1998 Minnesota Statutes

     260.172 Detention hearing. 

    Subdivision 1.    Hearing and release requirements.  (a) 
 If a child was taken into custody under section 260.165, 
 subdivision 1, clause (a) or (c)(2), the court shall hold a 
 hearing within 72 hours of the time the child was taken into 
 custody, excluding Saturdays, Sundays, and holidays, to 
 determine whether the child should continue in custody.  

    (b) In all other cases, the court shall hold a detention 
 hearing: 

    (1) within 36 hours of the time the child was taken into 
 custody, excluding Saturdays, Sundays, and holidays, if the 
 child is being held at a juvenile secure detention facility or 
 shelter care facility; or 

    (2) within 24 hours of the time the child was taken into 
 custody, excluding Saturdays, Sundays, and holidays, if the 
 child is being held at an adult jail or municipal lockup.  

    (c) Unless there is reason to believe that the child would 
 endanger self or others, not return for a court hearing, run 
 away from the child's parent, guardian, or custodian or 
 otherwise not remain in the care or control of the person to 
 whose lawful custody the child is released, or that the child's 
 health or welfare would be immediately endangered, the child 
 shall be released to the custody of a parent, guardian, 
 custodian, or other suitable person, subject to reasonable 
 conditions of release including, but not limited to, a 
 requirement that the child undergo a chemical use assessment as 
 provided in section 260.151, subdivision 1.  In determining 
 whether the child's health or welfare would be immediately 
 endangered, the court shall consider whether the child would 
 reside with a perpetrator of domestic child abuse.  In a 
 proceeding regarding a child in need of protection or services, 
 the court, before determining whether a child should continue in 
 custody, shall also make a determination, consistent with 
 section 260.012 as to whether reasonable efforts, or in the case 
 of an Indian child, active efforts, according to the Indian 
 Child Welfare Act of 1978, United States Code, title 25, section 
 1912(d), were made to prevent placement or to reunite the child 
 with the child's family, or that reasonable efforts were not 
 possible.  The court shall also determine whether there are 
 available services that would prevent the need for further 
 detention. 

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

    The court may determine at the detention hearing, or at any 
 time prior to an adjudicatory hearing, that reasonable efforts 
 are not required because the facts, if proved, will demonstrate 
 that the parent has subjected the child to egregious harm as 
 defined in section 260.015, subdivision 29, or the parental 
 rights of the parent to a sibling of the child have been 
 terminated involuntarily.  

    Subd. 2.  If the court determines that the child should 
 continue in detention, it may order detention continued for 
 eight days, excluding Saturdays, Sundays and holidays, from and 
 including the date of the order.  Unless a motion to refer the 
 child for adult prosecution is pending, a child who has been 
 detained in an adult jail or municipal lockup and for whom 
 continued detention is ordered, must be transferred to a 
 juvenile secure detention facility or shelter care facility.  
 The court shall include in its order the reasons for continued 
 detention and the findings of fact which support these reasons. 

    Subd. 2a.    Parental visitation.  If a child has been 
 taken into custody under section 260.135, subdivision 5, or 
 260.165, subdivision 1, clause (c)(2), and the court determines 
 that the child should continue in detention, the court shall 
 include in its order reasonable rules for supervised or 
 unsupervised parental visitation of the child in the shelter 
 care facility unless it finds that visitation would endanger the 
 child's physical or emotional well-being. 

    Subd. 2b.    Mental health treatment.  (a) Except as 
 provided in paragraph (b), a child who is held in detention as 
 an alleged victim of child abuse as defined in section 630.36, 
 subdivision 2, may not be given mental health treatment 
 specifically for the effects of the alleged abuse until the 
 court finds that there is probable cause to believe the abuse 
 has occurred. 

    (b) A child described in paragraph (a) may be given mental 
 health treatment prior to a probable cause finding of child 
 abuse if the treatment is either agreed to by the child's parent 
 or guardian in writing, or ordered by the court according to the 
 standard contained in section 260.191, subdivision 1. 

    Subd. 3.  Copies of the court's order shall be served upon 
 the parties, including the supervisor of the detention facility, 
 who shall release the child or continue to hold the child as the 
 court orders. 

    When the court's order is served upon these parties, notice 
 shall also be given to the parties of the subsequent reviews 
 provided by subdivision 4.  The notice shall also inform each 
 party of the right to submit to the court for informal review 
 any new evidence regarding whether the child should be continued 
 in detention and to request a hearing to present the evidence to 
 the court. 

    Subd. 4.  If a child held in detention under a court order 
 issued under subdivision 2 has not been released prior to 
 expiration of the order, the court or referee shall informally 
 review the child's case file to determine, under the standards 
 provided by subdivision 1, whether detention should be 
 continued.  If detention is continued thereafter, informal 
 reviews such as these shall be held within every eight days, 
 excluding Saturdays, Sundays and holidays, of the child's 
 detention. 

    A hearing, rather than an informal review of the child's 
 case file, shall be held at the request of any one of the 
 parties notified pursuant to subdivision 3, if that party 
 notifies the court of a wish to present to the court new 
 evidence concerning whether the child should be continued in 
 detention or notifies the court of a wish to present an 
 alternate placement arrangement to provide for the safety and 
 protection of the child. 

    In addition, if a child was taken into detention under 
 section 260.135, subdivision 5, or 260.165, subdivision 1, 
 clause (c)(2), and is held in detention under a court order 
 issued under subdivision 2, the court shall schedule and hold an 
 adjudicatory hearing on the petition within 60 days of the 
 detention hearing upon the request of any party to the 
 proceeding.  However, if good cause is shown by a party to the 
 proceeding why the hearing should not be held within that time 
 period, the hearing shall be held within 90 days, unless the 
 parties agree otherwise and the court so orders. 

    HIST: 1976 c 318 s 14; 1977 c 330 s 6-9; 1982 c 469 s 8; 1985 
 c 286 s 7-9; 1986 c 444; 1988 c 673 s 24; 1989 c 113 s 3; 1989 c 
 147 s 3,4; 1989 c 235 s 15,16; 1992 c 571 art 7 s 6; 1998 c 406 
 art 1 s 29,37; 1998 c 407 art 9 s 28