1997 Minnesota Statutes

     260.191 Dispositions; children who are in need of 
  protection or services or neglected and in foster care. 

    Subdivision 1.    Dispositions.  (a) If the court finds 
 that the child is in need of protection or services or neglected 
 and in foster care, it shall enter an order making any of the 
 following dispositions of the case: 

    (1) place the child under the protective supervision of the 
 local social services agency or child-placing agency in the 
 child's own home under conditions prescribed by the court 
 directed to the correction of the child's need for protection or 
 services; 

    (2) transfer legal custody to one of the following: 

    (i) a child-placing agency; or 

    (ii) the local social services agency. 

    In placing a child whose custody has been transferred under 
 this paragraph, the agencies shall follow the order of 
 preference stated in section 260.181, subdivision 3; 

    (3) if the child is in need of special treatment and care 
 for reasons of physical or mental health, the court may order 
 the child's parent, guardian, or custodian to provide it.  If 
 the parent, guardian, or custodian fails or is unable to provide 
 this treatment or care, the court may order it provided.  The 
 court shall not transfer legal custody of the child for the 
 purpose of obtaining special treatment or care solely because 
 the parent is unable to provide the treatment or care.  If the 
 court's order for mental health treatment is based on a 
 diagnosis made by a treatment professional, the court may order 
 that the diagnosing professional not provide the treatment to 
 the child if it finds that such an order is in the child's best 
 interests; or 

    (4) if the court believes that the child has sufficient 
 maturity and judgment and that it is in the best interests of 
 the child, the court may order a child 16 years old or older to 
 be allowed to live independently, either alone or with others as 
 approved by the court under supervision the court considers 
 appropriate, if the county board, after consultation with the 
 court, has specifically authorized this dispositional 
 alternative for a child. 

    (b) If the child was adjudicated in need of protection or 
 services because the child is a runaway or habitual truant, the 
 court may order any of the following dispositions in addition to 
 or as alternatives to the dispositions authorized under 
 paragraph (a): 

    (1) counsel the child or the child's parents, guardian, or 
 custodian; 

    (2) place the child under the supervision of a probation 
 officer or other suitable person in the child's own home under 
 conditions prescribed by the court, including reasonable rules 
 for the child's conduct and the conduct of the parents, 
 guardian, or custodian, designed for the physical, mental, and 
 moral well-being and behavior of the child; or with the consent 
 of the commissioner of corrections, place the child in a group 
 foster care facility which is under the commissioner's 
 management and supervision; 

    (3) subject to the court's supervision, transfer legal 
 custody of the child to one of the following: 

    (i) a reputable person of good moral character.  No person 
 may receive custody of two or more unrelated children unless 
 licensed to operate a residential program under sections 245A.01 
 to 245A.16; or 

    (ii) a county probation officer for placement in a group 
 foster home established under the direction of the juvenile 
 court and licensed pursuant to section 241.021; 

    (4) require the child to pay a fine of up to $100.  The 
 court shall order payment of the fine in a manner that will not 
 impose undue financial hardship upon the child; 

    (5) require the child to participate in a community service 
 project; 

    (6) order the child to undergo a chemical dependency 
 evaluation and, if warranted by the evaluation, order 
 participation by the child in a drug awareness program or an 
 inpatient or outpatient chemical dependency treatment program; 

    (7) if the court believes that it is in the best interests 
 of the child and of public safety that the child's driver's 
 license or instruction permit be canceled, the court may order 
 the commissioner of public safety to cancel the child's license 
 or permit for any period up to the child's 18th birthday.  If 
 the child does not have a driver's license or permit, the court 
 may order a denial of driving privileges for any period up to 
 the child's 18th birthday.  The court shall forward an order 
 issued under this clause to the commissioner, who shall cancel 
 the license or permit or deny driving privileges without a 
 hearing for the period specified by the court.  At any time 
 before the expiration of the period of cancellation or denial, 
 the court may, for good cause, order the commissioner of public 
 safety to allow the child to apply for a license or permit, and 
 the commissioner shall so authorize; 

    (8) order that the child's parent or legal guardian deliver 
 the child to school at the beginning of each school day for a 
 period of time specified by the court; or 

    (9) require the child to perform any other activities or 
 participate in any other treatment programs deemed appropriate 
 by the court.  

    (c) If a child who is 14 years of age or older is 
 adjudicated in need of protection or services because the child 
 is a habitual truant and truancy procedures involving the child 
 were previously dealt with by a school attendance review board 
 or county attorney mediation program under section 260A.06 or 
 260A.07, the court shall order a cancellation or denial of 
 driving privileges under paragraph (b), clause (7), for any 
 period up to the child's 18th birthday. 

    (d) In the case of a child adjudicated in need of 
 protection or services because the child has committed domestic 
 abuse and been ordered excluded from the child's parent's home, 
 the court shall dismiss jurisdiction if the court, at any time, 
 finds the parent is able or willing to provide an alternative 
 safe living arrangement for the child, as defined in Laws 1997, 
 chapter 239, article 10, section 2. 

    Subd. 1a.    Written findings.  Any order for a 
 disposition authorized under this section shall contain written 
 findings of fact to support the disposition ordered, and shall 
 also set forth in writing the following information: 

    (a) Why the best interests of the child are served by the 
 disposition ordered; 

    (b) What alternative dispositions were considered by the 
 court and why such dispositions were not appropriate in the 
 instant case; 

    (c) How the court's disposition complies with the 
 requirements of section 260.181, subdivision 3; and 

    (d) Whether reasonable efforts consistent with section 
 260.012 were made to prevent or eliminate the necessity of the 
 child's removal and to reunify the family after removal.  The 
 court's findings must include a brief description of what 
 preventive and reunification efforts were made and why further 
 efforts could not have prevented or eliminated the necessity of 
 removal. 

    If the court finds that the social services agency's 
 preventive or reunification efforts have not been reasonable but 
 that further preventive or reunification efforts could not 
 permit the child to safely remain at home, the court may 
 nevertheless authorize or continue the removal of the child. 

    Subd. 1b.    Domestic child abuse.  If the court finds 
 that the child is a victim of domestic child abuse, as defined 
 in section 260.015, subdivision 24, it may order any of the 
 following dispositions of the case in addition to or as 
 alternatives to the dispositions authorized under subdivision 1: 

    (1) restrain any party from committing acts of domestic 
 child abuse; 

    (2) exclude the abusing party from the dwelling which the 
 family or household members share or from the residence of the 
 child; 

    (3) on the same basis as is provided in chapter 518, 
 establish temporary visitation with regard to minor children of 
 the adult family or household members; 

    (4) on the same basis as is provided in chapter 518, 
 establish temporary support or maintenance for a period of 30 
 days for minor children or a spouse; 

    (5) provide counseling or other social services for the 
 family or household members; or 

    (6) order the abusing party to participate in treatment or 
 counseling services.  

    Any relief granted by the order for protection shall be for 
 a fixed period not to exceed one year.  

    However, no order excluding the abusing party from the 
 dwelling may be issued unless the court finds that:  

    (1) the order is in the best interests of the child or 
 children remaining in the dwelling; 

    (2) a remaining adult family or household member is able to 
 care adequately for the child or children in the absence of the 
 excluded party; and 

    (3) the local welfare agency has developed a plan to 
 provide appropriate social services to the remaining family or 
 household members.  

    Subd. 1c.    Support orders.  If the court issues an 
 order for protection pursuant to section 260.191, subdivision 
 1b, excluding an abusing party from the dwelling who is the 
 parent of a minor family or household member, it shall transfer 
 the case file to the court which has jurisdiction over 
 proceedings under chapter 518 for the purpose of establishing 
 support or maintenance for minor children or a spouse, as 
 provided in chapter 518, during the effective period of the 
 order for protection.  The court to which the case file is 
 transferred shall schedule and hold a hearing on the 
 establishment of support or maintenance within 30 days of the 
 issuance of the order for protection.  After an order for 
 support or maintenance has been granted or denied, the case file 
 shall be returned to the juvenile court, and the order for 
 support or maintenance, if any, shall be incorporated into the 
 order for protection.  

    Subd. 1d.    Visitation.  If the court orders that the 
 child be placed outside of the child's home or present 
 residence, it shall set reasonable rules for supervised or 
 unsupervised parental visitation that contribute to the 
 objectives of the court order and the maintenance of the 
 familial relationship.  No parent may be denied visitation 
 unless the court finds at the disposition hearing that the 
 visitation would act to prevent the achievement of the order's 
 objectives or that it would endanger the child's physical or 
 emotional well-being.  The court shall set reasonable rules for 
 visitation for any relatives as defined in section 260.181, 
 subdivision 3, if visitation is consistent with the best 
 interests of the child. 

    Subd. 1e.    Case plan.  For each disposition ordered, 
 the court shall order the appropriate agency to prepare a 
 written case plan developed after consultation with any foster 
 parents, and consultation with and participation by the child 
 and the child's parent, guardian, or custodian, guardian ad 
 litem, and tribal representative if the tribe has intervened.  
 The case plan shall comply with the requirements of section 
 257.071, where applicable.  The case plan shall, among other 
 matters, specify the actions to be taken by the child and the 
 child's parent, guardian, foster parent, or custodian to comply 
 with the court's disposition order, and the services to be 
 offered and provided by the agency to the child and the child's 
 parent, guardian, or custodian.  The court shall review the case 
 plan and, upon approving it, incorporate the plan into its 
 disposition order.  The court may review and modify the terms of 
 the case plan in the manner provided in subdivision 2.  For each 
 disposition ordered, the written case plan shall specify what 
 reasonable efforts shall be provided to the family.  The case 
 plan must include a discussion of: 

    (1) the availability of appropriate prevention and 
 reunification services for the family to prevent the removal of 
 the child from the home or to reunify the child with the family 
 after removal; 

    (2) any services or resources that were requested by the 
 child or the child's parent, guardian, foster parent, or 
 custodian since the date of initial adjudication, and whether 
 those services or resources were provided or the basis for 
 denial of the services or resources; 

    (3) the need of the child and family for care, treatment, 
 or rehabilitation; 

    (4) the need for participation by the parent, guardian, or 
 custodian in the plan of care for the child; 

    (5) the visitation rights and obligations of the parent or 
 other relatives, as defined in section 260.181, subdivision 3, 
 during any period when the child is placed outside the home; and 

    (6) a description of any services that could prevent 
 placement or reunify the family if such services were available. 

    A party has a right to request a court review of the 
 reasonableness of the case plan upon a showing of a substantial 
 change of circumstances. 

    Subd. 2.    Order duration.  Subject to subdivisions 3a 
 and 3b, all orders under this section shall be for a specified 
 length of time set by the court not to exceed one year.  
 However, before the order has expired and upon its own motion or 
 that of any interested party, the court shall, after notice to 
 the parties and a hearing, renew the order for another year or 
 make some other disposition of the case, until the individual is 
 no longer a minor.  Any person to whom legal custody is 
 transferred shall report to the court in writing at such periods 
 as the court may direct. 

    Subd. 2a.    Service of order.  Any person who provides 
 services to a child under a disposition order, or who is subject 
 to the conditions of a disposition order shall be served with a 
 copy of the order in the manner provided in the rules for 
 juvenile courts. 

    Subd. 3.    Transfer of legal custody orders.  When the 
 court transfers legal custody of a child to any licensed 
 child-placing agency or the local social services agency, it 
 shall transmit with the order transferring legal custody a copy 
 of its findings and a summary of its information concerning the 
 child. 

    Subd. 3a.    Court review of out-of-home placements.  
 (a) If the court places a child in a residential facility, as 
 defined in section 257.071, subdivision 1, the court shall 
 review the out-of-home placement at least every six months to 
 determine whether continued out-of-home placement is necessary 
 and appropriate or whether the child should be returned home.  
 The court shall review agency efforts pursuant to section 
 257.072, subdivision 1, and order that the efforts continue if 
 the agency has failed to perform the duties under that section.  
 The court shall review the case plan and may modify the case 
 plan as provided under subdivisions 1e and 2.  If the court 
 orders continued out-of-home placement, the court shall notify 
 the parents of the provisions of subdivision 3b. 

    (b) When the court determines that a permanent placement 
 hearing is necessary because there is a likelihood that the 
 child will not return to a parent's care, the court may 
 authorize the agency with custody of the child to send the 
 notice provided in this paragraph to any adult with whom the 
 child is currently residing, any adult with whom the child has 
 resided for one year or longer in the past, any adult who has 
 maintained a relationship or exercised visitation with the child 
 as identified in the agency case plan for the child or 
 demonstrated an interest in the child, and any relative who has 
 provided a current address to the local social service agency.  
 This notice must not be provided to a parent whose parental 
 rights to the child have been terminated under section 260.221, 
 subdivision 1.  The notice must state that a permanent home is 
 sought for the child and that individuals receiving the notice 
 may indicate to the agency within 30 days their interest in 
 providing a permanent home.  

    Subd. 3b.    Review of court ordered placements; permanent 
 placement determination.  (a) The court shall conduct a 
 hearing to determine the permanent status of a child not later 
 than 12 months after the child is placed out of the home of the 
 parent. 

    For purposes of this subdivision, the date of the child's 
 placement out of the home of the parent is the earlier of the 
 first court-ordered placement or the first court-approved 
 placement under section 257.071, subdivision 3, of a child who 
 had been in voluntary placement. 

    For purposes of this subdivision, 12 months is calculated 
 as follows: 

    (1) during the pendency of a petition alleging that a child 
 is in need of protection or services, all time periods when a 
 child is placed out of the home of the parent are cumulated; 

    (2) if a child has been placed out of the home of the 
 parent within the previous five years in connection with one or 
 more prior petitions for a child in need of protection or 
 services, the lengths of all prior time periods when the child 
 was placed out of the home within the previous five years and 
 under the current petition, are cumulated.  If a child under 
 this clause has been out of the home for 12 months or more, the 
 court, if it is in the best interests of the child, may extend 
 the total time the child may continue out of the home under the 
 current petition up to an additional six months before making a 
 permanency determination.  

    (b) Not later than ten days prior to this hearing, the 
 responsible social service agency shall file pleadings to 
 establish the basis for the permanent placement determination.  
 Notice of the hearing and copies of the pleadings must be 
 provided pursuant to section 260.141.  If a termination of 
 parental rights petition is filed before the date required for 
 the permanency planning determination, no hearing need be 
 conducted under this subdivision.  The court shall determine 
 whether the child is to be returned home or, if not, what 
 permanent placement is consistent with the child's best 
 interests.  The "best interests of the child" means all relevant 
 factors to be considered and evaluated. 

    (c) If the child is not returned to the home, the 
 dispositions available for permanent placement determination are:

    (1) permanent legal and physical custody to a relative in 
 the best interests of the child.  In transferring permanent 
 legal and physical custody to a relative, the juvenile court 
 shall follow the standards and procedures applicable under 
 chapter 257 or 518.  An order establishing permanent legal or 
 physical custody under this subdivision must be filed with the 
 family court.  The social service agency may petition on behalf 
 of the proposed custodian; 

    (2) termination of parental rights and adoption; the social 
 service agency shall file a petition for termination of parental 
 rights under section 260.231 and all the requirements of 
 sections 260.221 to 260.245 remain applicable.  An adoption 
 completed subsequent to a determination under this subdivision 
 may include an agreement for communication or contact under 
 section 259.58; or 

    (3) long-term foster care; transfer of legal custody and 
 adoption are preferred permanency options for a child who cannot 
 return home.  The court may order a child into long-term foster 
 care only if it finds that neither an award of legal and 
 physical custody to a relative, nor termination of parental 
 rights nor adoption is in the child's best interests.  Further, 
 the court may only order long-term foster care for the child 
 under this section if it finds the following: 

    (i) the child has reached age 12 and reasonable efforts by 
 the responsible social service agency have failed to locate an 
 adoptive family for the child; or 

    (ii) the child is a sibling of a child described in clause 
 (i) and the siblings have a significant positive relationship 
 and are ordered into the same long-term foster care home; or 

    (4) foster care for a specified period of time may be 
 ordered only if: 

    (i) the sole basis for an adjudication that a child is in 
 need of protection or services is that the child is a runaway, 
 is an habitual truant, or committed a delinquent act before age 
 ten; and 

    (ii) the court finds that foster care for a specified 
 period of time is in the best interests of the child. 

    (d) In ordering a permanent placement of a child, the court 
 must be governed by the best interests of the child, including a 
 review of the relationship between the child and relatives and 
 the child and other important persons with whom the child has 
 resided or had significant contact. 

    (e) Once a permanent placement determination has been made 
 and permanent placement has been established, further court 
 reviews and dispositional hearings are only necessary if the 
 placement is made under paragraph (c), clause (4), review is 
 otherwise required by federal law, an adoption has not yet been 
 finalized, or there is a disruption of the permanent or 
 long-term placement.  

    (f) An order under this subdivision must include the 
 following detailed findings: 

    (1) how the child's best interests are served by the order; 

    (2) the nature and extent of the responsible social service 
 agency's reasonable efforts, or, in the case of an Indian child, 
 active efforts, to reunify the child with the parent or parents; 

    (3) the parent's or parents' efforts and ability to use 
 services to correct the conditions which led to the out-of-home 
 placement; 

    (4) whether the conditions which led to the out-of-home 
 placement have been corrected so that the child can return home; 
 and 

    (5) if the child cannot be returned home, whether there is 
 a substantial probability of the child being able to return home 
 in the next six months.  

    (g) An order for permanent legal and physical custody of a 
 child may be modified under sections 518.18 and 518.185.  The 
 social service agency is a party to the proceeding and must 
 receive notice.  An order for long-term foster care is 
 reviewable upon motion and a showing by the parent of a 
 substantial change in the parent's circumstances such that the 
 parent could provide appropriate care for the child and that 
 removal of the child from the child's permanent placement and 
 the return to the parent's care would be in the best interest of 
 the child. 

    Subd. 4.    Continuance of case.  If it is in the best 
 interests of the child to do so and if the allegations contained 
 in the petition have been admitted, or when a hearing has been 
 held as provided in section 260.155 and the allegations 
 contained in the petition have been duly proven, before the 
 entry of a finding of need for protection or services or a 
 finding that a child is neglected and in foster care, the court 
 may continue the case for a period not to exceed 90 days on any 
 one order.  Following the 90-day continuance: 

    (1) if both the parent and child have complied with the 
 terms of the continuance, the case must be dismissed without an 
 adjudication that the child is in need of protection or services 
 or that the child is neglected and in foster care; or 

    (2) if either the parent or child has not complied with the 
 terms of the continuance, the court shall adjudicate the child 
 in need of protection or services or neglected and in foster 
 care. 

    HIST: 1959 c 685 s 29; 1969 c 1019 s 2; 1976 c 150 s 2; 1978 c 
 602 s 7,8; 1983 c 278 s 13; 1983 c 312 art 5 s 34; 1984 c 573 s 
 5,6; 1985 c 286 s 10-12; 1986 c 444; 1987 c 384 art 2 s 1; 1988 
 c 673 s 27-29; 1989 c 208 s 2; 1989 c 235 s 19,20; 1993 c 291 s 
 17-21; 1Sp1993 c 6 s 17,18; 1994 c 598 s 7; 1994 c 631 s 31; 
 1995 c 226 art 3 s 31; 1997 c 86 s 13; 1997 c 107 s 15; 1997 c 
 112 s 5; 1997 c 239 art 6 s 25-27; art 11 s 4 

*   NOTE:  The amendment to subdivision 1 by Laws 1997, chapter 
*239, article 11, section 4, is effective June 1, 1998.  Laws 
*1997, chapter 239, article 11, section 6.