenile court to a local 
 78.33  correctional facility as defined in section 241.021, subdivision 
 78.34  1, paragraph (5), the child's county of residence shall pay the 
 78.35  costs of medical services provided to the child during the 
 78.36  period of time the child is residing in the facility.  The 
 79.1   county of residence is entitled to reimbursement from the child 
 79.2   or the child's family for payment of medical bills to the extent 
 79.3   that the child or the child's family has the ability to pay for 
 79.4   the medical services.  If there is a disagreement between the 
 79.5   county and the child or the child's family concerning the 
 79.6   ability to pay or whether the medical services were necessary, 
 79.7   the court with jurisdiction over the child shall determine the 
 79.8   extent, if any, of the child's or the family's ability to pay 
 79.9   for the medical services or whether the services are necessary.  
 79.10  If the child is covered by health or medical insurance or a 
 79.11  health plan when medical services are provided, the county 
 79.12  paying the costs of medical services has a right of subrogation 
 79.13  to be reimbursed by the insurance carrier or health plan for all 
 79.14  amounts spent by it for medical services to the child that are 
 79.15  covered by the insurance policy or health plan, in accordance 
 79.16  with the benefits, limitations, exclusions, provider 
 79.17  restrictions, and other provisions of the policy or health 
 79.18  plan.  The county may maintain an action to enforce this 
 79.19  subrogation right.  The county does not have a right of 
 79.20  subrogation against the medical assistance program, the 
 79.21  MinnesotaCare program, or the general assistance medical care 
 79.22  program.  [260.174, subd. 1] 
 79.23     Subd. 2.  [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 
 79.24  its intake procedure for children, the official having custody 
 79.25  over the child shall ask the child or the child's family, as 
 79.26  appropriate, whether the child has health coverage.  If the 
 79.27  child has coverage under a policy of accident and health 
 79.28  insurance regulated under chapter 62A, a health maintenance 
 79.29  contract regulated under chapter 62D, a group subscriber 
 79.30  contract regulated under chapter 62C, a health benefit 
 79.31  certificate regulated under chapter 64B, a self-insured plan, or 
 79.32  other health coverage, the child or the child's family, as 
 79.33  appropriate, shall provide to the official having custody over 
 79.34  the child the name of the carrier or administrator and other 
 79.35  information and authorizations necessary for the official having 
 79.36  custody over the child to obtain specific information about 
 80.1   coverage.  [260.174, subd. 2] 
 80.2      Subd. 3.  [OBTAINING HEALTH CARE IN COMPLIANCE WITH 
 80.3   COVERAGE.] A county board may authorize the officials having 
 80.4   custody over children to fulfill the county board's obligation 
 80.5   to provide the medical aid required by subdivision 1 in 
 80.6   accordance with the terms of the health plan covering the child, 
 80.7   where possible, subject to any rules and exceptions provided by 
 80.8   the county board.  The official having custody over a child has 
 80.9   no obligation to the child or to the child's family to obtain 
 80.10  the child's health care in accordance with the child's health 
 80.11  coverage.  [260.174, subd. 3] 
 80.12     Subd. 4.  [SCOPE.] Subdivisions 1, 2, and 3 apply to any 
 80.13  medical aid, including dental care, provided to children held in 
 80.14  custody by the county as described in subdivision 1.  [260.174, 
 80.15  subd. 4] 
 80.16     Sec. 29.  [260B.193] [DISPOSITIONS; GENERAL PROVISIONS.] 
 80.17     Subdivision 1.  [DISMISSAL OF PETITION.] Whenever the court 
 80.18  finds that the minor is not within the jurisdiction of the court 
 80.19  or that the facts alleged in the petition have not been proved, 
 80.20  it shall dismiss the petition.  [260.181, subd. 1] 
 80.21     Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
 80.22  disposition in a case, or appointing a guardian for a child, the 
 80.23  court may consider any report or recommendation made by the 
 80.24  local social services agency, probation officer, licensed 
 80.25  child-placing agency, foster parent, guardian ad litem, tribal 
 80.26  representative, or other authorized advocate for the child or 
 80.27  child's family, a school district concerning the effect on 
 80.28  student transportation of placing a child in a school district 
 80.29  in which the child is not a resident, or any other information 
 80.30  deemed material by the court. [260.181, subd. 2 (omitting child 
 80.31  protection-related text)] 
 80.32     Subd. 3.  [REPORTS; JUVENILES PLACED OUT OF 
 80.33  STATE.] Whenever a child is placed in a residential program 
 80.34  located outside of this state pursuant to a disposition order 
 80.35  issued under section 260B.198, the juvenile court administrator 
 80.36  shall report the following information to the state court 
 81.1   administrator: 
 81.2      (1) the fact that the placement is out of state; 
 81.3      (2) the type of placement; and 
 81.4      (3) the reason for the placement.  [260.181, subd. 3a] 
 81.5      Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
 81.6   dismiss the petition or otherwise terminate its jurisdiction on 
 81.7   its own motion or on the motion or petition of any interested 
 81.8   party at any time.  Unless terminated by the court, and except 
 81.9   as otherwise provided in this subdivision, the jurisdiction of 
 81.10  the court shall continue until the individual becomes 19 years 
 81.11  of age if the court determines it is in the best interest of the 
 81.12  individual to do so.  
 81.13     (b) The jurisdiction of the court over an extended 
 81.14  jurisdiction juvenile, with respect to the offense for which the 
 81.15  individual was convicted as an extended jurisdiction juvenile, 
 81.16  extends until the offender becomes 21 years of age, unless the 
 81.17  court terminates jurisdiction before that date.  
 81.18     (c) The juvenile court has jurisdiction to designate the 
 81.19  proceeding an extended jurisdiction juvenile prosecution, to 
 81.20  hold a certification hearing, or to conduct a trial, receive a 
 81.21  plea, or impose a disposition under section 260B.130, 
 81.22  subdivision 4, if: 
 81.23     (1) an adult is alleged to have committed an offense before 
 81.24  the adult's 18th birthday; and 
 81.25     (2) a petition is filed under section 260B.141 before 
 81.26  expiration of the time for filing under section 628.26 and 
 81.27  before the adult's 21st birthday. 
 81.28  The juvenile court lacks jurisdiction under this paragraph if 
 81.29  the adult demonstrates that the delay was purposefully caused by 
 81.30  the state in order to gain an unfair advantage. 
 81.31     (d) The district court has original and exclusive 
 81.32  jurisdiction over a proceeding: 
 81.33     (1) that involves an adult who is alleged to have committed 
 81.34  an offense before the adult's 18th birthday; and 
 81.35     (2) in which a criminal complaint is filed before 
 81.36  expiration of the time for filing under section 628.26 and after 
 82.1   the adult's 21st birthday. 
 82.2      The juvenile court retains jurisdiction if the adult 
 82.3   demonstrates that the delay in filing a criminal complaint was 
 82.4   purposefully caused by the state in order to gain an unfair 
 82.5   advantage. 
 82.6      (e) The juvenile court has jurisdiction over a person who 
 82.7   has been adjudicated delinquent until the person's 21st birthday 
 82.8   if the person fails to appear at any juvenile court hearing or 
 82.9   fails to appear at or absconds from any placement under a 
 82.10  juvenile court order.  The juvenile court has jurisdiction over 
 82.11  a convicted extended jurisdiction juvenile who fails to appear 
 82.12  at any juvenile court hearing or fails to appear at or absconds 
 82.13  from any placement under section 260B.130, subdivision 4.  The 
 82.14  juvenile court lacks jurisdiction under this paragraph if the 
 82.15  adult demonstrates that the delay was purposefully caused by the 
 82.16  state in order to gain an unfair advantage.  [260.181, subd. 4] 
 82.17     Sec. 30.  [260B.198] [DISPOSITIONS; DELINQUENT CHILD.] 
 82.18     Subdivision 1.  [COURT ORDER, FINDINGS, REMEDIES, 
 82.19  TREATMENT.] If the court finds that the child is delinquent, it 
 82.20  shall enter an order making any of the following dispositions of 
 82.21  the case which are deemed necessary to the rehabilitation of the 
 82.22  child: 
 82.23     (a) Counsel the child or the parents, guardian, or 
 82.24  custodian; 
 82.25     (b) Place the child under the supervision of a probation 
 82.26  officer or other suitable person in the child's own home under 
 82.27  conditions prescribed by the court including reasonable rules 
 82.28  for the child's conduct and the conduct of the child's parents, 
 82.29  guardian, or custodian, designed for the physical, mental, and 
 82.30  moral well-being and behavior of the child, or with the consent 
 82.31  of the commissioner of corrections, in a group foster care 
 82.32  facility which is under the management and supervision of said 
 82.33  commissioner; 
 82.34     (c) Subject to the supervision of the court, transfer legal 
 82.35  custody of the child to one of the following: 
 82.36     (1) a child-placing agency; or 
 83.1      (2) the local social services agency; or 
 83.2      (3) a reputable individual of good moral character.  No 
 83.3   person may receive custody of two or more unrelated children 
 83.4   unless licensed as a residential facility pursuant to sections 
 83.5   245A.01 to 245A.16; or 
 83.6      (4) a county home school, if the county maintains a home 
 83.7   school or enters into an agreement with a county home school; or 
 83.8      (5) a county probation officer for placement in a group 
 83.9   foster home established under the direction of the juvenile 
 83.10  court and licensed pursuant to section 241.021; 
 83.11     (d) Transfer legal custody by commitment to the 
 83.12  commissioner of corrections; 
 83.13     (e) If the child is found to have violated a state or local 
 83.14  law or ordinance which has resulted in damage to the person or 
 83.15  property of another, the court may order the child to make 
 83.16  reasonable restitution for such damage; 
 83.17     (f) Require the child to pay a fine of up to $700; the 
 83.18  court shall order payment of the fine in accordance with a time 
 83.19  payment schedule which shall not impose an undue financial 
 83.20  hardship on the child; 
 83.21     (g) If the child is in need of special treatment and care 
 83.22  for reasons of physical or mental health, the court may order 
 83.23  the child's parent, guardian, or custodian to provide it.  If 
 83.24  the parent, guardian, or custodian fails to provide this 
 83.25  treatment or care, the court may order it provided; 
 83.26     (h) If the court believes that it is in the best interests 
 83.27  of the child and of public safety that the driver's license of 
 83.28  the child be canceled until the child's 18th birthday, the court 
 83.29  may recommend to the commissioner of public safety the 
 83.30  cancellation of the child's license for any period up to the 
 83.31  child's 18th birthday, and the commissioner is hereby authorized 
 83.32  to cancel such license without a hearing.  At any time before 
 83.33  the termination of the period of cancellation, the court may, 
 83.34  for good cause, recommend to the commissioner of public safety 
 83.35  that the child be authorized to apply for a new license, and the 
 83.36  commissioner may so authorize; 
 84.1      (i) If the court believes that it is in the best interest 
 84.2   of the child and of public safety that the child is enrolled in 
 84.3   school, the court may require the child to remain enrolled in a 
 84.4   public school until the child reaches the age of 18 or completes 
 84.5   all requirements needed to graduate from high school.  Any child 
 84.6   enrolled in a public school under this paragraph is subject to 
 84.7   the provisions of the Pupil Fair Dismissal Act in chapter 127. 
 84.8      (j) If the child is petitioned and found by the court to 
 84.9   have committed a controlled substance offense under sections 
 84.10  152.021 to 152.027, the court shall determine whether the child 
 84.11  unlawfully possessed or sold the controlled substance while 
 84.12  driving a motor vehicle.  If so, the court shall notify the 
 84.13  commissioner of public safety of its determination and order the 
 84.14  commissioner to revoke the child's driver's license for the 
 84.15  applicable time period specified in section 152.0271.  If the 
 84.16  child does not have a driver's license or if the child's 
 84.17  driver's license is suspended or revoked at the time of the 
 84.18  delinquency finding, the commissioner shall, upon the child's 
 84.19  application for driver's license issuance or reinstatement, 
 84.20  delay the issuance or reinstatement of the child's driver's 
 84.21  license for the applicable time period specified in section 
 84.22  152.0271.  Upon receipt of the court's order, the commissioner 
 84.23  is authorized to take the licensing action without a hearing. 
 84.24     (k) If the child is petitioned and found by the court to 
 84.25  have committed or attempted to commit an act in violation of 
 84.26  section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 
 84.27  subdivision 1; 609.79; or 617.23, or another offense arising out 
 84.28  of a delinquency petition based on one or more of those 
 84.29  sections, the court shall order an independent professional 
 84.30  assessment of the child's need for sex offender treatment.  An 
 84.31  assessor providing an assessment for the court must be 
 84.32  experienced in the evaluation and treatment of juvenile sex 
 84.33  offenders. If the assessment indicates that the child is in need 
 84.34  of and amenable to sex offender treatment, the court shall 
 84.35  include in its disposition order a requirement that the child 
 84.36  undergo treatment.  Notwithstanding section 13.42, 13.85, 
 85.1   144.335, 260B.171, or 626.556, the assessor has access to the 
 85.2   following private or confidential data on the child if access is 
 85.3   relevant and necessary for the assessment: 
 85.4      (1) medical data under section 13.42; 
 85.5      (2) corrections and detention data under section 13.85; 
 85.6      (3) health records under section 144.335; 
 85.7      (4) juvenile court records under section 260B.171; and 
 85.8      (5) local welfare agency records under section 626.556. 
 85.9      Data disclosed under this paragraph may be used only for 
 85.10  purposes of the assessment and may not be further disclosed to 
 85.11  any other person, except as authorized by law. 
 85.12     (l) If the child is found delinquent due to the commission 
 85.13  of an offense that would be a felony if committed by an adult, 
 85.14  the court shall make a specific finding on the record regarding 
 85.15  the juvenile's mental health and chemical dependency treatment 
 85.16  needs. 
 85.17     (m) Any order for a disposition authorized under this 
 85.18  section shall contain written findings of fact to support the 
 85.19  disposition ordered, and shall also set forth in writing the 
 85.20  following information: 
 85.21     (1) why the best interests of the child are served by the 
 85.22  disposition ordered; and 
 85.23     (2) what alternative dispositions were considered by the 
 85.24  court and why such dispositions were not appropriate in the 
 85.25  instant case.  [260.185, subd. 1] 
 85.26     Subd. 2.  [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If 
 85.27  the child is petitioned and found delinquent by the court, and 
 85.28  the court also finds that the child was in possession of a 
 85.29  firearm at the time of the offense, in addition to any other 
 85.30  disposition the court shall order that the firearm be 
 85.31  immediately seized and shall order that the child be required to 
 85.32  serve at least 100 hours of community work service unless the 
 85.33  child is placed in a residential treatment program or a juvenile 
 85.34  correctional facility.  If the child is petitioned and found 
 85.35  delinquent by the court, and the court finds that the child was 
 85.36  in possession of a dangerous weapon in a school zone, as defined 
 86.1   in section 152.01, subdivision 14a, clauses (1) and (3), at the 
 86.2   time of the offense, the court also shall order that the child's 
 86.3   driver's license be canceled or driving privileges denied until 
 86.4   the child's 18th birthday.  The court shall send a copy of its 
 86.5   order to the commissioner of public safety and, upon receipt of 
 86.6   the order, the commissioner is authorized to cancel the child's 
 86.7   driver's license or deny the child's driving privileges without 
 86.8   a hearing.  [260.185, subd. 1a] 
 86.9      Subd. 3.  [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 
 86.10  TRANSFERS.] An adjudicated juvenile may not be placed in a 
 86.11  licensed juvenile secure treatment facility unless the placement 
 86.12  is approved by the juvenile court.  However, the program 
 86.13  administrator may determine the juvenile's length of stay in the 
 86.14  secure portion of the facility.  The administrator shall notify 
 86.15  the court of any movement of juveniles from secure portions of 
 86.16  facilities.  However, the court may, in its discretion, order 
 86.17  that the juveniles be moved back to secure portions of the 
 86.18  facility.  [260.185, subd. 1b] 
 86.19     Subd. 4.  [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 
 86.20  REQUIREMENTS.] Before a postadjudication placement of a juvenile 
 86.21  in a secure treatment facility either inside or outside the 
 86.22  state, the court may: 
 86.23     (1) consider whether the juvenile has been adjudicated for 
 86.24  a felony offense against the person or that in addition to the 
 86.25  current adjudication, the juvenile has failed to appear in court 
 86.26  on one or more occasions or has run away from home on one or 
 86.27  more occasions; 
 86.28     (2) conduct a subjective assessment to determine whether 
 86.29  the child is a danger to self or others or would abscond from a 
 86.30  nonsecure facility or if the child's health or welfare would be 
 86.31  endangered if not placed in a secure facility; 
 86.32     (3) conduct a culturally appropriate psychological 
 86.33  evaluation which includes a functional assessment of anger and 
 86.34  abuse issues; and 
 86.35     (4) conduct an educational and physical assessment of the 
 86.36  juvenile. 
 87.1      In determining whether to order secure placement, the court 
 87.2   shall consider the necessity of: 
 87.3      (i) protecting the public; 
 87.4      (ii) protecting program residents and staff; and 
 87.5      (iii) preventing juveniles with histories of absconding 
 87.6   from leaving treatment programs.  [260.185, subd. 1c] 
 87.7      Subd. 5.  [EXPUNGEMENT.] Except when legal custody is 
 87.8   transferred under the provisions of subdivision 1, clause (d), 
 87.9   the court may expunge the adjudication of delinquency at any 
 87.10  time that it deems advisable.  [260.185, subd. 2] 
 87.11     Subd. 6.  [CONTINUANCE.] When it is in the best interests 
 87.12  of the child to do so and when the child has admitted the 
 87.13  allegations contained in the petition before the judge or 
 87.14  referee, or when a hearing has been held as provided for in 
 87.15  section 260B.163 and the allegations contained in the petition 
 87.16  have been duly proven but, in either case, before a finding of 
 87.17  delinquency has been entered, the court may continue the case 
 87.18  for a period not to exceed 90 days on any one order.  Such a 
 87.19  continuance may be extended for one additional successive period 
 87.20  not to exceed 90 days and only after the court has reviewed the 
 87.21  case and entered its order for an additional continuance without 
 87.22  a finding of delinquency.  During this continuance the court may 
 87.23  enter an order in accordance with the provisions of subdivision 
 87.24  1, clause (a) or (b) or enter an order to hold the child in 
 87.25  detention for a period not to exceed 15 days on any one order 
 87.26  for the purpose of completing any consideration, or any 
 87.27  investigation or examination ordered in accordance with the 
 87.28  provisions of section 260B.157.  This subdivision does not apply 
 87.29  to an extended jurisdiction juvenile proceeding.  [260.185, 
 87.30  subd. 3] 
 87.31     Subd. 7.  [ENFORCEMENT OF RESTITUTION ORDERS.] If the court 
 87.32  orders payment of restitution and the child fails to pay the 
 87.33  restitution in accordance with the payment schedule or structure 
 87.34  established by the court or the probation officer, the child's 
 87.35  probation officer may, on the officer's own motion or at the 
 87.36  request of the victim, file a petition for violation of 
 88.1   probation or ask the court to hold a hearing to determine 
 88.2   whether the conditions of probation should be changed.  The 
 88.3   child's probation officer shall ask for the hearing if the 
 88.4   restitution order has not been paid prior to 60 days before the 
 88.5   term of probation expires.  The court shall schedule and hold 
 88.6   this hearing before the child's term of probation expires.  
 88.7   [260.185, subd. 3a] 
 88.8      Subd. 8.  [ORDERS FOR SUPERVISION.] All orders for 
 88.9   supervision under subdivision 1, clause (b) shall be for an 
 88.10  indeterminate period unless otherwise specified by the court, 
 88.11  and shall be reviewed by the court at least annually.  All 
 88.12  orders under subdivision 1, clause (c) shall be for a specified 
 88.13  length of time set by the court.  However, before an order has 
 88.14  expired and upon the court's own motion or that of any 
 88.15  interested party, the court has continuing jurisdiction to renew 
 88.16  the order or, after notice to the parties and a hearing, make 
 88.17  some other disposition of the case, until the individual becomes 
 88.18  19 years of age.  Any person to whom legal custody is 
 88.19  transferred shall report to the court in writing at such periods 
 88.20  as the court may direct.  [260.185, subd. 4] 
 88.21     Subd. 9.  [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 
 88.22  court transfers legal custody of a child to any licensed 
 88.23  child-placing agency, county home school, local social services 
 88.24  agency, or the commissioner of corrections, it shall transmit 
 88.25  with the order transferring legal custody a copy of its findings 
 88.26  and a summary of its information concerning the child.  
 88.27  [260.185, subd. 5] 
 88.28     Subd. 10.  [OUT-OF-STATE PLACEMENTS.] (a) A court may not 
 88.29  place a preadjudicated delinquent, an adjudicated delinquent, or 
 88.30  a convicted extended jurisdiction juvenile in a residential or 
 88.31  detention facility outside Minnesota unless the commissioner of 
 88.32  corrections has certified that the facility: 
 88.33     (1) meets or exceeds the standards for Minnesota 
 88.34  residential treatment programs set forth in rules adopted by the 
 88.35  commissioner of human services or the standards for juvenile 
 88.36  residential facilities set forth in rules adopted by the 
 89.1   commissioner of corrections or the standards for juvenile 
 89.2   detention facilities set forth in rules adopted by the 
 89.3   commissioner of corrections, as provided under paragraph (b); 
 89.4   and 
 89.5      (2) provides education, health, dental, and other necessary 
 89.6   care equivalent to that which the child would receive if placed 
 89.7   in a Minnesota facility licensed by the commissioner of 
 89.8   corrections or commissioner of human services. 
 89.9      (b) The interagency licensing agreement between the 
 89.10  commissioners of corrections and human services shall be used to 
 89.11  determine which rule shall be used for certification purposes 
 89.12  under this subdivision. 
 89.13     (c) The commissioner of corrections may charge each 
 89.14  facility evaluated a reasonable amount.  Money received is 
 89.15  annually appropriated to the commissioner of corrections to 
 89.16  defray the costs of the certification program.  [260.185, subd. 
 89.17  6] 
 89.18     Subd. 11.  [PLACEMENT IN JUVENILE FACILITY.] A person who 
 89.19  has reached the age of 20 may not be kept in a residential 
 89.20  facility licensed by the commissioner of corrections together 
 89.21  with persons under the age of 20.  The commissioner may adopt 
 89.22  criteria for allowing exceptions to this prohibition.  [260.185, 
 89.23  subd. 7] 
 89.24     Sec. 31.  [260B.225] [JUVENILE TRAFFIC OFFENDER; 
 89.25  PROCEDURES; DISPOSITIONS.] 
 89.26     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 89.27  section, the following terms have the meanings given them.  
 89.28     (b) "Major traffic offense" includes any violation of a 
 89.29  state or local traffic law, ordinance, or regulation, or a 
 89.30  federal, state, or local water traffic law not included within 
 89.31  the provisions of clause (c).  
 89.32     (c) "Adult court traffic offense" means:  
 89.33     (1) a petty misdemeanor violation of a state or local 
 89.34  traffic law, ordinance, or regulation, or a petty misdemeanor 
 89.35  violation of a federal, state, or local water traffic law; or 
 89.36     (2) a violation of section 169.121, 169.129, or any other 
 90.1   misdemeanor- or gross misdemeanor-level traffic violation 
 90.2   committed as part of the same behavioral incident as a violation 
 90.3   of section 169.121 or 169.129.  [260.193, subd. 1] 
 90.4      Subd. 2.  [JUVENILE HIGHWAY TRAFFIC OFFENDER.] A child who 
 90.5   commits a major traffic offense shall be adjudicated a "juvenile 
 90.6   highway traffic offender" or a "juvenile water traffic 
 90.7   offender," as the case may be, and shall not be adjudicated 
 90.8   delinquent, unless, as in the case of any other child alleged to 
 90.9   be delinquent, a petition is filed in the manner provided in 
 90.10  section 260B.141, summons issued, notice given, a hearing held, 
 90.11  and the court finds as a further fact that the child is also 
 90.12  delinquent within the meaning and purpose of the laws relating 
 90.13  to juvenile courts.  [260.193, subd. 2] 
 90.14     Subd. 3.  [ADULT TRAFFIC OFFENSE.] Except as provided in 
 90.15  subdivision 4, a child who commits an adult court traffic 
 90.16  offense and at the time of the offense was at least 16 years old 
 90.17  shall be subject to the laws and court procedures controlling 
 90.18  adult traffic violators and shall not be under the jurisdiction 
 90.19  of the juvenile court.  When a child is alleged to have 
 90.20  committed an adult court traffic offense and is at least 16 
 90.21  years old at the time of the offense, the peace officer making 
 90.22  the charge shall follow the arrest procedures prescribed in 
 90.23  section 169.91 and shall make reasonable effort to notify the 
 90.24  child's parent or guardian of the nature of the charge.  
 90.25  [260.193, subd. 3] 
 90.26     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 90.27  juvenile court shall have original jurisdiction over: 
 90.28     (1) all juveniles age 15 and under alleged to have 
 90.29  committed any traffic offense; and 
 90.30     (2) 16- and 17-year-olds alleged to have committed any 
 90.31  major traffic offense, except that the adult court has original 
 90.32  jurisdiction over: 
 90.33     (i) petty traffic misdemeanors not a part of the same 
 90.34  behavioral incident of a misdemeanor being handled in juvenile 
 90.35  court; and 
 90.36     (ii) violations of sections 169.121 (drivers under the 
 91.1   influence of alcohol or controlled substance) and 169.129 
 91.2   (aggravated driving while intoxicated), and any other 
 91.3   misdemeanor or gross misdemeanor level traffic violations 
 91.4   committed as part of the same behavioral incident of a violation 
 91.5   of section 169.121 or 169.129.  [260.193, subd. 4] 
 91.6      Subd. 5.  [MAJOR TRAFFIC OFFENSE PROCEDURES.] When a child 
 91.7   is alleged to have committed a major traffic offense, the peace 
 91.8   officer making the charge shall file a signed copy of the notice 
 91.9   to appear, as provided in section 169.91, with the juvenile 
 91.10  court of the county in which the violation occurred, and the 
 91.11  notice to appear has the effect of a petition and gives the 
 91.12  juvenile court jurisdiction.  Filing with the court a notice to 
 91.13  appear containing the name and address of the child allegedly 
 91.14  committing a major traffic offense and specifying the offense 
 91.15  charged, the time and place of the alleged violation shall have 
 91.16  the effect of a petition and give the juvenile court 
 91.17  jurisdiction.  Any reputable person having knowledge of a child 
 91.18  who commits a major traffic offense may petition the juvenile 
 91.19  court in the manner provided in section 260B.141.  Whenever a 
 91.20  notice to appear or petition is filed alleging that a child is a 
 91.21  juvenile highway traffic offender or a juvenile water traffic 
 91.22  offender, the court shall summon and notify the persons required 
 91.23  to be summoned or notified as provided in sections 260B.151 and 
 91.24  260B.152.  However, it is not necessary to (1) notify more than 
 91.25  one parent, or (2) publish any notice, or (3) personally serve 
 91.26  outside the state.  [260.193, subd. 5] 
 91.27     Subd. 6.  [DISPOSITION.] Before making a disposition of any 
 91.28  child found to be a juvenile major traffic offender or to have 
 91.29  violated a misdemeanor- or gross misdemeanor-level traffic law, 
 91.30  the court shall obtain from the department of public safety 
 91.31  information of any previous traffic violation by this juvenile.  
 91.32  In the case of a juvenile water traffic offender, the court 
 91.33  shall obtain from the office where the information is now or 
 91.34  hereafter may be kept information of any previous water traffic 
 91.35  violation by the juvenile.  [260.193, subd. 6] 
 91.36     Subd. 7.  [TRANSFER OF CASES.] If after a hearing the court 
 92.1   finds that the welfare of a juvenile major traffic offender or a 
 92.2   juvenile water traffic offender or the public safety would be 
 92.3   better served under the laws controlling adult traffic 
 92.4   violators, the court may transfer the case to any court of 
 92.5   competent jurisdiction presided over by a salaried judge if 
 92.6   there is one in the county.  The juvenile court transfers the 
 92.7   case by forwarding to the appropriate court the documents in the 
 92.8   court's file together with an order to transfer.  The court to 
 92.9   which the case is transferred shall proceed with the case as if 
 92.10  the jurisdiction of the juvenile court had never attached.  
 92.11  [260.193, subd. 7] 
 92.12     Subd. 8.  [CRIMINAL COURT DISPOSITIONS; ADULT COURT TRAFFIC 
 92.13  OFFENDERS.] (a) A juvenile who is charged with an adult court 
 92.14  traffic offense in district court shall be treated as an adult 
 92.15  before trial, except that the juvenile may be held in secure, 
 92.16  pretrial custody only in a secure juvenile detention facility.  
 92.17     (b) A juvenile who is convicted of an adult court traffic 
 92.18  offense in district court shall be treated as an adult for 
 92.19  sentencing purposes, except that the court may order the 
 92.20  juvenile placed out of the home only in a residential treatment 
 92.21  facility or in a juvenile correctional facility. 
 92.22     (c) The disposition of an adult court traffic offender 
 92.23  remains with the county in which the adjudication occurred.  
 92.24  [260.193, subd. 7a] 
 92.25     Subd. 9.  [JUVENILE MAJOR HIGHWAY OR WATER TRAFFIC 
 92.26  OFFENDER.] If the juvenile court finds that the child is a 
 92.27  juvenile major highway or water traffic offender, it may make 
 92.28  any one or more of the following dispositions of the case: 
 92.29     (a) Reprimand the child and counsel with the child and the 
 92.30  parents; 
 92.31     (b) Continue the case for a reasonable period under such 
 92.32  conditions governing the child's use and operation of any motor 
 92.33  vehicles or boat as the court may set; 
 92.34     (c) Require the child to attend a driver improvement school 
 92.35  if one is available within the county; 
 92.36     (d) Recommend to the department of public safety suspension 
 93.1   of the child's driver's license as provided in section 171.16; 
 93.2      (e) If the child is found to have committed two moving 
 93.3   highway traffic violations or to have contributed to a highway 
 93.4   accident involving death, injury, or physical damage in excess 
 93.5   of $100, the court may recommend to the commissioner of public 
 93.6   safety or to the licensing authority of another state the 
 93.7   cancellation of the child's license until the child reaches the 
 93.8   age of 18 years, and the commissioner of public safety is hereby 
 93.9   authorized to cancel the license without hearing.  At any time 
 93.10  before the termination of the period of cancellation, the court 
 93.11  may, for good cause, recommend to the commissioner of public 
 93.12  safety, or to the licensing authority of another state, that the 
 93.13  child's license be returned, and the commissioner of public 
 93.14  safety is authorized to return the license; 
 93.15     (f) Place the child under the supervision of a probation 
 93.16  officer in the child's own home under conditions prescribed by 
 93.17  the court including reasonable rules relating to operation and 
 93.18  use of motor vehicles or boats directed to the correction of the 
 93.19  child's driving habits; 
 93.20     (g) If the child is found to have violated a state or local 
 93.21  law or ordinance and the violation resulted in damage to the 
 93.22  person or property of another, the court may order the child to 
 93.23  make reasonable restitution for the damage; 
 93.24     (h) Require the child to pay a fine of up to $700.  The 
 93.25  court shall order payment of the fine in accordance with a time 
 93.26  payment schedule which shall not impose an undue financial 
 93.27  hardship on the child; 
 93.28     (i) If the court finds that the child committed an offense 
 93.29  described in section 169.121, the court shall order that a 
 93.30  chemical use assessment be conducted and a report submitted to 
 93.31  the court in the manner prescribed in section 169.126.  If the 
 93.32  assessment concludes that the child meets the level of care 
 93.33  criteria for placement under rules adopted under section 
 93.34  254A.03, subdivision 3, the report must recommend a level of 
 93.35  care for the child.  The court may require that level of care in 
 93.36  its disposition order.  In addition, the court may require any 
 94.1   child ordered to undergo an assessment to pay a chemical 
 94.2   dependency assessment charge of $75.  The court shall forward 
 94.3   the assessment charge to the commissioner of finance to be 
 94.4   credited to the general fund.  The state shall reimburse 
 94.5   counties for the total cost of the assessment in the manner 
 94.6   provided in section 169.126, subdivision 4c.  [260.193, subd. 8] 
 94.7      Subd. 10.  [RECORDS.] The juvenile court records of 
 94.8   juvenile highway traffic offenders and juvenile water traffic 
 94.9   offenders shall be kept separate from delinquency matters.  
 94.10  [260.193, subd. 10] 
 94.11     Sec. 32.  [260B.235] [PETTY OFFENDERS; PROCEDURES; 
 94.12  DISPOSITIONS.] 
 94.13     Subdivision 1.  [ADJUDICATION.] A petty offender who has 
 94.14  committed a juvenile alcohol or controlled substance offense 
 94.15  shall be adjudicated a "petty offender," and shall not be 
 94.16  adjudicated delinquent, unless, as in the case of any other 
 94.17  child alleged to be delinquent, a petition is filed in the 
 94.18  manner provided in section 260B.141, summons issued, notice 
 94.19  given, a hearing held, and the court finds as a further fact 
 94.20  that the child is also delinquent within the meaning and purpose 
 94.21  of the laws related to juvenile courts.  [260.195, subd. 1] 
 94.22     Subd. 2.  [PROCEDURE.] When a peace officer has probable 
 94.23  cause to believe that a child is a petty offender, the officer 
 94.24  may issue a notice to the child to appear in juvenile court in 
 94.25  the county in which the alleged violation occurred.  The officer 
 94.26  shall file a copy of the notice to appear with the juvenile 
 94.27  court of the county in which the alleged violation occurred.  
 94.28  Filing with the court a notice to appear containing the name and 
 94.29  address of the child who is alleged to be a petty offender, 
 94.30  specifying the offense charged, and the time and place of the 
 94.31  alleged violation has the effect of a petition giving the 
 94.32  juvenile court jurisdiction.  Any reputable person having 
 94.33  knowledge that a child is a petty offender may petition the 
 94.34  juvenile court in the manner provided in section 260B.141.  
 94.35  Whenever a notice to appear or petition is filed alleging that a 
 94.36  child is a petty offender, the court shall summon and notify the 
 95.1   person or persons having custody or control of the child of the 
 95.2   nature of the offense charged and the time and place of 
 95.3   hearing.  This summons and notice shall be served in the time 
 95.4   and manner provided in section 260B.151, subdivision 1.  If a 
 95.5   child fails to appear in response to the notice provided by this 
 95.6   subdivision, the court may issue a summons notifying the child 
 95.7   of the nature of the offense alleged and the time and place set 
 95.8   for the hearing.  If the peace officer finds it necessary to 
 95.9   take the child into custody, sections 260B.175 and 260B.176 
 95.10  shall apply.  [260.195, subd. 2] 
 95.11     Subd. 3.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 95.12  as otherwise provided in section 260B.163, subdivision 4, a 
 95.13  child alleged to be a juvenile petty offender may be represented 
 95.14  by counsel, but does not have a right to appointment of a public 
 95.15  defender or other counsel at public expense.  [260.195, subd. 
 95.16  2a] 
 95.17     Subd. 4.  [DISPOSITIONS.] If the juvenile court finds that 
 95.18  a child is a petty offender, the court may: 
 95.19     (a) require the child to pay a fine of up to $100; 
 95.20     (b) require the child to participate in a community service 
 95.21  project; 
 95.22     (c) require the child to participate in a drug awareness 
 95.23  program; 
 95.24     (d) place the child on probation for up to six months; 
 95.25     (e) order the child to undergo a chemical dependency 
 95.26  evaluation and if warranted by this evaluation, order 
 95.27  participation by the child in an outpatient chemical dependency 
 95.28  treatment program; 
 95.29     (f) order the child to make restitution to the victim; or 
 95.30     (g) perform any other activities or participate in any 
 95.31  other outpatient treatment programs deemed appropriate by the 
 95.32  court.  
 95.33     In all cases where the juvenile court finds that a child 
 95.34  has purchased or attempted to purchase an alcoholic beverage in 
 95.35  violation of section 340A.503, if the child has a driver's 
 95.36  license or permit to drive, and if the child used a driver's 
 96.1   license, permit or Minnesota identification card to purchase or 
 96.2   attempt to purchase the alcoholic beverage, the court shall 
 96.3   forward its finding in the case and the child's driver's license 
 96.4   or permit to the commissioner of public safety.  Upon receipt, 
 96.5   the commissioner shall suspend the child's license or permit for 
 96.6   a period of 90 days.  
 96.7      In all cases where the juvenile court finds that a child 
 96.8   has purchased or attempted to purchase tobacco in violation of 
 96.9   section 609.685, subdivision 3, if the child has a driver's 
 96.10  license or permit to drive, and if the child used a driver's 
 96.11  license, permit, or Minnesota identification card to purchase or 
 96.12  attempt to purchase tobacco, the court shall forward its finding 
 96.13  in the case and the child's driver's license or permit to the 
 96.14  commissioner of public safety.  Upon receipt, the commissioner 
 96.15  shall suspend the child's license or permit for a period of 90 
 96.16  days. 
 96.17     None of the dispositional alternatives described in clauses 
 96.18  (a) to (f) shall be imposed by the court in a manner which would 
 96.19  cause an undue hardship upon the child.  [260.195, subd. 3] 
 96.20     Subd. 5.  [ENHANCED DISPOSITIONS.] If the juvenile court 
 96.21  finds that a child has committed a second or subsequent juvenile 
 96.22  alcohol or controlled substance offense, the court may impose 
 96.23  any of the dispositional alternatives described in paragraphs 
 96.24  (a) to (c).  If the juvenile court finds that a child has 
 96.25  committed a second or subsequent juvenile tobacco offense, the 
 96.26  court may impose any of the dispositional alternatives described 
 96.27  in paragraphs (a) to (c). 
 96.28     (a) The court may impose any of the dispositional 
 96.29  alternatives described in subdivision 3, clauses (a) to (f). 
 96.30     (b) If the adjudicated petty offender has a driver's 
 96.31  license or permit, the court may forward the license or permit 
 96.32  to the commissioner of public safety.  The commissioner shall 
 96.33  revoke the petty offender's driver's license or permit until the 
 96.34  offender reaches the age of 18 years or for a period of one 
 96.35  year, whichever is longer. 
 96.36     (c) If the adjudicated petty offender has a driver's 
 97.1   license or permit, the court may suspend the driver's license or 
 97.2   permit for a period of up to 90 days, but may allow the offender 
 97.3   driving privileges as necessary to travel to and from work. 
 97.4      (d) If the adjudicated petty offender does not have a 
 97.5   driver's license or permit, the court may prepare an order of 
 97.6   denial of driving privileges.  The order must provide that the 
 97.7   petty offender will not be granted driving privileges until the 
 97.8   offender reaches the age of 18 years or for a period of one 
 97.9   year, whichever is longer.  The court shall forward the order to 
 97.10  the commissioner of public safety.  The commissioner shall deny 
 97.11  the offender's eligibility for a driver's license under section 
 97.12  171.04, for the period stated in the court order.  [260.195, 
 97.13  subd. 3a] 
 97.14     Subd. 6.  [ALTERNATIVE DISPOSITION.] In addition to 
 97.15  dispositional alternatives authorized by subdivision 3, in the 
 97.16  case of a third or subsequent finding by the court pursuant to 
 97.17  an admission in court or after trial that a child has committed 
 97.18  a juvenile alcohol or controlled substance offense, the juvenile 
 97.19  court shall order a chemical dependency evaluation of the child 
 97.20  and if warranted by the evaluation, the court may order 
 97.21  participation by the child in an inpatient or outpatient 
 97.22  chemical dependency treatment program, or any other treatment 
 97.23  deemed appropriate by the court.  [260.195, subd. 4] 
 97.24     Subd. 7.  [FINDINGS REQUIRED.] Any order for disposition 
 97.25  authorized by this section shall contain written findings of 
 97.26  fact to support the disposition ordered, and shall also set 
 97.27  forth in writing the following information:  
 97.28     (a) Why the best interests of the child are served by the 
 97.29  disposition ordered; and 
 97.30     (b) What alternative dispositions were considered by the 
 97.31  court and why they were not appropriate in the instant case.  
 97.32  [260.195, subd. 5] 
 97.33     Subd. 8.  [REPORT.] The juvenile court shall report to the 
 97.34  office of state court administrator each disposition made under 
 97.35  this section and section 260B.198 where placement is made 
 97.36  outside of this state's jurisdictional boundaries.  Each report 
 98.1   shall contain information as to date of placement, length of 
 98.2   anticipated placement, program costs, reasons for out of state 
 98.3   placement, and any other information as the office requires to 
 98.4   determine the number of out of state placements, the reasons for 
 98.5   these placements, and the costs involved.  The report shall not 
 98.6   contain the name of the child.  Any information contained in the 
 98.7   reports relating to factors identifying a particular child is 
 98.8   confidential and may be disclosed only by order of the juvenile 
 98.9   court.  Any person violating this subdivision as to release of 
 98.10  this confidential information is guilty of a misdemeanor.  
 98.11  [260.195, subd. 6] 
 98.12     Subd. 9.  [EXPUNGEMENT.] The court may expunge the 
 98.13  adjudication of a child as a petty offender at any time it deems 
 98.14  advisable.  [260.195, subd. 7] 
 98.15     Sec. 33.  [260B.245] [EFFECT OF JUVENILE COURT 
 98.16  PROCEEDINGS.] 
 98.17     Subdivision 1.  [EFFECT.] (a) No adjudication upon the 
 98.18  status of any child in the jurisdiction of the juvenile court 
 98.19  shall operate to impose any of the civil disabilities imposed by 
 98.20  conviction, nor shall any child be deemed a criminal by reason 
 98.21  of this adjudication, nor shall this adjudication be deemed a 
 98.22  conviction of crime, except as otherwise provided in this 
 98.23  section or section 260B.255.  An extended jurisdiction juvenile 
 98.24  conviction shall be treated in the same manner as an adult 
 98.25  felony criminal conviction for purposes of the sentencing 
 98.26  guidelines.  The disposition of the child or any evidence given 
 98.27  by the child in the juvenile court shall not be admissible as 
 98.28  evidence against the child in any case or proceeding in any 
 98.29  other court, except that an adjudication may later be used to 
 98.30  determine a proper sentence, nor shall the disposition or 
 98.31  evidence disqualify the child in any future civil service 
 98.32  examination, appointment, or application. 
 98.33     (b) A person who was adjudicated delinquent for, or 
 98.34  convicted as an extended jurisdiction juvenile of, a crime of 
 98.35  violence as defined in section 624.712, subdivision 5, is not 
 98.36  entitled to ship, transport, possess, or receive a firearm until 
 99.1   ten years have elapsed since the person was discharged and 
 99.2   during that time the person was not convicted of any other crime 
 99.3   of violence.  A person who has received a relief of disability 
 99.4   under United States Code, title 18, section 925, is not subject 
 99.5   to the restrictions of this subdivision.  [260.211, subd. 1] 
 99.6      Subd. 2.  [CONSTRUCTION.] Nothing contained in this section 
 99.7   shall be construed to relate to subsequent proceedings in 
 99.8   juvenile court, nor shall preclude the juvenile court, under 
 99.9   circumstances other than those specifically prohibited in 
 99.10  subdivision 1, from disclosing information to qualified persons 
 99.11  if the court considers such disclosure to be in the best 
 99.12  interests of the child or of the administration of justice.  
 99.13  [260.211, subd. 2] 
 99.14     Sec. 34.  [260B.255] [JUVENILE COURT DISPOSITION BARS 
 99.15  CRIMINAL PROCEEDING.] 
 99.16     Subdivision 1.  [CERTAIN VIOLATIONS NOT CRIMES.] A 
 99.17  violation of a state or local law or ordinance by a child before 
 99.18  becoming 18 years of age is not a crime unless the juvenile 
 99.19  court: 
 99.20     (1) certifies the matter in accordance with the provisions 
 99.21  of section 260.125; 
 99.22     (2) transfers the matter to a court in accordance with the 
 99.23  provisions of section 260B.225; or 
 99.24     (3) convicts the child as an extended jurisdiction juvenile 
 99.25  and subsequently executes the adult sentence under section 
 99.26  260B.130, subdivision 5.  [260.215, subd. 1] 
 99.27     Subd. 2.  [PENALTY.] Except for matters referred to the 
 99.28  prosecuting authority under the provisions of this section or to 
 99.29  a court in accordance with the provisions of section 260B.225, 
 99.30  any peace officer knowingly bringing charges against a child in 
 99.31  a court other than a juvenile court for violating a state or 
 99.32  local law or ordinance is guilty of a misdemeanor.  This 
 99.33  subdivision does not apply to complaints brought for the 
 99.34  purposes of extradition.  [260.215, subd. 2] 
 99.35     Sec. 35.  [260B.331] [COSTS OF CARE.] 
 99.36     Subdivision 1.  [CARE, EXAMINATION, OR TREATMENT.] (a) (1) 
100.1   Whenever legal custody of a child is transferred by the court to 
100.2   a local social services agency, or 
100.3      (2) whenever legal custody is transferred to a person other 
100.4   than the local social services agency, but under the supervision 
100.5   of the local social services agency, 
100.6      (3) whenever a child is given physical or mental 
100.7   examinations or treatment under order of the court, and no 
100.8   provision is otherwise made by law for payment for the care, 
100.9   examination, or treatment of the child, these costs are a charge 
100.10  upon the welfare funds of the county in which proceedings are 
100.11  held upon certification of the judge of juvenile court. 
100.12     (b) The court shall order, and the local social services 
100.13  agency shall require, the parents or custodian of a child, while 
100.14  the child is under the age of 18, to use the total income and 
100.15  resources attributable to the child for the period of care, 
100.16  examination, or treatment, except for clothing and personal 
100.17  needs allowance as provided in section 256B.35, to reimburse the 
100.18  county for the cost of care, examination, or treatment.  Income 
100.19  and resources attributable to the child include, but are not 
100.20  limited to, social security benefits, supplemental security 
100.21  income (SSI), veterans benefits, railroad retirement benefits 
100.22  and child support.  When the child is over the age of 18, and 
100.23  continues to receive care, examination, or treatment, the court 
100.24  shall order, and the local social services agency shall require, 
100.25  reimbursement from the child for the cost of care, examination, 
100.26  or treatment from the income and resources attributable to the 
100.27  child less the clothing and personal needs allowance.  
100.28     (c) If the income and resources attributable to the child 
100.29  are not enough to reimburse the county for the full cost of the 
100.30  care, examination, or treatment, the court shall inquire into 
100.31  the ability of the parents to support the child and, after 
100.32  giving the parents a reasonable opportunity to be heard, the 
100.33  court shall order, and the local social services agency shall 
100.34  require, the parents to contribute to the cost of care, 
100.35  examination, or treatment of the child.  Except in delinquency 
100.36  cases where the victim is a member of the child's immediate 
101.1   family, when determining the amount to be contributed by the 
101.2   parents, the court shall use a fee schedule based upon ability 
101.3   to pay that is established by the local social services agency 
101.4   and approved by the commissioner of human services.  In 
101.5   delinquency cases where the victim is a member of the child's 
101.6   immediate family, the court shall use the fee schedule, but may 
101.7   also take into account the seriousness of the offense and any 
101.8   expenses which the parents have incurred as a result of the 
101.9   offense.  The income of a stepparent who has not adopted a child 
101.10  shall be excluded in calculating the parental contribution under 
101.11  this section. 
101.12     (d) The court shall order the amount of reimbursement 
101.13  attributable to the parents or custodian, or attributable to the 
101.14  child, or attributable to both sources, withheld under chapter 
101.15  518 from the income of the parents or the custodian of the 
101.16  child.  A parent or custodian who fails to pay without good 
101.17  reason may be proceeded against for contempt, or the court may 
101.18  inform the county attorney, who shall proceed to collect the 
101.19  unpaid sums, or both procedures may be used. 
101.20     (e) If the court orders a physical or mental examination 
101.21  for a child, the examination is a medically necessary service 
101.22  for purposes of determining whether the service is covered by a 
101.23  health insurance policy, health maintenance contract, or other 
101.24  health coverage plan.  Court-ordered treatment shall be subject 
101.25  to policy, contract, or plan requirements for medical 
101.26  necessity.  Nothing in this paragraph changes or eliminates 
101.27  benefit limits, conditions of coverage, copayments or 
101.28  deductibles, provider restrictions, or other requirements in the 
101.29  policy, contract, or plan that relate to coverage of other 
101.30  medically necessary services.  [260.251, subd. 1] 
101.31     Subd. 2.  [COST OF GROUP FOSTER CARE.] Whenever a child is 
101.32  placed in a group foster care facility as provided in section 
101.33  260B.198, subdivision 1, clause (b) or (c), item (5), the cost 
101.34  of providing the care shall, upon certification by the juvenile 
101.35  court, be paid from the welfare fund of the county in which the 
101.36  proceedings were held.  To reimburse the counties for the costs 
102.1   of providing group foster care for delinquent children and to 
102.2   promote the establishment of suitable group foster homes, the 
102.3   state shall quarterly, from funds appropriated for that purpose, 
102.4   reimburse counties 50 percent of the costs not paid by federal 
102.5   and other available state aids and grants.  Reimbursement shall 
102.6   be prorated if the appropriation is insufficient. 
102.7      The commissioner of corrections shall establish procedures 
102.8   for reimbursement and certify to the commissioner of finance 
102.9   each county entitled to receive state aid under the provisions 
102.10  of this subdivision.  Upon receipt of a certificate the 
102.11  commissioner of finance shall issue a state warrant to the 
102.12  county treasurer for the amount due, together with a copy of the 
102.13  certificate prepared by the commissioner of corrections.  
102.14  [260.251, subd. 1a (omitting child protection-related text)] 
102.15     Subd. 3.  [COURT EXPENSES.] The following expenses are a 
102.16  charge upon the county in which proceedings are held upon 
102.17  certification of the judge of juvenile court or upon such other 
102.18  authorization provided by law: 
102.19     (a) The fees and mileage of witnesses, and the expenses and 
102.20  mileage of officers serving notices and subpoenas ordered by the 
102.21  court, as prescribed by law. 
102.22     (b) The expenses for travel and board of the juvenile court 
102.23  judge when holding court in places other than the county seat. 
102.24     (c) The expense of transporting a child to a place 
102.25  designated by a child-placing agency for the care of the child 
102.26  if the court transfers legal custody to a child-placing agency.  
102.27     (d) The expense of transporting a minor to a place 
102.28  designated by the court.  
102.29     (e) Reasonable compensation for an attorney appointed by 
102.30  the court to serve as counsel or guardian ad litem.  [260.251, 
102.31  subd. 2] 
102.32     Subd. 4.  [LEGAL SETTLEMENT.] The county charged with the 
102.33  costs and expenses under subdivisions 1 and 2 may recover these 
102.34  costs and expenses from the county where the minor has legal 
102.35  settlement for general assistance purposes by filing verified 
102.36  claims which shall be payable as are other claims against the 
103.1   county.  A detailed statement of the facts upon which the claim 
103.2   is based shall accompany the claim.  If a dispute relating to 
103.3   general assistance settlement arises, the local social services 
103.4   agency of the county denying legal settlement shall send a 
103.5   detailed statement of the facts upon which the claim is denied 
103.6   together with a copy of the detailed statement of the facts upon 
103.7   which the claim is based to the commissioner of human services.  
103.8   The commissioner shall immediately investigate and determine the 
103.9   question of general assistance settlement and shall certify 
103.10  findings to the local social services agency of each county.  
103.11  The decision of the commissioner is final and shall be complied 
103.12  with unless, within 30 days thereafter, action is taken in 
103.13  district court as provided in section 256.045.  [260.251, subd. 
103.14  3] 
103.15     Subd. 5.  [ATTORNEYS FEES.] In proceedings in which the 
103.16  court has appointed counsel pursuant to section 260B.163, 
103.17  subdivision 4, for a minor unable to employ counsel, the court 
103.18  may inquire into the ability of the parents to pay for such 
103.19  counsel's services and, after giving the parents a reasonable 
103.20  opportunity to be heard, may order the parents to pay attorneys 
103.21  fees.  [260.251, subd. 4] 
103.22     Subd. 6.  [GUARDIAN AD LITEM FEES.] In proceedings in which 
103.23  the court appoints a guardian ad litem pursuant to section 
103.24  260B.163, subdivision 6, clause (a), the court may inquire into 
103.25  the ability of the parents to pay for the guardian ad litem's 
103.26  services and, after giving the parents a reasonable opportunity 
103.27  to be heard, may order the parents to pay guardian fees.  
103.28  [260.251, subd. 5] 
103.29     Sec. 36.  [260B.335] [JURISDICTION OVER PERSONS 
103.30  CONTRIBUTING TO DELINQUENCY; COURT ORDERS.] 
103.31     Subdivision 1.  [JURISDICTION.] The juvenile court has 
103.32  jurisdiction over persons contributing to the delinquency of a 
103.33  child under the provisions of subdivision 2 or 3.  [260.255, 
103.34  subd. 1 (omitting child protection-related text)] 
103.35     Subd. 2.  [ORDERS.] If in the hearing of a case of a child 
103.36  alleged to be delinquent, it appears by a fair preponderance of 
104.1   the evidence that any person has violated the provisions of 
104.2   section 260B.425, the court may make any of the following orders:
104.3      (1) restrain the person from any further act or omission in 
104.4   violation of section 260B.425; or 
104.5      (2) prohibit the person from associating or communicating 
104.6   in any manner with the child; or 
104.7      (3) provide for the maintenance or care of the child, if 
104.8   the person is responsible for such, and direct when, how, and 
104.9   where money for such maintenance or care shall be paid.  
104.10  [260.255, subd. 2 (omitting child protection-related text)] 
104.11     Subd. 3.  [ORDER TO SHOW CAUSE.] Before making any order 
104.12  under subdivision 2 the court shall issue an order to show 
104.13  cause, either upon its own motion or upon a verified petition, 
104.14  specifying the charges made against the person and fixing the 
104.15  time and place of the hearing.  The order to show cause shall be 
104.16  served personally and shall be heard in the same manner as 
104.17  provided in other cases in the juvenile court.  [260.255, subd. 
104.18  3] 
104.19     Sec. 37.  [260B.401] [JURISDICTION OF CERTAIN JUVENILE 
104.20  COURTS OVER OFFENSE OF CONTRIBUTING TO DELINQUENCY.] 
104.21     In counties having a population of over 200,000 the 
104.22  juvenile court has jurisdiction of the offenses described in 
104.23  section 260B.425.  Prosecutions hereunder shall be begun by 
104.24  complaint duly verified and filed in the juvenile court of the 
104.25  county.  The court may impose conditions upon a defendant who is 
104.26  found guilty and, so long as the defendant complies with these 
104.27  conditions to the satisfaction of the court, the sentence 
104.28  imposed may be suspended.  [260.261] 
104.29     Sec. 38.  [260B.411] [NEW EVIDENCE.] 
104.30     A child whose status has been adjudicated by a juvenile 
104.31  court, or the child's parent, guardian, custodian or spouse may, 
104.32  at any time within 15 days of the filing of the court's order, 
104.33  petition the court for a rehearing on the ground that new 
104.34  evidence has been discovered affecting the advisability of the 
104.35  court's original adjudication or disposition.  Upon a showing 
104.36  that such evidence does exist the court shall order that a new 
105.1   hearing be held within 30 days, unless the court extends this 
105.2   time period for good cause shown within the 30-day period, and 
105.3   shall make such disposition of the case as the facts and the 
105.4   best interests of the child warrant.  [260.281] 
105.5      Sec. 39.  [260B.415] [APPEAL.] 
105.6      Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 
105.7   (a) An appeal may be taken by the aggrieved person from a final 
105.8   order of the juvenile court affecting a substantial right of the 
105.9   aggrieved person, including, but not limited to, an order 
105.10  adjudging a child to be delinquent or a juvenile traffic 
105.11  offender.  The appeal shall be taken within 30 days of the 
105.12  filing of the appealable order.  The court administrator shall 
105.13  notify the person having legal custody of the minor of the 
105.14  appeal.  Failure to notify the person having legal custody of 
105.15  the minor shall not affect the jurisdiction of the appellate 
105.16  court.  The order of the juvenile court shall stand, pending the 
105.17  determination of the appeal, but the reviewing court may in its 
105.18  discretion and upon application stay the order. 
105.19     (b) An appeal may be taken by an aggrieved person from an 
105.20  order of the juvenile court on the issue of certification of a 
105.21  matter for prosecution under the laws and court procedures 
105.22  controlling adult criminal violations.  Certification appeals 
105.23  shall be expedited as provided by applicable rules.  [260.291, 
105.24  subd. 1 (omitting child protection-related text)] 
105.25     Subd. 2.  [APPEAL.] The appeal from a juvenile court is 
105.26  taken to the court of appeals as in civil cases, except as 
105.27  provided in subdivision 1.  [260.291, subd. 2] 
105.28     Sec. 40.  [260B.421] [CONTEMPT.] 
105.29     Any person knowingly interfering with an order of the 
105.30  juvenile court is in contempt of court.  However, a child who is 
105.31  under the continuing jurisdiction of the court for reasons other 
105.32  than having committed a delinquent act or a juvenile petty 
105.33  offense may not be adjudicated as a delinquent solely on the 
105.34  basis of having knowingly interfered with or disobeyed an order 
105.35  of the court.  [260.301] 
105.36     Sec. 41.  [260B.425] [CONTRIBUTING TO DELINQUENCY OR 
106.1   JUVENILE PETTY OFFENDER STATUS.] 
106.2      Any person who by act, word, or omission encourages, 
106.3   causes, or contributes to the delinquency of a child or to a 
106.4   child's status as a juvenile petty offender is guilty of a 
106.5   misdemeanor.  This section does not apply to licensed social 
106.6   service agencies and outreach workers who, while acting within 
106.7   the scope of their professional duties, provide services to 
106.8   runaway children.  [260.315 (omitting child protection-related 
106.9   text)] 
106.10     Sec. 42.  [260B.441] [COST, PAYMENT.] 
106.11     In addition to the usual care and services given by public 
106.12  and private agencies, the necessary cost incurred by the 
106.13  commissioner of human services in providing care for such child 
106.14  shall be paid by the county committing such child which, subject 
106.15  to uniform rules established by the commissioner of human 
106.16  services, may receive a reimbursement not exceeding one-half of 
106.17  such costs from funds made available for this purpose by the 
106.18  legislature during the period beginning July 1, 1985, and ending 
106.19  December 31, 1985.  Beginning January 1, 1986, the necessary 
106.20  cost incurred by the commissioner of human services in providing 
106.21  care for the child must be paid by the county committing the 
106.22  child.  Where such child is eligible to receive a grant of aid 
106.23  to families with dependent children, Minnesota family investment 
106.24  program-statewide or supplemental security income for the aged, 
106.25  blind, and disabled, or a foster care maintenance payment under 
106.26  title IV-E of the Social Security Act, United States Code, title 
106.27  42, sections 670 to 676, the child's needs shall be met through 
106.28  these programs.  [260.38] 
106.29     Sec. 43.  [260B.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 
106.30  ASSISTANCE FURNISHED.] 
106.31     When any amount shall be recovered from any source for 
106.32  assistance furnished under the provisions of sections 260B.001 
106.33  to 260B.446, there shall be paid into the treasury of the state 
106.34  or county in the proportion in which they have respectively 
106.35  contributed toward the total assistance paid.  [260.39] 
106.36                             ARTICLE 3 
107.1                     CHILD PROTECTION PROVISIONS 
107.2      Section 1.  [260C.001] [TITLE, INTENT, AND CONSTRUCTION.] 
107.3      Subdivision 1.  [CITATION.] Sections 260C.001 to 260C.451 
107.4   may be cited as the child protection provisions of the Juvenile 
107.5   Court Act. [260.011, subd. 1] 
107.6      Subd. 2.  [CHILDREN IN NEED OF PROTECTION OR SERVICES.] The 
107.7   paramount consideration in all proceedings concerning a child 
107.8   alleged or found to be in need of protection or services is the 
107.9   best interests of the child.  In proceedings involving an 
107.10  American Indian child, as defined in section 260.755, 
107.11  subdivision 8, the best interests of the child must be 
107.12  determined consistent with sections 260.751 to 260.835 and the 
107.13  Indian Child Welfare Act, United States Code, title 25, sections 
107.14  1901 to 1923.  The purpose of the laws relating to juvenile 
107.15  courts is to secure for each child alleged or adjudicated in 
107.16  need of protection or services and under the jurisdiction of the 
107.17  court, the care and guidance, preferably in the child's own 
107.18  home, as will best serve the spiritual, emotional, mental, and 
107.19  physical welfare of the child; to provide judicial procedures 
107.20  which protect the welfare of the child; to preserve and 
107.21  strengthen the child's family ties whenever possible and in the 
107.22  child's best interests, removing the child from the custody of 
107.23  parents only when the child's welfare or safety cannot be 
107.24  adequately safeguarded without removal; and, when removal from 
107.25  the child's own family is necessary and in the child's best 
107.26  interests, to secure for the child custody, care and discipline 
107.27  as nearly as possible equivalent to that which should have been 
107.28  given by the parents.  [260.011, subd. 2, para (a)] 
107.29     Subd. 3.  [TERMINATION OF PARENTAL RIGHTS.] The purpose of 
107.30  the laws relating to termination of parental rights is to ensure 
107.31  that: 
107.32     (1) reasonable efforts have been made by the social service 
107.33  agency to reunite the child with the child's parents in a 
107.34  placement that is safe and permanent; and 
107.35     (2) if placement with the parents is not reasonably 
107.36  foreseeable, to secure for the child a safe and permanent 
108.1   placement, preferably with adoptive parents. 
108.2      The paramount consideration in all proceedings for the 
108.3   termination of parental rights is the best interests of the 
108.4   child.  In proceedings involving an American Indian child, as 
108.5   defined in section 260.755, subdivision 8, the best interests of 
108.6   the child must be determined consistent with the Indian Child 
108.7   Welfare Act of 1978, United States Code, title 25, section 1901, 
108.8   et seq.  [260.011, subd. 2, para (b)] 
108.9      Subd. 4.  [CONSTRUCTION.] The laws relating to the child 
108.10  protection provisions of the juvenile courts shall be liberally 
108.11  construed to carry out these purposes.  [260.011, subd. 2, para 
108.12  (d)] 
108.13     Sec. 2.  [260C.007] [DEFINITIONS.] 
108.14     Subdivision 1.  [SCOPE.] As used in this chapter, the terms 
108.15  defined in this section have the same meanings given to them.  
108.16  [260.015, subd. 1] 
108.17     Subd. 2.  [AGENCY.] "Agency" means the local social service 
108.18  agency or a licensed child-placing agency.  [260.015, subd. 1a] 
108.19     Subd. 3.  [CHILD.] "Child" means an individual under 18 
108.20  years of age.  [260.015, subd. 2 (omitting delinquency-related 
108.21  text)] 
108.22     Subd. 4.  [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 
108.23  in need of protection or services" means a child who is in need 
108.24  of protection or services because the child: 
108.25     (1) is abandoned or without parent, guardian, or custodian; 
108.26     (2)(i) has been a victim of physical or sexual abuse, (ii) 
108.27  resides with or has resided with a victim of domestic child 
108.28  abuse as defined in subdivision 20, (iii) resides with or would 
108.29  reside with a perpetrator of domestic child abuse or child abuse 
108.30  as defined in subdivision 24, or (iv) is a victim of emotional 
108.31  maltreatment as defined in subdivision 5a; 
108.32     (3) is without necessary food, clothing, shelter, 
108.33  education, or other required care for the child's physical or 
108.34  mental health or morals because the child's parent, guardian, or 
108.35  custodian is unable or unwilling to provide that care; 
108.36     (4) is without the special care made necessary by a 
109.1   physical, mental, or emotional condition because the child's 
109.2   parent, guardian, or custodian is unable or unwilling to provide 
109.3   that care; 
109.4      (5) is medically neglected, which includes, but is not 
109.5   limited to, the withholding of medically indicated treatment 
109.6   from a disabled infant with a life-threatening condition.  The 
109.7   term "withholding of medically indicated treatment" means the 
109.8   failure to respond to the infant's life-threatening conditions 
109.9   by providing treatment, including appropriate nutrition, 
109.10  hydration, and medication which, in the treating physician's or 
109.11  physicians' reasonable medical judgment, will be most likely to 
109.12  be effective in ameliorating or correcting all conditions, 
109.13  except that the term does not include the failure to provide 
109.14  treatment other than appropriate nutrition, hydration, or 
109.15  medication to an infant when, in the treating physician's or 
109.16  physicians' reasonable medical judgment: 
109.17     (i) the infant is chronically and irreversibly comatose; 
109.18     (ii) the provision of the treatment would merely prolong 
109.19  dying, not be effective in ameliorating or correcting all of the 
109.20  infant's life-threatening conditions, or otherwise be futile in 
109.21  terms of the survival of the infant; or 
109.22     (iii) the provision of the treatment would be virtually 
109.23  futile in terms of the survival of the infant and the treatment 
109.24  itself under the circumstances would be inhumane; 
109.25     (6) is one whose parent, guardian, or other custodian for 
109.26  good cause desires to be relieved of the child's care and 
109.27  custody; 
109.28     (7) has been placed for adoption or care in violation of 
109.29  law; 
109.30     (8) is without proper parental care because of the 
109.31  emotional, mental, or physical disability, or state of 
109.32  immaturity of the child's parent, guardian, or other custodian; 
109.33     (9) is one whose behavior, condition, or environment is 
109.34  such as to be injurious or dangerous to the child or others.  An 
109.35  injurious or dangerous environment may include, but is not 
109.36  limited to, the exposure of a child to criminal activity in the 
110.1   child's home; 
110.2      (10) has committed a delinquent act before becoming ten 
110.3   years old; 
110.4      (11) is a runaway; 
110.5      (12) is an habitual truant; 
110.6      (13) has been found incompetent to proceed or has been 
110.7   found not guilty by reason of mental illness or mental 
110.8   deficiency in connection with a delinquency proceeding, a 
110.9   certification under section 260B.125, an extended jurisdiction 
110.10  juvenile prosecution, or a proceeding involving a juvenile petty 
110.11  offense; or 
110.12     (14) is one whose custodial parent's parental rights to 
110.13  another child have been involuntarily terminated within the past 
110.14  five years.  [260.015, subd. 2a] 
110.15     Subd. 5.  [CHILD-PLACING AGENCY.] "Child-placing agency" 
110.16  means anyone licensed under sections 245A.01 to 245A.16 and 
110.17  252.28, subdivision 2.  [260.015, subd. 3] 
110.18     Subd. 6.  [COURT.] "Court" means juvenile court unless 
110.19  otherwise specified in this section.  [260.015, subd. 4] 
110.20     Subd. 7.  [DELINQUENT CHILD.] "Delinquent child" means a 
110.21  child: 
110.22     (1) who has violated any state or local law, except as 
110.23  provided in section 260B.225, subdivision 1, and except for 
110.24  juvenile offenders as described in subdivisions 18 and 19; or 
110.25     (2) who has violated a federal law or a law of another 
110.26  state and whose case has been referred to the juvenile court if 
110.27  the violation would be an act of delinquency if committed in 
110.28  this state or a crime or offense if committed by an adult.  
110.29  [260.015, subd. 5 (omitting delinquency-related text)] 
110.30     Subd. 8.  [EMOTIONAL MALTREATMENT.] "Emotional 
110.31  maltreatment" means the consistent, deliberate infliction of 
110.32  mental harm on a child by a person responsible for the child's 
110.33  care, that has an observable, sustained, and adverse effect on 
110.34  the child's physical, mental, or emotional development. 
110.35  "Emotional maltreatment" does not include reasonable training or 
110.36  discipline administered by the person responsible for the 
111.1   child's care or the reasonable exercise of authority by that 
111.2   person.  [260.015, subd. 5a] 
111.3      Subd. 9.  [FOSTER CARE.] "Foster care" means the 24 hour a 
111.4   day care of a child in any facility which for gain or otherwise 
111.5   regularly provides one or more children, when unaccompanied by 
111.6   their parents, with a substitute for the care, food, lodging, 
111.7   training, education, supervision or treatment they need but 
111.8   which for any reason cannot be furnished by their parents or 
111.9   legal guardians in their homes.  [260.015, subd. 7] 
111.10     Subd. 10.  [LEGAL CUSTODY.] "Legal custody" means the right 
111.11  to the care, custody, and control of a child who has been taken 
111.12  from a parent by the court in accordance with the provisions of 
111.13  section 260C.201 or 260C.317.  The expenses of legal custody are 
111.14  paid in accordance with the provisions of section 260C.331.  
111.15  [260.015, subd. 8 (omitting delinquency-related text)] 
111.16     Subd. 11.  [MINOR.] "Minor" means an individual under 18 
111.17  years of age.  [260.015, subd. 9] 
111.18     Subd. 12.  [PARENT.] "Parent" means the birth or adoptive 
111.19  parent of a minor.  For an Indian child, parent includes any 
111.20  Indian person who has adopted a child by tribal law or custom, 
111.21  as provided in section 260.755, subdivision 14.  [260.015, subd. 
111.22  11] 
111.23     Subd. 13.  [PERSON.] "Person" includes any individual, 
111.24  association, corporation, partnership, and the state or any of 
111.25  its political subdivisions, departments, or agencies.  [260.015, 
111.26  subd. 12] 
111.27     Subd. 14.  [RELATIVE.] "Relative" means a parent, 
111.28  stepparent, grandparent, brother, sister, uncle, or aunt of the 
111.29  minor.  This relationship may be by blood or marriage.  For an 
111.30  Indian child, relative includes members of the extended family 
111.31  as defined by the law or custom of the Indian child's tribe or, 
111.32  in the absence of laws or custom, nieces, nephews, or first or 
111.33  second cousins, as provided in the Indian Child Welfare Act of 
111.34  1978, United States Code, title 25, section 1903.  For purposes 
111.35  of dispositions, relative has the meaning given in section 
111.36  260.181, subdivision 3.  [260.015, subd. 13] 
112.1      Subd. 15.  [CUSTODIAN.] "Custodian" means any person who is 
112.2   under a legal obligation to provide care and support for a minor 
112.3   or who is in fact providing care and support for a minor.  This 
112.4   subdivision does not impose upon persons who are not otherwise 
112.5   legally responsible for providing a child with necessary food, 
112.6   clothing, shelter, education, or medical care a duty to provide 
112.7   that care.  For an Indian child, custodian means any Indian 
112.8   person who has legal custody of an Indian child under tribal law 
112.9   or custom or under state law or to whom temporary physical care, 
112.10  custody, and control has been transferred by the parent of the 
112.11  child, as provided in section 260.755, subdivision 10.  
112.12  [260.015, subd. 14] 
112.13     Subd. 16.  [SHELTER CARE FACILITY.] "Shelter care facility" 
112.14  means a physically unrestricting facility, such as but not 
112.15  limited to, a hospital, a group home or a licensed facility for 
112.16  foster care, used for the temporary care of a child pending 
112.17  court action.  [260.015, subd. 17] 
112.18     Subd. 17.  [NEGLECTED AND IN FOSTER CARE.] "Neglected and 
112.19  in foster care" means a child 
112.20     (a) Who has been placed in foster care by court order; and 
112.21     (b) Whose parents' circumstances, condition, or conduct are 
112.22  such that the child cannot be returned to them; and 
112.23     (c) Whose parents, despite the availability of needed 
112.24  rehabilitative services, have failed to make reasonable efforts 
112.25  to adjust their circumstances, condition or conduct, or have 
112.26  willfully failed to meet reasonable expectations with regard to 
112.27  visiting the child or providing financial support for the child. 
112.28  [260.015, subd. 18] 
112.29     Subd. 18.  [HABITUAL TRUANT.] "Habitual truant" means a 
112.30  child under the age of 16 years who is absent from attendance at 
112.31  school without lawful excuse for seven school days if the child 
112.32  is in elementary school or for one or more class periods on 
112.33  seven school days if the child is in middle school, junior high 
112.34  school, or high school.  [260.015, subd. 19] 
112.35     Subd. 19.  [RUNAWAY.] "Runaway" means an unmarried child 
112.36  under the age of 18 years who is absent from the home of a 
113.1   parent or other lawful placement without the consent of the 
113.2   parent, guardian, or lawful custodian.  [260.015, subd. 20] 
113.3      Subd. 20.  [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 
113.4   means:  
113.5      (1) any physical injury to a minor family or household 
113.6   member inflicted by an adult family or household member other 
113.7   than by accidental means; or 
113.8      (2) subjection of a minor family or household member by an 
113.9   adult family or household member to any act which constitutes a 
113.10  violation of sections 609.321 to 609.324, 609.342, 609.343, 
113.11  609.344, 609.345, or 617.246.  [260.015, subd. 24] 
113.12     Subd. 21.  [FAMILY OR HOUSEHOLD MEMBERS.] "Family or 
113.13  household members" means spouses, former spouses, parents and 
113.14  children, persons related by blood, and persons who are 
113.15  presently residing together or who have resided together in the 
113.16  past, and persons who have a child in common regardless of 
113.17  whether they have been married or have lived together at any 
113.18  time.  [260.015, subd. 25] 
113.19     Subd. 22.  [INDIAN.] "Indian," consistent with section 
113.20  260.755, subdivision 7, means a person who is a member of an 
113.21  Indian tribe or who is an Alaskan native and a member of a 
113.22  regional corporation as defined in section 7 of the Alaska 
113.23  Native Claims Settlement Act, United States Code, title 43, 
113.24  section 1606.  [260.015, subd. 26] 
113.25     Subd. 23.  [INDIAN CHILD.] "Indian child," consistent with 
113.26  section 260.755, subdivision 8, means an unmarried person who is 
113.27  under age 18 and is: 
113.28     (1) a member of an Indian tribe; or 
113.29     (2) eligible for membership in an Indian tribe.  [260.015, 
113.30  subd. 27] 
113.31     Subd. 24.  [CHILD ABUSE.] "Child abuse" means an act that 
113.32  involves a minor victim and that constitutes a violation of 
113.33  section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
113.34  609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 
113.35  609.378, or 617.246.  [260.015, subd. 28] 
113.36     Subd. 25.  [EGREGIOUS HARM.] "Egregious harm" means the 
114.1   infliction of bodily harm to a child or neglect of a child which 
114.2   demonstrates a grossly inadequate ability to provide minimally 
114.3   adequate parental care.  The egregious harm need not have 
114.4   occurred in the state or in the county where a termination of 
114.5   parental rights action is otherwise properly venued.  Egregious 
114.6   harm includes, but is not limited to: 
114.7      (1) conduct towards a child that constitutes a violation of 
114.8   sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
114.9   any other similar law of any other state; 
114.10     (2) the infliction of "substantial bodily harm" to a child, 
114.11  as defined in section 609.02, subdivision 8; 
114.12     (3) conduct towards a child that constitutes felony 
114.13  malicious punishment of a child under section 609.377; 
114.14     (4) conduct towards a child that constitutes felony 
114.15  unreasonable restraint of a child under section 609.255, 
114.16  subdivision 3; 
114.17     (5) conduct towards a child that constitutes felony neglect 
114.18  or endangerment of a child under section 609.378; 
114.19     (6) conduct towards a child that constitutes assault under 
114.20  section 609.221, 609.222, or 609.223; 
114.21     (7) conduct towards a child that constitutes solicitation, 
114.22  inducement, or promotion of prostitution under section 609.322; 
114.23     (8) conduct towards a child that constitutes receiving 
114.24  profit derived from prostitution under section 609.323; or 
114.25     (9) conduct toward a child that constitutes a violation of 
114.26  United States Code, title 18, section 1111(a) or 1112(a).  
114.27  [260.015, subd. 29] 
114.28     Sec. 3.  [260C.050] [EXPERT ASSISTANCE.] 
114.29     In any county the court may provide for the physical and 
114.30  mental diagnosis of cases of minors who are believed to be 
114.31  physically handicapped, mentally ill, or mentally retarded, and 
114.32  for such purpose may appoint professionally qualified persons, 
114.33  whose compensation shall be fixed by the judge with the approval 
114.34  of the county board.  [260.092] 
114.35     Sec. 4.  [260C.101] [JURISDICTION.] 
114.36     Subdivision 1.  [CHILDREN IN NEED OF PROTECTION OR 
115.1   SERVICES, OR NEGLECTED AND IN FOSTER CARE.] The juvenile court 
115.2   has original and exclusive jurisdiction in proceedings 
115.3   concerning any child who is alleged to be in need of protection 
115.4   or services, or neglected and in foster care.  [260.111, subd. 1 
115.5   (omitting delinquency-related text)] 
115.6      Subd. 2.  [JURISDICTION OVER OTHER MATTERS RELATING TO 
115.7   CHILDREN.] Except as provided in clause (d), the juvenile court 
115.8   has original and exclusive jurisdiction in proceedings 
115.9   concerning: 
115.10     (a) The termination of parental rights to a child in 
115.11  accordance with the provisions of sections 260C.301 to 260C.328. 
115.12     (b) The appointment and removal of a juvenile court 
115.13  guardian of the person for a child, where parental rights have 
115.14  been terminated under the provisions of sections 260C.301 to 
115.15  260C.328. 
115.16     (c) Judicial consent to the marriage of a child when 
115.17  required by law. 
115.18     (d) The review of the foster care status of a child who has 
115.19  been placed in a residential facility, as defined in section 
115.20  260C.212, subdivision 1, pursuant to a voluntary release by the 
115.21  child's parent or parents.  [260.111, subd. 2 (omitting 
115.22  delinquency-related text)] 
115.23     Subd. 3.  [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 
115.24  CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 
115.25  concerning any alleged acts of domestic child abuse.  In a 
115.26  jurisdiction which utilizes referees in child in need of 
115.27  protection or services matters, the court or judge may refer 
115.28  actions under this subdivision to a referee to take and report 
115.29  the evidence in the action.  If the respondent does not appear 
115.30  after service is duly made and proved, the court may hear and 
115.31  determine the proceeding as a default matter.  Proceedings under 
115.32  this subdivision shall be given docket priority by the court.  
115.33  [260.111, subd. 3] 
115.34     Subd. 4.  [JURISDICTION OVER PARENTS AND GUARDIANS.] A 
115.35  parent, guardian, or custodian of a child who is subject to the 
115.36  jurisdiction of the court is also subject to the jurisdiction of 
116.1   the court in any matter in which that parent, guardian, or 
116.2   custodian has a right to notice under section 260C.151 or 
116.3   260C.152, or the right to participate under section 260.155.  In 
116.4   any proceeding concerning a child alleged to be in need of 
116.5   protection or services, the court has jurisdiction over a 
116.6   parent, guardian, or custodian for the purposes of a disposition 
116.7   order issued under section 260C.201, subdivision 6.  [260.111, 
116.8   subd. 4] 
116.9      Subd. 5.  [JURISDICTION OVER INDIAN CHILDREN.] In a child 
116.10  in need of protection or services proceeding, when an Indian 
116.11  child is a ward of a tribal court with federally recognized 
116.12  child welfare jurisdiction, the Indian tribe retains exclusive 
116.13  jurisdiction notwithstanding the residence or domicile of an 
116.14  Indian child, as provided in the Indian Child Welfare Act of 
116.15  1978, United States Code, title 25, section 1911.  [260.111, 
116.16  subd. 5] 
116.17     Sec. 5.  [260C.121] [VENUE.] 
116.18     Subdivision 1.  [VENUE.] When it is alleged that a child is 
116.19  in need of protection or services, venue may be in the county 
116.20  where the child is found, in the county of residence, or in the 
116.21  county where the alleged conditions causing the child's need for 
116.22  protection or services occurred.  [260.121, subd. 1 (omitting 
116.23  delinquency-related text)] 
116.24     Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
116.25  transfer any proceedings brought under section 260C.101, except 
116.26  adoptions, to the juvenile court of a county having venue as 
116.27  provided in subdivision 1, at any stage of the proceedings and 
116.28  in the following manner.  When it appears that the best 
116.29  interests of the child, society, or the convenience of 
116.30  proceedings will be served by a transfer, the court may transfer 
116.31  the case to the juvenile court of the county of the child's 
116.32  residence.  The court transfers the case by ordering a 
116.33  continuance and by forwarding to the court administrator of the 
116.34  appropriate juvenile court a certified copy of all papers filed, 
116.35  together with an order of transfer.  The judge of the receiving 
116.36  court may accept the findings of the transferring court or may 
117.1   direct the filing of a new petition or notice under section 
117.2   260C.143 and hear the case anew.  [260.121, subd. 2 (omitting 
117.3   delinquency-related text)] 
117.4      Subd. 3.  [RESIDENT OF ANOTHER STATE.] If it appears at any 
117.5   stage of the proceeding that a child before the court is a 
117.6   resident of another state, the court may invoke the provisions 
117.7   of the interstate compact on juveniles or, if it is in the best 
117.8   interests of the child or the public to do so, the court may 
117.9   place the child in the custody of the child's parent, guardian, 
117.10  or custodian, if the parent, guardian, or custodian agrees to 
117.11  accept custody of the child and return the child to their state. 
117.12  [260.121, subd. 3 (omitting delinquency-related text)] 
117.13     Sec. 6.  [260C.141] [PETITION.] 
117.14     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
117.15  reputable person, including but not limited to any agent of the 
117.16  commissioner of human services, having knowledge of a child in 
117.17  this state or of a child who is a resident of this state, who 
117.18  appears to be in need of protection or services or neglected and 
117.19  in foster care, may petition the juvenile court in the manner 
117.20  provided in this section. 
117.21     (b) A petition for a child in need of protection filed by 
117.22  an individual who is not a county attorney or an agent of the 
117.23  commissioner of human services shall be filed on a form 
117.24  developed by the state court administrator and provided to court 
117.25  administrators.  Copies of the form may be obtained from the 
117.26  court administrator in each county.  The court administrator 
117.27  shall review the petition before it is filed to determine that 
117.28  it is completed.  The court administrator may reject the 
117.29  petition if it does not indicate that the petitioner has 
117.30  contacted the local social service agency. 
117.31     An individual may file a petition under this subdivision 
117.32  without seeking internal review of the local social service 
117.33  agency's decision.  The court shall determine whether there is 
117.34  probable cause to believe that a need for protection or services 
117.35  exists before the matter is set for hearing.  If the matter is 
117.36  set for hearing, the court administrator shall notify the local 
118.1   social service agency by sending notice to the county attorney. 
118.2      The petition must contain: 
118.3      (1) a statement of facts that would establish, if proven, 
118.4   that there is a need for protection or services for the child 
118.5   named in the petition; 
118.6      (2) a statement that petitioner has reported the 
118.7   circumstances underlying the petition to the local social 
118.8   service agency, and protection or services were not provided to 
118.9   the child; 
118.10     (3) a statement whether there are existing juvenile or 
118.11  family court custody orders or pending proceedings in juvenile 
118.12  or family court concerning the child; and 
118.13     (4) a statement of the relationship of the petitioner to 
118.14  the child and any other parties. 
118.15     The court may not allow a petition to proceed under this 
118.16  paragraph if it appears that the sole purpose of the petition is 
118.17  to modify custody between the parents.  [260.131, subd. 1 
118.18  (omitting delinquency-related text)] 
118.19     Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
118.20  service agency responsible for the placement of a child in a 
118.21  residential facility, as defined in section 260C.212, 
118.22  subdivision 1, pursuant to a voluntary release by the child's 
118.23  parent or parents may bring a petition in juvenile court to 
118.24  review the foster care status of the child in the manner 
118.25  provided in this section.  [260.131, subd. 1a] 
118.26     Subd. 3.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
118.27  HABITUAL TRUANT.] If there is a school attendance review board 
118.28  or county attorney mediation program operating in the child's 
118.29  school district, a petition alleging that a child is in need of 
118.30  protection or services as a habitual truant under section 
118.31  260C.007, subdivision 4, clause (12), may not be filed until the 
118.32  applicable procedures under section 260A.06 or 260A.07 have been 
118.33  exhausted.  [260.131, subd. 1b] 
118.34     Subd. 4.  [VERIFICATION OF PETITION.] The petition shall be 
118.35  verified by the person having knowledge of the facts and may be 
118.36  on information and belief.  Unless otherwise provided by this 
119.1   section or by rule or order of the court, the county attorney 
119.2   shall draft the petition upon the showing of reasonable grounds 
119.3   to support the petition.  [260.131, subd. 2] 
119.4      Subd. 5.  [FORM OF PETITION.] The petition and all 
119.5   subsequent court documents shall be entitled substantially as 
119.6   follows: 
119.7      "Juvenile Court, County of ................. 
119.8      In the matter of the welfare of ..........." 
119.9      The petition shall set forth plainly: 
119.10     (a) The facts which bring the child within the jurisdiction 
119.11  of the court; 
119.12     (b) The name, date of birth, residence, and post office 
119.13  address of the child; 
119.14     (c) The names, residences, and post office addresses of the 
119.15  child's parents; 
119.16     (d) The name, residence, and post office address of the 
119.17  child's guardian if there be one, of the person having custody 
119.18  or control of the child, and of the nearest known relative if no 
119.19  parent or guardian can be found; 
119.20     (e) The spouse of the child, if there be one.  If any of 
119.21  the facts required by the petition are not known or cannot be 
119.22  ascertained by the petitioner, the petition shall so state.  
119.23  [260.131, subd. 3] 
119.24     Sec. 7.  [260C.143] [PROCEDURE; HABITUAL TRUANTS, RUNAWAYS, 
119.25  OFFENDERS.] 
119.26     Subdivision 1.  [NOTICE.] When a peace officer, or 
119.27  attendance officer in the case of a habitual truant, has 
119.28  probable cause to believe that a child is in need of protection 
119.29  or services under section 260C.007, subdivision 4, clause (11) 
119.30  or (12), the officer may issue a notice to the child to appear 
119.31  in juvenile court in the county in which the child is found or 
119.32  in the county of the child's residence.  If there is a school 
119.33  attendance review board or county attorney mediation program 
119.34  operating in the child's school district, a notice to appear in 
119.35  juvenile court for a habitual truant may not be issued until the 
119.36  applicable procedures under section 260A.06 or 260A.07 have been 
120.1   exhausted.  The officer shall file a copy of the notice to 
120.2   appear with the juvenile court of the appropriate county.  If a 
120.3   child fails to appear in response to the notice, the court may 
120.4   issue a summons notifying the child of the nature of the offense 
120.5   alleged and the time and place set for the hearing.  If the 
120.6   peace officer finds it necessary to take the child into custody, 
120.7   sections 260C.175 and 260C.176 shall apply.  [260.132, subd. 1 
120.8   (omitting delinquency-related text)] 
120.9      Subd. 2.  [EFFECT OF NOTICE.] Filing with the court a 
120.10  notice to appear containing the name and address of the child, 
120.11  specifying the offense alleged and the time and place it was 
120.12  committed, has the effect of a petition giving the juvenile 
120.13  court jurisdiction.  In the case of running away, the place 
120.14  where the offense was committed may be stated in the notice as 
120.15  either the child's custodial parent's or guardian's residence or 
120.16  lawful placement or where the child was found by the officer.  
120.17  In the case of truancy, the place where the offense was 
120.18  committed may be stated as the school or the place where the 
120.19  child was found by the officer.  [260.132, subd. 2] 
120.20     Subd. 3.  [NOTICE TO PARENT.] Whenever a notice to appear 
120.21  or petition is filed alleging that a child is in need of 
120.22  protection or services under section 260C.007, subdivision 4, 
120.23  clause (11) or (12), the court shall summon and notify the 
120.24  person or persons having custody or control of the child of the 
120.25  nature of the offense alleged and the time and place of 
120.26  hearing.  This summons and notice shall be served in the time 
120.27  and manner provided in section 260C.151, subdivision 1.  
120.28  [260.132, subd. 3 (omitting delinquency-related text)] 
120.29     Subd. 4.  [TRUANT.] When a peace officer or probation 
120.30  officer has probable cause to believe that a child is currently 
120.31  under age 16 and absent from school without lawful excuse, the 
120.32  officer may transport the child to the child's home and deliver 
120.33  the child to the custody of the child's parent or guardian, 
120.34  transport the child to the child's school of enrollment and 
120.35  deliver the child to the custody of a school superintendent or 
120.36  teacher or transport the child to a truancy service center under 
121.1   section 260A.04, subdivision 3.  [260.132, subd. 4] 
121.2      Sec. 8.  [260C.148] [PROCEDURE; DOMESTIC CHILD ABUSE.] 
121.3      Subdivision 1.  [PETITION.] The local welfare agency may 
121.4   bring an emergency petition on behalf of minor family or 
121.5   household members seeking relief from acts of domestic child 
121.6   abuse.  The petition shall allege the existence of or immediate 
121.7   and present danger of domestic child abuse, and shall be 
121.8   accompanied by an affidavit made under oath stating the specific 
121.9   facts and circumstances from which relief is sought.  [260.133, 
121.10  subd. 1] 
121.11     Subd. 2.  [TEMPORARY ORDER.] (a) If it appears from the 
121.12  notarized petition or by sworn affidavit that there are 
121.13  reasonable grounds to believe the child is in immediate and 
121.14  present danger of domestic child abuse, the court may grant an 
121.15  ex parte temporary order for protection, pending a full 
121.16  hearing.  The court may grant relief as it deems proper, 
121.17  including an order:  
121.18     (1) restraining any party from committing acts of domestic 
121.19  child abuse; or 
121.20     (2) excluding the alleged abusing party from the dwelling 
121.21  which the family or household members share or from the 
121.22  residence of the child.  
121.23     (b) However, no order excluding the alleged abusing party 
121.24  from the dwelling may be issued unless the court finds that:  
121.25     (1) the order is in the best interests of the child or 
121.26  children remaining in the dwelling; and 
121.27     (2) a remaining adult family or household member is able to 
121.28  care adequately for the child or children in the absence of the 
121.29  excluded party.  
121.30     Before the temporary order is issued, the local welfare 
121.31  agency shall advise the court and the other parties who are 
121.32  present that appropriate social services will be provided to the 
121.33  family or household members during the effective period of the 
121.34  order.  
121.35     An ex parte temporary order for protection shall be 
121.36  effective for a fixed period not to exceed 14 days.  Within five 
122.1   days of the issuance of the temporary order, the petitioner 
122.2   shall file a petition with the court pursuant to section 
122.3   260C.141, alleging that the child is in need of protection or 
122.4   services and the court shall give docket priority to the 
122.5   petition.  
122.6      The court may renew the temporary order for protection one 
122.7   time for a fixed period not to exceed 14 days if a petition 
122.8   alleging that the child is in need of protection or services has 
122.9   been filed with the court and if the court determines, upon 
122.10  informal review of the case file, that the renewal is 
122.11  appropriate.  [260.133, subd. 2] 
122.12     Subd. 3.  [SERVICE AND EXECUTION OF ORDER.] Any order 
122.13  issued under this section or section 260C.201, subdivision 3, 
122.14  shall be served personally upon the respondent.  Where 
122.15  necessary, the court shall order the sheriff or constable to 
122.16  assist in service or execution of the order.  [260.133, subd. 3] 
122.17     Subd. 4.  [MODIFICATION OF ORDER.] Upon application, notice 
122.18  to all parties, and hearing, the court may modify the terms of 
122.19  an existing order for protection issued under this section or 
122.20  section 260C.201, subdivision 3.  [260.133, subd. 4] 
122.21     Subd. 5.  [RIGHT TO APPLY FOR RELIEF.] The local welfare 
122.22  agency's right to apply for relief on behalf of a child shall 
122.23  not be affected by the child's leaving the dwelling or household 
122.24  to avoid abuse.  [260.133, subd. 5] 
122.25     Subd. 6.  [REAL ESTATE.] Nothing in this section or section 
122.26  260C.201, subdivision 3, shall affect the title to real estate.  
122.27  [260.133, subd. 6] 
122.28     Subd. 7.  [OTHER REMEDIES AVAILABLE.] Any relief ordered 
122.29  under this section or section 260C.201, subdivision 3, shall be 
122.30  in addition to other available civil or criminal remedies.  
122.31  [260.133, subd. 7] 
122.32     Subd. 8.  [COPY TO LAW ENFORCEMENT AGENCY.] An order for 
122.33  protection granted pursuant to this section or section 260C.201, 
122.34  subdivision 3, shall be forwarded by the court administrator 
122.35  within 24 hours to the local law enforcement agency with 
122.36  jurisdiction over the residence of the child.  
123.1      Each appropriate law enforcement agency shall make 
123.2   available to other law enforcement officers through a system of 
123.3   verification, information as to the existence and status of any 
123.4   order for protection issued pursuant to this section or section 
123.5   260C.201, subdivision 3.  [260.133, subd. 8] 
123.6      Sec. 9.  [260C.151] [SUMMONS; NOTICE.] 
123.7      Subdivision 1.  [ISSUANCE OF SUMMONS.] After a petition has 
123.8   been filed and unless the parties hereinafter named voluntarily 
123.9   appear, the court shall set a time for a hearing and shall issue 
123.10  a summons requiring the person who has custody or control of the 
123.11  child to appear with the child before the court at a time and 
123.12  place stated.  The summons shall have a copy of the petition 
123.13  attached, and shall advise the parties of the right to counsel 
123.14  and of the consequences of failure to obey the summons.  The 
123.15  court shall give docket priority to any child in need of 
123.16  protection or services or neglected and in foster care, that 
123.17  contains allegations of child abuse over any other case.  As 
123.18  used in this subdivision, "child abuse" has the meaning given it 
123.19  in section 630.36, subdivision 2.  [260.135, subd. 1 (omitting 
123.20  delinquency-related text)] 
123.21     Subd. 2.  [NOTICE OF PENDENCY OF CASE.] The court shall 
123.22  have notice of the pendency of the case and of the time and 
123.23  place of the hearing served upon a parent, guardian, or spouse 
123.24  of the child, who has not been summoned as provided in 
123.25  subdivision 1.  For an Indian child, notice of all proceedings 
123.26  must comply with the Indian Child Welfare Act of 1978, United 
123.27  States Code, title 25, section 1901, et seq., and section 
123.28  260.765.  [260.135, subd. 2] 
123.29     Subd. 3.  [TERMINATION OF PARENTAL RIGHTS.] If a petition 
123.30  alleging a child's need for protection or services, or a 
123.31  petition to terminate parental rights is initiated by a person 
123.32  other than a representative of the department of human services 
123.33  or local social services agency, the court administrator shall 
123.34  notify the local social services agency of the pendency of the 
123.35  case and of the time and place appointed.  [260.135, subd. 3] 
123.36     Subd. 4.  [ISSUANCE OF SUBPOENA.] The court may issue a 
124.1   subpoena requiring the appearance of any other person whose 
124.2   presence, in the opinion of the court, is necessary.  [260.135, 
124.3   subd. 4] 
124.4      Subd. 5.  [IMMEDIATE CUSTODY.] If it appears from the 
124.5   notarized petition or by sworn affidavit that there are 
124.6   reasonable grounds to believe the child is in surroundings or 
124.7   conditions which endanger the child's health, safety or welfare 
124.8   and require that the child's custody be immediately assumed by 
124.9   the court, the court may order, by endorsement upon the summons, 
124.10  that the officer serving the summons shall take the child into 
124.11  immediate custody.  [260.135, subd. 5] 
124.12     Sec. 10.  [260C.152] [SERVICE OF SUMMONS, NOTICE.] 
124.13     Subdivision 1.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
124.14  SERVICE.] The service of a summons or a notice in lieu of 
124.15  summons shall be as provided in the rules of juvenile 
124.16  procedure.  [260.141, subd. 1a] 
124.17     Subd. 2.  [SERVICE; FEES.] Service of summons, notice, or 
124.18  subpoena required by sections 260C.151 to 260C.307 shall be made 
124.19  by any suitable person under the direction of the court, and 
124.20  upon request of the court shall be made by a probation officer 
124.21  or any peace officer.  The fees and mileage of witnesses shall 
124.22  be paid by the county if the subpoena is issued by the court on 
124.23  its own motion or at the request of the county attorney.  All 
124.24  other fees shall be paid by the party requesting the subpoena 
124.25  unless otherwise ordered by the court.  [260.141, subd. 2] 
124.26     Subd. 3.  [NOTIFICATION.] In any proceeding regarding a 
124.27  child in need of protection or services in a state court, where 
124.28  the court knows or has reason to know that an Indian child is 
124.29  involved, the prosecuting authority seeking the foster care 
124.30  placement of, or termination of parental rights to an Indian 
124.31  child, shall notify the parent or Indian custodian and the 
124.32  Indian child's tribe of the pending proceedings and of their 
124.33  right of intervention.  The notice must be provided by 
124.34  registered mail with return receipt requested unless personal 
124.35  service is accomplished.  If the identity or location of the 
124.36  parent or Indian custodian and the tribe cannot be determined, 
125.1   the notice shall be given to the Secretary of the Interior of 
125.2   the United States in like manner, according to the Indian Child 
125.3   Welfare Act of 1978, United States Code, title 25, section 
125.4   1912.  No foster care placement proceeding or termination of 
125.5   parental rights proceeding shall be held until at least ten days 
125.6   after receipt of notice by the parent or Indian custodian and 
125.7   the tribe or the Secretary.  However, the parent or Indian 
125.8   custodian or the tribe shall, upon request, be granted up to 20 
125.9   additional days to prepare for the proceeding.  [260.141, subd. 
125.10  2a] 
125.11     Subd. 4.  [PROOF OF SERVICE.] Proof of the service required 
125.12  by this section shall be made by the person having knowledge 
125.13  thereof.  [260.141, subd. 3] 
125.14     Sec. 11.  [260C.154] [FAILURE TO OBEY SUMMONS OR SUBPOENA; 
125.15  CONTEMPT, ARREST.] 
125.16     If any person personally served with summons or subpoena 
125.17  fails, without reasonable cause, to appear or bring the child, 
125.18  or if the court has reason to believe the person is avoiding 
125.19  personal service, the person may be proceeded against for 
125.20  contempt of court or the court may issue a warrant for the 
125.21  person's arrest, or both.  In any case when it appears to the 
125.22  court that the service will be ineffectual, or that the welfare 
125.23  of the child requires that the child be brought forthwith into 
125.24  the custody of the court, the court may issue a warrant for 
125.25  immediate custody of the child.  [260.145 (omitting 
125.26  delinquency-related text)] 
125.27     Sec. 12.  [260C.157] [INVESTIGATION; PHYSICAL AND MENTAL 
125.28  EXAMINATION.] 
125.29     Subdivision 1.  [INVESTIGATION.] Upon request of the court 
125.30  the local social services agency or probation officer shall 
125.31  investigate the personal and family history and environment of 
125.32  any minor coming within the jurisdiction of the court under 
125.33  section 260C.101 and shall report its findings to the court.  
125.34  The court may order any minor coming within its jurisdiction to 
125.35  be examined by a duly qualified physician, psychiatrist, or 
125.36  psychologist appointed by the court. 
126.1      Adoption investigations shall be conducted in accordance 
126.2   with the laws relating to adoptions.  Any funds received under 
126.3   the provisions of this subdivision shall not cancel until the 
126.4   end of the fiscal year immediately following the fiscal year in 
126.5   which the funds were received.  The funds are available for use 
126.6   by the commissioner of corrections during that period and are 
126.7   hereby appropriated annually to the commissioner of corrections 
126.8   as reimbursement of the costs of providing these services to the 
126.9   juvenile courts.  [260.151, subd. 1 (omitting 
126.10  delinquency-related text)] 
126.11     Subd. 2.  [PETITION REQUIREMENT.] The court may proceed as 
126.12  described in subdivision 1 only after a petition has been 
126.13  filed.  [260.151, subd. 2 (omitting delinquency-related text)] 
126.14     Subd. 3.  [JUVENILE TREATMENT SCREENING TEAM.] (a) The 
126.15  local social services agency, at its option, may establish a 
126.16  juvenile treatment screening team to conduct screenings and 
126.17  prepare case plans under this subdivision.  The team, which may 
126.18  be the team constituted under section 245.4885 or 256B.092 or 
126.19  Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 
126.20  social workers, juvenile justice professionals, and persons with 
126.21  expertise in the treatment of juveniles who are emotionally 
126.22  disabled, chemically dependent, or have a developmental 
126.23  disability.  The team shall involve parents or guardians in the 
126.24  screening process as appropriate.  
126.25     (b) This paragraph applies only in counties that have 
126.26  established a juvenile treatment screening team under paragraph 
126.27  (a).  If the court, prior to, or as part of, a final 
126.28  disposition, proposes to place a child for the primary purpose 
126.29  of treatment for an emotional disturbance, a developmental 
126.30  disability, or chemical dependency in a residential treatment 
126.31  facility out of state or in one which is within the state and 
126.32  licensed by the commissioner of human services under chapter 
126.33  245A, the court shall notify the county welfare agency.  The 
126.34  county's juvenile treatment screening team must either:  (1) 
126.35  screen and evaluate the child and file its recommendations with 
126.36  the court within 14 days of receipt of the notice; or (2) elect 
127.1   not to screen a given case, and notify the court of that 
127.2   decision within three working days.  
127.3      (c) If the screening team has elected to screen and 
127.4   evaluate the child, the child may not be placed for the primary 
127.5   purpose of treatment for an emotional disturbance, a 
127.6   developmental disability, or chemical dependency, in a 
127.7   residential treatment facility out of state nor in a residential 
127.8   treatment facility within the state that is licensed under 
127.9   chapter 245A, unless one of the following conditions applies:  
127.10     (1) a treatment professional certifies that an emergency 
127.11  requires the placement of the child in a facility within the 
127.12  state; 
127.13     (2) the screening team has evaluated the child and 
127.14  recommended that a residential placement is necessary to meet 
127.15  the child's treatment needs and the safety needs of the 
127.16  community, that it is a cost-effective means of meeting the 
127.17  treatment needs, and that it will be of therapeutic value to the 
127.18  child; or 
127.19     (3) the court, having reviewed a screening team 
127.20  recommendation against placement, determines to the contrary 
127.21  that a residential placement is necessary.  The court shall 
127.22  state the reasons for its determination in writing, on the 
127.23  record, and shall respond specifically to the findings and 
127.24  recommendation of the screening team in explaining why the 
127.25  recommendation was rejected.  The attorney representing the 
127.26  child and the prosecuting attorney shall be afforded an 
127.27  opportunity to be heard on the matter.  [260.151, subd. 3] 
127.28     Sec. 13.  [260C.161] [MENTAL HEALTH SCREENING OF CHILDREN.] 
127.29     Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
127.30  services, in cooperation with the commissioner of corrections, 
127.31  shall establish pilot projects in counties to reduce the 
127.32  recidivism rates of juvenile offenders, by identifying and 
127.33  treating underlying mental health problems that contribute to 
127.34  delinquent behavior and can be addressed through nonresidential 
127.35  services.  At least one of the pilot projects must be in the 
127.36  seven-county metropolitan area and at least one must be in 
128.1   greater Minnesota.  [260.152, subd. 1] 
128.2      Subd. 2.  [PROGRAM COMPONENTS.] (a) The commissioner of 
128.3   human services shall, in consultation with the Indian affairs 
128.4   council, the council on affairs of Chicano/Latino people, the 
128.5   council on Black Minnesotans, and the council on Asian-Pacific 
128.6   Minnesotans, provide grants to the counties for the pilot 
128.7   projects.  The projects shall build upon the existing service 
128.8   capabilities in the community and must include availability of 
128.9   screening for mental health problems of children who are 
128.10  reported as being or found to be in need of protection or 
128.11  services. 
128.12     (b) The projects must include referral for mental health 
128.13  assessment of all children for whom the screening indicates a 
128.14  need.  This assessment is to be provided by the appropriate 
128.15  mental health professional.  If the child is of a minority race 
128.16  or minority ethnic heritage, the mental health professional must 
128.17  be skilled in and knowledgeable about the child's racial and 
128.18  ethnic heritage, or must consult with a special mental health 
128.19  consultant who has such knowledge so that the assessment is 
128.20  relevant, culturally specific, and sensitive to the child's 
128.21  cultural needs. 
128.22     (c) Upon completion of the assessment, the project must 
128.23  provide or ensure access to nonresidential mental health 
128.24  services identified as needed in the assessment.  [260.152, 
128.25  subd. 2 (omitting delinquency-related text)] 
128.26     Subd. 3.  [SCREENING TOOL.] The commissioner of human 
128.27  services and the commissioner of corrections, in consultation 
128.28  with the Indian affairs council, the council on affairs of 
128.29  Chicano/Latino people, the council on Black Minnesotans, and the 
128.30  council on Asian-Pacific Minnesotans, shall jointly develop a 
128.31  model screening tool to screen children to determine if a mental 
128.32  health assessment is needed.  This tool must contain specific 
128.33  questions to identify potential mental health problems.  In 
128.34  implementing a pilot project, a county must either use this 
128.35  model tool or another screening tool approved by the 
128.36  commissioner of human services which meets the requirements of 
129.1   this section.  [260.152, subd. 3] 
129.2      Subd. 4.  [PROGRAM REQUIREMENTS.] To receive funds, the 
129.3   county program proposal shall be a joint proposal with all 
129.4   affected local agencies, resulting in part from consultation 
129.5   with the local coordinating council established under section 
129.6   245.4873, subdivision 3, and the local mental health advisory 
129.7   council established under section 245.4875, subdivision 5, and 
129.8   shall contain the following: 
129.9      (1) evidence of interagency collaboration by all publicly 
129.10  funded agencies serving children with emotional disturbances, 
129.11  including evidence of consultation with the agencies listed in 
129.12  this section; 
129.13     (2) a signed agreement by the local court services and 
129.14  local mental health and county social service agencies to work 
129.15  together on the following:  development of a program; 
129.16  development of written interagency agreements and protocols to 
129.17  ensure that the mental health needs of children in need of 
129.18  protection or services are identified, addressed, and treated; 
129.19  and development of a procedure for joint evaluation of the 
129.20  program; 
129.21     (3) a description of existing services that will be used in 
129.22  this program; 
129.23     (4) a description of additional services that will be 
129.24  developed with program funds, including estimated costs and 
129.25  numbers of children to be served; and 
129.26     (5) assurances that funds received by a county under this 
129.27  section will not be used to supplant existing mental health 
129.28  funding for which the child is eligible. 
129.29     The commissioner of human services and the commissioner of 
129.30  corrections shall jointly determine the application form, 
129.31  information needed, deadline for application, criteria for 
129.32  awards, and a process for providing technical assistance and 
129.33  training to counties.  The technical assistance shall include 
129.34  information about programs that have been successful in reducing 
129.35  recidivism by juvenile offenders.  [260.152, subd. 4 (omitting 
129.36  delinquency-related text)] 
130.1      Subd. 5.  [INTERAGENCY AGREEMENTS.] To receive funds, the 
130.2   county must agree to develop written interagency agreements 
130.3   between local court services agencies and local county mental 
130.4   health agencies within six months of receiving the initial 
130.5   program funds.  These agreements shall include a description of 
130.6   each local agency's responsibilities, with a detailed assignment 
130.7   of the tasks necessary to implement the program.  The agreement 
130.8   shall state how they will comply with the confidentiality 
130.9   requirements of the participating local agencies.  [260.152, 
130.10  subd. 5] 
130.11     Subd. 6.  [EVALUATION.] The commissioner of human services 
130.12  and the commissioner of corrections shall, in consultation with 
130.13  the Indian affairs council, the council on affairs of 
130.14  Chicano/Latino people, the council on Black Minnesotans, and the 
130.15  council on Asian-Pacific Minnesotans, develop systems and 
130.16  procedures for evaluating the pilot projects.  The departments 
130.17  must develop an interagency management information system to 
130.18  track children who receive mental health services.  The system 
130.19  must be designed to meet the information needs of the agencies 
130.20  involved and to provide a basis for evaluating outcome data.  
130.21  The system must be designed to track the mental health treatment 
130.22  of children released from custody and to improve the planning, 
130.23  delivery, and evaluation of services and increase interagency 
130.24  collaboration.  The evaluation protocol must be designed to 
130.25  measure the impact of the program on juvenile recidivism, school 
130.26  performance, and state and county budgets.  [260.152, subd. 6] 
130.27     Sec. 14.  [260C.163] [HEARING.] 
130.28     Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
130.29  under section 260C.401, hearings on any matter shall be without 
130.30  a jury and may be conducted in an informal manner.  In all 
130.31  adjudicatory proceedings involving a child alleged to be in need 
130.32  of protection or services, the court shall admit only evidence 
130.33  that would be admissible in a civil trial.  To be proved at 
130.34  trial, allegations of a petition alleging a child to be in need 
130.35  of protection or services must be proved by clear and convincing 
130.36  evidence. 
131.1      (b) Except for proceedings involving a child alleged to be 
131.2   in need of protection or services and petitions for the 
131.3   termination of parental rights, hearings may be continued or 
131.4   adjourned from time to time.  In proceedings involving a child 
131.5   alleged to be in need of protection or services and petitions 
131.6   for the termination of parental rights, hearings may not be 
131.7   continued or adjourned for more than one week unless the court 
131.8   makes specific findings that the continuance or adjournment is 
131.9   in the best interests of the child.  If a hearing is held on a 
131.10  petition involving physical or sexual abuse of a child who is 
131.11  alleged to be in need of protection or services or neglected and 
131.12  in foster care, the court shall file the decision with the court 
131.13  administrator as soon as possible but no later than 15 days 
131.14  after the matter is submitted to the court.  When a continuance 
131.15  or adjournment is ordered in any proceeding, the court may make 
131.16  any interim orders as it deems in the best interests of the 
131.17  minor in accordance with the provisions of sections 260C.001 to 
131.18  260C.421. 
131.19     (c) Except as otherwise provided in this paragraph, the 
131.20  court shall exclude the general public from hearings under this 
131.21  chapter and shall admit only those persons who, in the 
131.22  discretion of the court, have a direct interest in the case or 
131.23  in the work of the court. 
131.24     (d) Adoption hearings shall be conducted in accordance with 
131.25  the provisions of laws relating to adoptions.  [260.155, subd. 1 
131.26  (omitting delinquency-related text)] 
131.27     Subd. 2.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
131.28  who is the subject of a petition, and the parents, guardian, or 
131.29  legal custodian of the child have the right to participate in 
131.30  all proceedings on a petition.  Official tribal representatives 
131.31  have the right to participate in any proceeding that is subject 
131.32  to the Indian Child Welfare Act of 1978, United States Code, 
131.33  title 25, sections 1901 to 1963. 
131.34     Any grandparent of the child has a right to participate in 
131.35  the proceedings to the same extent as a parent, if the child has 
131.36  lived with the grandparent within the two years preceding the 
132.1   filing of the petition.  At the first hearing following the 
132.2   filing of a petition, the court shall ask whether the child has 
132.3   lived with a grandparent within the last two years, except that 
132.4   the court need not make this inquiry if the petition states that 
132.5   the child did not live with a grandparent during this time 
132.6   period.  Failure to notify a grandparent of the proceedings is 
132.7   not a jurisdictional defect. 
132.8      If, in a proceeding involving a child in need of protection 
132.9   or services, the local social service agency recommends transfer 
132.10  of permanent legal and physical custody to a relative, the 
132.11  relative has a right to participate as a party, and thereafter 
132.12  shall receive notice of any hearing in the proceedings.  
132.13  [260.155, subd. 1a] 
132.14     Subd. 3.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
132.15  guardian or custodian has the right to effective assistance of 
132.16  counsel in connection with a proceeding in juvenile court. 
132.17     (b) If they desire counsel but are unable to employ it, the 
132.18  court shall appoint counsel to represent the child or the 
132.19  parents or guardian in any case in which it feels that such an 
132.20  appointment is appropriate.  
132.21     (c) Counsel for the child shall not also act as the child's 
132.22  guardian ad litem.  
132.23     (d) In any proceeding where the subject of a petition for a 
132.24  child in need of protection or services is not represented by an 
132.25  attorney, the court shall determine the child's preferences 
132.26  regarding the proceedings, if the child is of suitable age to 
132.27  express a preference.  [260.155, subd. 2 (omitting 
132.28  delinquency-related text)] 
132.29     Subd. 4.  [COUNTY ATTORNEY.] Except in adoption 
132.30  proceedings, the county attorney shall present the evidence upon 
132.31  request of the court.  In representing the agency, the county 
132.32  attorney shall also have the responsibility for advancing the 
132.33  public interest in the welfare of the child.  [260.155, subd. 3] 
132.34     Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
132.35  a guardian ad litem to protect the interests of the minor when 
132.36  it appears, at any stage of the proceedings, that the minor is 
133.1   without a parent or guardian, or that the minor's parent is a 
133.2   minor or incompetent, or that the parent or guardian is 
133.3   indifferent or hostile to the minor's interests, and in every 
133.4   proceeding alleging a child's need for protection or services 
133.5   under section 260C.007, subdivision 4.  In any other case the 
133.6   court may appoint a guardian ad litem to protect the interests 
133.7   of the minor when the court feels that such an appointment is 
133.8   desirable.  The court shall appoint the guardian ad litem on its 
133.9   own motion or in the manner provided for the appointment of a 
133.10  guardian ad litem in the district court.  The court may appoint 
133.11  separate counsel for the guardian ad litem if necessary.  
133.12     (b) A guardian ad litem shall carry out the following 
133.13  responsibilities: 
133.14     (1) conduct an independent investigation to determine the 
133.15  facts relevant to the situation of the child and the family, 
133.16  which must include, unless specifically excluded by the court, 
133.17  reviewing relevant documents; meeting with and observing the 
133.18  child in the home setting and considering the child's wishes, as 
133.19  appropriate; and interviewing parents, caregivers, and others 
133.20  with knowledge relevant to the case; 
133.21     (2) advocate for the child's best interests by 
133.22  participating in appropriate aspects of the case and advocating 
133.23  for appropriate community services when necessary; 
133.24     (3) maintain the confidentiality of information related to 
133.25  a case, with the exception of sharing information as permitted 
133.26  by law to promote cooperative solutions that are in the best 
133.27  interests of the child; 
133.28     (4) monitor the child's best interests throughout the 
133.29  judicial proceeding; and 
133.30     (5) present written reports on the child's best interests 
133.31  that include conclusions and recommendations and the facts upon 
133.32  which they are based. 
133.33     (c) The court may waive the appointment of a guardian ad 
133.34  litem pursuant to clause (a), whenever counsel has been 
133.35  appointed pursuant to subdivision 2 or is retained otherwise, 
133.36  and the court is satisfied that the interests of the minor are 
134.1   protected. 
134.2      (d) In appointing a guardian ad litem pursuant to clause 
134.3   (a), the court shall not appoint the party, or any agent or 
134.4   employee thereof, filing a petition pursuant to section 260C.141.
134.5      (e) The following factors shall be considered when 
134.6   appointing a guardian ad litem in a case involving an Indian or 
134.7   minority child: 
134.8      (1) whether a person is available who is the same racial or 
134.9   ethnic heritage as the child or, if that is not possible; 
134.10     (2) whether a person is available who knows and appreciates 
134.11  the child's racial or ethnic heritage.  [260.155, subd. 4] 
134.12     Subd. 6.  [EXAMINATION OF CHILD.] In any child in need of 
134.13  protection or services proceeding, neglected and in foster care, 
134.14  or termination of parental rights proceeding the court may, on 
134.15  its own motion or the motion of any party, take the testimony of 
134.16  a child witness informally when it is in the child's best 
134.17  interests to do so.  Informal procedures that may be used by the 
134.18  court include taking the testimony of a child witness outside 
134.19  the courtroom.  The court may also require counsel for any party 
134.20  to the proceeding to submit questions to the court before the 
134.21  child's testimony is taken, and to submit additional questions 
134.22  to the court for the witness after questioning has been 
134.23  completed.  The court may excuse the presence of the child's 
134.24  parent, guardian, or custodian from the room where the child is 
134.25  questioned in accordance with subdivision 5.  [260.155, subd. 
134.26  4a] 
134.27     Subd. 7.  [WAIVING THE PRESENCE OF CHILD, PARENT.] The 
134.28  court may waive the presence of the minor in court at any stage 
134.29  of the proceedings when it is in the best interests of the minor 
134.30  to do so.  In any proceeding, the court may temporarily excuse 
134.31  the presence of the parent or guardian of a minor from the 
134.32  hearing when it is in the best interests of the minor to do so.  
134.33  The attorney or guardian ad litem, if any, has the right to 
134.34  continue to participate in proceedings during the absence of the 
134.35  minor, parent, or guardian.  [260.155, subd. 5 (omitting 
134.36  delinquency-related text)] 
135.1      Subd. 8.  [RIGHTS OF THE PARTIES AT THE HEARING.] The minor 
135.2   and the minor's parent, guardian, or custodian are entitled to 
135.3   be heard, to present evidence material to the case, and to cross 
135.4   examine witnesses appearing at the hearing.  [260.155, subd. 6] 
135.5      Subd. 9.  [FACTORS IN DETERMINING NEGLECT.] In determining 
135.6   whether a child is neglected and in foster care, the court shall 
135.7   consider, among other factors, the following: 
135.8      (1) the length of time the child has been in foster care; 
135.9      (2) the effort the parent has made to adjust circumstances, 
135.10  conduct, or condition that necessitates the removal of the child 
135.11  to make it in the child's best interest to be returned to the 
135.12  parent's home in the foreseeable future, including the use of 
135.13  rehabilitative services offered to the parent; 
135.14     (3) whether the parent has visited the child within the 
135.15  three months preceding the filing of the petition, unless 
135.16  extreme financial or physical hardship or treatment for mental 
135.17  disability or chemical dependency or other good cause prevented 
135.18  the parent from visiting the child or it was not in the best 
135.19  interests of the child to be visited by the parent; 
135.20     (4) the maintenance of regular contact or communication 
135.21  with the agency or person temporarily responsible for the child; 
135.22     (5) the appropriateness and adequacy of services provided 
135.23  or offered to the parent to facilitate a reunion; 
135.24     (6) whether additional services would be likely to bring 
135.25  about lasting parental adjustment enabling a return of the child 
135.26  to the parent within an ascertainable period of time, whether 
135.27  the services have been offered to the parent, or, if services 
135.28  were not offered, the reasons they were not offered; and 
135.29     (7) the nature of the efforts made by the responsible 
135.30  social service agency to rehabilitate and reunite the family, 
135.31  and whether the efforts were reasonable.  [260.155, subd. 7] 
135.32     Subd. 10.  [WAIVER.] (a) Waiver of any right which a child 
135.33  has under this chapter must be an express waiver voluntarily and 
135.34  intelligently made by the child after the child has been fully 
135.35  and effectively informed of the right being waived.  If a child 
135.36  is not represented by counsel, any waiver must be given or any 
136.1   objection must be offered by the child's guardian ad litem. 
136.2      (b) Waiver of a child's right to be represented by counsel 
136.3   provided under the juvenile court rules must be an express 
136.4   waiver voluntarily and intelligently made by the child after the 
136.5   child has been fully and effectively informed of the right being 
136.6   waived.  In determining whether a child has voluntarily and 
136.7   intelligently waived the right to counsel, the court shall look 
136.8   to the totality of the circumstances which includes but is not 
136.9   limited to the child's age, maturity, intelligence, education, 
136.10  experience, and ability to comprehend, and the presence and 
136.11  competence of the child's parents, guardian, or guardian ad 
136.12  litem.  If the court accepts the child's waiver, it shall state 
136.13  on the record the findings and conclusions that form the basis 
136.14  for its decision to accept the waiver.  [260.155, subd. 8] 
136.15     Subd. 11.  [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 
136.16  NEGLECT.] A child's absence from school is presumed to be due to 
136.17  the parent's, guardian's, or custodian's failure to comply with 
136.18  compulsory instruction laws if the child is under 12 years old 
136.19  and the school has made appropriate efforts to resolve the 
136.20  child's attendance problems; this presumption may be rebutted 
136.21  based on a showing by clear and convincing evidence that the 
136.22  child is habitually truant.  A child's absence from school 
136.23  without lawful excuse, when the child is 12 years old or older, 
136.24  is presumed to be due to the child's intent to be absent from 
136.25  school; this presumption may be rebutted based on a showing by 
136.26  clear and convincing evidence that the child's absence is due to 
136.27  the failure of the child's parent, guardian, or custodian to 
136.28  comply with compulsory instruction laws, sections 120.101 and 
136.29  120.102.  [260.15, subd. 9] 
136.30     Sec. 15.  [260C.165] [CERTAIN OUT-OF-COURT STATEMENTS 
136.31  ADMISSIBLE.] 
136.32     An out-of-court statement not otherwise admissible by 
136.33  statute or rule of evidence, is admissible in evidence in any 
136.34  child in need of protection or services, neglected and in foster 
136.35  care, or domestic child abuse proceeding or any proceeding for 
136.36  termination of parental rights if:  
137.1      (a) the statement was made by a child under the age of ten 
137.2   years or by a child ten years of age or older who is mentally 
137.3   impaired, as defined in section 609.341, subdivision 6; 
137.4      (b) the statement alleges, explains, denies, or describes: 
137.5      (1) any act of sexual penetration or contact performed with 
137.6   or on the child; 
137.7      (2) any act of sexual penetration or contact with or on 
137.8   another child observed by the child making the statement; 
137.9      (3) any act of physical abuse or neglect of the child by 
137.10  another; or 
137.11     (4) any act of physical abuse or neglect of another child 
137.12  observed by the child making the statement; 
137.13     (c) the court finds that the time, content, and 
137.14  circumstances of the statement and the reliability of the person 
137.15  to whom the statement is made provide sufficient indicia of 
137.16  reliability; and 
137.17     (d) the proponent of the statement notifies other parties 
137.18  of an intent to offer the statement and the particulars of the 
137.19  statement sufficiently in advance of the proceeding at which the 
137.20  proponent intends to offer the statement into evidence, to 
137.21  provide the parties with a fair opportunity to meet the 
137.22  statement.  
137.23     For purposes of this section, an out-of-court statement 
137.24  includes a video, audio, or other recorded statement.  [260.156] 
137.25     Sec. 16.  [260C.168] [COMPLIANCE WITH INDIAN CHILD WELFARE 
137.26  ACT.] 
137.27     The provisions of this chapter must be construed 
137.28  consistently with the Indian Child Welfare Act of 1978, United 
137.29  States Code, title 25, sections 1901 to 1963.  [260.157] 
137.30     Sec. 17.  [260C.171] [RECORDS.] 
137.31     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] The juvenile 
137.32  court judge shall keep minutes in a manner as the court deems 
137.33  necessary and proper.  The juvenile court shall provide, upon 
137.34  the request of any other juvenile court, copies of the records 
137.35  concerning adjudications involving the particular child. 
137.36     The court shall also keep an index in which files 
138.1   pertaining to juvenile matters shall be indexed under the name 
138.2   of the child.  After the name of each file shall be shown the 
138.3   file number and, if ordered by the court, the book and page of 
138.4   the register in which the documents pertaining to such file are 
138.5   listed.  The court shall also keep a register properly indexed 
138.6   in which shall be listed under the name of the child all 
138.7   documents filed pertaining to the child and in the order filed.  
138.8   The list shall show the name of the document and the date of 
138.9   filing thereof.  The juvenile court legal records shall be 
138.10  deposited in files and shall include the petition, summons, 
138.11  notice, findings, orders, decrees, judgments, and motions and 
138.12  such other matters as the court deems necessary and proper.  
138.13  Unless otherwise provided by law, all court records shall be 
138.14  open at all reasonable times to the inspection of any child to 
138.15  whom the records relate, and to the child's parent and guardian. 
138.16  [260.161, subd. 1 (omitting delinquency-related text)] 
138.17     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] None of the 
138.18  records of the juvenile court and none of the records relating 
138.19  to an appeal from a nonpublic juvenile court proceeding, except 
138.20  the written appellate opinion, shall be open to public 
138.21  inspection or their contents disclosed except by order of a 
138.22  court.  This subdivision applies to all proceedings under this 
138.23  chapter, including appeals from orders of the juvenile court.  
138.24  The court shall maintain the confidentiality of adoption files 
138.25  and records in accordance with the provisions of laws relating 
138.26  to adoptions.  In juvenile court proceedings any report or 
138.27  social history furnished to the court shall be open to 
138.28  inspection by the attorneys of record and the guardian ad litem 
138.29  a reasonable time before it is used in connection with any 
138.30  proceeding before the court.  [260.161, subd. 2 (omitting 
138.31  delinquency-related text)] 
138.32     Subd. 3.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
138.33  representing a child, parent, or guardian ad litem in a 
138.34  proceeding under this chapter shall be given access to records, 
138.35  local social service agency files, and reports which form the 
138.36  basis of any recommendation made to the court.  An attorney does 
139.1   not have access under this subdivision to the identity of a 
139.2   person who made a report under section 626.556.  The court may 
139.3   issue protective orders to prohibit an attorney from sharing a 
139.4   specified record or portion of a record with a client other than 
139.5   a guardian ad litem.  [260.161, subd. 3a] 
139.6      Subd. 4.  [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 
139.7   PROTECTION OR SERVICES.] In a county in which the county 
139.8   attorney refers children who are in need of protection or 
139.9   services to community programs, the county attorney may provide 
139.10  a community program with data on a child who is a participant or 
139.11  being considered for participation in the program.  [260.161, 
139.12  subd. 3b] 
139.13     Subd. 5.  [FURTHER RELEASE OF RECORDS.] A person who 
139.14  receives access to juvenile court or peace officer records of 
139.15  children that are not accessible to the public may not release 
139.16  or disclose the records to any other person except as authorized 
139.17  by law.  This subdivision does not apply to the child who is the 
139.18  subject of the records or the child's parent or guardian.  
139.19  [260.161, subd. 5] 
139.20     Sec. 18.  [260C.175] [TAKING CHILD INTO CUSTODY.] 
139.21     Subdivision 1.  [IMMEDIATE CUSTODY.] No child may be taken 
139.22  into immediate custody except: 
139.23     (a) With an order issued by the court in accordance with 
139.24  the provisions of section 260C.151, subdivision 5, or Laws 1997, 
139.25  chapter 239, article 10, section 10, paragraph (a), clause (3), 
139.26  or 12, paragraph (a), clause (3), or by a warrant issued in 
139.27  accordance with the provisions of section 260C.154; or 
139.28     (b) By a peace officer: 
139.29     (1) when a child has run away from a parent, guardian, or 
139.30  custodian, or when the peace officer reasonably believes the 
139.31  child has run away from a parent, guardian, or custodian; or 
139.32     (2) when a child is found in surroundings or conditions 
139.33  which endanger the child's health or welfare or which such peace 
139.34  officer reasonably believes will endanger the child's health or 
139.35  welfare.  If an Indian child is a resident of a reservation or 
139.36  is domiciled on a reservation but temporarily located off the 
140.1   reservation, the taking of the child into custody under this 
140.2   clause shall be consistent with the Indian Child Welfare Act of 
140.3   1978, United States Code, title 25, section 1922; or 
140.4      (c) By a peace officer or probation officer under section 
140.5   260C.143, subdivision 4.  [260.165, subd. 1 (omitting 
140.6   delinquency-related text)] 
140.7      Subd. 2.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
140.8   officer takes a child into custody for shelter care or relative 
140.9   placement pursuant to subdivision 1; section 260C.151, 
140.10  subdivision 5; or section 260C.154, the officer shall notify the 
140.11  parent or custodian that under section 260C.181, subdivision 2, 
140.12  the parent or custodian may request that the child be placed 
140.13  with a relative or a designated caregiver under chapter 257A 
140.14  instead of in a shelter care facility.  The officer also shall 
140.15  give the parent or custodian of the child a list of names, 
140.16  addresses, and telephone numbers of social service agencies that 
140.17  offer child welfare services.  If the parent or custodian was 
140.18  not present when the child was removed from the residence, the 
140.19  list shall be left with an adult on the premises or left in a 
140.20  conspicuous place on the premises if no adult is present.  If 
140.21  the officer has reason to believe the parent or custodian is not 
140.22  able to read and understand English, the officer must provide a 
140.23  list that is written in the language of the parent or 
140.24  custodian.  The list shall be prepared by the commissioner of 
140.25  human services.  The commissioner shall prepare lists for each 
140.26  county and provide each county with copies of the list without 
140.27  charge.  The list shall be reviewed annually by the commissioner 
140.28  and updated if it is no longer accurate.  Neither the 
140.29  commissioner nor any peace officer or the officer's employer 
140.30  shall be liable to any person for mistakes or omissions in the 
140.31  list.  The list does not constitute a promise that any agency 
140.32  listed will in fact assist the parent or custodian.  [260.165, 
140.33  subd. 3] 
140.34     Sec. 19.  [260C.176] [RELEASE OR DETENTION.] 
140.35     Subdivision 1.  [NOTICE; RELEASE.] If a child is taken into 
140.36  custody as provided in section 260C.175, the parent, guardian, 
141.1   or custodian of the child shall be notified as soon as possible. 
141.2   Unless there is reason to believe that the child would endanger 
141.3   self or others, not return for a court hearing, run away from 
141.4   the child's parent, guardian, or custodian or otherwise not 
141.5   remain in the care or control of the person to whose lawful 
141.6   custody the child is released, or that the child's health or 
141.7   welfare would be immediately endangered, the child shall be 
141.8   released to the custody of a parent, guardian, custodian, or 
141.9   other suitable person.  When a child is taken into custody by a 
141.10  peace officer under section 260C.175, subdivision 1, clause 
141.11  (c)(2), release from detention may be authorized by the 
141.12  detaining officer, the detaining officer's supervisor, or the 
141.13  county attorney.  If the social service agency has determined 
141.14  that the child's health or welfare will not be endangered and 
141.15  the provision of appropriate and available services will 
141.16  eliminate the need for placement, the agency shall request 
141.17  authorization for the child's release from detention.  The 
141.18  person to whom the child is released shall promise to bring the 
141.19  child to the court, if necessary, at the time the court may 
141.20  direct.  If the person taking the child into custody believes it 
141.21  desirable, that person may request the parent, guardian, 
141.22  custodian, or other person designated by the court to sign a 
141.23  written promise to bring the child to court as provided above.  
141.24  The intentional violation of such a promise, whether given 
141.25  orally or in writing, shall be punishable as contempt of court. 
141.26     The court may require the parent, guardian, custodian, or 
141.27  other person to whom the child is released, to post any 
141.28  reasonable bail or bond required by the court which shall be 
141.29  forfeited to the court if the child does not appear as 
141.30  directed.  The court may also release the child on the child's 
141.31  own promise to appear in juvenile court.  [260.171, subd. 1] 
141.32     Subd. 2.  [REASONS FOR DETENTION.] (a) If the child is not 
141.33  released as provided in subdivision 1, the person taking the 
141.34  child into custody shall notify the court as soon as possible of 
141.35  the detention of the child and the reasons for detention.  
141.36     (b) No child taken into custody and placed in a shelter 
142.1   care facility or relative's home by a peace officer pursuant to 
142.2   section 260C.175, subdivision 1, clause (a) or (c)(2), may be 
142.3   held in custody longer than 72 hours, excluding Saturdays, 
142.4   Sundays and holidays, unless a petition has been filed and the 
142.5   judge or referee determines pursuant to section 260C.178 that 
142.6   the child shall remain in custody.  [260.171, subd. 2 (omitting 
142.7   delinquency-related text)] 
142.8      Subd. 3.  [ADVISEMENT IF DETAINED.] If the person who has 
142.9   taken the child into custody determines that the child should be 
142.10  placed in a secure detention facility or a shelter care 
142.11  facility, that person shall advise the child and as soon as is 
142.12  possible, the child's parent, guardian, or custodian: 
142.13     (a) of the reasons why the child has been taken into 
142.14  custody and why the child is being placed in a juvenile secure 
142.15  detention facility or a shelter care facility; 
142.16     (b) of the location of the juvenile secure detention 
142.17  facility or a shelter care facility.  If there is reason to 
142.18  believe that disclosure of the location of the shelter care 
142.19  facility would place the child's health and welfare in immediate 
142.20  endangerment, disclosure of the location of the shelter care 
142.21  facility shall not be made; 
142.22     (c) that the child's parent, guardian, or custodian and 
142.23  attorney or guardian ad litem may make an initial visit to the 
142.24  juvenile secure detention facility or shelter care facility at 
142.25  any time.  Subsequent visits by a parent, guardian, or custodian 
142.26  may be made on a reasonable basis during visiting hours and by 
142.27  the child's attorney or guardian ad litem at reasonable hours; 
142.28     (d) that the child may telephone parents and an attorney or 
142.29  guardian ad litem from the juvenile secure detention facility or 
142.30  shelter care facility immediately after being admitted to the 
142.31  facility and thereafter on a reasonable basis to be determined 
142.32  by the director of the facility; 
142.33     (e) that the child may not be detained pursuant to section 
142.34  260C.175, subdivision 1, clause (a) or (c)(2), at a shelter care 
142.35  facility longer than 72 hours, excluding Saturdays, Sundays, and 
142.36  holidays, unless a petition has been filed within that time and 
143.1   the court orders the child's continued detention, pursuant to 
143.2   section 260C.178; 
143.3      (f) of the date, time, and place of the detention hearing, 
143.4   if this information is available to the person who has taken the 
143.5   child into custody; and 
143.6      (g) that the child and the child's parent, guardian, or 
143.7   custodian have the right to be present and to be represented by 
143.8   counsel at the detention hearing, and that if they cannot afford 
143.9   counsel, counsel will be appointed at public expense for the 
143.10  child, or for any party, if it is a child in need of protection 
143.11  or services, neglected and in foster care, or termination of 
143.12  parental rights matter.  [260.171, subd. 4 (omitting 
143.13  delinquency-related text)] 
143.14     Subd. 4.  [TRANSPORTATION.] If a child is to be detained in 
143.15  a secure detention facility or a shelter care facility, the 
143.16  child shall be promptly transported to the facility in a manner 
143.17  approved by the facility or by securing a written transportation 
143.18  order from the court authorizing transportation by the sheriff 
143.19  or other qualified person.  The person who has determined that 
143.20  the child should be detained shall deliver to the court and the 
143.21  supervisor of the secure detention facility or shelter care 
143.22  facility where the child is placed, a signed report, setting 
143.23  forth: 
143.24     (a) the time the child was taken into custody; 
143.25     (b) the time the child was delivered for transportation to 
143.26  the secure detention facility or shelter care facility; 
143.27     (c) the reasons why the child was taken into custody; 
143.28     (d) the reasons why the child has been placed in detention; 
143.29     (e) a statement that the child and the child's parent have 
143.30  received the notification required by subdivision 4 or the 
143.31  reasons why they have not been so notified; and 
143.32     (f) any instructions required by subdivision 5a.  [260.171, 
143.33  subd. 5 (omitting delinquency-related text)] 
143.34     Subd. 5.  [SHELTER CARE; NOTICE TO PARENT.] When a child is 
143.35  to be placed in a shelter care facility the person taking the 
143.36  child into custody or the court shall determine whether or not 
144.1   there is reason to believe that disclosure of the shelter care 
144.2   facility's location to the child's parent, guardian, or 
144.3   custodian would immediately endanger the health and welfare of 
144.4   the child.  If there is reason to believe that the child's 
144.5   health and welfare would be immediately endangered, disclosure 
144.6   of the location shall not be made.  This determination shall be 
144.7   included in the report required by subdivision 5, along with 
144.8   instructions to the shelter care facility to notify or withhold 
144.9   notification.  [260.171, subd. 5a] 
144.10     Subd. 6.  [REPORT.] (a) When a child has been delivered to 
144.11  a secure detention facility, the supervisor of the facility 
144.12  shall deliver to the court a signed report acknowledging receipt 
144.13  of the child stating the time of the child's arrival.  The 
144.14  supervisor of the facility shall ascertain from the report of 
144.15  the person who has taken the child into custody whether the 
144.16  child and a parent, guardian, or custodian has received the 
144.17  notification required by subdivision 4.  If the child or a 
144.18  parent, guardian, or custodian, or both, have not been so 
144.19  notified, the supervisor of the facility shall immediately make 
144.20  the notification, and shall include in the report to the court a 
144.21  statement that notification has been received or the reasons why 
144.22  it has not. 
144.23     (b) When a child has been delivered to a shelter care 
144.24  facility, the supervisor of the facility shall deliver to the 
144.25  court a signed report acknowledging receipt of the child stating 
144.26  the time of the child's arrival.  The supervisor of the facility 
144.27  shall ascertain from the report of the person who has taken the 
144.28  child into custody whether the child's parent, guardian or 
144.29  custodian has been notified of the placement of the child at the 
144.30  shelter care facility and its location, and the supervisor shall 
144.31  follow any instructions concerning notification contained in 
144.32  that report.  [260.171, subd. 6] 
144.33     Sec. 20.  [260C.178] [DETENTION HEARING.] 
144.34     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
144.35  a child was taken into custody under section 260C.175, 
144.36  subdivision 1, clause (a) or (c)(2), the court shall hold a 
145.1   hearing within 72 hours of the time the child was taken into 
145.2   custody, excluding Saturdays, Sundays, and holidays, to 
145.3   determine whether the child should continue in custody.  
145.4      (b) Unless there is reason to believe that the child would 
145.5   endanger self or others, not return for a court hearing, run 
145.6   away from the child's parent, guardian, or custodian or 
145.7   otherwise not remain in the care or control of the person to 
145.8   whose lawful custody the child is released, or that the child's 
145.9   health or welfare would be immediately endangered, the child 
145.10  shall be released to the custody of a parent, guardian, 
145.11  custodian, or other suitable person, subject to reasonable 
145.12  conditions of release including, but not limited to, a 
145.13  requirement that the child undergo a chemical use assessment as 
145.14  provided in section 260C.157, subdivision 1.  In determining 
145.15  whether the child's health or welfare would be immediately 
145.16  endangered, the court shall consider whether the child would 
145.17  reside with a perpetrator of domestic child abuse. In a 
145.18  proceeding regarding a child in need of protection or services, 
145.19  the court, before determining whether a child should continue in 
145.20  custody, shall also make a determination, consistent with 
145.21  section 260.012 as to whether reasonable efforts, or in the case 
145.22  of an Indian child, active efforts, according to the Indian 
145.23  Child Welfare Act of 1978, United States Code, title 25, section 
145.24  1912(d), were made to prevent placement or to reunite the child 
145.25  with the child's family, or that reasonable efforts were not 
145.26  possible.  The court shall also determine whether there are 
145.27  available services that would prevent the need for further 
145.28  detention. 
145.29     If the court finds the social services agency's preventive 
145.30  or reunification efforts have not been reasonable but further 
145.31  preventive or reunification efforts could not permit the child 
145.32  to safely remain at home, the court may nevertheless authorize 
145.33  or continue the removal of the child.  [260.172, subd. 1 
145.34  (omitting delinquency-related text)] 
145.35     Subd. 2.  [DURATION.] If the court determines that the 
145.36  child should continue in detention, it may order detention 
146.1   continued for eight days, excluding Saturdays, Sundays and 
146.2   holidays, from and including the date of the order.  The court 
146.3   shall include in its order the reasons for continued detention 
146.4   and the findings of fact which support these reasons.  [260.172, 
146.5   subd. 2 (omitting delinquency-related text)] 
146.6      Subd. 3.  [PARENTAL VISITATION.] If a child has been taken 
146.7   into custody under section 260C.151, subdivision 5, or 260C.175, 
146.8   subdivision 1, clause (c)(2), and the court determines that the 
146.9   child should continue in detention, the court shall include in 
146.10  its order reasonable rules for supervised or unsupervised 
146.11  parental visitation of the child in the shelter care facility 
146.12  unless it finds that visitation would endanger the child's 
146.13  physical or emotional well-being.  [260.172, subd. 2a] 
146.14     Subd. 4.  [MENTAL HEALTH TREATMENT.] (a) Except as provided 
146.15  in paragraph (b), a child who is held in detention as an alleged 
146.16  victim of child abuse as defined in section 630.36, subdivision 
146.17  2, may not be given mental health treatment specifically for the 
146.18  effects of the alleged abuse until the court finds that there is 
146.19  probable cause to believe the abuse has occurred. 
146.20     (b) A child described in paragraph (a) may be given mental 
146.21  health treatment prior to a probable cause finding of child 
146.22  abuse if the treatment is either agreed to by the child's parent 
146.23  or guardian in writing, or ordered by the court according to the 
146.24  standard contained in section 260C.201, subdivision 1.  
146.25  [260.172, subd. 2b] 
146.26     Subd. 5.  [COPIES OF ORDER.] Copies of the court's order 
146.27  shall be served upon the parties, including the supervisor of 
146.28  the detention facility, who shall release the child or continue 
146.29  to hold the child as the court orders. 
146.30     When the court's order is served upon these parties, notice 
146.31  shall also be given to the parties of the subsequent reviews 
146.32  provided by subdivision 4.  The notice shall also inform each 
146.33  party of the right to submit to the court for informal review 
146.34  any new evidence regarding whether the child should be continued 
146.35  in detention and to request a hearing to present the evidence to 
146.36  the court.  [260.172, subd. 3] 
147.1      Subd. 6.  [REVIEW.] If a child held in detention under a 
147.2   court order issued under subdivision 2 has not been released 
147.3   prior to expiration of the order, the court or referee shall 
147.4   informally review the child's case file to determine, under the 
147.5   standards provided by subdivision 1, whether detention should be 
147.6   continued.  If detention is continued thereafter, informal 
147.7   reviews such as these shall be held within every eight days, 
147.8   excluding Saturdays, Sundays and holidays, of the child's 
147.9   detention. 
147.10     A hearing, rather than an informal review of the child's 
147.11  case file, shall be held at the request of any one of the 
147.12  parties notified pursuant to subdivision 5, if that party 
147.13  notifies the court of a wish to present to the court new 
147.14  evidence concerning whether the child should be continued in 
147.15  detention or notifies the court of a wish to present an 
147.16  alternate placement arrangement to provide for the safety and 
147.17  protection of the child. 
147.18     In addition, if a child was taken into detention under 
147.19  section 260C.151, subdivision 5, or 260C.175, subdivision 1, 
147.20  clause (c)(2), and is held in detention under a court order 
147.21  issued under subdivision 2, the court shall schedule and hold an 
147.22  adjudicatory hearing on the petition within 60 days of the 
147.23  detention hearing upon the request of any party to the 
147.24  proceeding.  However, if good cause is shown by a party to the 
147.25  proceeding why the hearing should not be held within that time 
147.26  period, the hearing shall be held within 90 days, unless the 
147.27  parties agree otherwise and the court so orders.  [260.172, 
147.28  subd. 4] 
147.29     Sec. 21.  [260C.181] [PLACE OF TEMPORARY CUSTODY; SHELTER 
147.30  CARE FACILITY.] 
147.31     Subdivision 1.  [TEMPORARY CUSTODY.] A child taken into 
147.32  custody pursuant to section 260C.175 may be detained for up to 
147.33  24 hours in a shelter care facility, secure detention facility, 
147.34  or, if there is no secure detention facility available for use 
147.35  by the county having jurisdiction over the child, in a jail or 
147.36  other facility for the confinement of adults who have been 
148.1   charged with or convicted of a crime in quarters separate from 
148.2   any adult confined in the facility which has been approved for 
148.3   the detention of juveniles by the commissioner of corrections.  
148.4   At the end of the 24 hour detention any child requiring further 
148.5   detention may be detained only as provided in this section.  
148.6   [260.173, subd. 1] 
148.7      Subd. 2.  [LEAST RESTRICTIVE SETTING.] Notwithstanding the 
148.8   provisions of subdivision 1, if the child had been taken into 
148.9   custody pursuant to section 260C.175, subdivision 1, clause (a) 
148.10  or clause (c)(2), and is not alleged to be delinquent, the child 
148.11  shall be detained in the least restrictive setting consistent 
148.12  with the child's health and welfare and in closest proximity to 
148.13  the child's family as possible.  Placement may be with a child's 
148.14  relative, a designated caregiver under chapter 257A, or in a 
148.15  shelter care facility.  The placing officer shall comply with 
148.16  this section and shall document why a less restrictive setting 
148.17  will or will not be in the best interests of the child for 
148.18  placement purposes. [260.173, subd. 2] 
148.19     Subd. 3.  [PLACEMENT.] If the child had been taken into 
148.20  custody and detained as one who is alleged to be in need of 
148.21  protection or services under section 260C.007, subdivision 4, 
148.22  clause (11) or (12), by reason of having been adjudicated, in 
148.23  need of protection or services under section 260C.007, 
148.24  subdivision 4, clause (11) or (12), or conditionally released by 
148.25  the juvenile court without adjudication, has violated probation, 
148.26  parole, or other field supervision under which the child had 
148.27  been placed as a result of behavior described in this 
148.28  subdivision; the child may be placed only in a shelter care 
148.29  facility.  [260.173, subd. 3 (omitting delinquency-related 
148.30  text)] 
148.31     Sec. 22.  [260C.188] [CHILDREN IN CUSTODY; RESPONSIBILITY 
148.32  FOR MEDICAL CARE.] 
148.33     Subdivision 1.  [MEDICAL AID.] If a child is taken into 
148.34  custody as provided in section 260C.175 and detained in a local 
148.35  juvenile secure detention facility or a shelter care facility, 
148.36  the child's county of residence shall pay the costs of medical 
149.1   services provided to the child during the period of time the 
149.2   child is residing in the facility.  The county of residence is 
149.3   entitled to reimbursement from the child or the child's family 
149.4   for payment of medical bills to the extent that the child or the 
149.5   child's family has the ability to pay for the medical services.  
149.6   If there is a disagreement between the county and the child or 
149.7   the child's family concerning the ability to pay or whether the 
149.8   medical services were necessary, the court with jurisdiction 
149.9   over the child shall determine the extent, if any, of the 
149.10  child's or the family's ability to pay for the medical services 
149.11  or whether the services are necessary.  If the child is covered 
149.12  by health or medical insurance or a health plan when medical 
149.13  services are provided, the county paying the costs of medical 
149.14  services has a right of subrogation to be reimbursed by the 
149.15  insurance carrier or health plan for all amounts spent by it for 
149.16  medical services to the child that are covered by the insurance 
149.17  policy or health plan, in accordance with the benefits, 
149.18  limitations, exclusions, provider restrictions, and other 
149.19  provisions of the policy or health plan.  The county may 
149.20  maintain an action to enforce this subrogation right.  The 
149.21  county does not have a right of subrogation against the medical 
149.22  assistance program, the MinnesotaCare program, or the general 
149.23  assistance medical care program.  [260.174, subd. 1 (omitting 
149.24  delinquency-related text)] 
149.25     Subd. 2.  [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 
149.26  its intake procedure for children, the official having custody 
149.27  over the child shall ask the child or the child's family, as 
149.28  appropriate, whether the child has health coverage.  If the 
149.29  child has coverage under a policy of accident and health 
149.30  insurance regulated under chapter 62A, a health maintenance 
149.31  contract regulated under chapter 62D, a group subscriber 
149.32  contract regulated under chapter 62C, a health benefit 
149.33  certificate regulated under chapter 64B, a self-insured plan, or 
149.34  other health coverage, the child or the child's family, as 
149.35  appropriate, shall provide to the official having custody over 
149.36  the child the name of the carrier or administrator and other 
150.1   information and authorizations necessary for the official having 
150.2   custody over the child to obtain specific information about 
150.3   coverage.  [260.174, subd. 2] 
150.4      Subd. 3.  [OBTAINING HEALTH CARE IN COMPLIANCE WITH 
150.5   COVERAGE.] A county board may authorize the officials having 
150.6   custody over children to fulfill the county board's obligation 
150.7   to provide the medical aid required by subdivision 1 in 
150.8   accordance with the terms of the health plan covering the child, 
150.9   where possible, subject to any rules and exceptions provided by 
150.10  the county board.  The official having custody over a child has 
150.11  no obligation to the child or to the child's family to obtain 
150.12  the child's health care in accordance with the child's health 
150.13  coverage.  [260.174, subd. 3] 
150.14     Subd. 4.  [SCOPE.] Subdivisions 1, 2, and 3 apply to any 
150.15  medical aid, including dental care, provided to children held in 
150.16  custody by the county as described in subdivision 1.  [260.174, 
150.17  subd. 4] 
150.18     Sec. 23.  [260C.193] [DISPOSITIONS; GENERAL PROVISIONS.] 
150.19     Subdivision 1.  [DISMISSAL OF PETITION.] Whenever the court 
150.20  finds that the minor is not within the jurisdiction of the court 
150.21  or that the facts alleged in the petition have not been proved, 
150.22  it shall dismiss the petition.  [260.181, subd. 1] 
150.23     Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
150.24  disposition in a case, or terminating parental rights, or 
150.25  appointing a guardian for a child the court may consider any 
150.26  report or recommendation made by the local social services 
150.27  agency, probation officer, licensed child-placing agency, foster 
150.28  parent, guardian ad litem, tribal representative, or other 
150.29  authorized advocate for the child or child's family, a school 
150.30  district concerning the effect on student transportation of 
150.31  placing a child in a school district in which the child is not a 
150.32  resident, or any other information deemed material by the court. 
150.33  [260.181, subd. 2] 
150.34     Subd. 3.  [PROTECTION OF THE CHILD'S BEST INTERESTS.] (a) 
150.35  The policy of the state is to ensure that the best interests of 
150.36  children are met by requiring individualized determinations of 
151.1   the needs of the child and of how the selected placement will 
151.2   serve the needs of the child in foster care placements.  
151.3      (b) Among the factors to be considered in determining the 
151.4   needs of the child are:  
151.5      (1) the child's current functioning and behaviors; 
151.6      (2) the medical, educational, and developmental needs of 
151.7   the child; 
151.8      (3) the child's history and past experience; 
151.9      (4) the child's religious and cultural needs; 
151.10     (5) the child's connection with a community, school, and 
151.11  church; 
151.12     (6) the child's interests and talents; 
151.13     (7) the child's relationship to current caretakers, 
151.14  parents, siblings, and relatives; and 
151.15     (8) the reasonable preference of the child, if the court, 
151.16  or in the case of a voluntary placement the child-placing 
151.17  agency, deems the child to be of sufficient age to express 
151.18  preferences.  
151.19     (c) The court, in transferring legal custody of any child 
151.20  or appointing a guardian for the child under the laws relating 
151.21  to juvenile courts, shall consider placement, consistent with 
151.22  the child's best interests and in the following order, in the 
151.23  legal custody or guardianship of an individual who (1) is 
151.24  related to the child by blood, marriage, or adoption, or (2) is 
151.25  an important friend with whom the child has resided or had 
151.26  significant contact.  Placement of a child cannot be delayed or 
151.27  denied based on race, color, or national origin of the foster 
151.28  parent or the child.  Whenever possible, siblings should be 
151.29  placed together unless it is determined not to be in the best 
151.30  interests of a sibling. 
151.31     (d) If the child's birth parent or parents explicitly 
151.32  request that a relative or important friend not be considered, 
151.33  the court shall honor that request if it is consistent with the 
151.34  best interests of the child. 
151.35     If the child's birth parent or parents express a preference 
151.36  for placing the child in a foster or adoptive home of the same 
152.1   or a similar religious background to that of the birth parent or 
152.2   parents, the court shall order placement of the child with an 
152.3   individual who meets the birth parent's religious preference.  
152.4      (e) This subdivision does not affect the Indian Child 
152.5   Welfare Act, United States Code, title 25, sections 1901 to 
152.6   1923, and the Minnesota Indian Family Preservation Act, sections 
152.7   260.751 to 260.835.  [260.181, subd. 3] 
152.8      Subd. 4.  [REPORTS; JUVENILES PLACED OUT OF STATE.] 
152.9   Whenever a child is placed in a residential program located 
152.10  outside of this state pursuant to a disposition order issued 
152.11  under section 260C.201, the juvenile court administrator shall 
152.12  report the following information to the state court 
152.13  administrator: 
152.14     (1) the fact that the placement is out of state; 
152.15     (2) the type of placement; and 
152.16     (3) the reason for the placement.  [260.181, subd. 3a] 
152.17     Subd. 5.  [TERMINATION OF JURISDICTION.] The court may 
152.18  dismiss the petition or otherwise terminate its jurisdiction on 
152.19  its own motion or on the motion or petition of any interested 
152.20  party at any time.  Unless terminated by the court, and except 
152.21  as otherwise provided in this subdivision, the jurisdiction of 
152.22  the court shall continue until the individual becomes 19 years 
152.23  of age if the court determines it is in the best interest of the 
152.24  individual to do so.  Court jurisdiction under section 260C.007, 
152.25  subdivision 4, clause (12), may not continue past the child's 
152.26  17th birthday.  [260.181, subd. 4 (omitting delinquency-related 
152.27  text)] 
152.28     Sec. 24.  [260C.201] [DISPOSITIONS; CHILDREN WHO ARE IN 
152.29  NEED OF PROTECTION OR SERVICES OR NEGLECTED AND IN FOSTER CARE.] 
152.30     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
152.31  the child is in need of protection or services or neglected and 
152.32  in foster care, it shall enter an order making any of the 
152.33  following dispositions of the case: 
152.34     (1) place the child under the protective supervision of the 
152.35  local social services agency or child-placing agency in the 
152.36  child's own home under conditions prescribed by the court 
153.1   directed to the correction of the child's need for protection or 
153.2   services; 
153.3      (2) transfer legal custody to one of the following: 
153.4      (i) a child-placing agency; or 
153.5      (ii) the local social services agency. 
153.6      In placing a child whose custody has been transferred under 
153.7   this paragraph, the agencies shall follow the order of 
153.8   preference stated in section 260C.193, subdivision 3; 
153.9      (3) if the child is in need of special treatment and care 
153.10  for reasons of physical or mental health, the court may order 
153.11  the child's parent, guardian, or custodian to provide it.  If 
153.12  the parent, guardian, or custodian fails or is unable to provide 
153.13  this treatment or care, the court may order it provided.  The 
153.14  court shall not transfer legal custody of the child for the 
153.15  purpose of obtaining special treatment or care solely because 
153.16  the parent is unable to provide the treatment or care.  If the 
153.17  court's order for mental health treatment is based on a 
153.18  diagnosis made by a treatment professional, the court may order 
153.19  that the diagnosing professional not provide the treatment to 
153.20  the child if it finds that such an order is in the child's best 
153.21  interests; or 
153.22     (4) if the court believes that the child has sufficient 
153.23  maturity and judgment and that it is in the best interests of 
153.24  the child, the court may order a child 16 years old or older to 
153.25  be allowed to live independently, either alone or with others as 
153.26  approved by the court under supervision the court considers 
153.27  appropriate, if the county board, after consultation with the 
153.28  court, has specifically authorized this dispositional 
153.29  alternative for a child. 
153.30     (b) If the child was adjudicated in need of protection or 
153.31  services because the child is a runaway or habitual truant, the 
153.32  court may order any of the following dispositions in addition to 
153.33  or as alternatives to the dispositions authorized under 
153.34  paragraph (a): 
153.35     (1) counsel the child or the child's parents, guardian, or 
153.36  custodian; 
154.1      (2) place the child under the supervision of a probation 
154.2   officer or other suitable person in the child's own home under 
154.3   conditions prescribed by the court, including reasonable rules 
154.4   for the child's conduct and the conduct of the parents, 
154.5   guardian, or custodian, designed for the physical, mental, and 
154.6   moral well-being and behavior of the child; or with the consent 
154.7   of the commissioner of corrections, place the child in a group 
154.8   foster care facility which is under the commissioner's 
154.9   management and supervision; 
154.10     (3) subject to the court's supervision, transfer legal 
154.11  custody of the child to one of the following: 
154.12     (i) a reputable person of good moral character.  No person 
154.13  may receive custody of two or more unrelated children unless 
154.14  licensed to operate a residential program under sections 245A.01 
154.15  to 245A.16; or 
154.16     (ii) a county probation officer for placement in a group 
154.17  foster home established under the direction of the juvenile 
154.18  court and licensed pursuant to section 241.021; 
154.19     (4) require the child to pay a fine of up to $100.  The 
154.20  court shall order payment of the fine in a manner that will not 
154.21  impose undue financial hardship upon the child; 
154.22     (5) require the child to participate in a community service 
154.23  project; 
154.24     (6) order the child to undergo a chemical dependency 
154.25  evaluation and, if warranted by the evaluation, order 
154.26  participation by the child in a drug awareness program or an 
154.27  inpatient or outpatient chemical dependency treatment program; 
154.28     (7) if the court believes that it is in the best interests 
154.29  of the child and of public safety that the child's driver's 
154.30  license or instruction permit be canceled, the court may order 
154.31  the commissioner of public safety to cancel the child's license 
154.32  or permit for any period up to the child's 18th birthday.  If 
154.33  the child does not have a driver's license or permit, the court 
154.34  may order a denial of driving privileges for any period up to 
154.35  the child's 18th birthday.  The court shall forward an order 
154.36  issued under this clause to the commissioner, who shall cancel 
155.1   the license or permit or deny driving privileges without a 
155.2   hearing for the period specified by the court.  At any time 
155.3   before the expiration of the period of cancellation or denial, 
155.4   the court may, for good cause, order the commissioner of public 
155.5   safety to allow the child to apply for a license or permit, and 
155.6   the commissioner shall so authorize; 
155.7      (8) order that the child's parent or legal guardian deliver 
155.8   the child to school at the beginning of each school day for a 
155.9   period of time specified by the court; or 
155.10     (9) require the child to perform any other activities or 
155.11  participate in any other treatment programs deemed appropriate 
155.12  by the court.  
155.13     (c) If a child who is 14 years of age or older is 
155.14  adjudicated in need of protection or services because the child 
155.15  is a habitual truant and truancy procedures involving the child 
155.16  were previously dealt with by a school attendance review board 
155.17  or county attorney mediation program under section 260A.06 or 
155.18  260A.07, the court shall order a cancellation or denial of 
155.19  driving privileges under paragraph (b), clause (7), for any 
155.20  period up to the child's 18th birthday.  [260.191, subd. 1] 
155.21     Subd. 2.  [WRITTEN FINDINGS.] Any order for a disposition 
155.22  authorized under this section shall contain written findings of 
155.23  fact to support the disposition ordered, and shall also set 
155.24  forth in writing the following information: 
155.25     (a) Why the best interests of the child are served by the 
155.26  disposition ordered; 
155.27     (b) What alternative dispositions were considered by the 
155.28  court and why such dispositions were not appropriate in the 
155.29  instant case; 
155.30     (c) How the court's disposition complies with the 
155.31  requirements of section 260C.193, subdivision 3; and 
155.32     (d) Whether reasonable efforts consistent with section 
155.33  260.012 were made to prevent or eliminate the necessity of the 
155.34  child's removal and to reunify the family after removal.  The 
155.35  court's findings must include a brief description of what 
155.36  preventive and reunification efforts were made and why further 
156.1   efforts could not have prevented or eliminated the necessity of 
156.2   removal. 
156.3      If the court finds that the social services agency's 
156.4   preventive or reunification efforts have not been reasonable but 
156.5   that further preventive or reunification efforts could not 
156.6   permit the child to safely remain at home, the court may 
156.7   nevertheless authorize or continue the removal of the child.  
156.8   [260.191, subd. 1a] 
156.9      Subd. 3.  [DOMESTIC CHILD ABUSE.] If the court finds that 
156.10  the child is a victim of domestic child abuse, as defined in 
156.11  section 260C.007, subdivision 20, it may order any of the 
156.12  following dispositions of the case in addition to or as 
156.13  alternatives to the dispositions authorized under subdivision 1: 
156.14     (1) restrain any party from committing acts of domestic 
156.15  child abuse; 
156.16     (2) exclude the abusing party from the dwelling which the 
156.17  family or household members share or from the residence of the 
156.18  child; 
156.19     (3) on the same basis as is provided in chapter 518, 
156.20  establish temporary visitation with regard to minor children of 
156.21  the adult family or household members; 
156.22     (4) on the same basis as is provided in chapter 518, 
156.23  establish temporary support or maintenance for a period of 30 
156.24  days for minor children or a spouse; 
156.25     (5) provide counseling or other social services for the 
156.26  family or household members; or 
156.27     (6) order the abusing party to participate in treatment or 
156.28  counseling services.  
156.29     Any relief granted by the order for protection shall be for 
156.30  a fixed period not to exceed one year.  
156.31     However, no order excluding the abusing party from the 
156.32  dwelling may be issued unless the court finds that:  
156.33     (1) the order is in the best interests of the child or 
156.34  children remaining in the dwelling; 
156.35     (2) a remaining adult family or household member is able to 
156.36  care adequately for the child or children in the absence of the 
157.1   excluded party; and 
157.2      (3) the local welfare agency has developed a plan to 
157.3   provide appropriate social services to the remaining family or 
157.4   household members.  [260.191, subd. 1b] 
157.5      Subd. 4.  [SUPPORT ORDERS.] If the court issues an order 
157.6   for protection pursuant to section 260C.201, subdivision 3, 
157.7   excluding an abusing party from the dwelling who is the parent 
157.8   of a minor family or household member, it shall transfer the 
157.9   case file to the court which has jurisdiction over proceedings 
157.10  under chapter 518 for the purpose of establishing support or 
157.11  maintenance for minor children or a spouse, as provided in 
157.12  chapter 518, during the effective period of the order for 
157.13  protection.  The court to which the case file is transferred 
157.14  shall schedule and hold a hearing on the establishment of 
157.15  support or maintenance within 30 days of the issuance of the 
157.16  order for protection.  After an order for support or maintenance 
157.17  has been granted or denied, the case file shall be returned to 
157.18  the juvenile court, and the order for support or maintenance, if 
157.19  any, shall be incorporated into the order for protection.  
157.20  [260.191, subd. 1c] 
157.21     Subd. 5.  [VISITATION.] If the court orders that the child 
157.22  be placed outside of the child's home or present residence, it 
157.23  shall set reasonable rules for supervised or unsupervised 
157.24  parental visitation that contribute to the objectives of the 
157.25  court order and the maintenance of the familial relationship.  
157.26  No parent may be denied visitation unless the court finds at the 
157.27  disposition hearing that the visitation would act to prevent the 
157.28  achievement of the order's objectives or that it would endanger 
157.29  the child's physical or emotional well-being.  The court shall 
157.30  set reasonable rules for visitation for any relatives as defined 
157.31  in section 260C.193, subdivision 3, if visitation is consistent 
157.32  with the best interests of the child.  [260.191, subd. 1d] 
157.33     Subd. 6.  [CASE PLAN.] For each disposition ordered, the 
157.34  court shall order the appropriate agency to prepare a written 
157.35  case plan developed after consultation with any foster parents, 
157.36  and consultation with and participation by the child and the 
158.1   child's parent, guardian, or custodian, guardian ad litem, and 
158.2   tribal representative if the tribe has intervened.  The case 
158.3   plan shall comply with the requirements of section 260C.212, 
158.4   where applicable.  The case plan shall, among other matters, 
158.5   specify the actions to be taken by the child and the child's 
158.6   parent, guardian, foster parent, or custodian to comply with the 
158.7   court's disposition order, and the services to be offered and 
158.8   provided by the agency to the child and the child's parent, 
158.9   guardian, or custodian.  The court shall review the case plan 
158.10  and, upon approving it, incorporate the plan into its 
158.11  disposition order.  The court may review and modify the terms of 
158.12  the case plan in the manner provided in subdivision 2.  For each 
158.13  disposition ordered, the written case plan shall specify what 
158.14  reasonable efforts shall be provided to the family.  The case 
158.15  plan must include a discussion of: 
158.16     (1) the availability of appropriate prevention and 
158.17  reunification services for the family to prevent the removal of 
158.18  the child from the home or to reunify the child with the family 
158.19  after removal; 
158.20     (2) any services or resources that were requested by the 
158.21  child or the child's parent, guardian, foster parent, or 
158.22  custodian since the date of initial adjudication, and whether 
158.23  those services or resources were provided or the basis for 
158.24  denial of the services or resources; 
158.25     (3) the need of the child and family for care, treatment, 
158.26  or rehabilitation; 
158.27     (4) the need for participation by the parent, guardian, or 
158.28  custodian in the plan of care for the child; 
158.29     (5) the visitation rights and obligations of the parent or 
158.30  other relatives, as defined in section 260C.193, subdivision 3, 
158.31  during any period when the child is placed outside the home; and 
158.32     (6) a description of any services that could prevent 
158.33  placement or reunify the family if such services were available. 
158.34     A party has a right to request a court review of the 
158.35  reasonableness of the case plan upon a showing of a substantial 
158.36  change of circumstances.  [260.191, subd. 1e] 
159.1      Subd. 7.  [ORDER DURATION.] Subject to subdivisions 3a and 
159.2   3b, all orders under this section shall be for a specified 
159.3   length of time set by the court not to exceed one year.  
159.4   However, before the order has expired and upon its own motion or 
159.5   that of any interested party, the court shall, after notice to 
159.6   the parties and a hearing, renew the order for another year or 
159.7   make some other disposition of the case, until the individual is 
159.8   no longer a minor.  Any person to whom legal custody is 
159.9   transferred shall report to the court in writing at such periods 
159.10  as the court may direct.  [260.191, subd. 2] 
159.11     Subd. 8.  [SERVICE OF ORDER.] Any person who provides 
159.12  services to a child under a disposition order, or who is subject 
159.13  to the conditions of a disposition order shall be served with a 
159.14  copy of the order in the manner provided in the rules for 
159.15  juvenile courts.  [260.191, subd. 2a] 
159.16     Subd. 9.  [TRANSFER OF LEGAL CUSTODY ORDERS.] When the 
159.17  court transfers legal custody of a child to any licensed 
159.18  child-placing agency or the local social services agency, it 
159.19  shall transmit with the order transferring legal custody a copy 
159.20  of its findings and a summary of its information concerning the 
159.21  child.  [260.191, subd. 3] 
159.22     Subd. 10.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
159.23  the court places a child in a residential facility, as defined 
159.24  in section 260C.212, subdivision 1, the court shall review the 
159.25  out-of-home placement at least every six months to determine 
159.26  whether continued out-of-home placement is necessary and 
159.27  appropriate or whether the child should be returned home.  The 
159.28  court shall review agency efforts pursuant to section 260C.215, 
159.29  subdivision 1, and order that the efforts continue if the agency 
159.30  has failed to perform the duties under that section.  The court 
159.31  shall review the case plan and may modify the case plan as 
159.32  provided under subdivisions 6 and 7.  If the court orders 
159.33  continued out-of-home placement, the court shall notify the 
159.34  parents of the provisions of subdivision 11. 
159.35     (b) When the court determines that a permanent placement 
159.36  hearing is necessary because there is a likelihood that the 
160.1   child will not return to a parent's care, the court may 
160.2   authorize the agency with custody of the child to send the 
160.3   notice provided in this paragraph to any adult with whom the 
160.4   child is currently residing, any adult with whom the child has 
160.5   resided for one year or longer in the past, any adult who has 
160.6   maintained a relationship or exercised visitation with the child 
160.7   as identified in the agency case plan for the child or 
160.8   demonstrated an interest in the child, and any relative who has 
160.9   provided a current address to the local social service agency.  
160.10  This notice must not be provided to a parent whose parental 
160.11  rights to the child have been terminated under section 260C.301 
160.12  subdivision 1.  The notice must state that a permanent home is 
160.13  sought for the child and that individuals receiving the notice 
160.14  may indicate to the agency within 30 days their interest in 
160.15  providing a permanent home.  [260.191, subd. 3a] 
160.16     Subd. 11.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
160.17  PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 
160.18  to determine the permanent status of a child not later than 12 
160.19  months after the child is placed out of the home of the parent. 
160.20     For purposes of this subdivision, the date of the child's 
160.21  placement out of the home of the parent is the earlier of the 
160.22  first court-ordered placement or the first court-approved 
160.23  placement under section 260C.212, subdivision 8, of a child who 
160.24  had been in voluntary placement. 
160.25     For purposes of this subdivision, 12 months is calculated 
160.26  as follows: 
160.27     (1) during the pendency of a petition alleging that a child 
160.28  is in need of protection or services, all time periods when a 
160.29  child is placed out of the home of the parent are cumulated; 
160.30     (2) if a child has been placed out of the home of the 
160.31  parent within the previous five years in connection with one or 
160.32  more prior petitions for a child in need of protection or 
160.33  services, the lengths of all prior time periods when the child 
160.34  was placed out of the home within the previous five years and 
160.35  under the current petition, are cumulated.  If a child under 
160.36  this clause has been out of the home for 12 months or more, the 
161.1   court, if it is in the best interests of the child, may extend 
161.2   the total time the child may continue out of the home under the 
161.3   current petition up to an additional six months before making a 
161.4   permanency determination.  
161.5      (b) Not later than ten days prior to this hearing, the 
161.6   responsible social service agency shall file pleadings to 
161.7   establish the basis for the permanent placement determination.  
161.8   Notice of the hearing and copies of the pleadings must be 
161.9   provided pursuant to section 260C.152.  If a termination of 
161.10  parental rights petition is filed before the date required for 
161.11  the permanency planning determination, no hearing need be 
161.12  conducted under this subdivision.  The court shall determine 
161.13  whether the child is to be returned home or, if not, what 
161.14  permanent placement is consistent with the child's best 
161.15  interests.  The "best interests of the child" means all relevant 
161.16  factors to be considered and evaluated. 
161.17     (c) If the child is not returned to the home, the 
161.18  dispositions available for permanent placement determination are:
161.19     (1) permanent legal and physical custody to a relative in 
161.20  the best interests of the child.  In transferring permanent 
161.21  legal and physical custody to a relative, the juvenile court 
161.22  shall follow the standards and procedures applicable under 
161.23  chapter 260, 260C, or 518.  An order establishing permanent 
161.24  legal or physical custody under this subdivision must be filed 
161.25  with the family court.  The social service agency may petition 
161.26  on behalf of the proposed custodian; 
161.27     (2) termination of parental rights and adoption; the social 
161.28  service agency shall file a petition for termination of parental 
161.29  rights under section 260C.307 and all the requirements of 
161.30  sections 260C.301 to 260C.328 remain applicable.  An adoption 
161.31  completed subsequent to a determination under this subdivision 
161.32  may include an agreement for communication or contact under 
161.33  section 259.58; or 
161.34     (3) long-term foster care; transfer of legal custody and 
161.35  adoption are preferred permanency options for a child who cannot 
161.36  return home.  The court may order a child into long-term foster 
162.1   care only if it finds that neither an award of legal and 
162.2   physical custody to a relative, nor termination of parental 
162.3   rights nor adoption is in the child's best interests.  Further, 
162.4   the court may only order long-term foster care for the child 
162.5   under this section if it finds the following: 
162.6      (i) the child has reached age 12 and reasonable efforts by 
162.7   the responsible social service agency have failed to locate an 
162.8   adoptive family for the child; or 
162.9      (ii) the child is a sibling of a child described in clause 
162.10  (i) and the siblings have a significant positive relationship 
162.11  and are ordered into the same long-term foster care home; or 
162.12     (4) foster care for a specified period of time may be 
162.13  ordered only if: 
162.14     (i) the sole basis for an adjudication that a child is in 
162.15  need of protection or services is that the child is a runaway, 
162.16  is an habitual truant, or committed a delinquent act before age 
162.17  ten; and 
162.18     (ii) the court finds that foster care for a specified 
162.19  period of time is in the best interests of the child. 
162.20     (d) In ordering a permanent placement of a child, the court 
162.21  must be governed by the best interests of the child, including a 
162.22  review of the relationship between the child and relatives and 
162.23  the child and other important persons with whom the child has 
162.24  resided or had significant contact. 
162.25     (e) Once a permanent placement determination has been made 
162.26  and permanent placement has been established, further court 
162.27  reviews and dispositional hearings are only necessary if the 
162.28  placement is made under paragraph (c), clause (4), review is 
162.29  otherwise required by federal law, an adoption has not yet been 
162.30  finalized, or there is a disruption of the permanent or 
162.31  long-term placement.  
162.32     (f) An order under this subdivision must include the 
162.33  following detailed findings: 
162.34     (1) how the child's best interests are served by the order; 
162.35     (2) the nature and extent of the responsible social service 
162.36  agency's reasonable efforts, or, in the case of an Indian child, 
163.1   active efforts, to reunify the child with the parent or parents; 
163.2      (3) the parent's or parents' efforts and ability to use 
163.3   services to correct the conditions which led to the out-of-home 
163.4   placement; 
163.5      (4) whether the conditions which led to the out-of-home 
163.6   placement have been corrected so that the child can return home; 
163.7   and 
163.8      (5) if the child cannot be returned home, whether there is 
163.9   a substantial probability of the child being able to return home 
163.10  in the next six months.  
163.11     (g) An order for permanent legal and physical custody of a 
163.12  child may be modified under sections 518.18 and 518.185.  The 
163.13  social service agency is a party to the proceeding and must 
163.14  receive notice.  An order for long-term foster care is 
163.15  reviewable upon motion and a showing by the parent of a 
163.16  substantial change in the parent's circumstances such that the 
163.17  parent could provide appropriate care for the child and that 
163.18  removal of the child from the child's permanent placement and 
163.19  the return to the parent's care would be in the best interest of 
163.20  the child.  [260.191, subd. 3b] 
163.21     Subd. 12.  [CONTINUANCE OF CASE.] If it is in the best 
163.22  interests of the child to do so and if the allegations contained 
163.23  in the petition have been admitted, or when a hearing has been 
163.24  held as provided in section 260C.163 and the allegations 
163.25  contained in the petition have been duly proven, before the 
163.26  entry of a finding of need for protection or services or a 
163.27  finding that a child is neglected and in foster care, the court 
163.28  may continue the case for a period not to exceed 90 days on any 
163.29  one order.  Following the 90-day continuance: 
163.30     (1) if both the parent and child have complied with the 
163.31  terms of the continuance, the case must be dismissed without an 
163.32  adjudication that the child is in need of protection or services 
163.33  or that the child is neglected and in foster care; or 
163.34     (2) if either the parent or child has not complied with the 
163.35  terms of the continuance, the court shall adjudicate the child 
163.36  in need of protection or services or neglected and in foster 
164.1   care.  [260.191, subd. 4] 
164.2      Sec. 25.  [260C.205] [DISPOSITIONS; VOLUNTARY FOSTER CARE 
164.3   PLACEMENTS.] 
164.4      Upon a petition for review of the foster care status of a 
164.5   child, the court may:  
164.6      (a) In the case of a petition required to be filed under 
164.7   section 260C.212, subdivision 8, find that the child's needs are 
164.8   being met, that the child's placement in foster care is in the 
164.9   best interests of the child, and that the child will be returned 
164.10  home in the next six months, in which case the court shall 
164.11  approve the voluntary arrangement and continue the matter for 
164.12  six months to assure the child returns to the parent's home.  
164.13     (b) In the case of a petition required to be filed under 
164.14  section 260C.212, subdivision 9, find that the child's needs are 
164.15  being met and that the child's placement in foster care is in 
164.16  the best interests of the child, in which case the court shall 
164.17  approve the voluntary arrangement.  The court shall order the 
164.18  social service agency responsible for the placement to bring a 
164.19  petition under section 260C.141, subdivision 1 or 2, as 
164.20  appropriate, within 12 months. 
164.21     (c) Find that the child's needs are not being met, in which 
164.22  case the court shall order the social service agency or the 
164.23  parents to take whatever action is necessary and feasible to 
164.24  meet the child's needs, including, when appropriate, the 
164.25  provision by the social service agency of services to the 
164.26  parents which would enable the child to live at home, and order 
164.27  a disposition under section 260C.201. 
164.28     (d) Find that the child has been abandoned by parents 
164.29  financially or emotionally, or that the developmentally disabled 
164.30  child does not require out-of-home care because of the 
164.31  handicapping condition, in which case the court shall order the 
164.32  social service agency to file an appropriate petition pursuant 
164.33  to sections 260C.141, subdivision 1, or 260C.307. 
164.34     Nothing in this section shall be construed to prohibit 
164.35  bringing a petition pursuant to section 260C.141, subdivision 1 
164.36  or 4, sooner than required by court order pursuant to this 
165.1   section.  [260.192] 
165.2      Sec. 26.  [260C.208] [INFORMATION FOR CHILD PLACEMENT.] 
165.3      Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
165.4   agency with legal responsibility for the placement of a child 
165.5   may request and shall receive all information pertaining to the 
165.6   child that it considers necessary to appropriately carry out its 
165.7   duties.  That information must include educational, medical, 
165.8   psychological, psychiatric, and social or family history data 
165.9   retained in any form by any individual or entity.  The agency 
165.10  may gather appropriate data regarding the child's parents in 
165.11  order to develop and implement a case plan required by section 
165.12  260C.212.  Upon request of the court responsible for overseeing 
165.13  the provision of services to the child and family and for 
165.14  implementing orders that are in the best interest of the child, 
165.15  the responsible local social service agency or tribal social 
165.16  service agency shall provide appropriate written or oral reports 
165.17  from any individual or entity that has provided services to the 
165.18  child or family.  The reports must include the nature of the 
165.19  services being provided the child or family; the reason for the 
165.20  services; the nature, extent, and quality of the child's or 
165.21  parent's participation in the services, where appropriate; and 
165.22  recommendations for continued services, where appropriate.  The 
165.23  individual or entity shall report all observations and 
165.24  information upon which it bases its report as well as its 
165.25  conclusions.  If necessary to facilitate the receipt of the 
165.26  reports, the court may issue appropriate orders.  [257.069, 
165.27  subd. 1] 
165.28     Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
165.29  agency responsible for the residential placement of a child 
165.30  under this section and the residential facility in which the 
165.31  child is placed shall have access to the following data on the 
165.32  child: 
165.33     (1) medical data under section 13.42; 
165.34     (2) corrections and detention data under section 13.85; 
165.35     (3) juvenile court data under section 260C.171; and 
165.36     (4) health records under section 144.335.  [257.069, subd. 
166.1   2] 
166.2      Sec. 27.  [260C.212] [CHILDREN IN FOSTER HOMES; PLACEMENT; 
166.3   REVIEW.] 
166.4      Subdivision 1.  [PLACEMENT; PLAN.] A case plan shall be 
166.5   prepared within 30 days after any child is placed in a 
166.6   residential facility by court order or by the voluntary release 
166.7   of the child by the parent or parents.  
166.8      For purposes of this section, a residential facility means 
166.9   any group home, family foster home or other publicly supported 
166.10  out-of-home residential facility, including any out-of-home 
166.11  residential facility under contract with the state, county or 
166.12  other political subdivision, or any agency thereof, to provide 
166.13  those services or foster care as defined in section 260C.007, 
166.14  subdivision 9.  
166.15     For the purposes of this section, a case plan means a 
166.16  written document which is ordered by the court or which is 
166.17  prepared by the social service agency responsible for the 
166.18  residential facility placement and is signed by the parent or 
166.19  parents, or other custodian, of the child, the child's legal 
166.20  guardian, the social service agency responsible for the 
166.21  residential facility placement, and, if possible, the child.  
166.22  The document shall be explained to all persons involved in its 
166.23  implementation, including the child who has signed the document, 
166.24  and shall set forth: 
166.25     (1) The specific reasons for the placement of the child in 
166.26  a residential facility, including a description of the problems 
166.27  or conditions in the home of the parent or parents which 
166.28  necessitated removal of the child from home; 
166.29     (2) The specific actions to be taken by the parent or 
166.30  parents of the child to eliminate or correct the problems or 
166.31  conditions identified in clause (1), and the time period during 
166.32  which the actions are to be taken; 
166.33     (3) The financial responsibilities and obligations, if any, 
166.34  of the parents for the support of the child during the period 
166.35  the child is in the residential facility; 
166.36     (4) The visitation rights and obligations of the parent or 
167.1   parents or other relatives as defined in section 260C.193, if 
167.2   such visitation is consistent with the best interest of the 
167.3   child, during the period the child is in the residential 
167.4   facility; 
167.5      (5) The social and other supportive services to be provided 
167.6   to the parent or parents of the child, the child, and the 
167.7   residential facility during the period the child is in the 
167.8   residential facility; 
167.9      (6) The date on which the child is expected to be returned 
167.10  to the home of the parent or parents; 
167.11     (7) The nature of the effort to be made by the social 
167.12  service agency responsible for the placement to reunite the 
167.13  family; and 
167.14     (8) Notice to the parent or parents that placement of the 
167.15  child in foster care may result in termination of parental 
167.16  rights but only after notice and a hearing as provided in 
167.17  chapter 260C. 
167.18     The parent or parents and the child each shall have the 
167.19  right to legal counsel in the preparation of the case plan and 
167.20  shall be informed of the right at the time of placement of the 
167.21  child.  The child shall also have the right to a guardian ad 
167.22  litem.  If unable to employ counsel from their own resources, 
167.23  the court shall appoint counsel upon the request of the parent 
167.24  or parents or the child or the child's legal guardian.  The 
167.25  parent or parents may also receive assistance from any person or 
167.26  social service agency in preparation of the case plan. 
167.27     After the plan has been agreed upon by the parties 
167.28  involved, the foster parents shall be fully informed of the 
167.29  provisions of the case plan. 
167.30     When an agency accepts a child for placement, the agency 
167.31  shall determine whether the child has had a physical examination 
167.32  by or under the direction of a licensed physician within the 12 
167.33  months immediately preceding the date when the child came into 
167.34  the agency's care.  If there is documentation that the child has 
167.35  had such an examination within the last 12 months, the agency is 
167.36  responsible for seeing that the child has another physical 
168.1   examination within one year of the documented examination and 
168.2   annually in subsequent years.  If the agency determines that the 
168.3   child has not had a physical examination within the 12 months 
168.4   immediately preceding placement, the agency shall ensure that 
168.5   the child has the examination within 30 days of coming into the 
168.6   agency's care and once a year in subsequent years.  [257.071, 
168.7   subd. 1] 
168.8      Subd. 2.  [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 
168.9   THE CHILD.] (a) The policy of the state of Minnesota is to 
168.10  ensure that the child's best interests are met by requiring an 
168.11  individualized determination of the needs of the child and of 
168.12  how the selected placement will serve the needs of the child 
168.13  being placed.  The authorized child-placing agency shall place a 
168.14  child, released by court order or by voluntary release by the 
168.15  parent or parents, in a family foster home selected by 
168.16  considering placement with relatives and important friends 
168.17  consistent with section 260C.193, subdivision 3.  
168.18     (b) Among the factors the agency shall consider in 
168.19  determining the needs of the child are those specified under 
168.20  section 260C.193, subdivision 3, paragraph (b).  
168.21     (c) Placement of a child cannot be delayed or denied based 
168.22  on race, color, or national origin of the foster parent or the 
168.23  child.  Whenever possible, siblings should be placed together 
168.24  unless it is determined not to be in the best interests of a 
168.25  sibling.  [257.071, subd. 1a] 
168.26     Subd. 3.  [LIMIT ON MULTIPLE PLACEMENTS.] If a child has 
168.27  been placed in a residential facility pursuant to a court order 
168.28  under section 260C.178 or 260C.201, the social service agency 
168.29  responsible for the residential facility placement for the child 
168.30  may not change the child's placement unless the agency 
168.31  specifically documents that the current placement is unsuitable 
168.32  or another placement is in the best interests of the child.  
168.33  This subdivision does not apply if the new placement is in an 
168.34  adoptive home or other permanent placement.  [257.071, subd. 1b] 
168.35     Subd. 4.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
168.36  social service agency shall inform a parent considering 
169.1   voluntary placement of a child who is not developmentally 
169.2   disabled or emotionally handicapped of the following: 
169.3      (1) the parent and the child each has a right to separate 
169.4   legal counsel before signing a voluntary placement agreement, 
169.5   but not to counsel appointed at public expense; 
169.6      (2) the parent is not required to agree to the voluntary 
169.7   placement, and a parent who enters a voluntary placement 
169.8   agreement may at any time request that the agency return the 
169.9   child.  If the parent so requests, the child must be returned 
169.10  within 24 hours of the receipt of the request; 
169.11     (3) evidence gathered during the time the child is 
169.12  voluntarily placed may be used at a later time as the basis for 
169.13  a petition alleging that the child is in need of protection or 
169.14  services or as the basis for a petition seeking termination of 
169.15  parental rights; 
169.16     (4) if the local social service agency files a petition 
169.17  alleging that the child is in need of protection or services or 
169.18  a petition seeking the termination of parental rights, the 
169.19  parent would have the right to appointment of separate legal 
169.20  counsel and the child would have a right to the appointment of 
169.21  counsel and a guardian ad litem as provided by law, and that 
169.22  counsel will be appointed at public expense if they are unable 
169.23  to afford counsel; and 
169.24     (5) the timelines and procedures for review of voluntary 
169.25  placements under subdivision 3, and the effect the time spent in 
169.26  voluntary placement on the scheduling of a permanent placement 
169.27  determination hearing under section 260C.201, subdivision 11.  
169.28  [257.071, subd. 1c] 
169.29     Subd. 5.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
169.30  after a child is initially placed in a residential facility, the 
169.31  local social service agency shall identify any relatives of the 
169.32  child and notify them of the possibility of a permanent 
169.33  out-of-home placement of the child, and that a decision not to 
169.34  be a placement resource at the beginning of the case may affect 
169.35  the relative's right to have the child placed with that relative 
169.36  later.  The relatives must be notified that they must keep the 
170.1   local social service agency informed of their current address in 
170.2   order to receive notice of any permanent placement hearing.  A 
170.3   relative who fails to provide a current address to the local 
170.4   social service agency forfeits the right to notice of permanent 
170.5   placement. 
170.6      (b) When the agency determines that it is necessary to 
170.7   prepare for the permanent placement determination hearing, or in 
170.8   anticipation of filing a termination of parental rights 
170.9   petition, the agency shall send notice to the relatives, any 
170.10  adult with whom the child is currently residing, any adult with 
170.11  whom the child has resided for one year or longer in the past, 
170.12  and any adults who have maintained a relationship or exercised 
170.13  visitation with the child as identified in the agency case 
170.14  plan.  The notice must state that a permanent home is sought for 
170.15  the child and that the individuals receiving the notice may 
170.16  indicate to the agency their interest in providing a permanent 
170.17  home.  The notice must contain an advisory that if the relative 
170.18  chooses not to be a placement resource at the beginning of the 
170.19  case, this may affect the relative's rights to have the child 
170.20  placed with that relative permanently later on.  [257.071, subd. 
170.21  1d] 
170.22     Subd. 6.  [CHANGE IN PLACEMENT.] If a child is removed from 
170.23  a permanent placement disposition authorized under section 
170.24  260C.201, subdivision 11, within one year after the placement 
170.25  was made: 
170.26     (1) the child must be returned to the residential facility 
170.27  where the child was placed immediately preceding the permanent 
170.28  placement; or 
170.29     (2) the court shall hold a hearing within ten days after 
170.30  the child is taken into custody to determine where the child is 
170.31  to be placed.  A guardian ad litem must be appointed for the 
170.32  child for this hearing.  [257.071, subd. 1e] 
170.33     Subd. 7.  [SIX-MONTH REVIEW OF PLACEMENTS.] There shall be 
170.34  an administrative review of the case plan of each child placed 
170.35  in a residential facility no later than 180 days after the 
170.36  initial placement of the child in a residential facility and at 
171.1   least every six months thereafter if the child is not returned 
171.2   to the home of the parent or parents within that time.  The case 
171.3   plan must be monitored and updated at each administrative 
171.4   review.  As an alternative to the administrative review, the 
171.5   social service agency responsible for the placement may bring a 
171.6   petition as provided in section 260C.141, subdivision 2, to the 
171.7   court for review of the foster care to determine if placement is 
171.8   in the best interests of the child.  This petition must be 
171.9   brought to the court within the applicable six months and is not 
171.10  in lieu of the requirements contained in subdivision 3 or 4.  A 
171.11  court review conducted pursuant to section 260C.201, subdivision 
171.12  11, shall satisfy the requirement for an administrative review 
171.13  so long as the other requirements of this section are met.  
171.14  [257.071, subd. 2] 
171.15     Subd. 8.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
171.16  provided in subdivision 4, if the child has been placed in a 
171.17  residential facility pursuant to a voluntary release by the 
171.18  parent or parents, and is not returned home within 90 days after 
171.19  initial placement in the residential facility, the social 
171.20  service agency responsible for the placement shall: 
171.21     (1) return the child to the home of the parent or parents; 
171.22  or 
171.23     (2) file a petition to extend the placement for 90 days. 
171.24     The case plan must be updated when a petition is filed and 
171.25  must include a specific plan for permanency.  
171.26     If the court approves the extension, at the end of the 
171.27  second 90-day period, the child must be returned to the parent's 
171.28  home, unless a petition is filed for a child in need of 
171.29  protection or services.  [257.071, subd. 3] 
171.30     Subd. 9.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
171.31  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
171.32  disabled child, as that term is defined in United States Code, 
171.33  title 42, section 6001 (7), as amended through December 31, 
171.34  1979, or a child diagnosed with an emotional handicap as defined 
171.35  in section 252.27, subdivision 1a, has been placed in a 
171.36  residential facility pursuant to a voluntary release by the 
172.1   child's parent or parents because of the child's handicapping 
172.2   conditions or need for long-term residential treatment or 
172.3   supervision, the social service agency responsible for the 
172.4   placement shall bring a petition for review of the child's 
172.5   foster care status, pursuant to section 260C.141, subdivision 2, 
172.6   rather than a petition as required by section 260C.201, 
172.7   subdivision 11, after the child has been in foster care for six 
172.8   months or, in the case of a child with an emotional handicap, 
172.9   after the child has been in a residential facility for six 
172.10  months.  Whenever a petition for review is brought pursuant to 
172.11  this subdivision, a guardian ad litem shall be appointed for the 
172.12  child.  [257.071, subd. 4] 
172.13     Subd. 10.  [RULES; CHILDREN IN RESIDENTIAL FACILITIES.] The 
172.14  commissioner of human services shall promulgate all rules 
172.15  necessary to carry out the provisions of Public Law Number 
172.16  96-272 as regards the establishment of a state goal for the 
172.17  reduction of the number of children in residential facilities 
172.18  beyond 24 months.  [257.071, subd. 5] 
172.19     Subd. 11.  [RULES.] The commissioner shall revise Minnesota 
172.20  Rules, parts 9545.0010 to 9545.0260, the rules setting standards 
172.21  for family and group family foster care.  The commissioner shall:
172.22     (1) require that, as a condition of licensure, foster care 
172.23  providers attend training on understanding and validating the 
172.24  cultural heritage of all children in their care, and on the 
172.25  importance of the Indian Child Welfare Act, United States Code, 
172.26  title 25, sections 1901 to 1923, and the Minnesota Indian Family 
172.27  Preservation Act, sections 260.751 to 260.835; and 
172.28     (2) review and, where necessary, revise foster care rules 
172.29  to reflect sensitivity to cultural diversity and differing 
172.30  lifestyles.  Specifically, the commissioner shall examine 
172.31  whether space and other requirements discriminate against 
172.32  single-parent, minority, or low-income families who may be able 
172.33  to provide quality foster care reflecting the values of their 
172.34  own respective cultures.  [257.071, subd. 7] 
172.35     Subd. 12.  [RULES ON REMOVAL OF CHILDREN.] The commissioner 
172.36  shall adopt rules establishing criteria for removal of children 
173.1   from their homes and return of children to their homes.  
173.2   [257.071, subd. 8] 
173.3      Subd. 13.  [FAIR HEARING REVIEW.] Any person whose claim 
173.4   for foster care payment pursuant to the placement of a child 
173.5   resulting from a child protection assessment under section 
173.6   626.556 is denied or not acted upon with reasonable promptness 
173.7   may appeal the decision under section 256.045, subdivision 3.  
173.8   The application and fair hearing procedures set forth in the 
173.9   administration of community social services rule, Minnesota 
173.10  Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 
173.11  payment issues appealable under this subdivision.  [257.071, 
173.12  subd. 9] 
173.13     Subd. 14.  [RULES; FOSTER CARE FAIR HEARINGS.] The 
173.14  commissioner shall review and, where necessary, revise foster 
173.15  care rules to ensure that the rules provide adequate guidance 
173.16  for implementation of foster care fair hearings, pursuant to 
173.17  section 256.045, subdivision 3, clause (5), that comply with all 
173.18  applicable federal requirements and the requirements of section 
173.19  256.045.  [257.071, subd. 10] 
173.20     Sec. 28.  [260C.215] [WELFARE OF CHILDREN.] 
173.21     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
173.22  authorized child-placing agency shall make special efforts to 
173.23  recruit a foster family from among the child's relatives, except 
173.24  as authorized in section 260C.193, subdivision 3.  In recruiting 
173.25  placements for each child, the agency must focus on that child's 
173.26  particular needs and the capacities of the particular 
173.27  prospective foster parents to meet those needs.  Each agency 
173.28  shall provide for diligent recruitment of potential foster 
173.29  families that reflect the ethnic and racial diversity of the 
173.30  children in the state for whom foster homes are needed.  Special 
173.31  efforts include contacting and working with community 
173.32  organizations and religious organizations and may include 
173.33  contracting with these organizations, utilizing local media and 
173.34  other local resources, conducting outreach activities, and 
173.35  increasing the number of minority recruitment staff employed by 
173.36  the agency.  The requirement of special efforts to locate 
174.1   relatives in this section is satisfied on the earlier of the 
174.2   following occasions: 
174.3      (1) when the child is placed with a relative who is 
174.4   interested in providing a permanent placement for the child; or 
174.5      (2) when the responsible child-placing agency has made 
174.6   special efforts for six months following the child's placement 
174.7   in a residential facility and the court approves the agency's 
174.8   efforts pursuant to section 260C.201, subdivision 10.  The 
174.9   agency may accept any gifts, grants, offers of services, and 
174.10  other contributions to use in making special recruitment efforts.
174.11  [257.072, subd. 1] 
174.12     Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
174.13  human services shall: 
174.14     (1) in cooperation with child-placing agencies, develop a 
174.15  cost-effective campaign using radio and television to recruit 
174.16  adoptive and foster families that reflect the ethnic and racial 
174.17  diversity of children in the state for whom adoptive and foster 
174.18  homes are needed; and 
174.19     (2) require that agency staff people who work in the area 
174.20  of adoption and foster family recruitment participate in 
174.21  cultural competency training.  [257.072, subd. 2] 
174.22     Subd. 3.  [RECRUITMENT SPECIALIST.] The commissioner shall 
174.23  designate a permanent professional staff position for 
174.24  recruitment of foster and adoptive families.  The recruitment 
174.25  specialist shall provide services to child-placing agencies 
174.26  seeking to recruit adoptive and foster care families and 
174.27  qualified professional staff.  The recruitment specialist shall: 
174.28     (1) develop materials for use by the agencies in training 
174.29  staff; 
174.30     (2) conduct in-service workshops for agency personnel; 
174.31     (3) provide consultation, technical assistance, and other 
174.32  appropriate services to agencies to strengthen and improve 
174.33  service delivery to diverse populations; and 
174.34     (4) conduct workshops for foster care and adoption 
174.35  recruiters to evaluate the effectiveness of techniques for 
174.36  recruiting foster and adoptive families; and 
175.1      (5) perform other duties as assigned by the commissioner to 
175.2   implement the Minnesota Indian Family Preservation Act, sections 
175.3   260.751 to 260.835. 
175.4      The commissioner may contract for portions of these 
175.5   services.  [257.072, subd. 3] 
175.6      Subd. 4.  [CONSULTATION WITH REPRESENTATIVES.] The 
175.7   commissioner of human services, after seeking and considering 
175.8   advice from representatives reflecting diverse populations from 
175.9   the councils established under sections 3.922, 3.9223, 3.9225, 
175.10  and 3.9226, and other state, local, and community organizations 
175.11  shall: 
175.12     (1) review, and where necessary, revise the department of 
175.13  human services social service manual and practice guide to 
175.14  reflect federal and state policy direction on placement of 
175.15  children; 
175.16     (2) develop criteria for determining whether a prospective 
175.17  adoptive or foster family has the ability to understand and 
175.18  validate the child's cultural background; 
175.19     (3) develop a standardized training curriculum for adoption 
175.20  and foster care workers, family-based providers, and 
175.21  administrators who work with children.  Training must address 
175.22  the following objectives: 
175.23     (a) developing and maintaining sensitivity to all cultures; 
175.24     (b) assessing values and their cultural implications; and 
175.25     (c) making individualized decisions that advance the best 
175.26  interests of a particular child under section 260C.212, 
175.27  subdivision 2; 
175.28     (4) develop a training curriculum for family and extended 
175.29  family members of adoptive and foster children.  The curriculum 
175.30  must address issues relating to cross-cultural placements as 
175.31  well as issues that arise after a foster or adoptive placement 
175.32  is made; and 
175.33     (5) develop and provide to agencies an assessment tool to 
175.34  be used in combination with group interviews and other 
175.35  preplacement activities to evaluate prospective adoptive and 
175.36  foster families.  The tool must assess problem-solving skills; 
176.1   identify parenting skills; and evaluate the degree to which the 
176.2   prospective family has the ability to understand and validate 
176.3   the child's cultural background.  [257.072, subd. 4] 
176.4      Subd. 5.  [PLACEMENT REPORTS.] Beginning December 1, 1996, 
176.5   the commissioner shall provide to the Indian affairs council, 
176.6   the council on affairs of Chicano/Latino people, the council on 
176.7   Black Minnesotans, and the council on Asian-Pacific Minnesotans 
176.8   the annual report required under section 257.0725.  [257.072, 
176.9   subd. 5] 
176.10     Subd. 6.  [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 
176.11  authorized child-placing agency must: 
176.12     (1) develop and follow procedures for implementing the 
176.13  requirements of section 260C.193, subdivision 3, and the Indian 
176.14  Child Welfare Act, United States Code, title 25, sections 1901 
176.15  to 1923; 
176.16     (2) have a written plan for recruiting adoptive and foster 
176.17  families that reflect the ethnic and racial diversity of 
176.18  children who are in need of foster and adoptive homes.  The plan 
176.19  must include (a) strategies for using existing resources in 
176.20  diverse communities, (b) use of diverse outreach staff wherever 
176.21  possible, (c) use of diverse foster homes for placements after 
176.22  birth and before adoption, and (d) other techniques as 
176.23  appropriate; 
176.24     (3) have a written plan for training adoptive and foster 
176.25  families; 
176.26     (4) have a written plan for employing staff in adoption and 
176.27  foster care who have the capacity to assess the foster and 
176.28  adoptive parents' ability to understand and validate a child's 
176.29  cultural needs, and to advance the best interests of the child.  
176.30  The plan must include staffing goals and objectives; 
176.31     (5) ensure that adoption and foster care workers attend 
176.32  training offered or approved by the department of human services 
176.33  regarding cultural diversity and the needs of special needs 
176.34  children; and 
176.35     (6) develop and implement procedures for implementing the 
176.36  requirements of the Indian Child Welfare Act and the Minnesota 
177.1   Indian Family Preservation Act. 
177.2      (b) In implementing the requirement to consider relatives 
177.3   for placement, an authorized child-placing agency may disclose 
177.4   private or confidential data, as defined in section 13.02, to 
177.5   relatives of the child for the purpose of locating a suitable 
177.6   placement.  The agency shall disclose only data that is 
177.7   necessary to facilitate implementing the preference.  If a 
177.8   parent makes an explicit request that the relative preference 
177.9   not be followed, the agency shall bring the matter to the 
177.10  attention of the court to determine whether the parent's request 
177.11  is consistent with the best interests of the child and the 
177.12  agency shall not contact relatives unless ordered to do so by 
177.13  the juvenile court; and 
177.14     (c) In determining the suitability of a proposed placement 
177.15  of an Indian child, the standards to be applied must be the 
177.16  prevailing social and cultural standards of the Indian child's 
177.17  community, and the agency shall defer to tribal judgment as to 
177.18  suitability of a particular home when the tribe has intervened 
177.19  pursuant to the Indian Child Welfare Act.  [257.072, subd. 7] 
177.20     Subd. 7.  [REPORTING REQUIREMENTS.] Each authorized 
177.21  child-placing agency shall provide to the commissioner of human 
177.22  services all data needed by the commissioner for the report 
177.23  required by section 257.0725.  The agency shall provide the data 
177.24  within 15 days of the end of the period for which the data is 
177.25  applicable.  [257.072, subd. 8] 
177.26     Subd. 8.  [RULES.] The commissioner of human services shall 
177.27  adopt rules to establish standards for conducting relative 
177.28  searches, recruiting foster and adoptive families, evaluating 
177.29  the role of relative status in the reconsideration of 
177.30  disqualifications under section 245A.04, subdivision 3b, and 
177.31  granting variances of licensing requirements under section 
177.32  245A.04, subdivision 9, in licensing or approving an individual 
177.33  related to a child.  [257.072, subd. 9] 
177.34     Sec. 29.  [260C.301] [GROUNDS FOR TERMINATION OF PARENTAL 
177.35  RIGHTS.] 
177.36     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
178.1   court may upon petition, terminate all rights of a parent to a 
178.2   child with the written consent of a parent who for good cause 
178.3   desires to terminate parental rights; or if it finds that one or 
178.4   more of the following conditions exist: 
178.5      (1) that the parent has abandoned the child; or 
178.6      (2) that the parent has substantially, continuously, or 
178.7   repeatedly refused or neglected to comply with the duties 
178.8   imposed upon that parent by the parent and child relationship, 
178.9   including but not limited to providing the child with necessary 
178.10  food, clothing, shelter, education, and other care and control 
178.11  necessary for the child's physical, mental, or emotional health 
178.12  and development, if the parent is physically and financially 
178.13  able, and reasonable efforts by the social service agency have 
178.14  failed to correct the conditions that formed the basis of the 
178.15  petition; or 
178.16     (3) that a parent has been ordered to contribute to the 
178.17  support of the child or financially aid in the child's birth and 
178.18  has continuously failed to do so without good cause.  This 
178.19  clause shall not be construed to state a grounds for termination 
178.20  of parental rights of a noncustodial parent if that parent has 
178.21  not been ordered to or cannot financially contribute to the 
178.22  support of the child or aid in the child's birth; or 
178.23     (4) that a parent is palpably unfit to be a party to the 
178.24  parent and child relationship because of a consistent pattern of 
178.25  specific conduct before the child or of specific conditions 
178.26  directly relating to the parent and child relationship either of 
178.27  which are determined by the court to be of a duration or nature 
178.28  that renders the parent unable, for the reasonably foreseeable 
178.29  future, to care appropriately for the ongoing physical, mental, 
178.30  or emotional needs of the child.  It is presumed that a parent 
178.31  is palpably unfit to be a party to the parent and child 
178.32  relationship upon a showing that: 
178.33     (i) the child was adjudicated in need of protection or 
178.34  services due to circumstances described in section 260C.007, 
178.35  subdivision 4, clause (1), (2), (3), (5), or (8); and 
178.36     (ii) the parent's parental rights to one or more other 
179.1   children were involuntarily terminated under clause (1), (2), 
179.2   (4), or (7), or under clause (5) if the child was initially 
179.3   determined to be in need of protection or services due to 
179.4   circumstances described in section 260C.007, subdivision 4, 
179.5   clause (1), (2), (3), (5), or (8); or 
179.6      (5) that following upon a determination of neglect or 
179.7   dependency, or of a child's need for protection or services, 
179.8   reasonable efforts, under the direction of the court, have 
179.9   failed to correct the conditions leading to the determination.  
179.10  It is presumed that reasonable efforts under this clause have 
179.11  failed upon a showing that: 
179.12     (i) a child has resided out of the parental home under 
179.13  court order for a cumulative period of more than one year within 
179.14  a five-year period following an adjudication of dependency, 
179.15  neglect, need for protection or services under section 260C.007, 
179.16  subdivision 4, clause (1), (2), (3), (6), (8), or (9), or 
179.17  neglected and in foster care, and an order for disposition under 
179.18  section 260C.201, including adoption of the case plan required 
179.19  by section 260C.212; 
179.20     (ii) conditions leading to the determination will not be 
179.21  corrected within the reasonably foreseeable future.  It is 
179.22  presumed that conditions leading to a child's out-of-home 
179.23  placement will not be corrected in the reasonably foreseeable 
179.24  future upon a showing that the parent or parents have not 
179.25  substantially complied with the court's orders and a reasonable 
179.26  case plan, and the conditions which led to the out-of-home 
179.27  placement have not been corrected; and 
179.28     (iii) reasonable efforts have been made by the social 
179.29  service agency to rehabilitate the parent and reunite the family.
179.30     This clause does not prohibit the termination of parental 
179.31  rights prior to one year after a child has been placed out of 
179.32  the home.  
179.33     It is also presumed that reasonable efforts have failed 
179.34  under this clause upon a showing that: 
179.35     (i) the parent has been diagnosed as chemically dependent 
179.36  by a professional certified to make the diagnosis; 
180.1      (ii) the parent has been required by a case plan to 
180.2   participate in a chemical dependency treatment program; 
180.3      (iii) the treatment programs offered to the parent were 
180.4   culturally, linguistically, and clinically appropriate; 
180.5      (iv) the parent has either failed two or more times to 
180.6   successfully complete a treatment program or has refused at two 
180.7   or more separate meetings with a caseworker to participate in a 
180.8   treatment program; and 
180.9      (v) the parent continues to abuse chemicals.  
180.10  Provided, that this presumption applies only to parents required 
180.11  by a case plan to participate in a chemical dependency treatment 
180.12  program on or after July 1, 1990; or 
180.13     (6) that a child has experienced egregious harm in the 
180.14  parent's care which is of a nature, duration, or chronicity that 
180.15  indicates a lack of regard for the child's well-being, such that 
180.16  a reasonable person would believe it contrary to the best 
180.17  interest of the child or of any child to be in the parent's 
180.18  care; or 
180.19     (7) that in the case of a child born to a mother who was 
180.20  not married to the child's father when the child was conceived 
180.21  nor when the child was born the person is not entitled to notice 
180.22  of an adoption hearing under section 259.49 and the person has 
180.23  not registered with the putative fathers' adoption registry 
180.24  under section 259.52; or 
180.25     (8) that the child is neglected and in foster care; or 
180.26     (9) that the parent has been convicted of a crime listed in 
180.27  section 260.012, paragraph (b), clauses (1) to (3). 
180.28     In an action involving an American Indian child, sections 
180.29  260.751 to 260.835 and the Indian Child Welfare Act, United 
180.30  States Code, title 25, sections 1901 to 1923, control to the 
180.31  extent that the provisions of this section are inconsistent with 
180.32  those laws.  [260.221, subd. 1] 
180.33     Subd. 2.  [EVIDENCE OF ABANDONMENT.] For purposes of 
180.34  subdivision 1, clause (1): 
180.35     (a) Abandonment is presumed when: 
180.36     (1) the parent has had no contact with the child on a 
181.1   regular basis and not demonstrated consistent interest in the 
181.2   child's well-being for six months; and 
181.3      (2) the social service agency has made reasonable efforts 
181.4   to facilitate contact, unless the parent establishes that an 
181.5   extreme financial or physical hardship or treatment for mental 
181.6   disability or chemical dependency or other good cause prevented 
181.7   the parent from making contact with the child.  This presumption 
181.8   does not apply to children whose custody has been determined 
181.9   under chapter 260, 260C, or 518.  The court is not prohibited 
181.10  from finding abandonment in the absence of this presumption. 
181.11     (b) The following are prima facie evidence of abandonment 
181.12  where adoption proceedings are pending and there has been a 
181.13  showing that the person was not entitled to notice of an 
181.14  adoption proceeding under section 259.49: 
181.15     (1) failure to register with the putative fathers' adoption 
181.16  registry under section 259.52; or 
181.17     (2) if the person registered with the putative fathers' 
181.18  adoption registry under section 259.52: 
181.19     (i) filing a denial of paternity within 30 days of receipt 
181.20  of notice under section 259.52, subdivision 8; 
181.21     (ii) failing to timely file an intent to claim parental 
181.22  rights with entry of appearance form within 30 days of receipt 
181.23  of notice under section 259.52, subdivision 10; or 
181.24     (iii) timely filing an intent to claim parental rights with 
181.25  entry of appearance form within 30 days of receipt of notice 
181.26  under section 259.52, subdivision 10, but failing to initiate a 
181.27  paternity action within 30 days of receiving the putative 
181.28  fathers' adoption registry notice where there has been no 
181.29  showing of good cause for the delay.  [260.221, subd. 1a] 
181.30     Subd. 3.  [ADOPTIVE PARENT.] For purposes of subdivision 1, 
181.31  clause (a), an adoptive parent may not terminate parental rights 
181.32  to an adopted child for a reason that would not apply to a birth 
181.33  parent seeking termination of parental rights to a child under 
181.34  subdivision 1, clause (a).  [260.221, subd. 2] 
181.35     Subd. 4.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
181.36  subdivision 1, clause (b), no prior judicial finding of 
182.1   dependency, neglect, need for protection or services, or 
182.2   neglected and in foster care is required, except as provided in 
182.3   subdivision 1, clause (b), item (5).  [260.221, subd. 3] 
182.4      Subd. 5.  [BEST INTERESTS OF CHILD PARAMOUNT.] In any 
182.5   proceeding under this section, the best interests of the child 
182.6   must be the paramount consideration, provided that the 
182.7   conditions in subdivision 1, clause (a), or at least one 
182.8   condition in subdivision 1, clause (b), are found by the court.  
182.9   In proceedings involving an American Indian child, as defined in 
182.10  section 260.755, subdivision 8, the best interests of the child 
182.11  must be determined consistent with the Indian Child Welfare Act 
182.12  of 1978, United States Code, title 25, section 1901, et seq.  
182.13  Where the interests of parent and child conflict, the interests 
182.14  of the child are paramount.  [260.221, subd. 4] 
182.15     Subd. 6.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
182.16  proceeding under this section, the court shall make specific 
182.17  findings: 
182.18     (1) regarding the nature and extent of efforts made by the 
182.19  social service agency to rehabilitate the parent and reunite the 
182.20  family; 
182.21     (2) that provision of services or further services for the 
182.22  purpose of rehabilitation and reunification is futile and 
182.23  therefore unreasonable under the circumstances; or 
182.24     (3) that reunification is not required because the parent 
182.25  has been convicted of a crime listed in section 260.012, 
182.26  paragraph (b), clauses (1) to (3).  [260.221, subd. 5] 
182.27     Sec. 30.  [260C.303] [VENUE.] 
182.28     Venue for proceedings for the termination of parental 
182.29  rights is either the county where the child resides or is found. 
182.30  However, if a court has made an order under the provisions of 
182.31  section 260C.201, and the order is in force at the time a 
182.32  petition for termination of parental rights is filed, the court 
182.33  making the order shall hear the termination of parental rights 
182.34  proceeding unless it transfers the proceeding in the manner 
182.35  provided in section 260C.121, subdivision 2.  [260.225] 
182.36     Sec. 31.  [260C.307] [PROCEDURES IN TERMINATING PARENTAL 
183.1   RIGHTS.] 
183.2      Subdivision 1.  [WHO MAY PETITION.] Any reputable person, 
183.3   including but not limited to any agent of the commissioner of 
183.4   human services, having knowledge of circumstances which indicate 
183.5   that the rights of a parent to a child should be terminated, may 
183.6   petition the juvenile court in the manner provided in section 
183.7   260C.141, subdivisions 4 and 5.  [260.231, subd. 1] 
183.8      Subd. 2.  [HEARING REQUIREMENT.] The termination of 
183.9   parental rights under the provisions of section 260C.301, shall 
183.10  be made only after a hearing before the court, in the manner 
183.11  provided in section 260C.163.  [260.231, subd. 2] 
183.12     Subd. 3.  [NOTICE.] The court shall have notice of the 
183.13  time, place, and purpose of the hearing served on the parents, 
183.14  as defined in sections 257.51 to 257.74 or 259.49, subdivision 
183.15  1, clause (2), and upon the child's grandparent if the child has 
183.16  lived with the grandparent within the two years immediately 
183.17  preceding the filing of the petition.  Notice must be served in 
183.18  the manner provided in sections 260C.151 and 260C.152, except 
183.19  that personal service shall be made at least ten days before the 
183.20  day of the hearing.  Published notice shall be made for three 
183.21  weeks, the last publication to be at least ten days before the 
183.22  day of the hearing; and notice sent by certified mail shall be 
183.23  mailed at least 20 days before the day of the hearing.  A parent 
183.24  who consents to the termination of parental rights under the 
183.25  provisions of section 260C.301, subdivision 2, clause (a), may 
183.26  waive in writing the notice required by this subdivision; 
183.27  however, if the parent is a minor or incompetent the waiver 
183.28  shall be effective only if the parent's guardian ad litem 
183.29  concurs in writing.  [260.231, subd. 3] 
183.30     Subd. 4.  [CONSENT.] No parental rights of a minor or 
183.31  incompetent parent may be terminated on consent of the parents 
183.32  under the provisions of section 260C.301, subdivision 2, clause 
183.33  (a), unless the guardian ad litem, in writing, joins in the 
183.34  written consent of the parent to the termination of parental 
183.35  rights.  [260.231, subd. 4] 
183.36     Sec. 32.  [260C.312] [DISPOSITION; PARENTAL RIGHTS NOT 
184.1   TERMINATED.] 
184.2      If, after a hearing, the court does not terminate parental 
184.3   rights but determines that the child is in need of protection or 
184.4   services, or that the child is neglected and in foster care, the 
184.5   court may find the child is in need of protection or services or 
184.6   neglected and in foster care and may enter an order in 
184.7   accordance with the provisions of section 260C.201.  [260.235] 
184.8      Sec. 33.  [260C.317] [TERMINATION OF PARENTAL RIGHTS; 
184.9   EFFECT.] 
184.10     Subdivision 1.  [TERMINATION.] If, after a hearing, the 
184.11  court finds by clear and convincing evidence that one or more of 
184.12  the conditions set out in section 260C.301 exist, it may 
184.13  terminate parental rights.  Upon the termination of parental 
184.14  rights all rights, powers, privileges, immunities, duties, and 
184.15  obligations, including any rights to custody, control, 
184.16  visitation, or support existing between the child and parent 
184.17  shall be severed and terminated and the parent shall have no 
184.18  standing to appear at any further legal proceeding concerning 
184.19  the child.  Provided, however, that a parent whose parental 
184.20  rights are terminated: 
184.21     (1) shall remain liable for the unpaid balance of any 
184.22  support obligation owed under a court order upon the effective 
184.23  date of the order terminating parental rights; and 
184.24     (2) may be a party to a communication or contact agreement 
184.25  under section 259.58.  [260.241, subd. 1] 
184.26     Subd. 2.  [ORDER.] An order terminating the parent and 
184.27  child relationship shall not disentitle a child to any benefit 
184.28  due the child from any third person, agency, state, or the 
184.29  United States, nor shall any action under this section be deemed 
184.30  to affect any rights and benefits that a child derives from the 
184.31  child's descent from a member of a federally recognized Indian 
184.32  tribe.  [260.241, subd. 2] 
184.33     Subd. 3.  [RETENTION OF JURISDICTION.] (a) A certified copy 
184.34  of the findings and the order terminating parental rights, and a 
184.35  summary of the court's information concerning the child shall be 
184.36  furnished by the court to the commissioner or the agency to 
185.1   which guardianship is transferred.  The orders shall be on a 
185.2   document separate from the findings.  The court shall furnish 
185.3   the individual to whom guardianship is transferred a copy of the 
185.4   order terminating parental rights. 
185.5      (b) The court shall retain jurisdiction in a case where 
185.6   adoption is the intended permanent placement disposition.  The 
185.7   guardian ad litem and counsel for the child shall continue on 
185.8   the case until an adoption decree is entered.  A hearing must be 
185.9   held every 90 days following termination of parental rights for 
185.10  the court to review progress toward an adoptive placement. 
185.11     (c) The court shall retain jurisdiction in a case where 
185.12  long-term foster care is the permanent disposition.  The 
185.13  guardian ad litem and counsel for the child must be dismissed 
185.14  from the case on the effective date of the permanent placement 
185.15  order.  However, the foster parent and the child, if of 
185.16  sufficient age, must be informed how they may contact a guardian 
185.17  ad litem if the matter is subsequently returned to court.  
185.18  [260.241, subd. 3] 
185.19     Subd. 4.  [RIGHTS OF TERMINATED PARENT.] Upon entry of an 
185.20  order terminating the parental rights of any person who is 
185.21  identified as a parent on the original birth certificate of the 
185.22  child as to whom the parental rights are terminated, the court 
185.23  shall cause written notice to be made to that person setting 
185.24  forth: 
185.25     (a) The right of the person to file at any time with the 
185.26  state registrar of vital statistics a consent to disclosure, as 
185.27  defined in section 144.212, subdivision 11; 
185.28     (b) The right of the person to file at any time with the 
185.29  state registrar of vital statistics an affidavit stating that 
185.30  the information on the original birth certificate shall not be 
185.31  disclosed as provided in section 144.1761; 
185.32     (c) The effect of a failure to file either a consent to 
185.33  disclosure, as defined in section 144.212, subdivision 11, or an 
185.34  affidavit stating that the information on the original birth 
185.35  certificate shall not be disclosed.  [260.241, subd. 4] 
185.36     Sec. 34.  [260C.325] [GUARDIAN.] 
186.1      Subdivision 1.  [TRANSFER OF CUSTODY.] If the court 
186.2   terminates parental rights of both parents or of the only known 
186.3   living parent, the court shall order the guardianship and the 
186.4   legal custody of the child transferred to:  
186.5      (a) The commissioner of human services; or 
186.6      (b) A licensed child-placing agency; or 
186.7      (c) An individual who is willing and capable of assuming 
186.8   the appropriate duties and responsibilities to the child.  
186.9   [260.242, subd. 1] 
186.10     Subd. 2.  [PROTECTION OF HERITAGE OR BACKGROUND.] In 
186.11  ordering guardianship and transferring legal custody of the 
186.12  child to an individual under this section, the court shall 
186.13  comply with the provisions of section 260C.193, subdivision 3.  
186.14  [260.242, subd. 1a] 
186.15     Subd. 3.  [BOTH PARENTS DECEASED.] If upon petition to the 
186.16  juvenile court by a reputable person, including but not limited 
186.17  to an agent of the commissioner of human services, and upon 
186.18  hearing in the manner provided in section 260C.163, the court 
186.19  finds that both parents are deceased and no appointment has been 
186.20  made or petition for appointment filed pursuant to sections 
186.21  525.615 to 525.6185, the court shall order the guardianship and 
186.22  legal custody of the child transferred to:  
186.23     (a) the commissioner of human services; 
186.24     (b) a licensed child-placing agency; or 
186.25     (c) an individual who is willing and capable of assuming 
186.26  the appropriate duties and responsibilities to the child.  
186.27  [260.242, subd. 1b] 
186.28     Subd. 4.  [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 
186.29  appointed under the provisions of this section has legal custody 
186.30  of a ward unless the court which appoints the guardian gives 
186.31  legal custody to some other person.  If the court awards custody 
186.32  to a person other than the guardian, the guardian nonetheless 
186.33  has the right and responsibility of reasonable visitation, 
186.34  except as limited by court order.  
186.35     (b) The guardian may make major decisions affecting the 
186.36  person of the ward, including but not limited to giving consent 
187.1   (when consent is legally required) to the marriage, enlistment 
187.2   in the armed forces, medical, surgical, or psychiatric 
187.3   treatment, or adoption of the ward.  When, pursuant to this 
187.4   section, the commissioner of human services is appointed 
187.5   guardian, the commissioner may delegate to the local social 
187.6   services agency of the county in which, after the appointment, 
187.7   the ward resides, the authority to act for the commissioner in 
187.8   decisions affecting the person of the ward, including but not 
187.9   limited to giving consent to the marriage, enlistment in the 
187.10  armed forces, medical, surgical, or psychiatric treatment of the 
187.11  ward. 
187.12     (c) A guardianship created under the provisions of this 
187.13  section shall not of itself include the guardianship of the 
187.14  estate of the ward.  
187.15     (d) If the ward is in foster care, the court shall, upon 
187.16  its own motion or that of the guardian, conduct a dispositional 
187.17  hearing within 18 months of the child's initial foster care 
187.18  placement and once every 12 months thereafter to determine the 
187.19  future status of the ward including, but not limited to, whether 
187.20  the child should be continued in foster care for a specified 
187.21  period, should be placed for adoption, or should, because of the 
187.22  child's special needs or circumstances, be continued in foster 
187.23  care on a long-term basis.  [260.242, subd. 2] 
187.24     Sec. 35.  [260C.328] [CHANGE OF GUARDIAN; TERMINATION OF 
187.25  GUARDIANSHIP.] 
187.26     Upon its own motion or upon petition of an interested 
187.27  party, the juvenile court having jurisdiction of the child may, 
187.28  after notice to the parties and a hearing, remove the guardian 
187.29  appointed by the juvenile court and appoint a new guardian in 
187.30  accordance with the provisions of section 260C.325, subdivision 
187.31  1, clause (a), (b), or (c).  Upon a showing that the child is 
187.32  emancipated, the court may discharge the guardianship.  Any 
187.33  child 14 years of age or older who is not adopted but who is 
187.34  placed in a satisfactory foster home, may, with the consent of 
187.35  the foster parents, join with the guardian appointed by the 
187.36  juvenile court in a petition to the court having jurisdiction of 
188.1   the child to discharge the existing guardian and appoint the 
188.2   foster parents as guardians of the child.  The authority of a 
188.3   guardian appointed by the juvenile court terminates when the 
188.4   individual under guardianship is no longer a minor or when 
188.5   guardianship is otherwise discharged.  [260.245] 
188.6      Sec. 36.  [260C.331] [COSTS OF CARE.] 
188.7      Subdivision 1.  [CARE, EXAMINATION, OR TREATMENT.] (a) 
188.8   Except where parental rights are terminated, 
188.9      (1) whenever legal custody of a child is transferred by the 
188.10  court to a local social services agency, or 
188.11     (2) whenever legal custody is transferred to a person other 
188.12  than the local social services agency, but under the supervision 
188.13  of the local social services agency, 
188.14     (3) whenever a child is given physical or mental 
188.15  examinations or treatment under order of the court, and no 
188.16  provision is otherwise made by law for payment for the care, 
188.17  examination, or treatment of the child, these costs are a charge 
188.18  upon the welfare funds of the county in which proceedings are 
188.19  held upon certification of the judge of juvenile court. 
188.20     (b) The court shall order, and the local social services 
188.21  agency shall require, the parents or custodian of a child, while 
188.22  the child is under the age of 18, to use the total income and 
188.23  resources attributable to the child for the period of care, 
188.24  examination, or treatment, except for clothing and personal 
188.25  needs allowance as provided in section 256B.35, to reimburse the 
188.26  county for the cost of care, examination, or treatment.  Income 
188.27  and resources attributable to the child include, but are not 
188.28  limited to, social security benefits, supplemental security 
188.29  income (SSI), veterans benefits, railroad retirement benefits 
188.30  and child support.  When the child is over the age of 18, and 
188.31  continues to receive care, examination, or treatment, the court 
188.32  shall order, and the local social services agency shall require, 
188.33  reimbursement from the child for the cost of care, examination, 
188.34  or treatment from the income and resources attributable to the 
188.35  child less the clothing and personal needs allowance.  
188.36     (c) If the income and resources attributable to the child 
189.1   are not enough to reimburse the county for the full cost of the 
189.2   care, examination, or treatment, the court shall inquire into 
189.3   the ability of the parents to support the child and, after 
189.4   giving the parents a reasonable opportunity to be heard, the 
189.5   court shall order, and the local social services agency shall 
189.6   require, the parents to contribute to the cost of care, 
189.7   examination, or treatment of the child.  When determining the 
189.8   amount to be contributed by the parents, the court shall use a 
189.9   fee schedule based upon ability to pay that is established by 
189.10  the local social services agency and approved by the 
189.11  commissioner of human services.  The income of a stepparent who 
189.12  has not adopted a child shall be excluded in calculating the 
189.13  parental contribution under this section. 
189.14     (d) The court shall order the amount of reimbursement 
189.15  attributable to the parents or custodian, or attributable to the 
189.16  child, or attributable to both sources, withheld under chapter 
189.17  518 from the income of the parents or the custodian of the 
189.18  child.  A parent or custodian who fails to pay without good 
189.19  reason may be proceeded against for contempt, or the court may 
189.20  inform the county attorney, who shall proceed to collect the 
189.21  unpaid sums, or both procedures may be used. 
189.22     (e) If the court orders a physical or mental examination 
189.23  for a child, the examination is a medically necessary service 
189.24  for purposes of determining whether the service is covered by a 
189.25  health insurance policy, health maintenance contract, or other 
189.26  health coverage plan.  Court-ordered treatment shall be subject 
189.27  to policy, contract, or plan requirements for medical 
189.28  necessity.  Nothing in this paragraph changes or eliminates 
189.29  benefit limits, conditions of coverage, copayments or 
189.30  deductibles, provider restrictions, or other requirements in the 
189.31  policy, contract, or plan that relate to coverage of other 
189.32  medically necessary services.  [260.251, subd.1 (omitting 
189.33  delinquency-related text)] 
189.34     Subd. 2.  [COST OF GROUP FOSTER CARE.] Whenever a child is 
189.35  placed in a group foster care facility as provided in section 
189.36  260C.201, subdivision 1, paragraph (b), clause (2) or (3), the 
190.1   cost of providing the care shall, upon certification by the 
190.2   juvenile court, be paid from the welfare fund of the county in 
190.3   which the proceedings were held.  To reimburse the counties for 
190.4   the costs of promoting the establishment of suitable group 
190.5   foster homes, the state shall quarterly, from funds appropriated 
190.6   for that purpose, reimburse counties 50 percent of the costs not 
190.7   paid by federal and other available state aids and grants.  
190.8   Reimbursement shall be prorated if the appropriation is 
190.9   insufficient. 
190.10     The commissioner of corrections shall establish procedures 
190.11  for reimbursement and certify to the commissioner of finance 
190.12  each county entitled to receive state aid under the provisions 
190.13  of this subdivision.  Upon receipt of a certificate the 
190.14  commissioner of finance shall issue a state warrant to the 
190.15  county treasurer for the amount due, together with a copy of the 
190.16  certificate prepared by the commissioner of corrections.  
190.17  [260.251, subd. 1a] 
190.18     Subd. 3.  [COURT EXPENSES.] The following expenses are a 
190.19  charge upon the county in which proceedings are held upon 
190.20  certification of the judge of juvenile court or upon such other 
190.21  authorization provided by law: 
190.22     (a) The fees and mileage of witnesses, and the expenses and 
190.23  mileage of officers serving notices and subpoenas ordered by the 
190.24  court, as prescribed by law. 
190.25     (b) The expenses for travel and board of the juvenile court 
190.26  judge when holding court in places other than the county seat. 
190.27     (c) The expense of transporting a child to a place 
190.28  designated by a child-placing agency for the care of the child 
190.29  if the court transfers legal custody to a child-placing agency.  
190.30     (d) The expense of transporting a minor to a place 
190.31  designated by the court.  
190.32     (e) Reasonable compensation for an attorney appointed by 
190.33  the court to serve as counsel or guardian ad litem.  [260.251, 
190.34  subd. 2] 
190.35     Subd. 4.  [LEGAL SETTLEMENT.] The county charged with the 
190.36  costs and expenses under subdivisions 1 and 3 may recover these 
191.1   costs and expenses from the county where the minor has legal 
191.2   settlement for general assistance purposes by filing verified 
191.3   claims which shall be payable as are other claims against the 
191.4   county.  A detailed statement of the facts upon which the claim 
191.5   is based shall accompany the claim.  If a dispute relating to 
191.6   general assistance settlement arises, the local social services 
191.7   agency of the county denying legal settlement shall send a 
191.8   detailed statement of the facts upon which the claim is denied 
191.9   together with a copy of the detailed statement of the facts upon 
191.10  which the claim is based to the commissioner of human services.  
191.11  The commissioner shall immediately investigate and determine the 
191.12  question of general assistance settlement and shall certify 
191.13  findings to the local social services agency of each county.  
191.14  The decision of the commissioner is final and shall be complied 
191.15  with unless, within 30 days thereafter, action is taken in 
191.16  district court as provided in section 256.045.  [260.251, subd. 
191.17  3] 
191.18     Subd. 5.  [ATTORNEYS FEES.] In proceedings in which the 
191.19  court has appointed counsel pursuant to section 260C.163, 
191.20  subdivision 3, for a minor unable to employ counsel, the court 
191.21  may inquire into the ability of the parents to pay for such 
191.22  counsel's services and, after giving the parents a reasonable 
191.23  opportunity to be heard, may order the parents to pay attorneys 
191.24  fees.  [260.251, subd. 4] 
191.25     Subd. 6.  [GUARDIAN AD LITEM FEES.] In proceedings in which 
191.26  the court appoints a guardian ad litem pursuant to section 
191.27  260C.163, subdivision 5, clause (a), the court may inquire into 
191.28  the ability of the parents to pay for the guardian ad litem's 
191.29  services and, after giving the parents a reasonable opportunity 
191.30  to be heard, may order the parents to pay guardian fees.  
191.31  [260.251, subd. 5] 
191.32     Sec. 37.  [260C.335] [JURISDICTION OVER PERSONS 
191.33  CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES; COURT ORDERS.] 
191.34     Subdivision 1.  [JURISDICTION.] The juvenile court has 
191.35  jurisdiction over persons contributing to the need for 
191.36  protection or services of a child under the provisions of 
192.1   subdivision 2 or 3.  [260.255, subd. 1 (omitting 
192.2   delinquency-related text)] 
192.3      Subd. 2.  [CHIPS ORDERS.] If in the hearing of a case of a 
192.4   child alleged to be in need of protection or services it appears 
192.5   by a fair preponderance of the evidence that any person has 
192.6   violated the provisions of section 260C.425, the court may make 
192.7   any of the following orders: 
192.8      (a) Restrain the person from any further act or omission in 
192.9   violation of section 260C.425; or 
192.10     (b) Prohibit the person from associating or communicating 
192.11  in any manner with the child; or 
192.12     (c) Provide for the maintenance or care of the child, if 
192.13  the person is responsible for such, and direct when, how, and 
192.14  where money for such maintenance or care shall be paid.  
192.15  [260.255, subd. 2 (omitting delinquency-related text)] 
192.16     Subd. 3.  [ORDER TO SHOW CAUSE.] Before making any order 
192.17  under subdivision 2 the court shall issue an order to show 
192.18  cause, either upon its own motion or upon a verified petition, 
192.19  specifying the charges made against the person and fixing the 
192.20  time and place of the hearing.  The order to show cause shall be 
192.21  served personally and shall be heard in the same manner as 
192.22  provided in other cases in the juvenile court.  [260.255, subd. 
192.23  3] 
192.24     Sec. 38.  [260C.401] [JURISDICTION OF CERTAIN JUVENILE 
192.25  COURTS OVER OFFENSE OF CONTRIBUTING TO NEGLECT.] 
192.26     In counties having a population of over 200,000 the 
192.27  juvenile court has jurisdiction of the offenses described in 
192.28  section 260C.425.  Prosecutions hereunder shall be begun by 
192.29  complaint duly verified and filed in the juvenile court of the 
192.30  county.  The court may impose conditions upon a defendant who is 
192.31  found guilty and, so long as the defendant complies with these 
192.32  conditions to the satisfaction of the court, the sentence 
192.33  imposed may be suspended.  [260.261] 
192.34     Sec. 39.  [260C.405] [VIOLATION OF AN ORDER FOR 
192.35  PROTECTION.] 
192.36     Subdivision 1.  [VIOLATION; PENALTY.] Whenever an order for 
193.1   protection is granted pursuant to section 260C.148 or 260C.201, 
193.2   subdivision 3, restraining the person or excluding the person 
193.3   from the residence, and the respondent or person to be 
193.4   restrained knows of the order, violation of the order for 
193.5   protection is a misdemeanor.  [260.271, subd. 1] 
193.6      Subd. 2.  [ARREST.] A peace officer shall arrest without a 
193.7   warrant and take into custody a person whom the peace officer 
193.8   has probable cause to believe has violated an order granted 
193.9   pursuant to section 260C.148 or 260C.201, subdivision 3, 
193.10  restraining the person or excluding the person from the 
193.11  residence, if the existence of the order can be verified by the 
193.12  officer.  [260.271, subd. 2] 
193.13     Subd. 3.  [CONTEMPT.] A violation of an order for 
193.14  protection shall also constitute contempt of court and the 
193.15  person violating the order shall be subject to the penalties for 
193.16  contempt.  [260.271, subd. 3] 
193.17     Subd. 4.  [ORDER TO SHOW CAUSE.] Upon the filing of an 
193.18  affidavit by the agency or any peace officer, alleging that the 
193.19  respondent has violated an order for protection granted pursuant 
193.20  to section 260C.148 or 260C.201, subdivision 3, the court may 
193.21  issue an order to the respondent, requiring the respondent to 
193.22  appear and show cause within 14 days why the respondent should 
193.23  not be found in contempt of court.  The hearing may be held by 
193.24  the court in any county in which the child or respondent 
193.25  temporarily or permanently resides at the time of the alleged 
193.26  violation.  
193.27     A peace officer is not liable under section 609.43, clause 
193.28  (1), for failure to perform a duty required by subdivision 2.  
193.29  [260.271, subd. 4] 
193.30     Sec. 40.  [260C.411] [NEW EVIDENCE.] 
193.31     A child whose status has been adjudicated by a juvenile 
193.32  court, or the child's parent, guardian, custodian or spouse may, 
193.33  at any time within 15 days of the filing of the court's order, 
193.34  petition the court for a rehearing on the ground that new 
193.35  evidence has been discovered affecting the advisability of the 
193.36  court's original adjudication or disposition.  Upon a showing 
194.1   that such evidence does exist the court shall order that a new 
194.2   hearing be held within 30 days, unless the court extends this 
194.3   time period for good cause shown within the 30-day period, and 
194.4   shall make such disposition of the case as the facts and the 
194.5   best interests of the child warrant.  [260.281] 
194.6      Sec. 41.  [260C.415] [APPEAL.] 
194.7      Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] An 
194.8   appeal may be taken by the aggrieved person from a final order 
194.9   of the juvenile court affecting a substantial right of the 
194.10  aggrieved person, including but not limited to an order 
194.11  adjudging a child to be in need of protection or services, 
194.12  neglected and in foster care.  The appeal shall be taken within 
194.13  30 days of the filing of the appealable order.  The court 
194.14  administrator shall notify the person having legal custody of 
194.15  the minor of the appeal.  Failure to notify the person having 
194.16  legal custody of the minor shall not affect the jurisdiction of 
194.17  the appellate court.  The order of the juvenile court shall 
194.18  stand, pending the determination of the appeal, but the 
194.19  reviewing court may in its discretion and upon application stay 
194.20  the order. [260.291, subd. 1 (omitting delinquency-related 
194.21  text)] 
194.22     Subd. 2.  [APPEAL.] The appeal from a juvenile court is 
194.23  taken to the court of appeals as in civil cases, except as 
194.24  provided in subdivision 1.  [260.291, subd. 2] 
194.25     Sec. 42.  [260C.421] [CONTEMPT.] 
194.26     Any person knowingly interfering with an order of the 
194.27  juvenile court is in contempt of court.  However, a child who is 
194.28  under the continuing jurisdiction of the court for reasons other 
194.29  than having committed a delinquent act or a juvenile petty 
194.30  offense may not be adjudicated as a delinquent solely on the 
194.31  basis of having knowingly interfered with or disobeyed an order 
194.32  of the court.  [260.301] 
194.33     Sec. 43.  [260C.425] [CONTRIBUTING TO NEED FOR PROTECTION 
194.34  OR SERVICES.] 
194.35     Any person who by act, word, or omission encourages, 
194.36  causes, or contributes to the need for protection or services 
195.1   for a child, is guilty of a misdemeanor.  This section does not 
195.2   apply to licensed social service agencies and outreach workers 
195.3   who, while acting within the scope of their professional duties, 
195.4   provide services to runaway children.  [260.315 (omitting 
195.5   child-protection-related text)] 
195.6      Sec. 44.  [260C.431] [TESTS, EXAMINATIONS.] 
195.7      Thereafter it shall be the duty of the commissioner of 
195.8   human services through the bureau of child welfare and local 
195.9   social services agencies to arrange for such tests, 
195.10  examinations, and investigations as are necessary for the proper 
195.11  diagnosis, classification, treatment, care, and disposition of 
195.12  the child as necessity and the best interests of the child shall 
195.13  from time to time require.  When it appears that a child found 
195.14  to be in need of protection or services is sound of mind, free 
195.15  from disease, and suitable for placement in a foster home for 
195.16  care or adoption, the commissioner may so place the child or 
195.17  delegate such duties to a child-placing agency accredited as 
195.18  provided by law, or authorize the child's care in the county by 
195.19  and under the supervision of the local social services agency.  
195.20  [260.35] 
195.21     Sec. 45.  [260C.435] [SPECIAL PROVISIONS IN CERTAIN CASES.] 
195.22     When the commissioner of human services shall find that a 
195.23  child transferred to the commissioner's guardianship after 
195.24  parental rights to the child are terminated or that a child 
195.25  committed to the commissioner's guardianship as a child in need 
195.26  of protection or services is handicapped physically or whose 
195.27  mentality has not been satisfactorily determined or who is 
195.28  affected by habits, ailments, or handicaps that produce erratic 
195.29  and unstable conduct, and is not suitable or desirable for 
195.30  placement in a home for permanent care or adoption, the 
195.31  commissioner of human services shall make special provision for 
195.32  the child's care and treatment designed to the child, if 
195.33  possible, for such placement or to become self-supporting.  The 
195.34  facilities of the commissioner of human services and all state 
195.35  treatment facilities, the Minnesota general hospital, and the 
195.36  child guidance clinic of its psychopathic department, as well as 
196.1   the facilities available through reputable clinics, private 
196.2   child-caring agencies, and foster boarding homes, accredited as 
196.3   provided by law, may be used as the particular needs of the 
196.4   child may demand.  When it appears that the child is suitable 
196.5   for permanent placement or adoption, the commissioner of human 
196.6   services shall cause the child to be placed as provided in 
196.7   section 260C.431.  If the commissioner of human services is 
196.8   satisfied that the child is mentally retarded the commissioner 
196.9   may bring the child before the district court of the county 
196.10  where the child is found or the county of the child's legal 
196.11  settlement for examination and commitment as provided by law.  
196.12  [260.36] 
196.13     Sec. 46.  [260C.441] [COST, PAYMENT.] 
196.14     In addition to the usual care and services given by public 
196.15  and private agencies, the necessary cost incurred by the 
196.16  commissioner of human services in providing care for such child 
196.17  shall be paid by the county committing such child which, subject 
196.18  to uniform rules established by the commissioner of human 
196.19  services, may receive a reimbursement not exceeding one-half of 
196.20  such costs from funds made available for this purpose by the 
196.21  legislature during the period beginning July 1, 1985, and ending 
196.22  December 31, 1985.  Beginning January 1, 1986, the necessary 
196.23  cost incurred by the commissioner of human services in providing 
196.24  care for the child must be paid by the county committing the 
196.25  child.  Where such child is eligible to receive a grant of aid 
196.26  to families with dependent children, Minnesota family investment 
196.27  program-statewide or supplemental security income for the aged, 
196.28  blind, and disabled, or a foster care maintenance payment under 
196.29  title IV-E of the Social Security Act, United States Code, title 
196.30  42, sections 670 to 676, the child's needs shall be met through 
196.31  these programs.  [260.38] 
196.32     Sec. 47.  [260C.446] [DISTRIBUTION OF FUNDS RECOVERED FOR 
196.33  ASSISTANCE FURNISHED.] 
196.34     When any amount shall be recovered from any source for 
196.35  assistance furnished under the provisions of sections 260C.001 
196.36  to 260C.421, 260C.431, 260C.435, and 260C.441, there shall be 
197.1   paid into the treasury of the state or county in the proportion 
197.2   in which they have respectively contributed toward the total 
197.3   assistance paid.  [260.39] 
197.4      Sec. 48.  [260C.451] [AGE LIMIT FOR BENEFITS TO CHILDREN.] 
197.5      For purposes of any program for foster children or children 
197.6   under state guardianship for which benefits are made available 
197.7   on June 1, 1973, unless specifically provided therein, the age 
197.8   of majority shall be 21 years of age.  [260.40] 
197.9                              ARTICLE 4 
197.10                       IMPLEMENTATION OF ACT 
197.11     Section 1.  [EFFECT OF CHANGES IN THIS ACT.] 
197.12     The legislature intends this act to be a clarification and 
197.13  reorganization of laws relating to juvenile delinquency and 
197.14  child protection in Minnesota Statutes, chapters 257 and 260.  
197.15  The changes that have been made are not intended to alter those 
197.16  laws and shall not be construed by a court or other authority to 
197.17  alter them. 
197.18     Sec. 2.  [INSTRUCTION TO REVISOR.] 
197.19     (a) The revisor shall publish the statutory derivations of 
197.20  the laws repealed and recodified in this act in Laws of 
197.21  Minnesota and in the statutory history of chapters 257 and 260 
197.22  in Minnesota Statutes. 
197.23     (b) The revisor shall correct cross-references in Minnesota 
197.24  Statutes and Minnesota Rules to sections that are repealed and 
197.25  recodified by this act, and if Minnesota Statutes, chapter 257 
197.26  or 260 is further amended in the 1998 legislative session, shall 
197.27  codify the amendments in a manner consistent with this act. 
197.28     Sec. 3.  [REPEALER.] 
197.29     Minnesota Statutes 1996, sections 257.071, subdivisions 1, 
197.30  5, 8, 9, and 10; 257.072, subdivision 8; 257.35; 257.351; 
197.31  257.352, subdivisions 1, 2, and 4; 257.353; 257.354; 257.355; 
197.32  257.356; 257.3571; 257.3572; 257.3573, subdivisions 1 and 3; 
197.33  257.3574; 257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 
197.34  257.40; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 
197.35  260.011, subdivision 2; 260.013; 260.015, subdivisions 1, 1a, 2, 
197.36  3, 4, 5, 5a, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 
198.1   21, 22, 23, 24, 25, 26, 27, and 28; 260.092; 260.094; 260.096; 
198.2   260.101; 260.111; 260.115; 260.121; 260.125; 260.126; 260.131, 
198.3   subdivisions 1a, 1b, 3, and 4; 260.132; 260.133; 260.135; 
198.4   260.141; 260.145; 260.151; 260.152, subdivisions 1, 4, and 5; 
198.5   260.155, subdivisions 1, 1b, 4a, 4b, 5, 6, 7, and 9; 260.157; 
198.6   260.161, subdivisions 1b, 4, and 5; 260.165, subdivision 2; 
198.7   260.171, subdivisions 1, 4, 5, 5a, and 6; 260.172; 260.173, 
198.8   subdivisions 1, 3, 4, and 5; 260.174; 260.181, subdivisions 1, 
198.9   2, and 4; 260.185, subdivisions 1a, 1b, 1c, 2, 3, 3a, 4, 5, 6, 
198.10  and 7; 260.191, subdivisions 1b, 1c, 1d, 1e, 2, 2a, 3, and 4; 
198.11  260.193; 260.195, subdivisions 1, 2, 2a, 4, 5, 6, and 7; 
198.12  260.211; 260.215; 260.221, subdivisions 2, 3, and 4; 260.241, 
198.13  subdivisions 2 and 4; 260.242, subdivisions 1, 1a, and 1b; 
198.14  260.245; 260.251; 260.255; 260.261; 260.271; 260.281; 260.291; 
198.15  260.301; 260.315; 260.35; 260.36; 260.39; and 260.40; Minnesota 
198.16  Statutes 1997 Supplement, sections 257.02; 257.0215; 257.022, 
198.17  subdivisions 2 and 3a; 257.069; 257.071, subdivisions 1a, 1c, 
198.18  1d, 1e, 2, 3, 4, and 7; 257.072, subdivisions 1, 2, 3, 4, 5, 7, 
198.19  and 9; 257.352, subdivisions 3, 3a, 3b, and 3c; 257.3573, 
198.20  subdivision 2; 257.41; 260.012; 260.015, subdivisions 2a and 29; 
198.21  260.131, subdivisions 1 and 2; 260.152, subdivisions 2, 3, and 
198.22  6; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, 
198.23  subdivisions 1, 1a, 2, 3, 3a, and 3b; 260.165, subdivisions 1 
198.24  and 3; 260.171, subdivision 2; 260.173, subdivision 2; 260.1735; 
198.25  260.181, subdivisions 3 and 3a; 260.185, subdivision 1; 260.191, 
198.26  subdivisions 1, 1a, 3a, 3b, and 4; 260.192; 260.195, 
198.27  subdivisions 3 and 3a; 260.221, subdivisions 1, 1a, and 5; 
198.28  260.241, subdivisions 1 and 3; 260.242, subdivision 2; and 
198.29  260.38, are repealed.