1998 Minnesota Statutes

CHAPTER 260. Juveniles

  260.01 Repealed, 1959 c 685 s 53 

     260.011 Title, intent, and construction. 

    Subdivision 1.  Sections 260.011 to 260.301 may be cited as 
 the Juvenile Court Act.  

    Subd. 2.  (a) The paramount consideration in all 
 proceedings concerning a child alleged or found to be in need of 
 protection or services is the health, safety, and best interests 
 of the child.  In proceedings involving an American Indian 
 child, as defined in section 257.351, subdivision 6, the best 
 interests of the child must be determined consistent with 
 sections 257.35 to 257.3579 and the Indian Child Welfare Act, 
 United States Code, title 25, sections 1901 to 1923.  The 
 purpose of the laws relating to juvenile courts is to secure for 
 each child alleged or adjudicated in need of protection or 
 services and under the jurisdiction of the court, the care and 
 guidance, preferably in the child's own home, as will best serve 
 the spiritual, emotional, mental, and physical welfare of the 
 child; to provide judicial procedures which protect the welfare 
 of the child; to preserve and strengthen the child's family ties 
 whenever possible and in the child's best interests, removing 
 the child from the custody of parents only when the child's 
 welfare or safety cannot be adequately safeguarded without 
 removal; and, when removal from the child's own family is 
 necessary and in the child's best interests, to secure for the 
 child custody, care and discipline as nearly as possible 
 equivalent to that which should have been given by the parents.  

    (b) The purpose of the laws relating to termination of 
 parental rights is to ensure that: 

    (1) reasonable efforts have been made by the social service 
 agency to reunite the child with the child's parents in a 
 placement that is safe and permanent; and 

    (2) if placement with the parents is not reasonably 
 foreseeable, to secure for the child a safe and permanent 
 placement, preferably with adoptive parents. 

    Nothing in this section requires reasonable efforts to be 
 made in circumstances where the court has determined that the 
 child has been subjected to egregious harm or the parental 
 rights of the parent to a sibling have been involuntarily 
 terminated. 

    The paramount consideration in all proceedings for the 
 termination of parental rights is the best interests of the 
 child.  In proceedings involving an American Indian child, as 
 defined in section 257.351, subdivision 6, the best interests of 
 the child must be determined consistent with the Indian Child 
 Welfare Act of 1978, United States Code, title 25, section 1901, 
 et seq.  

    (c) The purpose of the laws relating to children alleged or 
 adjudicated to be delinquent is to promote the public safety and 
 reduce juvenile delinquency by maintaining the integrity of the 
 substantive law prohibiting certain behavior and by developing 
 individual responsibility for lawful behavior.  This purpose 
 should be pursued through means that are fair and just, that 
 recognize the unique characteristics and needs of children, and 
 that give children access to opportunities for personal and 
 social growth.  

    (d) The laws relating to juvenile courts shall be liberally 
 construed to carry out these purposes.  

    HIST: 1959 c 685 s 1; 1980 c 580 s 3; 1985 c 286 s 1; 1986 c 
 444; 1988 c 514 s 3; 1988 c 673 s 2; 1990 c 542 s 10; 1998 c 406 
 art 1 s 23,37; 1998 c 407 art 9 s 22 

     260.012 Duty to ensure placement prevention and family 
  reunification; reasonable efforts. 

    (a) If a child in need of protection or services is under 
 the court's jurisdiction, the court shall ensure that reasonable 
 efforts including culturally appropriate services by the social 
 service agency are made to prevent placement or to eliminate the 
 need for removal and to reunite the child with the child's 
 family at the earliest possible time, consistent with the best 
 interests, safety, and protection of the child.  The court may, 
 upon motion and hearing, order the cessation of reasonable 
 efforts if the court finds that provision of services or further 
 services for the purpose of rehabilitation and reunification is 
 futile and therefore unreasonable under the circumstances.  In 
 determining reasonable efforts to be made with respect to a 
 child and in making those reasonable efforts, the child's health 
 and safety must be of paramount concern.  Reasonable efforts are 
 not required if the court determines that: 

    (1) a termination of parental rights petition has been 
 filed stating a prima facie case 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 have been terminated involuntarily; or 

    (2) a determination not to proceed with a termination of 
 parental rights petition on these grounds was made under section 
 260.221, subdivision 1b, paragraph (b), and a permanency hearing 
 is held within 30 days of the determination. 

 In the case of an Indian child, in proceedings under sections 
 260.172, 260.191, and 260.221 the juvenile court must make 
 findings and conclusions consistent with the Indian Child 
 Welfare Act of 1978, United States Code, title 25, section 1901 
 et seq., as to the provision of active efforts.  If a child is 
 under the court's delinquency jurisdiction, it shall be the duty 
 of the court to ensure that reasonable efforts are made to 
 reunite the child with the child's family at the earliest 
 possible time, consistent with the best interests of the child 
 and the safety of the public. 

    (b) "Reasonable efforts" means the exercise of due 
 diligence by the responsible social service agency to use 
 appropriate and available services to meet the needs of the 
 child and the child's family in order to prevent removal of the 
 child from the child's family; or upon removal, services to 
 eliminate the need for removal and reunite the family.  Services 
 may include those listed under section 256F.07, subdivision 3, 
 and other appropriate services available in the community.  The 
 social service agency has the burden of demonstrating that it 
 has made reasonable efforts or that provision of services or 
 further services for the purpose of rehabilitation and 
 reunification is futile and therefore unreasonable under the 
 circumstances.  Reunification of a surviving child with a parent 
 is not required if the parent has been convicted of: 

    (1) a violation of, or an attempt or conspiracy to commit a 
 violation of, sections 609.185 to 609.20; 609.222, subdivision 
 2; or 609.223 in regard to another child of the parent; 

    (2) a violation of section 609.222, subdivision 2; or 
 609.223, in regard to the surviving child; or 

    (3) a violation of, or an attempt or conspiracy to commit a 
 violation of, United States Code, title 18, section 1111(a) or 
 1112(a), in regard to another child of the parent. 

    (c) The juvenile court, in proceedings under sections 
 260.172, 260.191, and 260.221 shall make findings and 
 conclusions as to the provision of reasonable efforts.  When 
 determining whether reasonable efforts have been made, the court 
 shall consider whether services to the child and family were: 

    (1) relevant to the safety and protection of the child; 

    (2) adequate to meet the needs of the child and family; 

    (3) culturally appropriate; 

    (4) available and accessible; 

    (5) consistent and timely; and 

    (6) realistic under the circumstances. 

    In the alternative, the court may determine that provision 
 of services or further services for the purpose of 
 rehabilitation is futile and therefore unreasonable under the 
 circumstances or that reasonable efforts are not required as 
 provided in paragraph (a). 

    (d) This section does not prevent out-of-home placement for 
 treatment of a child with a mental disability when the child's 
 diagnostic assessment or individual treatment plan indicates 
 that appropriate and necessary treatment cannot be effectively 
 provided outside of a residential or inpatient treatment program.

    (e) If continuation of reasonable efforts described in 
 paragraph (b) is determined to be inconsistent with the 
 permanency plan for the child, reasonable efforts must be made 
 to place the child in a timely manner in accordance with the 
 permanency plan and to complete whatever steps are necessary to 
 finalize the permanency plan for the child.  

    (f) Reasonable efforts to place a child for adoption or in 
 another permanent placement may be made concurrently with 
 reasonable efforts as described in paragraphs (a) and (b).  

    HIST: 1986 c 448 s 1; 1988 c 514 s 4; 1989 c 235 s 1; 1997 c 
 239 art 6 s 13; 1998 c 406 art 1 s 24,37; 1998 c 407 art 9 s 23 

     260.013 Scope of victim rights. 

    The rights granted to victims of crime in sections 611A.01 
 to 611A.06 are applicable to adult criminal cases, juvenile 
 delinquency proceedings, juvenile traffic proceedings involving 
 driving under the influence of alcohol or drugs, and proceedings 
 involving any other act committed by a juvenile that would be a 
 crime as defined in section 609.02, if committed by an adult. 

    HIST: 1993 c 326 art 6 s 2 

     260.015 Definitions. 

    Subdivision 1.  As used in sections 260.011 to 260.301, the 
 terms defined in this section have the same meanings given to 
 them. 

    Subd. 1a.    Agency.  "Agency" means the local social 
 service agency or a licensed child-placing agency. 

    Subd. 2.  "Child" means an individual under 18 years of age 
 and includes any minor alleged to have been delinquent or a 
 juvenile traffic offender prior to having become 18 years of age.

    Subd. 2a.    Child in need of protection or services.  
 "Child in need of protection or services" means a child who is 
 in need of protection or services because the child: 

    (1) is abandoned or without parent, guardian, or custodian; 

    (2)(i) has been a victim of physical or sexual abuse, (ii) 
 resides with or has resided with a victim of domestic child 
 abuse as defined in subdivision 24, (iii) resides with or would 
 reside with a perpetrator of domestic child abuse or child abuse 
 as defined in subdivision 28, or (iv) is a victim of emotional 
 maltreatment as defined in subdivision 5a; 

    (3) is without necessary food, clothing, shelter, 
 education, or other required care for the child's physical or 
 mental health or morals because the child's parent, guardian, or 
 custodian is unable or unwilling to provide that care; 

    (4) is without the special care made necessary by a 
 physical, mental, or emotional condition because the child's 
 parent, guardian, or custodian is unable or unwilling to provide 
 that care; 

    (5) is medically neglected, which includes, but is not 
 limited to, the withholding of medically indicated treatment 
 from a disabled infant with a life-threatening condition.  The 
 term "withholding of medically indicated treatment" means the 
 failure to respond to the infant's life-threatening conditions 
 by providing treatment, including appropriate nutrition, 
 hydration, and medication which, in the treating physician's or 
 physicians' reasonable medical judgment, will be most likely to 
 be effective in ameliorating or correcting all conditions, 
 except that the term does not include the failure to provide 
 treatment other than appropriate nutrition, hydration, or 
 medication to an infant when, in the treating physician's or 
 physicians' reasonable medical judgment: 

    (i) the infant is chronically and irreversibly comatose; 

    (ii) the provision of the treatment would merely prolong 
 dying, not be effective in ameliorating or correcting all of the 
 infant's life-threatening conditions, or otherwise be futile in 
 terms of the survival of the infant; or 

    (iii) the provision of the treatment would be virtually 
 futile in terms of the survival of the infant and the treatment 
 itself under the circumstances would be inhumane; 

    (6) is one whose parent, guardian, or other custodian for 
 good cause desires to be relieved of the child's care and 
 custody; 

    (7) has been placed for adoption or care in violation of 
 law; 

    (8) is without proper parental care because of the 
 emotional, mental, or physical disability, or state of 
 immaturity of the child's parent, guardian, or other custodian; 

    (9) is one whose behavior, condition, or environment is 
 such as to be injurious or dangerous to the child or others.  An 
 injurious or dangerous environment may include, but is not 
 limited to, the exposure of a child to criminal activity in the 
 child's home; 

    (10) is experiencing growth delays, which may be referred 
 to as failure to thrive, that have been diagnosed by a physician 
 and are due to parental neglect; 

    (11) has engaged in prostitution as defined in section 
 609.321, subdivision 9; 

    (12) has committed a delinquent act or a juvenile petty 
 offense before becoming ten years old; 

    (13) is a runaway; 

    (14) is an habitual truant; 

    (15) has been found incompetent to proceed or has been 
 found not guilty by reason of mental illness or mental 
 deficiency in connection with a delinquency proceeding, a 
 certification under section 260.125, an extended jurisdiction 
 juvenile prosecution, or a proceeding involving a juvenile petty 
 offense; 

    (16) is one whose custodial parent's parental rights to 
 another child have been involuntarily terminated within the past 
 five years; or 

    (17) has been found by the court to have committed domestic 
 abuse perpetrated by a minor under Laws 1997, chapter 239, 
 article 10, sections 2 to 26, has been ordered excluded from the 
 child's parent's home by an order for protection/minor 
 respondent, and the parent or guardian is either unwilling or 
 unable to provide an alternative safe living arrangement for the 
 child. 

    Subd. 3.  "Child-placing agency" means anyone licensed 
 under sections 245A.01 to 245A.16 and 252.28, subdivision 2. 

    Subd. 4.  "Court" means juvenile court unless otherwise 
 specified in this section. 

    Subd. 5.    Delinquent child.  (a) Except as otherwise 
 provided in paragraph (b), "delinquent child" means a child: 

    (1) who has violated any state or local law, except as 
 provided in section 260.193, subdivision 1, and except for 
 juvenile offenders as described in subdivisions 19 to 23; 

    (2) who has violated a federal law or a law of another 
 state and whose case has been referred to the juvenile court if 
 the violation would be an act of delinquency if committed in 
 this state or a crime or offense if committed by an adult; 

    (3) who has escaped from confinement to a state juvenile 
 correctional facility after being committed to the custody of 
 the commissioner of corrections; or 

    (4) who has escaped from confinement to a local juvenile 
 correctional facility after being committed to the facility by 
 the court. 

    (b) The term delinquent child does not include a child 
 alleged to have committed murder in the first degree after 
 becoming 16 years of age, but the term delinquent child does 
 include a child alleged to have committed attempted murder in 
 the first degree. 

    Subd. 5a.    Emotional maltreatment.  "Emotional 
 maltreatment" means the consistent, deliberate infliction of 
 mental harm on a child by a person responsible for the child's 
 care, that has an observable, sustained, and adverse effect on 
 the child's physical, mental, or emotional development. 
 "Emotional maltreatment" does not include reasonable training or 
 discipline administered by the person responsible for the 
 child's care or the reasonable exercise of authority by that 
 person. 

    Subd. 6. Repealed, 1988 c 673 s 40 

    Subd. 7.  "Foster care" means the 24 hour a day care of a 
 child in any facility which for gain or otherwise regularly 
 provides one or more children, when unaccompanied by their 
 parents, with a substitute for the care, food, lodging, 
 training, education, supervision or treatment they need but 
 which for any reason cannot be furnished by their parents or 
 legal guardians in their homes.  

    Subd. 8.  "Legal custody" means the right to the care, 
 custody, and control of a child who has been taken from a parent 
 by the court in accordance with the provisions of section 
 260.185, 260.191, or 260.241.  The expenses of legal custody are 
 paid in accordance with the provisions of section 260.251. 

    Subd. 9.  "Minor" means an individual under 18 years of age.

    Subd. 10. Repealed, 1988 c 673 s 40 

    Subd. 11.    Parent.  "Parent" means the birth or 
 adoptive parent of a minor.  For an Indian child, parent 
 includes any Indian person who has adopted a child by tribal law 
 or custom, as provided in section 257.351, subdivision 11. 

    Subd. 12.  "Person" includes any individual, association, 
 corporation, partnership, and the state or any of its political 
 subdivisions, departments, or agencies. 

    Subd. 13.    Relative.  "Relative" means a parent, 
 stepparent, grandparent, brother, sister, uncle, or aunt of the 
 minor.  This relationship may be by blood or marriage.  For an 
 Indian child, relative includes members of the extended family 
 as defined by the law or custom of the Indian child's tribe or, 
 in the absence of laws or custom, nieces, nephews, or first or 
 second cousins, as provided in the Indian Child Welfare Act of 
 1978, United States Code, title 25, section 1903.  For purposes 
 of dispositions, relative has the meaning given in section 
 260.181, subdivision 3. 

    Subd. 14.    Custodian.  "Custodian" means any person 
 who is under a legal obligation to provide care and support for 
 a minor or who is in fact providing care and support for a 
 minor.  This subdivision does not impose upon persons who are 
 not otherwise legally responsible for providing a child with 
 necessary food, clothing, shelter, education, or medical care a 
 duty to provide that care.  For an Indian child, custodian means 
 any Indian person who has legal custody of an Indian child under 
 tribal law or custom or under state law or to whom temporary 
 physical care, custody, and control has been transferred by the 
 parent of the child, as provided in section 257.351, subdivision 
 8.  

    Subd. 15. Repealed, 1982 c 469 s 10 

    Subd. 16.  "Secure detention facility" means a physically 
 restricting facility, including but not limited to a jail, a 
 hospital, a state institution, a residential treatment center, 
 or a detention home used for the temporary care of a child 
 pending court action. 

    Subd. 17.  "Shelter care facility" means a physically 
 unrestricting facility, such as but not limited to, a hospital, 
 a group home or a licensed facility for foster care, used for 
 the temporary care of a child pending court action. 

    Subd. 18.  "Neglected and in foster care" means a child 

    (a) Who has been placed in foster care by court order; and 

    (b) Whose parents' circumstances, condition, or conduct are 
 such that the child cannot be returned to them; and 

    (c) Whose parents, despite the availability of needed 
 rehabilitative services, have failed to make reasonable efforts 
 to adjust their circumstances, condition or conduct, or have 
 willfully failed to meet reasonable expectations with regard to 
 visiting the child or providing financial support for the child. 

    Subd. 19.    Habitual truant.  "Habitual truant" means a 
 child under the age of 16 years who is absent from attendance at 
 school without lawful excuse for seven school days if the child 
 is in elementary school or for one or more class periods on 
 seven school days if the child is in middle school, junior high 
 school, or high school, or a child who is 16 or 17 years of age 
 who is absent from attendance at school without lawful excuse 
 for one or more class periods on seven school days and who has 
 not lawfully withdrawn from school under section 120A.22, 
 subdivision 6.  

    Subd. 20.    Runaway.  "Runaway" means an unmarried 
 child under the age of 18 years who is absent from the home of a 
 parent or other lawful placement without the consent of the 
 parent, guardian, or lawful custodian.  

    Subd. 21.    Juvenile petty offender; juvenile petty 
 offense.  (a) "Juvenile petty offense" includes a juvenile 
 alcohol offense, a juvenile controlled substance offense, a 
 violation of section 609.685, or a violation of a local 
 ordinance, which by its terms prohibits conduct by a child under 
 the age of 18 years which would be lawful conduct if committed 
 by an adult.  

    (b) Except as otherwise provided in paragraph (c), 
 "juvenile petty offense" also includes an offense that would be 
 a misdemeanor if committed by an adult.  

    (c) "Juvenile petty offense" does not include any of the 
 following: 

    (1) a misdemeanor-level violation of section 588.20, 
 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
 609.79, or 617.23; 

    (2) a major traffic offense or an adult court traffic 
 offense, as described in section 260.193; 

    (3) a misdemeanor-level offense committed by a child whom 
 the juvenile court previously has found to have committed a 
 misdemeanor, gross misdemeanor, or felony offense; or 

    (4) a misdemeanor-level offense committed by a child whom 
 the juvenile court has found to have committed a 
 misdemeanor-level juvenile petty offense on two or more prior 
 occasions, unless the county attorney designates the child on 
 the petition as a juvenile petty offender notwithstanding this 
 prior record.  As used in this clause, "misdemeanor-level 
 juvenile petty offense" includes a misdemeanor-level offense 
 that would have been a juvenile petty offense if it had been 
 committed on or after July 1, 1995.  

    (d) A child who commits a juvenile petty offense is a 
 "juvenile petty offender." 

    Subd. 22.    Juvenile alcohol offense.  "Juvenile 
 alcohol offense" means a violation by a child of any provision 
 of section 340A.503 or an equivalent local ordinance.  

    Subd. 23.    Juvenile controlled substance offense.  
 "Juvenile controlled substance offense" means a violation by a 
 child of section 152.027, subdivision 4, with respect to a small 
 amount of marijuana or an equivalent local ordinance. 

    Subd. 24.    Domestic child abuse.  "Domestic child 
 abuse" means:  

    (1) any physical injury to a minor family or household 
 member inflicted by an adult family or household member other 
 than by accidental means; or 

    (2) subjection of a minor family or household member by an 
 adult family or household member to any act which constitutes a 
 violation of sections 609.321 to 609.324, 609.342, 609.343, 
 609.344, 609.345, or 617.246.  

    Subd. 25.    Family or household members.  "Family or 
 household members" means spouses, former spouses, parents and 
 children, persons related by blood, and persons who are 
 presently residing together or who have resided together in the 
 past, and persons who have a child in common regardless of 
 whether they have been married or have lived together at any 
 time.  

    Subd. 26.    Indian.  "Indian," consistent with section 
 257.351, subdivision 5, means a person who is a member of an 
 Indian tribe or who is an Alaskan native and a member of a 
 regional corporation as defined in section 7 of the Alaska 
 Native Claims Settlement Act, United States Code, title 43, 
 section 1606. 

    Subd. 27.    Indian child.  "Indian child," consistent 
 with section 257.351, subdivision 6, means an unmarried person 
 who is under age 18 and is: 

    (1) a member of an Indian tribe; or 

    (2) eligible for membership in an Indian tribe. 

    Subd. 28.    Child abuse.  "Child abuse" means an act 
 that involves a minor victim and that constitutes a violation of 
 section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 
 or 617.246. 

    Subd. 29.    Egregious harm.  "Egregious harm" means the 
 infliction of bodily harm to a child or neglect of a child which 
 demonstrates a grossly inadequate ability to provide minimally 
 adequate parental care.  The egregious harm need not have 
 occurred in the state or in the county where a termination of 
 parental rights action is otherwise properly venued.  Egregious 
 harm includes, but is not limited to: 

    (1) conduct towards a child that constitutes a violation of 
 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 any other similar law of any other state; 

    (2) the infliction of "substantial bodily harm" to a child, 
 as defined in section 609.02, subdivision 7a; 

    (3) conduct towards a child that constitutes felony 
 malicious punishment of a child under section 609.377; 

    (4) conduct towards a child that constitutes felony 
 unreasonable restraint of a child under section 609.255, 
 subdivision 3; 

    (5) conduct towards a child that constitutes felony neglect 
 or endangerment of a child under section 609.378; 

    (6) conduct towards a child that constitutes assault under 
 section 609.221, 609.222, or 609.223; 

    (7) conduct towards a child that constitutes solicitation, 
 inducement, or promotion of, or receiving profit derived from 
 prostitution under section 609.322; 

    (8) conduct toward a child that constitutes murder or 
 voluntary manslaughter as defined by United States Code, title 
 18, section 1111(a) or 1112(a); or 

    (9) conduct toward a child that constitutes aiding or 
 abetting, attempting, conspiring, or soliciting to commit a 
 murder or voluntary manslaughter that constitutes a violation of 
 United States Code, title 18, section 1111(a) or 1112(a). 

    HIST: 1959 c 685 s 2; 1961 c 576 s 1; 1963 c 516 s 1; 1969 c 
 503 s 1,2; 1971 c 25 s 48; 1973 c 725 s 50; 1974 c 469 s 1; 1976 
 c 318 s 5-7; 1977 c 330 s 2; 1978 c 602 s 3; 1981 c 290 s 4; 
 1982 c 469 s 1,2; 1982 c 544 s 1-6; 1984 c 573 s 1,2; 1985 c 283 
 s 1; 1985 c 305 art 12 s 1; 1986 c 351 s 2; 1986 c 435 s 2; 1986 
 c 444; 1Sp1986 c 3 art 1 s 67; 1987 c 384 art 2 s 65; 1988 c 514 
 s 5; 1988 c 673 s 3-6; 1988 c 718 art 7 s 55; 1989 c 113 s 1; 
 1989 c 208 s 1; 1989 c 209 art 2 s 1; 1989 c 235 s 2-7; 1989 c 
 285 s 5,6; 1990 c 499 s 1; 1990 c 542 s 11; 1991 c 199 art 2 s 
 1; 1991 c 265 art 7 s 33; 1991 c 279 s 8; 1992 c 464 art 2 s 1; 
 1993 c 33 s 1,2; 1994 c 465 art 1 s 62; art 3 s 15; 1994 c 576 s 
 9; 1994 c 631 s 31; 1995 c 226 art 3 s 15; 1995 c 259 art 3 s 3; 
 1996 c 408 art 6 s 1; 1996 c 416 s 14; 1996 c 421 s 5; 1997 c 
 239 art 6 s 14,15; art 11 s 1; 1998 c 254 art 1 s 71; 1998 c 367 
 art 2 s 1,32; art 10 s 4,5; 1998 c 397 art 11 s 3; 1998 c 398 
 art 5 s 28; 1998 c 406 art 1 s 25,26,37; 1998 c 407 art 9 s 
 24,25 

     260.019 Juvenile court; Hennepin and Ramsey counties. 

    Subdivision 1.  In Hennepin and Ramsey counties, the 
 district court is the juvenile court. 

    Subd. 2.  In each county, the chief judge of the district 
 shall designate one or more judges to hear cases arising under 
 sections 260.011 to 260.301. 

    Subd. 3.  The chief judge shall designate any judge to hear 
 cases arising under sections 260.011 to 260.301 as a principal 
 or exclusive assignment for no more than six years out of any 
 12-year period. 

    Subd. 4.  The incumbent "District Court Judge, Juvenile 
 Court Division" in Hennepin county is a judge of district court 
 subject to the administrative authority and assignment power of 
 the chief judge of the district as provided in section 484.69, 
 subdivision 3. 

    HIST: 1978 c 750 s 7; 1981 c 292 s 2; 1986 c 444 

  260.0191 Repealed, 1985 c 278 s 2; 1989 c 262 s 5 

  260.02 Repealed, 1959 c 685 s 53 

     260.021 Juvenile courts. 

    Subdivision 1.  Repealed, 1978 c 750 s 9 

    Subd. 2.  Repealed, 1978 c 750 s 9 

    Subd. 3.  Repealed, 1978 c 750 s 9 

    Subd. 4.    Juvenile court.  In counties now or 
 hereafter having a population of not more than 200,000, the 
 probate court is the juvenile court.  At the primary or general 
 election, the office of probate judge shall also be designated 
 on the ballot as "Judge of the Juvenile Court." 

    HIST: 1959 c 685 s 3; 1965 c 316 s 1,2; 1971 c 25 s 49,50 

     260.022 St. Louis county juvenile court, designation; 
  judges; location.  

    Subdivision 1.  In the county of Saint Louis the probate 
 court is the juvenile court.  

    Subd. 2.  There are two judges of the probate court in 
 Saint Louis county each of whom shall meet the requirements of 
 Minnesota Statutes 1967, section 525.04.  

    Subd. 3.  Upon January 1, 1970 an additional probate judge 
 shall be appointed by the governor from among those persons who 
 are referees in the probate court of Saint Louis county who are 
 learned in the law and who have served as a referee not less 
 than five years.  If no such referee is available then the 
 governor shall appoint the additional probate judge from among 
 those persons resident of the county of Saint Louis who are 
 learned in the law.  The additional judge appointed shall serve 
 until a successor is elected at the next general election 
 occurring more than one year after such appointment.  The judge 
 of the probate court of the county of Saint Louis having the 
 greatest number of years of service is the chief judge of such 
 court.  

    Subd. 4.  The chief judge of the probate court of the 
 county of Saint Louis shall designate one of the judges of such 
 court to serve as the judge of the juvenile court division to 
 hear all cases arising thereunder pursuant to Minnesota Statutes 
 1967, chapter 260, and any other law relating to juveniles.  
 Such assignment shall be for one year unless otherwise ordered.  
 The judge designated as the judge of the juvenile court division 
 shall devote all time required to the business of that division 
 and work in connection therewith shall be disposed of before the 
 judge engages in any other work of the probate court.  

    Subd. 5.  The judge of the juvenile court division shall 
 hold hearings and conduct court at Duluth, Virginia, and 
 Hibbing, and the terms thereof including special terms shall be 
 prescribed by rule.  

    HIST: 1969 c 549 s 1; 1986 c 444 

     260.023 Court administrator of St. Louis county juvenile 
  court.  

    The court administrator of the probate court of Saint Louis 
 county is also the court administrator of the juvenile court.  
 The court administrator may appoint deputy court administrators 
 to serve at Duluth, Virginia, and Hibbing with the approval of 
 the juvenile judge.  

    HIST: 1969 c 549 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     260.024 Jurisdiction of St. Louis county juvenile court. 

    Subdivision 1.  Notwithstanding any indication to the 
 contrary in the statutory provisions enumerated herein, the 
 juvenile court judges in the county of Saint Louis shall act in 
 lieu of the district court judges in matters concerning county 
 home schools under Minnesota Statutes 1967, section 260.094, and 
 detention homes under Minnesota Statutes 1967, section 260.101.  

    Subd. 2.  Notwithstanding an indication to the contrary in 
 Minnesota Statutes 1967, section 260.311, subdivision 4, a 
 majority of the judges of both the district court and the 
 juvenile court in the county of Saint Louis may direct the 
 payment of salaries to probation officers as otherwise provided 
 for in said subdivision.  

    Subd. 3.  Notwithstanding an indication to the contrary in 
 Laws 1961, chapter 302, section 1, in the county of Saint Louis 
 a majority of the judges of district court and juvenile court 
 shall appoint a chief probation officer in the manner provided 
 in said section.  The probation officer so appointed and such 
 additional personnel as may be required shall render to the 
 judges of the district court and the juvenile court such 
 services as have customarily been rendered in connection with 
 their past employment under Laws 1961, chapter 302, and prior to 
 January 1, 1970.  The chief probation officer and any incumbent 
 personnel shall continue in office upon January 1, 1970, but 
 this subdivision shall apply in filling vacancies which may 
 occur.  

    Probation officers of the county of Saint Louis shall make 
 investigations as may be directed by the juvenile court of Saint 
 Louis county as well as the district court and in the manner 
 provided by Laws 1961, chapter 302, section 2.  It is 
 contemplated by this subdivision that the judges of the juvenile 
 court shall have the same jurisdiction over probation officers 
 as have the judges of the district court.  

    HIST: 1969 c 549 s 3 

     260.025 Place of hearing.  

    The judge of the juvenile court may hold hearings in the 
 county seat of the county, or in any other city in the county.  
 The county shall provide suitable quarters at the county seat 
 for the hearing of cases and the use of judges and other 
 employees of the court. 

    HIST: 1959 c 685 s 4; 1973 c 123 art 5 s 7 

  260.03 Repealed, 1959 c 685 s 53 

     260.031 Referee. 

    Subdivision 1.    Appointment.  The chief judge of the 
 judicial district may appoint one or more suitable persons to 
 act as referees.  All referees are subject to the administrative 
 authority and assignment power of the chief judge of the 
 district as provided in section 484.69, subdivision 3, and are 
 not limited to assignment to juvenile court.  Referees shall 
 hold office at the pleasure of the judges of the district court 
 and shall be learned in the law, except that persons holding the 
 office of referee on January 1, 1983, may continue to serve 
 under the terms and conditions of their appointment.  The 
 compensation of a referee shall be fixed by the judge, approved 
 by the county board and payable from the general revenue funds 
 of the county not otherwise appropriated.  Part time referees 
 holding office in the second judicial district pursuant to this 
 subdivision shall cease to hold office on July 31, 1984.  

    Subd. 2.    Referee hears case.  The judge may direct 
 that any case or class of cases shall be heard in the first 
 instance by the referee in the manner provided for the hearing 
 of cases by the court.  

    Subd. 3.    Findings transmitted.  Upon the conclusion 
 of the hearing in each case, the referee shall transmit to the 
 judge all papers relating to the case, together with findings 
 and recommendations in writing.  Notice of the findings of the 
 referee together with a statement relative to the right of 
 rehearing shall be given to the minor, parents, guardian, or 
 custodian of the minor whose case has been heard by the referee, 
 and to any other person that the court may direct.  This notice 
 may be given at the hearing, or by certified mail or other 
 service directed by the court.  

    Subd. 4.    Hearing request.  The minor and the minor's 
 parents, guardians, or custodians are entitled to a hearing by 
 the judge of the juvenile court if, within three days after 
 receiving notice of the findings of the referee, they file a 
 request with the court for a hearing.  The court may allow such 
 a hearing at any time.  

    Subd. 5.    Referee findings; decree of court.  In case 
 no hearing before the judge is requested, or when the right to a 
 hearing is waived, the findings and recommendations of the 
 referee become the decree of the court when confirmed by an 
 order of the judge.  The final order of the court shall, in any 
 event, be proof of such confirmation, and also of the fact that 
 the matter was duly referred to the referee.  

    HIST: 1959 c 685 s 5; 1981 c 272 s 1; 1Sp1981 c 4 art 4 s 25; 
 1983 c 370 s 1; 1986 c 444 

  260.04 Repealed, 1959 c 685 s 53 

     260.041 Court administrator; court reporter.  

    Subdivision 1.  The court administrator of the juvenile 
 court shall keep necessary books and records, issue summons and 
 process, attend to the correspondence of the court, and in 
 general perform such duties in the administration of the 
 business of the court as the judge may direct.  

    Subd. 2.  In counties having a population of not more than 
 200,000, the court administrator of the probate court shall 
 serve as court administrator of the juvenile court.  

    Subd. 3.  The judge of juvenile court, in counties not 
 having a court reporter for the juvenile court, may appoint one 
 or more qualified persons to serve as court reporters for the 
 juvenile court in any matter or proceeding, whenever the court 
 considers it necessary.  The compensation of the court reporter 
 shall be fixed by the judge and approved by the county board and 
 shall be payable from general revenue funds not otherwise 
 appropriated.  

    HIST: 1959 c 685 s 6; 1961 c 576 s 2; 1965 c 316 s 3; 1Sp1986 
 c 3 art 1 s 82 

     260.042 Orientation and educational program. 

    The court shall make an orientation and educational program 
 available for juveniles and their families in accordance with 
 the program established, if any, by the supreme court. 

    HIST: 1995 c 226 art 3 s 16 

  260.05 Renumbered 260.305 

  260.06 Repealed, 1959 c 685 s 53 

  260.065 Repealed, 1959 c 685 s 53 

  260.07 Repealed, 1959 c 685 s 53 

  260.08 Repealed, 1959 c 685 s 53 

  260.09 Renumbered 260.311 

     260.092 Expert assistance. 

    In any county the court may provide for the physical and 
 mental diagnosis of cases of minors who are believed to be 
 physically handicapped, mentally ill, or mentally retarded, and 
 for such purpose may appoint professionally qualified persons, 
 whose compensation shall be fixed by the judge with the approval 
 of the county board.  

    HIST: 1959 c 685 s 7; 1985 c 21 s 60 

     260.094 County home schools. 

    In any county or group of counties the county boards may 
 purchase, lease, erect, equip, and maintain a county home school 
 for boys and girls, or a separate home school for boys and a 
 separate home school for girls.  The juvenile court may transfer 
 legal custody of a delinquent child to the home school in the 
 manner provided in section 260.185.  The county home school may, 
 with the approval of the district court judges in counties now 
 or hereafter having a population of more than 200,000, or of the 
 juvenile court judges in all other counties, be a separate 
 institution, or it may be established and operated in connection 
 with any other organized charitable or educational institution.  
 However, the plans, location, equipment, and operation of the 
 county home school shall in all cases have the approval of the 
 said judges.  There shall be a superintendent or matron, or 
 both, for such school, who shall be appointed and removed by the 
 said judges.  The salaries of the superintendent, matron, and 
 other employees shall be fixed by the said judges, subject to 
 the approval of the county board.  The county board of each 
 county to which this section applies is hereby authorized, 
 empowered, and required to provide the necessary funds to make 
 all needful appropriations to carry out the provisions of this 
 section.  The board of education, commissioner of children, 
 families, and learning, or other persons having charge of the 
 public schools in any city of the first or second class in a 
 county where a county home school is maintained pursuant to the 
 provisions of this section may furnish all necessary 
 instructors, school books, and school supplies for the boys and 
 girls placed in any such home school.  

    HIST: 1959 c 685 s 8; 1965 c 316 s 4; 1Sp1995 c 3 art 16 s 13 

     260.096 Existing home schools continued.  

    All juvenile detention homes, farms, and industrial schools 
 heretofore established under the provisions of Laws 1905, 
 chapter 285, section 5, as amended by Laws 1907, chapter 172, 
 and Laws 1911, chapter 353, or Laws 1913, chapter 83, Laws 1915, 
 chapter 228, or Laws 1917, chapter 317, as amended, are hereby 
 declared to be county home schools within the meaning of 
 sections 260.011 to 260.301 and all the provisions of those 
 sections relating to county home schools shall apply thereto.  

    HIST: 1959 c 685 s 9 

  260.10 Repealed, 1959 c 685 s 53 

     260.101 Detention homes. 

    In any county or group of counties the county boards may 
 purchase, lease, erect, equip, and maintain a detention home for 
 boys and girls, or a separate detention home for boys and girls, 
 or a separate detention home for boys or a separate detention 
 home for girls.  The detention home may, with the approval of 
 the district court judges in counties now or hereafter having a 
 population of more than 200,000 or of the juvenile court judges 
 in all other counties be a separate institution, or it may be 
 established and operated in connection with a county home school 
 or any organized charitable or educational institution.  
 However, the plans, location, equipment, and operation of the 
 detention home shall in all cases have the approval of the 
 judges. Necessary staff shall be appointed and removed by the 
 judges.  The salaries of the staff shall be fixed by the judges, 
 subject to the approval of the county boards.  The county board 
 of each county to which this section applies shall provide the 
 necessary funds to carry out the provisions of this section. 

    HIST: 1959 c 685 s 10; 1965 c 316 s 5; 1976 c 318 s 8 

  260.103 Repealed, 1988 c 673 s 40 

     260.105 Salaries.  

    All salaries and expenses to be paid by the county under 
 the provisions of sections 260.021 to 260.101 shall be paid upon 
 certification of the judge of juvenile court or upon such other 
 authorization provided by law.  

    HIST: 1959 c 685 s 12; 1991 c 199 art 2 s 1 

  260.106 Repealed, 1977 c 200 s 1 

  260.11 Repealed, 1959 c 685 s 53 

     260.111 Jurisdiction. 

    Subdivision 1.    Children who are delinquent, in need of 
 protection or services, or neglected and in foster care.  
 Except as provided in sections 260.125 and 260.193, the juvenile 
 court has original and exclusive jurisdiction in proceedings 
 concerning any child who is alleged to be delinquent, a juvenile 
 traffic offender, a juvenile petty offender, in need of 
 protection or services, or neglected and in foster care, and in 
 proceedings concerning any minor alleged to have been a 
 delinquent, a juvenile petty offender, or a juvenile traffic 
 offender prior to having become 18 years of age.  The juvenile 
 court shall deal with such a minor as it deals with any other 
 child who is alleged to be delinquent or a juvenile traffic 
 offender.  

    Subd. 1a.    No juvenile court jurisdiction over certain 
 offenders.  Notwithstanding any other law to the contrary, the 
 juvenile court lacks jurisdiction over proceedings concerning a 
 child excluded from the definition of delinquent child under 
 section 260.015, subdivision 5, paragraph (b).  The district 
 court has original and exclusive jurisdiction in criminal 
 proceedings concerning a child excluded from the definition of 
 delinquent child under section 260.015, subdivision 5, paragraph 
 (b). 

    Subd. 2.    Jurisdiction over other matters relating to 
 children.  Except as provided in clause (d), the juvenile 
 court has original and exclusive jurisdiction in proceedings 
 concerning: 

    (a) The termination of parental rights to a child in 
 accordance with the provisions of sections 260.221 to 260.245. 

    (b) The appointment and removal of a juvenile court 
 guardian of the person for a child, where parental rights have 
 been terminated under the provisions of sections 260.221 to 
 260.245. 

    (c) Judicial consent to the marriage of a child when 
 required by law. 

    (d) Adoptions.  The juvenile court in those counties in 
 which the judge of the probate-juvenile court has been admitted 
 to the practice of law in this state shall proceed under the 
 laws relating to adoptions in all adoption matters.  In those 
 counties in which the judge of the probate-juvenile court has 
 not been admitted to the practice of law in this state the 
 district court shall proceed under the laws relating to 
 adoptions in all adoption matters.  

    (e) The review of the foster care status of a child who has 
 been placed in a residential facility, as defined in section 
 257.071, subdivision 1, pursuant to a voluntary release by the 
 child's parent or parents.  

    Subd. 3.    Jurisdiction over matters relating to domestic 
 child abuse.  The juvenile court has jurisdiction in 
 proceedings concerning any alleged acts of domestic child 
 abuse.  In a jurisdiction which utilizes referees in child in 
 need of protection or services matters, the court or judge may 
 refer actions under this subdivision to a referee to take and 
 report the evidence in the action.  If the respondent does not 
 appear after service is duly made and proved, the court may hear 
 and determine the proceeding as a default matter.  Proceedings 
 under this subdivision shall be given docket priority by the 
 court. 

    Subd. 4.    Jurisdiction over parents and guardians.  A 
 parent, guardian, or custodian of a child who is subject to the 
 jurisdiction of the court is also subject to the jurisdiction of 
 the court in any matter in which that parent, guardian, or 
 custodian has a right to notice under section 260.135 or 
 260.141, or the right to participate under section 260.155.  In 
 any proceeding concerning a child alleged to be in need of 
 protection or services, the court has jurisdiction over a 
 parent, guardian, or custodian for the purposes of a disposition 
 order issued under section 260.191, subdivision 1e. 

    Subd. 5.    Jurisdiction over Indian children.  In a 
 child in need of protection or services proceeding, when an 
 Indian child is a ward of a tribal court with federally 
 recognized child welfare jurisdiction, the Indian tribe retains 
 exclusive jurisdiction notwithstanding the residence or domicile 
 of an Indian child, as provided in the Indian Child Welfare Act 
 of 1978, United States Code, title 25, section 1911. 

    HIST: 1959 c 685 s 13; 1961 c 576 s 6; 1978 c 602 s 4; 1980 c 
 580 s 4; 1981 c 290 s 6; 1982 c 544 s 7; 1984 c 573 s 3; 1986 c 
 444; 1988 c 673 s 7-9; 1989 c 235 s 8; 1994 c 576 s 10 

     260.115 Transfers from other courts. 

    Subdivision 1.    Transfers required.  Except where a 
 juvenile court has certified an alleged violation in accordance 
 with the provisions of section 260.125, the child is alleged to 
 have committed murder in the first degree after becoming 16 
 years of age, or a court has original jurisdiction of a child 
 who has committed an adult court traffic offense, as defined in 
 section 260.193, subdivision 1, clause (c), a court other than a 
 juvenile court shall immediately transfer to the juvenile court 
 of the county the case of a minor who appears before the court 
 on a charge of violating any state or local law or ordinance and 
 who is under 18 years of age or who was under 18 years of age at 
 the time of the commission of the alleged offense. 

    Subd. 2.  The court transfers the case by filing with the 
 judge or court administrator of juvenile court a certificate 
 showing the name, age, and residence of the minor, the names and 
 addresses of the minor's parent or guardian, if known, and the 
 reasons for appearance in court, together with all the papers, 
 documents, and testimony connected therewith.  The certificate 
 has the effect of a petition filed in the juvenile court, unless 
 the judge of the juvenile court directs the filing of a new 
 petition, which shall supersede the certificate of transfer.  

    Subd. 3.  The transferring court shall order the minor to 
 be taken immediately to the juvenile court and in no event shall 
 detain the minor for longer than 48 hours after the appearance 
 of the minor in the transferring court.  The transferring court 
 may release the minor to the custody of a parent, guardian, 
 custodian, or other person designated by the court on the 
 condition that the minor will appear in juvenile court as 
 directed.  The transferring court may require the person given 
 custody of the minor to post such bail or bond as may be 
 approved by the court which shall be forfeited to the juvenile 
 court if the minor does not appear as directed.  The 
 transferring court may also release the minor on the minor's own 
 promise to appear in juvenile court.  

    HIST: 1959 c 685 s 14; 1980 c 580 s 5; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 1994 c 576 s 11; 1995 c 226 art 3 s 17 

  260.12 Repealed, 1959 c 685 s 53 

     260.121 Venue. 

    Subdivision 1.    Venue.  Except where otherwise 
 provided, venue for any proceedings under section 260.111 shall 
 be in the county where the child is found, or the county of the 
 child's residence.  When it is alleged that a child is in need 
 of protection or services, venue may be in the county where the 
 child is found, in the county of residence, or in the county 
 where the alleged conditions causing the child's need for 
 protection or services occurred.  If delinquency, a juvenile 
 petty offense, or a juvenile traffic offense is alleged, 
 proceedings shall be brought in the county of residence or the 
 county where the alleged delinquency, juvenile petty offense, or 
 juvenile traffic offense occurred.  

    Subd. 2.    Transfer.  The judge of the juvenile court 
 may transfer any proceedings brought under section 260.111, 
 except adoptions, to the juvenile court of a county having venue 
 as provided in subdivision 1, at any stage of the proceedings 
 and in the following manner.  When it appears that the best 
 interests of the child, society, or the convenience of 
 proceedings will be served by a transfer, the court may transfer 
 the case to the juvenile court of the county of the child's 
 residence.  With the consent of the receiving court, the court 
 may also transfer the case to the juvenile court of the county 
 where the child is found or, if delinquency, a juvenile petty 
 offense, or a juvenile traffic offense is alleged, to the county 
 where the alleged delinquency, juvenile petty offense, or 
 juvenile traffic offense occurred.  The court transfers the case 
 by ordering a continuance and by forwarding to the court 
 administrator of the appropriate juvenile court a certified copy 
 of all papers filed, together with an order of transfer.  The 
 judge of the receiving court may accept the findings of the 
 transferring court or may direct the filing of a new petition or 
 notice under section 260.015, subdivision 23, or 260.132 and 
 hear the case anew. 

    Subd. 3.  Except when a child is alleged to have committed 
 an adult court traffic offense, as defined in section 260.193, 
 subdivision 1, clause (c), if it appears at any stage of the 
 proceeding that a child before the court is a resident of 
 another state, the court may invoke the provisions of the 
 interstate compact on juveniles or, if it is in the best 
 interests of the child or the public to do so, the court may 
 place the child in the custody of the child's parent, guardian, 
 or custodian, if the parent, guardian, or custodian agrees to 
 accept custody of the child and return the child to their state. 

    HIST: 1959 c 685 s 15; 1961 c 576 s 7,8; 1977 c 330 s 1; 1980 
 c 580 s 6; 1982 c 544 s 8,9; 1985 c 248 s 42; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82; 1988 c 673 s 10,11; 1994 c 576 s 12 

    260.125 MS 1949 Subdivision 1.  Renumbered 242.01 

    Subd. 2.  Renumbered 242.02 

    Subd. 3.  Renumbered 242.03 

    Subd. 4.  Renumbered 242.04 

    Subd. 5.  Renumbered 242.05 

    Subd. 6.  Renumbered 242.06 

    Subd. 7.  Renumbered 242.07 

    Subd. 8.  Renumbered 242.08 

    Subd. 9.  Renumbered 242.09 

    Subd. 10.  Renumbered 242.10 

    Subd. 11.  Renumbered 242.11 

    Subd. 12.  Renumbered 242.12 

    Subd. 13.  Renumbered 242.13 

    Subd. 14.  Renumbered 242.14 

    Subd. 15.  Renumbered 242.15 

    Subd. 16.  Renumbered 242.16 

    Subd. 17.  Renumbered 242.17 

    Subd. 18.  Renumbered 242.18 

    Subd. 19.  Renumbered 242.19 

    Subd. 20.  Renumbered 242.20 

    Subd. 21.  Renumbered 242.21 

    Subd. 22.  Renumbered 242.22 

    Subd. 23.  Renumbered 242.23 

    Subd. 24.  Renumbered 242.24 

    Subd. 25.  Renumbered 242.25 

    Subd. 26.  Renumbered 242.26 

    Subd. 27.  Renumbered 242.27 

    Subd. 28.  Renumbered 242.28 

    Subd. 29.  Renumbered 242.29 

    Subd. 30.  Renumbered 242.30 

    Subd. 31.  Renumbered 242.31 

    Subd. 32.  Renumbered 242.32 

    Subd. 33.  Renumbered 242.33 

    Subd. 34.  Renumbered 242.34 

    Subd. 35.  Renumbered 242.35 

    Subd. 36.  Renumbered 242.36 

    Subd. 37.  Renumbered 242.37 

     260.125 Certification. 

    Subdivision 1.  When a child is alleged to have committed, 
 after becoming 14 years of age, an offense that would be a 
 felony if committed by an adult, the juvenile court may enter an 
 order certifying the proceeding for action under the laws and 
 court procedures controlling adult criminal violations. 

    Subd. 2.    Order of certification; requirements.  
 Except as provided in subdivision 3a or 3b, the juvenile court 
 may order a certification only if:  

    (1) a petition has been filed in accordance with the 
 provisions of section 260.131; 

    (2) a motion for certification has been filed by the 
 prosecuting authority; 

    (3) notice has been given in accordance with the provisions 
 of sections 260.135 and 260.141; 

    (4) a hearing has been held in accordance with the 
 provisions of section 260.155 within 30 days of the filing of 
 the certification motion, unless good cause is shown by the 
 prosecution or the child as to why the hearing should not be 
 held within this period in which case the hearing shall be held 
 within 90 days of the filing of the motion; 

    (5) the court finds that there is probable cause, as 
 defined by the rules of criminal procedure promulgated pursuant 
 to section 480.059, to believe the child committed the offense 
 alleged by delinquency petition; and 

    (6) the court finds either: 

    (i) that the presumption of certification created by 
 subdivision 2a applies and the child has not rebutted the 
 presumption by clear and convincing evidence demonstrating that 
 retaining the proceeding in the juvenile court serves public 
 safety; or 

    (ii) that the presumption of certification does not apply 
 and the prosecuting authority has demonstrated by clear and 
 convincing evidence that retaining the proceeding in the 
 juvenile court does not serve public safety.  If the court finds 
 that the prosecutor has not demonstrated by clear and convincing 
 evidence that retaining the proceeding in juvenile court does 
 not serve public safety, the court shall retain the proceeding 
 in juvenile court. 

    Subd. 2a.    Presumption of certification.  It is 
 presumed that a proceeding involving an offense committed by a 
 child will be certified if: 

    (1) the child was 16 or 17 years old at the time of the 
 offense; and 

    (2) the delinquency petition alleges that the child 
 committed an offense that would result in a presumptive 
 commitment to prison under the sentencing guidelines and 
 applicable statutes, or that the child committed any felony 
 offense while using, whether by brandishing, displaying, 
 threatening with, or otherwise employing, a firearm. 

 If the court determines that probable cause exists to believe 
 the child committed the alleged offense, the burden is on the 
 child to rebut this presumption by demonstrating by clear and 
 convincing evidence that retaining the proceeding in the 
 juvenile court serves public safety.  If the court finds that 
 the child has not rebutted the presumption by clear and 
 convincing evidence, the court shall certify the proceeding. 

    Subd. 2b.    Public safety.  In determining whether the 
 public safety is served by certifying the matter, the court 
 shall consider the following factors: 

    (1) the seriousness of the alleged offense in terms of 
 community protection, including the existence of any aggravating 
 factors recognized by the sentencing guidelines, the use of a 
 firearm, and the impact on any victim; 

    (2) the culpability of the child in committing the alleged 
 offense, including the level of the child's participation in 
 planning and carrying out the offense and the existence of any 
 mitigating factors recognized by the sentencing guidelines; 

    (3) the child's prior record of delinquency; 

    (4) the child's programming history, including the child's 
 past willingness to participate meaningfully in available 
 programming; 

    (5) the adequacy of the punishment or programming available 
 in the juvenile justice system; and 

    (6) the dispositional options available for the child. 

 In considering these factors, the court shall give greater 
 weight to the seriousness of the alleged offense and the child's 
 prior record of delinquency than to the other factors listed in 
 this subdivision. 

    Subd. 3. Repealed by amendment, 1994 c 576 s 13 

    Subd. 3a.    Prior certification; exception.  
 Notwithstanding the provisions of subdivisions 2, 2a, and 2b, 
 the court shall order a certification in any felony case if the 
 prosecutor shows that the child has been previously prosecuted 
 on a felony charge by an order of certification issued pursuant 
 to either a hearing held under subdivision 2 or pursuant to the 
 waiver of the right to such a hearing, other than a prior 
 certification in the same case. 

    This subdivision only applies if the child is convicted of 
 the offense or offenses for which the child was prosecuted 
 pursuant to the order of certification or of a lesser-included 
 offense which is a felony.  

    This subdivision does not apply to juvenile offenders who 
 are subject to criminal court jurisdiction under section 609.055.

    Subd. 3b.    Adult charged with juvenile offense.  The 
 juvenile court has jurisdiction to hold a certification hearing 
 on motion of the prosecuting authority to certify the matter if: 

    (1) an adult is alleged to have committed an offense before 
 the adult's 18th birthday; and 

    (2) a petition is filed under section 260.131 before 
 expiration of the time for filing under section 628.26. 

 The court may not certify the matter under this subdivision if 
 the adult demonstrates that the delay was purposefully caused by 
 the state in order to gain an unfair advantage. 

    Subd. 4.    Effect of order.  When the juvenile court 
 enters an order certifying an alleged violation, the prosecuting 
 authority shall proceed with the case as if the jurisdiction of 
 the juvenile court had never attached. 

    Subd. 5.    Written findings; options.  The court shall 
 decide whether to order certification within 15 days after the 
 certification hearing was completed, unless additional time is 
 needed, in which case the court may extend the period up to 
 another 15 days.  If the juvenile court orders certification, 
 and the presumption described in subdivision 2a does not apply, 
 the order shall contain in writing, findings of fact and 
 conclusions of law as to why public safety is not served by 
 retaining the proceeding in the juvenile court.  If the juvenile 
 court, after a hearing conducted pursuant to subdivision 2, 
 decides not to order certification, the decision shall contain, 
 in writing, findings of fact and conclusions of law as to why 
 certification is not ordered.  If the juvenile court decides not 
 to order certification in a case in which the presumption 
 described in subdivision 2a applies, the court shall designate 
 the proceeding an extended jurisdiction juvenile prosecution and 
 include in its decision written findings of fact and conclusions 
 of law as to why the retention of the proceeding in juvenile 
 court serves public safety, with specific reference to the 
 factors listed in subdivision 2b.  If the court decides not to 
 order certification in a case in which the presumption described 
 in subdivision 2a does not apply, the court may designate the 
 proceeding an extended jurisdiction juvenile prosecution, 
 pursuant to the hearing process described in section 260.126, 
 subdivision 2. 

    Subd. 6. Repealed, 1989 c 209 art 1 s 27 

    Subd. 6.    First-degree murder.  When a motion for 
 certification has been filed in a case in which the petition 
 alleges that the child committed murder in the first degree, the 
 prosecuting authority shall present the case to the grand jury 
 for consideration of indictment under chapter 628 within 14 days 
 after the petition was filed. 

    Subd. 7.    Inapplicability to certain offenders.  This 
 section does not apply to a child excluded from the definition 
 of delinquent child under section 260.015, subdivision 5, 
 paragraph (b). 

    HIST: 1959 c 685 s 16; 1963 c 516 s 2; 1980 c 580 s 7; 1981 c 
 201 s 1; 1982 c 544 s 10; 1983 c 25 s 1,2; 1986 c 435 s 3; 1986 
 c 444; 1988 c 515 s 1; 1989 c 290 art 3 s 26; 1989 c 356 s 53; 
 1990 c 499 s 2; 1991 c 279 s 9; 1992 c 571 art 7 s 1; 1994 c 576 
 s 13; 1995 c 226 art 3 s 18 

     260.126 Extended jurisdiction juvenile prosecutions. 

    Subdivision 1.    Designation.  A proceeding involving a 
 child alleged to have committed a felony offense is an extended 
 jurisdiction juvenile prosecution if: 

    (1) the child was 14 to 17 years old at the time of the 
 alleged offense, a certification hearing was held, and the court 
 designated the proceeding an extended jurisdiction juvenile 
 prosecution; 

    (2) the child was 16 or 17 years old at the time of the 
 alleged offense; the child is alleged to have committed an 
 offense for which the sentencing guidelines and applicable 
 statutes presume a commitment to prison or to have committed any 
 felony in which the child allegedly used a firearm; and the 
 prosecutor designated in the delinquency petition that the 
 proceeding is an extended jurisdiction juvenile prosecution; or 

    (3) the child was 14 to 17 years old at the time of the 
 alleged offense, the prosecutor requested that the proceeding be 
 designated an extended jurisdiction juvenile prosecution, a 
 hearing was held on the issue of designation, and the court 
 designated the proceeding an extended jurisdiction juvenile 
 prosecution. 

    Subd. 2.    Hearing on prosecutor's request.  When a 
 prosecutor requests that a proceeding be designated an extended 
 jurisdiction juvenile prosecution, the court shall hold a 
 hearing under section 260.155 to consider the request.  The 
 hearing must be held within 30 days of the filing of the request 
 for designation, unless good cause is shown by the prosecution 
 or the child as to why the hearing should not be held within 
 this period in which case the hearing shall be held within 90 
 days of the filing of the request.  If the prosecutor shows by 
 clear and convincing evidence that designating the proceeding an 
 extended jurisdiction juvenile prosecution serves public safety, 
 the court shall grant the request for designation.  In 
 determining whether public safety is served, the court shall 
 consider the factors specified in section 260.125, subdivision 
 2b.  The court shall decide whether to designate the proceeding 
 an extended jurisdiction juvenile prosecution within 15 days 
 after the designation hearing is completed, unless additional 
 time is needed, in which case the court may extend the period up 
 to another 15 days. 

    Subd. 3.    Proceedings.  A child who is the subject of 
 an extended jurisdiction juvenile prosecution has the right to a 
 trial by jury and to the effective assistance of counsel, as 
 described in section 260.155, subdivision 2. 

    Subd. 4.    Disposition.  (a) If an extended 
 jurisdiction juvenile prosecution results in a guilty plea or 
 finding of guilt, the court shall: 

    (1) impose one or more juvenile dispositions under section 
 260.185; and 

    (2) impose an adult criminal sentence, the execution of 
 which shall be stayed on the condition that the offender not 
 violate the provisions of the disposition order and not commit a 
 new offense. 

    (b) If a child prosecuted as an extended jurisdiction 
 juvenile after designation by the prosecutor in the delinquency 
 petition is convicted of an offense after trial that is not an 
 offense described in subdivision 1, clause (2), the court shall 
 adjudicate the child delinquent and order a disposition under 
 section 260.185.  If the extended jurisdiction juvenile 
 proceeding results in a guilty plea for an offense not described 
 in subdivision 1, clause (2), the court may impose a disposition 
 under paragraph (a) if the child consents. 

    Subd. 5.    Execution of adult sentence.  When it 
 appears that a person convicted as an extended jurisdiction 
 juvenile has violated the conditions of the stayed sentence, or 
 is alleged to have committed a new offense, the court may, 
 without notice, revoke the stay and probation and direct that 
 the offender be taken into immediate custody.  The court shall 
 notify the offender in writing of the reasons alleged to exist 
 for revocation of the stay of execution of the adult sentence.  
 If the offender challenges the reasons, the court shall hold a 
 summary hearing on the issue at which the offender is entitled 
 to be heard and represented by counsel.  After the hearing, if 
 the court finds that reasons exist to revoke the stay of 
 execution of sentence, the court shall treat the offender as an 
 adult and order any of the adult sanctions authorized by section 
 609.14, subdivision 3.  If the offender was convicted of an 
 offense described in subdivision 1, clause (2), and the court 
 finds that reasons exist to revoke the stay, the court must 
 order execution of the previously imposed sentence unless the 
 court makes written findings regarding the mitigating factors 
 that justify continuing the stay.  Upon revocation, the 
 offender's extended jurisdiction status is terminated and 
 juvenile court jurisdiction is terminated.  The ongoing 
 jurisdiction for any adult sanction, other than commitment to 
 the commissioner of corrections, is with the adult court. 

    Subd. 6.    Inapplicability to certain offenders.  This 
 section does not apply to a child excluded from the definition 
 of delinquent child under section 260.015, subdivision 5, 
 paragraph (b). 

    HIST: 1994 c 576 s 14; 1995 c 226 art 3 s 19 

  260.13 Repealed, 1959 c 685 s 53 

     260.131 Petition. 

    Subdivision 1.    Who may file; required form.  (a) Any 
 reputable person, including but not limited to any agent of the 
 commissioner of human services, having knowledge of a child in 
 this state or of a child who is a resident of this state, who 
 appears to be delinquent, in need of protection or services, or 
 neglected and in foster care, may petition the juvenile court in 
 the manner provided in this section. 

    (b) A petition for a child in need of protection filed by 
 an individual who is not a county attorney or an agent of the 
 commissioner of human services shall be filed on a form 
 developed by the state court administrator and provided to court 
 administrators.  Copies of the form may be obtained from the 
 court administrator in each county.  The court administrator 
 shall review the petition before it is filed to determine that 
 it is completed.  The court administrator may reject the 
 petition if it does not indicate that the petitioner has 
 contacted the local social service agency. 

    An individual may file a petition under this subdivision 
 without seeking internal review of the local social service 
 agency's decision.  The court shall determine whether there is 
 probable cause to believe that a need for protection or services 
 exists before the matter is set for hearing.  If the matter is 
 set for hearing, the court administrator shall notify the local 
 social service agency by sending notice to the county attorney. 

    The petition must contain: 

    (1) a statement of facts that would establish, if proven, 
 that there is a need for protection or services for the child 
 named in the petition; 

    (2) a statement that petitioner has reported the 
 circumstances underlying the petition to the local social 
 service agency, and protection or services were not provided to 
 the child; 

    (3) a statement whether there are existing juvenile or 
 family court custody orders or pending proceedings in juvenile 
 or family court concerning the child; and 

    (4) a statement of the relationship of the petitioner to 
 the child and any other parties. 

    The court may not allow a petition to proceed under this 
 paragraph if it appears that the sole purpose of the petition is 
 to modify custody between the parents. 

    Subd. 1a.    Review of foster care status.  The social 
 service agency responsible for the placement of a child in a 
 residential facility, as defined in section 257.071, subdivision 
 1, pursuant to a voluntary release by the child's parent or 
 parents may bring a petition in juvenile court to review the 
 foster care status of the child in the manner provided in this 
 section.  

    Subd. 1b.    Child in need of protection or services; 
 habitual truant.  If there is a school attendance review board 
 or county attorney mediation program operating in the child's 
 school district, a petition alleging that a child is in need of 
 protection or services as a habitual truant under section 
 260.015, subdivision 2a, clause (12), may not be filed until the 
 applicable procedures under section 260A.06 or 260A.07 have been 
 followed. 

    Subd. 2.  The petition shall be verified by the person 
 having knowledge of the facts and may be on information and 
 belief.  Unless otherwise provided by this section or by rule or 
 order of the court, the county attorney shall draft the petition 
 upon the showing of reasonable grounds to support the petition. 

    Subd. 3.  The petition and all subsequent court documents 
 shall be entitled substantially as follows: 

    "Juvenile Court, County of ................. 

    In the matter of the welfare of ..........." 

    The petition shall set forth plainly: 

    (a) The facts which bring the child within the jurisdiction 
 of the court; 

    (b) The name, date of birth, residence, and post office 
 address of the child; 

    (c) The names, residences, and post office addresses of the 
 child's parents; 

    (d) The name, residence, and post office address of the 
 child's guardian if there be one, of the person having custody 
 or control of the child, and of the nearest known relative if no 
 parent or guardian can be found; 

    (e) The spouse of the child, if there be one.  If any of 
 the facts required by the petition are not known or cannot be 
 ascertained by the petitioner, the petition shall so state. 

    Subd. 4.    Delinquency petition; extended jurisdiction 
 juvenile.  When a prosecutor files a delinquency petition 
 alleging that a child committed a felony offense for which there 
 is a presumptive commitment to prison according to the 
 sentencing guidelines and applicable statutes or in which the 
 child used a firearm, after reaching the age of 16 years, the 
 prosecutor shall indicate in the petition whether the prosecutor 
 designates the proceeding an extended jurisdiction juvenile 
 prosecution.  When a prosecutor files a delinquency petition 
 alleging that a child aged 14 to 17 years committed a felony 
 offense, the prosecutor may request that the court designate the 
 proceeding an extended jurisdiction juvenile prosecution. 

    Subd. 5.    Concurrent jurisdiction.  When a petition is 
 filed alleging that a child has engaged in prostitution as 
 defined in section 609.321, subdivision 9, the county attorney 
 shall determine whether concurrent jurisdiction is necessary to 
 provide appropriate intervention and, if so, proceed to file a 
 petition alleging the child to be both delinquent and in need of 
 protection or services. 

    HIST: 1959 c 685 s 17; 1961 c 576 s 9,10; 1963 c 516 s 3; 1978 
 c 602 s 5; 1981 c 290 s 7; 1984 c 654 art 5 s 58; 1986 c 444; 
 1988 c 673 s 12; 1994 c 576 s 15; 1995 c 226 art 3 s 20,21; 1997 
 c 239 art 6 s 16,17; 1998 c 367 art 10 s 6; 1998 c 398 art 5 s 
 29 

     260.132 Procedure; habitual truants, runaways, juvenile 
  petty and misdemeanor offenders. 

    Subdivision 1.    Notice.  When a peace officer, or 
 attendance officer in the case of a habitual truant, has 
 probable cause to believe that a child: 

    (1) is in need of protection or services under section 
 260.015, subdivision 2a, clause (11) or (12); 

    (2) is a juvenile petty offender; or 

    (3) has committed a delinquent act that would be a petty 
 misdemeanor or misdemeanor if committed by an adult; 

 the officer may issue a notice to the child to appear in 
 juvenile court in the county in which the child is found or in 
 the county of the child's residence or, in the case of a 
 juvenile petty offense, or a petty misdemeanor or misdemeanor 
 delinquent act, the county in which the offense was committed.  
 If there is a school attendance review board or county attorney 
 mediation program operating in the child's school district, a 
 notice to appear in juvenile court for a habitual truant may not 
 be issued until the applicable procedures under section 260A.06 
 or 260A.07 have been followed.  The officer shall file a copy of 
 the notice to appear with the juvenile court of the appropriate 
 county.  If a child fails to appear in response to the notice, 
 the court may issue a summons notifying the child of the nature 
 of the offense alleged and the time and place set for the 
 hearing.  If the peace officer finds it necessary to take the 
 child into custody, sections 260.165 and 260.171 shall apply. 

    Subd. 2.    Effect of notice.  Filing with the court a 
 notice to appear containing the name and address of the child, 
 specifying the offense alleged and the time and place it was 
 committed, has the effect of a petition giving the juvenile 
 court jurisdiction.  In the case of running away, the place 
 where the offense was committed may be stated in the notice as 
 either the child's custodial parent's or guardian's residence or 
 lawful placement or where the child was found by the officer.  
 In the case of truancy, the place where the offense was 
 committed may be stated as the school or the place where the 
 child was found by the officer.  

    Subd. 3.    Notice to parent.  Whenever a notice to 
 appear or petition is filed alleging that a child is in need of 
 protection or services under section 260.015, subdivision 2a, 
 clause (11) or (12), is a juvenile petty offender, or has 
 committed a delinquent act that would be a petty misdemeanor or 
 misdemeanor if committed by an adult, the court shall summon and 
 notify the person or persons having custody or control of the 
 child of the nature of the offense alleged and the time and 
 place of hearing.  This summons and notice shall be served in 
 the time and manner provided in section 260.135, subdivision 1. 

    Subd. 3a.    No right to counsel at public expense.  
 Except as otherwise provided in section 260.155, subdivision 2, 
 a child alleged to be a juvenile petty offender may be 
 represented by counsel, but does not have a right to appointment 
 of a public defender or other counsel at public expense. 

    Subd. 4.    Truant.  When a peace officer or probation 
 officer has probable cause to believe that a child is currently 
 under age 16 and absent from school without lawful excuse, the 
 officer may transport the child to the child's home and deliver 
 the child to the custody of the child's parent or guardian, 
 transport the child to the child's school of enrollment and 
 deliver the child to the custody of a school superintendent or 
 teacher or transport the child to a truancy service center under 
 section 260A.04, subdivision 3.  

    HIST: 1982 c 544 s 11; 1986 c 444; 1988 c 673 s 13,14; 1994 c 
 576 s 16; 1994 c 636 art 4 s 9; 1995 c 226 art 3 s 22-24; 1996 c 
 408 art 6 s 2; 1998 c 398 art 5 s 30 

     260.133 Procedure; domestic child abuse. 

    Subdivision 1.    Petition.  The local welfare agency 
 may bring an emergency petition on behalf of minor family or 
 household members seeking relief from acts of domestic child 
 abuse.  The petition shall allege the existence of or immediate 
 and present danger of domestic child abuse, and shall be 
 accompanied by an affidavit made under oath stating the specific 
 facts and circumstances from which relief is sought.  

    Subd. 2.    Temporary order.  If it appears from the 
 notarized petition or by sworn affidavit that there are 
 reasonable grounds to believe the child is in immediate and 
 present danger of domestic child abuse, the court may grant an 
 ex parte temporary order for protection, pending a full 
 hearing.  The court may grant relief as it deems proper, 
 including an order:  

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

    (2) excluding the alleged abusing party from the dwelling 
 which the family or household members share or from the 
 residence of the child.  

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

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

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

    Before the temporary order is issued, the local welfare 
 agency shall advise the court and the other parties who are 
 present that appropriate social services will be provided to the 
 family or household members during the effective period of the 
 order.  

    An ex parte temporary order for protection shall be 
 effective for a fixed period not to exceed 14 days.  Within five 
 days of the issuance of the temporary order, the petitioner 
 shall file a petition with the court pursuant to section 
 260.131, alleging that the child is in need of protection or 
 services and the court shall give docket priority to the 
 petition.  

    The court may renew the temporary order for protection one 
 time for a fixed period not to exceed 14 days if a petition 
 alleging that the child is in need of protection or services has 
 been filed with the court and if the court determines, upon 
 informal review of the case file, that the renewal is 
 appropriate. 

    Subd. 3.    Service and execution of order.  Any order 
 issued under this section or section 260.191, subdivision 1b, 
 shall be served personally upon the respondent.  Where 
 necessary, the court shall order the sheriff or constable to 
 assist in service or execution of the order.  

    Subd. 4.    Modification of order.  Upon application, 
 notice to all parties, and hearing, the court may modify the 
 terms of an existing order for protection issued under this 
 section or section 260.191, subdivision 1b.  

    Subd. 5.    Right to apply for relief.  The local 
 welfare agency's right to apply for relief on behalf of a child 
 shall not be affected by the child's leaving the dwelling or 
 household to avoid abuse.  

    Subd. 6.    Real estate.  Nothing in this section or 
 section 260.191, subdivision 1b, shall affect the title to real 
 estate.  

    Subd. 7.    Other remedies available.  Any relief 
 ordered under this section or section 260.191, subdivision 1b, 
 shall be in addition to other available civil or criminal 
 remedies.  

    Subd. 8.    Copy to law enforcement agency.  An order 
 for protection granted pursuant to this section or section 
 260.191, subdivision 1b, shall be forwarded by the court 
 administrator within 24 hours to the local law enforcement 
 agency with jurisdiction over the residence of the child.  

    Each appropriate law enforcement agency shall make 
 available to other law enforcement officers through a system of 
 verification, information as to the existence and status of any 
 order for protection issued pursuant to this section or section 
 260.191, subdivision 1b.  

    HIST: 1984 c 573 s 4; 1985 c 286 s 2; 1Sp1986 c 3 art 1 s 82; 
 1988 c 673 s 15 

     260.135 Summons; notice. 

    Subdivision 1.  After a petition has been filed and unless 
 the parties hereinafter named voluntarily appear, the court 
 shall set a time for a hearing and shall issue a summons 
 requiring the person who has custody or control of the child to 
 appear with the child before the court at a time and place 
 stated.  The summons shall have a copy of the petition attached, 
 and shall advise the parties of the right to counsel and of the 
 consequences of failure to obey the summons.  The court shall 
 give docket priority to any child in need of protection or 
 services, neglected and in foster care, or delinquency petition 
 that contains allegations of child abuse over any other case 
 except those delinquency matters where a child is being held in 
 a secure detention facility.  As used in this subdivision, 
 "child abuse" has the meaning given it in section 630.36, 
 subdivision 2.  

    Subd. 2.  The court shall have notice of the pendency of 
 the case and of the time and place of the hearing served upon a 
 parent, guardian, or spouse of the child, who has not been 
 summoned as provided in subdivision 1.  For an Indian child, 
 notice of all proceedings must comply with the Indian Child 
 Welfare Act of 1978, United States Code, title 25, section 1901, 
 et seq., and section 257.353. 

    Subd. 3.  If a petition alleging a child's need for 
 protection or services, or a petition to terminate parental 
 rights is initiated by a person other than a representative of 
 the department of human services or local social services 
 agency, the court administrator shall notify the local social 
 services agency of the pendency of the case and of the time and 
 place appointed.  

    Subd. 4.  The court may issue a subpoena requiring the 
 appearance of any other person whose presence, in the opinion of 
 the court, is necessary.  

    Subd. 5.  If it appears from the notarized petition or by 
 sworn affidavit that there are reasonable grounds to believe the 
 child is in surroundings or conditions which endanger the 
 child's health, safety or welfare and require that the child's 
 custody be immediately assumed by the court, the court may 
 order, by endorsement upon the summons, that the officer serving 
 the summons shall take the child into immediate custody. 

    HIST: 1959 c 685 s 18; 1963 c 516 s 4; 1980 c 580 s 8-10; 1984 
 c 654 art 5 s 58; 1985 c 286 s 3; 1986 c 444; 1Sp1986 c 3 art 1 
 s 82; 1988 c 673 s 16,17; 1989 c 235 s 9; 1994 c 631 s 31 

  260.14 Repealed, 1959 c 685 s 53 

     260.141 Service of summons, notice. 

    Subdivision 1. Repealed, 1996 c 408 art 6 s 12 

    Subd. 1a.    Notice in lieu of summons; personal service. 
  The service of a summons or a notice in lieu of summons shall 
 be as provided in the rules of juvenile procedure. 

    Subd. 2.  Service of summons, notice, or subpoena required 
 by sections 260.135 to 260.231 shall be made by any suitable 
 person under the direction of the court, and upon request of the 
 court shall be made by a probation officer or any peace 
 officer.  The fees and mileage of witnesses shall be paid by the 
 county if the subpoena is issued by the court on its own motion 
 or at the request of the county attorney.  All other fees shall 
 be paid by the party requesting the subpoena unless otherwise 
 ordered by the court.  

    Subd. 2a.  In any proceeding regarding a child in need of 
 protection or services in a state court, where the court knows 
 or has reason to know that an Indian child is involved, the 
 prosecuting authority seeking the foster care placement of, or 
 termination of parental rights to an Indian child, shall notify 
 the parent or Indian custodian and the Indian child's tribe of 
 the pending proceedings and of their right of intervention.  The 
 notice must be provided by registered mail with return receipt 
 requested unless personal service is accomplished.  If the 
 identity or location of the parent or Indian custodian and the 
 tribe cannot be determined, the notice shall be given to the 
 Secretary of the Interior of the United States in like manner, 
 according to the Indian Child Welfare Act of 1978, United States 
 Code, title 25, section 1912.  No foster care placement 
 proceeding or termination of parental rights proceeding shall be 
 held until at least ten days after receipt of notice by the 
 parent or Indian custodian and the tribe or the Secretary.  
 However, the parent or Indian custodian or the tribe shall, upon 
 request, be granted up to 20 additional days to prepare for the 
 proceeding. 

    Subd. 3.  Proof of the service required by this section 
 shall be made by the person having knowledge thereof.  

    Subd. 4.    Notice to foster parents and preadoptive 
 parents and relatives.  The foster parents, if any, of a child 
 and any preadoptive parent or relative providing care for the 
 child must be provided notice of and an opportunity to be heard 
 in any review or hearing to be held with respect to the child.  
 Any other relative may also request, and must be granted, a 
 notice and the opportunity to be heard under this section.  This 
 subdivision does not require that a foster parent, preadoptive 
 parent, or relative providing care for the child be made a party 
 to a review or hearing solely on the basis of the notice and 
 opportunity to be heard.  

    HIST: 1959 c 685 s 19; 1963 c 516 s 5,6; 1980 c 580 s 11; 1986 
 c 444; 1989 c 235 s 10; 1994 c 598 s 6; 1994 c 631 s 31; 1996 c 
 408 art 6 s 3; 1998 c 406 art 1 s 27,37; 1998 c 407 art 9 s 26 

     260.145 Failure to obey summons or subpoena; contempt, 
  arrest. 

    If any person personally served with summons or subpoena 
 fails, without reasonable cause, to appear or bring the child, 
 or if the court has reason to believe the person is avoiding 
 personal service, or if any custodial parent or guardian fails, 
 without reasonable cause, to accompany the child to a hearing as 
 required under section 260.155, subdivision 4b, the person may 
 be proceeded against for contempt of court or the court may 
 issue a warrant for the person's arrest, or both.  In any case 
 when it appears to the court that the service will be 
 ineffectual, or that the welfare of the child requires that the 
 child be brought forthwith into the custody of the court, the 
 court may issue a warrant for immediate custody of the child. 

    HIST: 1959 c 685 s 20; 1986 c 444; 1994 c 576 s 17; 1996 c 408 
 art 6 s 4 

  260.15 Repealed, 1959 c 685 s 53 

     260.151 Investigation; physical and mental examination. 

    Subdivision 1.  Upon request of the court the local social 
 services agency or probation officer shall investigate the 
 personal and family history and environment of any minor coming 
 within the jurisdiction of the court under section 260.111 and 
 shall report its findings to the court.  The court may order any 
 minor coming within its jurisdiction to be examined by a duly 
 qualified physician, psychiatrist, or psychologist appointed by 
 the court.  

    The court shall have a chemical use assessment conducted 
 when a child is (1) found to be delinquent for violating a 
 provision of chapter 152, or for committing a felony-level 
 violation of a provision of chapter 609 if the probation officer 
 determines that alcohol or drug use was a contributing factor in 
 the commission of the offense, or (2) alleged to be delinquent 
 for violating a provision of chapter 152, if the child is being 
 held in custody under a detention order.  The assessor's 
 qualifications and the assessment criteria shall comply with 
 Minnesota Rules, parts 9530.6600 to 9530.6655.  If funds under 
 chapter 254B are to be used to pay for the recommended 
 treatment, the assessment and placement must comply with all 
 provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 
 9530.7000 to 9530.7030.  The commissioner of human services 
 shall reimburse the court for the cost of the chemical use 
 assessment, up to a maximum of $100. 

    With the consent of the commissioner of corrections and 
 agreement of the county to pay the costs thereof, the court may, 
 by order, place a minor coming within its jurisdiction in an 
 institution maintained by the commissioner for the detention, 
 diagnosis, custody and treatment of persons adjudicated to be 
 delinquent, in order that the condition of the minor be given 
 due consideration in the disposition of the case.  Adoption 
 investigations shall be conducted in accordance with the laws 
 relating to adoptions.  Any funds received under the provisions 
 of this subdivision shall not cancel until the end of the fiscal 
 year immediately following the fiscal year in which the funds 
 were received.  The funds are available for use by the 
 commissioner of corrections during that period and are hereby 
 appropriated annually to the commissioner of corrections as 
 reimbursement of the costs of providing these services to the 
 juvenile courts. 

    Subd. 2.  The court may proceed as described in subdivision 
 1 only after a petition has been filed and, in delinquency 
 cases, after the child has appeared before the court or a court 
 appointed referee and has been informed of the allegations 
 contained in the petition.  However, when the child denies being 
 delinquent before the court or court appointed referee, the 
 investigation or examination shall not be conducted before a 
 hearing has been held as provided in section 260.155.  

    Subd. 3.    Juvenile treatment screening team.  (a) The 
 local social services agency, at its option, may establish a 
 juvenile treatment screening team to conduct screenings and 
 prepare case plans under this subdivision.  The team, which may 
 be the team constituted under section 245.4885 or 256B.092 or 
 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 
 social workers, juvenile justice professionals, and persons with 
 expertise in the treatment of juveniles who are emotionally 
 disabled, chemically dependent, or have a developmental 
 disability.  The team shall involve parents or guardians in the 
 screening process as appropriate.  

    (b) This paragraph applies only in counties that have 
 established a juvenile treatment screening team under paragraph 
 (a).  If the court, prior to, or as part of, a final 
 disposition, proposes to place a child for the primary purpose 
 of treatment for an emotional disturbance, a developmental 
 disability, or chemical dependency in a residential treatment 
 facility out of state or in one which is within the state and 
 licensed by the commissioner of human services under chapter 
 245A, the court shall notify the county welfare agency.  The 
 county's juvenile treatment screening team must either:  (1) 
 screen and evaluate the child and file its recommendations with 
 the court within 14 days of receipt of the notice; or (2) elect 
 not to screen a given case, and notify the court of that 
 decision within three working days.  

    (c) If the screening team has elected to screen and 
 evaluate the child, the child may not be placed for the primary 
 purpose of treatment for an emotional disturbance, a 
 developmental disability, or chemical dependency, in a 
 residential treatment facility out of state nor in a residential 
 treatment facility within the state that is licensed under 
 chapter 245A, unless one of the following conditions applies:  

    (1) a treatment professional certifies that an emergency 
 requires the placement of the child in a facility within the 
 state; 

    (2) the screening team has evaluated the child and 
 recommended that a residential placement is necessary to meet 
 the child's treatment needs and the safety needs of the 
 community, that it is a cost-effective means of meeting the 
 treatment needs, and that it will be of therapeutic value to the 
 child; or 

    (3) the court, having reviewed a screening team 
 recommendation against placement, determines to the contrary 
 that a residential placement is necessary.  The court shall 
 state the reasons for its determination in writing, on the 
 record, and shall respond specifically to the findings and 
 recommendation of the screening team in explaining why the 
 recommendation was rejected.  The attorney representing the 
 child and the prosecuting attorney shall be afforded an 
 opportunity to be heard on the matter. 

    HIST: 1959 c 685 s 21; 1969 c 502 s 2; 1973 c 654 s 15; 1974 c 
 156 s 2; 1975 c 434 s 27; 1986 c 444; 1987 c 384 art 2 s 66; 
 1990 c 568 art 5 s 33; 1990 c 602 art 2 s 8; 1992 c 571 art 7 s 
 2; 1994 c 465 art 1 s 33; 1994 c 501 s 11; 1994 c 631 s 31 

     260.152 Mental health screening of children. 

    Subdivision 1.    Establishment.  The commissioner of 
 human services, in cooperation with the commissioner of 
 corrections, shall establish pilot projects in counties to 
 reduce the recidivism rates of juvenile offenders, by 
 identifying and treating underlying mental health problems that 
 contribute to delinquent behavior and can be addressed through 
 nonresidential services.  At least one of the pilot projects 
 must be in the seven-county metropolitan area and at least one 
 must be in greater Minnesota. 

    Subd. 2.    Program components.  (a) The commissioner of 
 human services shall, in consultation with the Indian affairs 
 council, the council on affairs of Chicano/Latino people, the 
 council on Black Minnesotans, and the council on Asian-Pacific 
 Minnesotans, provide grants to the counties for the pilot 
 projects.  The projects shall build upon the existing service 
 capabilities in the community and must include availability of 
 screening for mental health problems of children who are alleged 
 or found to be delinquent and children who are reported as being 
 or found to be in need of protection or services. 

    (b) The projects must include referral for mental health 
 assessment of all children for whom the screening indicates a 
 need.  This assessment is to be provided by the appropriate 
 mental health professional.  If the child is of a minority race 
 or minority ethnic heritage, the mental health professional must 
 be skilled in and knowledgeable about the child's racial and 
 ethnic heritage, or must consult with a special mental health 
 consultant who has such knowledge so that the assessment is 
 relevant, culturally specific, and sensitive to the child's 
 cultural needs. 

    (c) Upon completion of the assessment, the project must 
 provide or ensure access to nonresidential mental health 
 services identified as needed in the assessment. 

    Subd. 3.    Screening tool.  The commissioner of human 
 services and the commissioner of corrections, in consultation 
 with the Indian affairs council, the council on affairs of 
 Chicano/Latino people, the council on Black Minnesotans, and the 
 council on Asian-Pacific Minnesotans, shall jointly develop a 
 model screening tool to screen children to determine if a mental 
 health assessment is needed.  This tool must contain specific 
 questions to identify potential mental health problems.  In 
 implementing a pilot project, a county must either use this 
 model tool or another screening tool approved by the 
 commissioner of human services which meets the requirements of 
 this section. 

    Subd. 4.    Program requirements.  To receive funds, the 
 county program proposal shall be a joint proposal with all 
 affected local agencies, resulting in part from consultation 
 with the local coordinating council established under section 
 245.4873, subdivision 3, and the local mental health advisory 
 council established under section 245.4875, subdivision 5, and 
 shall contain the following: 

    (1) evidence of interagency collaboration by all publicly 
 funded agencies serving children with emotional disturbances, 
 including evidence of consultation with the agencies listed in 
 this section; 

    (2) a signed agreement by the local court services and 
 local mental health and county social service agencies to work 
 together on the following:  development of a program; 
 development of written interagency agreements and protocols to 
 ensure that the mental health needs of juvenile offenders and 
 children in need of protection or services are identified, 
 addressed, and treated; and development of a procedure for joint 
 evaluation of the program; 

    (3) a description of existing services that will be used in 
 this program; 

    (4) a description of additional services that will be 
 developed with program funds, including estimated costs and 
 numbers of children to be served; and 

    (5) assurances that funds received by a county under this 
 section will not be used to supplant existing mental health 
 funding for which the child is eligible. 

    The commissioner of human services and the commissioner of 
 corrections shall jointly determine the application form, 
 information needed, deadline for application, criteria for 
 awards, and a process for providing technical assistance and 
 training to counties.  The technical assistance shall include 
 information about programs that have been successful in reducing 
 recidivism by juvenile offenders. 

    Subd. 5.    Interagency agreements.  To receive funds, 
 the county must agree to develop written interagency agreements 
 between local court services agencies and local county mental 
 health agencies within six months of receiving the initial 
 program funds.  These agreements shall include a description of 
 each local agency's responsibilities, with a detailed assignment 
 of the tasks necessary to implement the program.  The agreement 
 shall state how they will comply with the confidentiality 
 requirements of the participating local agencies. 

    Subd. 6.    Evaluation.  The commissioner of human 
 services and the commissioner of corrections shall, in 
 consultation with the Indian affairs council, the council on 
 affairs of Chicano/Latino people, the council on Black 
 Minnesotans, and the council on Asian-Pacific Minnesotans, 
 develop systems and procedures for evaluating the pilot 
 projects.  The departments must develop an interagency 
 management information system to track children who receive 
 mental health services.  The system must be designed to meet the 
 information needs of the agencies involved and to provide a 
 basis for evaluating outcome data.  The system must be designed 
 to track the mental health treatment of children released from 
 custody and to improve the planning, delivery, and evaluation of 
 services and increase interagency collaboration.  The evaluation 
 protocol must be designed to measure the impact of the program 
 on juvenile recidivism, school performance, and state and county 
 budgets. 

    Subd. 7. Repealed, 1997 c 7 art 2 s 67 

    HIST: 1992 c 571 art 10 s 19; 1994 c 576 s 18; 1997 c 7 art 3 
 s 10-12 

     260.155 Hearing. 

    Subdivision 1.    General.  (a) Except for hearings 
 arising under section 260.315, hearings on any matter shall be 
 without a jury and may be conducted in an informal manner, 
 except that a child who is prosecuted as an extended 
 jurisdiction juvenile has the right to a jury trial on the issue 
 of guilt.  The rules of evidence promulgated pursuant to section 
 480.0591 and the law of evidence shall apply in adjudicatory 
 proceedings involving a child alleged to be delinquent, an 
 extended jurisdiction juvenile, or a juvenile petty offender, 
 and hearings conducted pursuant to section 260.125 except to the 
 extent that the rules themselves provide that they do not 
 apply.  In all adjudicatory proceedings involving a child 
 alleged to be in need of protection or services, the court shall 
 admit only evidence that would be admissible in a civil trial.  
 To be proved at trial, allegations of a petition alleging a 
 child to be in need of protection or services must be proved by 
 clear and convincing evidence. 

    (b) Except for proceedings involving a child alleged to be 
 in need of protection or services and petitions for the 
 termination of parental rights, hearings may be continued or 
 adjourned from time to time.  In proceedings involving a child 
 alleged to be in need of protection or services and petitions 
 for the termination of parental rights, hearings may not be 
 continued or adjourned for more than one week unless the court 
 makes specific findings that the continuance or adjournment is 
 in the best interests of the child.  If a hearing is held on a 
 petition involving physical or sexual abuse of a child who is 
 alleged to be in need of protection or services or neglected and 
 in foster care, the court shall file the decision with the court 
 administrator as soon as possible but no later than 15 days 
 after the matter is submitted to the court.  When a continuance 
 or adjournment is ordered in any proceeding, the court may make 
 any interim orders as it deems in the best interests of the 
 minor in accordance with the provisions of sections 260.011 to 
 260.301. 

    (c) Except as otherwise provided in this paragraph, the 
 court shall exclude the general public from hearings under this 
 chapter and shall admit only those persons who, in the 
 discretion of the court, have a direct interest in the case or 
 in the work of the court.  The court shall permit the victim of 
 a child's delinquent act to attend any related delinquency 
 proceeding, except that the court may exclude the victim: 

    (1) as a witness under the Rules of Criminal Procedure; and 

    (2) from portions of a certification hearing to discuss 
 psychological material or other evidence that would not be 
 accessible to the public. 

 The court shall open the hearings to the public in delinquency 
 or extended jurisdiction juvenile proceedings where the child is 
 alleged to have committed an offense or has been proven to have 
 committed an offense that would be a felony if committed by an 
 adult and the child was at least 16 years of age at the time of 
 the offense, except that the court may exclude the public from 
 portions of a certification hearing to discuss psychological 
 material or other evidence that would not be accessible to the 
 public in an adult proceeding. 

    (d) In all delinquency cases a person named in the charging 
 clause of the petition as a person directly damaged in person or 
 property shall be entitled, upon request, to be notified by the 
 court administrator in writing, at the named person's last known 
 address, of (1) the date of the certification or adjudicatory 
 hearings, and (2) the disposition of the case. 

    (e) Adoption hearings shall be conducted in accordance with 
 the provisions of laws relating to adoptions. 

    Subd. 1a.    Right to participate in proceedings.  A 
 child who is the subject of a petition, and the parents, 
 guardian, or legal custodian of the child have the right to 
 participate in all proceedings on a petition.  Official tribal 
 representatives have the right to participate in any proceeding 
 that is subject to the Indian Child Welfare Act of 1978, United 
 States Code, title 25, sections 1901 to 1963. 

    Any grandparent of the child has a right to participate in 
 the proceedings to the same extent as a parent, if the child has 
 lived with the grandparent within the two years preceding the 
 filing of the petition.  At the first hearing following the 
 filing of a petition, the court shall ask whether the child has 
 lived with a grandparent within the last two years, except that 
 the court need not make this inquiry if the petition states that 
 the child did not live with a grandparent during this time 
 period.  Failure to notify a grandparent of the proceedings is 
 not a jurisdictional defect. 

    If, in a proceeding involving a child in need of protection 
 or services, the local social service agency recommends transfer 
 of permanent legal and physical custody to a relative, the 
 relative has a right to participate as a party, and thereafter 
 shall receive notice of any hearing in the proceedings.  

    Subd. 1b.    Right of alleged victim to presence of 
 supportive person.  Notwithstanding any provision of 
 subdivision 1 to the contrary, in any delinquency proceedings in 
 which the alleged victim of the delinquent act is testifying in 
 court, the victim may choose to have a supportive person who is 
 not scheduled to be a witness in the proceedings, present during 
 the testimony of the victim. 

    Subd. 2.    Appointment of counsel.  (a) The child, 
 parent, guardian or custodian has the right to effective 
 assistance of counsel in connection with a proceeding in 
 juvenile court.  This right does not apply to a child who is 
 charged with a juvenile petty offense as defined in section 
 260.015, subdivision 21, unless the child is charged with a 
 third or subsequent juvenile alcohol or controlled substance 
 offense and may be subject to the alternative disposition 
 described in section 260.195, subdivision 4.  

    (b) The court shall appoint counsel, or stand-by counsel if 
 the child waives the right to counsel, for a child who is: 

    (1) charged by delinquency petition with a gross 
 misdemeanor or felony offense; or 

    (2) the subject of a delinquency proceeding in which 
 out-of-home placement has been proposed. 

    (c) If they desire counsel but are unable to employ it, the 
 court shall appoint counsel to represent the child or the 
 parents or guardian in any case in which it feels that such an 
 appointment is appropriate, except a juvenile petty offender who 
 does not have the right to counsel under paragraph (a).  

    (d) Counsel for the child shall not also act as the child's 
 guardian ad litem.  

    (e) In any proceeding where the subject of a petition for a 
 child in need of protection or services is not represented by an 
 attorney, the court shall determine the child's preferences 
 regarding the proceedings, if the child is of suitable age to 
 express a preference. 

    Subd. 3.    County attorney.  Except in adoption 
 proceedings, the county attorney shall present the evidence upon 
 request of the court.  In representing the agency, the county 
 attorney shall also have the responsibility for advancing the 
 public interest in the welfare of the child. 

    Subd. 4.    Guardian ad litem.  (a) The court shall 
 appoint a guardian ad litem to protect the interests of the 
 minor when it appears, at any stage of the proceedings, that the 
 minor is without a parent or guardian, or that the minor's 
 parent is a minor or incompetent, or that the parent or guardian 
 is indifferent or hostile to the minor's interests, and in every 
 proceeding alleging a child's need for protection or services 
 under section 260.015, subdivision 2a.  In any other case the 
 court may appoint a guardian ad litem to protect the interests 
 of the minor when the court feels that such an appointment is 
 desirable.  The court shall appoint the guardian ad litem on its 
 own motion or in the manner provided for the appointment of a 
 guardian ad litem in the district court.  The court may appoint 
 separate counsel for the guardian ad litem if necessary.  

    (b) A guardian ad litem shall carry out the following 
 responsibilities: 

    (1) conduct an independent investigation to determine the 
 facts relevant to the situation of the child and the family, 
 which must include, unless specifically excluded by the court, 
 reviewing relevant documents; meeting with and observing the 
 child in the home setting and considering the child's wishes, as 
 appropriate; and interviewing parents, caregivers, and others 
 with knowledge relevant to the case; 

    (2) advocate for the child's best interests by 
 participating in appropriate aspects of the case and advocating 
 for appropriate community services when necessary; 

    (3) maintain the confidentiality of information related to 
 a case, with the exception of sharing information as permitted 
 by law to promote cooperative solutions that are in the best 
 interests of the child; 

    (4) monitor the child's best interests throughout the 
 judicial proceeding; and 

    (5) present written reports on the child's best interests 
 that include conclusions and recommendations and the facts upon 
 which they are based. 

    (c) The court may waive the appointment of a guardian ad 
 litem pursuant to clause (a), whenever counsel has been 
 appointed pursuant to subdivision 2 or is retained otherwise, 
 and the court is satisfied that the interests of the minor are 
 protected. 

    (d) In appointing a guardian ad litem pursuant to clause 
 (a), the court shall not appoint the party, or any agent or 
 employee thereof, filing a petition pursuant to section 260.131. 

    (e) The following factors shall be considered when 
 appointing a guardian ad litem in a case involving an Indian or 
 minority child: 

    (1) whether a person is available who is the same racial or 
 ethnic heritage as the child or, if that is not possible; 

    (2) whether a person is available who knows and appreciates 
 the child's racial or ethnic heritage. 

    Subd. 4a.    Examination of child.  In any child in need 
 of protection or services proceeding, neglected and in foster 
 care, or termination of parental rights proceeding the court 
 may, on its own motion or the motion of any party, take the 
 testimony of a child witness informally when it is in the 
 child's best interests to do so.  Informal procedures that may 
 be used by the court include taking the testimony of a child 
 witness outside the courtroom.  The court may also require 
 counsel for any party to the proceeding to submit questions to 
 the court before the child's testimony is taken, and to submit 
 additional questions to the court for the witness after 
 questioning has been completed.  The court may excuse the 
 presence of the child's parent, guardian, or custodian from the 
 room where the child is questioned in accordance with 
 subdivision 5. 

    Subd. 4b.    Parent or guardian must accompany child at 
 hearing.  The custodial parent or guardian of a child who is 
 alleged or found to be delinquent, or is prosecuted as an 
 extended jurisdiction juvenile, must accompany the child at each 
 hearing held during the delinquency or extended jurisdiction 
 juvenile proceedings, unless the court excuses the parent or 
 guardian from attendance for good cause shown.  The failure of a 
 parent or guardian to comply with this duty may be punished as 
 provided in section 260.145. 

    Subd. 5.    Waiving the presence of child, parent.  
 Except in delinquency proceedings, the court may waive the 
 presence of the minor in court at any stage of the proceedings 
 when it is in the best interests of the minor to do so.  In a 
 delinquency proceeding, after the child is found to be 
 delinquent, the court may excuse the presence of the child from 
 the hearing when it is in the best interests of the child to do 
 so.  In any proceeding the court may temporarily excuse the 
 presence of the parent or guardian of a minor from the hearing 
 when it is in the best interests of the minor to do so.  The 
 attorney or guardian ad litem, if any, has the right to continue 
 to participate in proceedings during the absence of the minor, 
 parent, or guardian. 

    Subd. 6.    Rights of the parties at the hearing.  The 
 minor and the minor's parent, guardian, or custodian are 
 entitled to be heard, to present evidence material to the case, 
 and to cross examine witnesses appearing at the hearing. 

    Subd. 7.    Factors in determining neglect.  In 
 determining whether a child is neglected and in foster care, the 
 court shall consider, among other factors, the following: 

    (1) the length of time the child has been in foster care; 

    (2) the effort the parent has made to adjust circumstances, 
 conduct, or condition that necessitates the removal of the child 
 to make it in the child's best interest to be returned to the 
 parent's home in the foreseeable future, including the use of 
 rehabilitative services offered to the parent; 

    (3) whether the parent has visited the child within the 
 three months preceding the filing of the petition, unless 
 extreme financial or physical hardship or treatment for mental 
 disability or chemical dependency or other good cause prevented 
 the parent from visiting the child or it was not in the best 
 interests of the child to be visited by the parent; 

    (4) the maintenance of regular contact or communication 
 with the agency or person temporarily responsible for the child; 

    (5) the appropriateness and adequacy of services provided 
 or offered to the parent to facilitate a reunion; 

    (6) whether additional services would be likely to bring 
 about lasting parental adjustment enabling a return of the child 
 to the parent within an ascertainable period of time, whether 
 the services have been offered to the parent, or, if services 
 were not offered, the reasons they were not offered; and 

    (7) the nature of the efforts made by the responsible 
 social service agency to rehabilitate and reunite the family, 
 and whether the efforts were reasonable. 

    Subd. 8.    Waiver.  (a) Waiver of any right which a 
 child has under this chapter must be an express waiver 
 voluntarily and intelligently made by the child after the child 
 has been fully and effectively informed of the right being 
 waived.  If a child is not represented by counsel, any waiver 
 must be given or any objection must be offered by the child's 
 guardian ad litem. 

    (b) Waiver of a child's right to be represented by counsel 
 provided under the juvenile court rules must be an express 
 waiver voluntarily and intelligently made by the child after the 
 child has been fully and effectively informed of the right being 
 waived.  In determining whether a child has voluntarily and 
 intelligently waived the right to counsel, the court shall look 
 to the totality of the circumstances which includes but is not 
 limited to the child's age, maturity, intelligence, education, 
 experience, and ability to comprehend, and the presence and 
 competence of the child's parents, guardian, or guardian ad 
 litem.  If the court accepts the child's waiver, it shall state 
 on the record the findings and conclusions that form the basis 
 for its decision to accept the waiver. 

    Subd. 9.    Presumptions regarding truancy or educational 
 neglect.  A child's absence from school is presumed to be due 
 to the parent's, guardian's, or custodian's failure to comply 
 with compulsory instruction laws if the child is under 12 years 
 old and the school has made appropriate efforts to resolve the 
 child's attendance problems; this presumption may be rebutted 
 based on a showing by clear and convincing evidence that the 
 child is habitually truant.  A child's absence from school 
 without lawful excuse, when the child is 12 years old or older, 
 is presumed to be due to the child's intent to be absent from 
 school; this presumption may be rebutted based on a showing by 
 clear and convincing evidence that the child's absence is due to 
 the failure of the child's parent, guardian, or custodian to 
 comply with compulsory instruction laws, sections 120A.22 and 
 120A.24. 

    HIST: 1959 c 685 s 22; 1975 c 210 s 1; 1978 c 602 s 6; 1980 c 
 580 s 12-15; 1982 c 544 s 12; 1985 c 286 s 4; 1986 c 361 s 1; 
 1986 c 444; 1986 c 446 s 1,2; 1Sp1986 c 3 art 1 s 82; 1987 c 331 
 s 1,2; 1988 c 514 s 6,7; 1988 c 673 s 18-20; 1989 c 235 s 11,12; 
 1990 c 542 s 12; 1992 c 571 art 5 s 2; art 7 s 3; 1993 c 296 s 
 1,2; 1994 c 576 s 19-21; 1995 c 226 art 3 s 25; art 6 s 6; 1996 
 c 408 art 6 s 5; 1997 c 239 art 6 s 18-22; 1998 c 367 art 10 s 
 7; 1998 c 397 art 11 s 3

     260.156 Certain out-of-court statements admissible. 

    An out-of-court statement not otherwise admissible by 
 statute or rule of evidence, is admissible in evidence in any 
 child in need of protection or services, neglected and in foster 
 care, or domestic child abuse proceeding or any proceeding for 
 termination of parental rights if:  

    (a) the statement was made by a child under the age of ten 
 years or by a child ten years of age or older who is mentally 
 impaired, as defined in section 609.341, subdivision 6; 

    (b) the statement alleges, explains, denies, or describes: 

    (1) any act of sexual penetration or contact performed with 
 or on the child; 

    (2) any act of sexual penetration or contact with or on 
 another child observed by the child making the statement; 

    (3) any act of physical abuse or neglect of the child by 
 another; or 

    (4) any act of physical abuse or neglect of another child 
 observed by the child making the statement; 

    (c) the court finds that the time, content, and 
 circumstances of the statement and the reliability of the person 
 to whom the statement is made provide sufficient indicia of 
 reliability; and 

    (d) the proponent of the statement notifies other parties 
 of an intent to offer the statement and the particulars of the 
 statement sufficiently in advance of the proceeding at which the 
 proponent intends to offer the statement into evidence, to 
 provide the parties with a fair opportunity to meet the 
 statement.  

    For purposes of this section, an out-of-court statement 
 includes a video, audio, or other recorded statement. 

    HIST: 1984 c 588 s 2; 1985 c 24 s 1; 1985 c 286 s 5; 1986 c 
 361 s 2; 1986 c 444; 1987 c 331 s 3; 1988 c 673 s 21; 1989 c 113 
 s 2 

     260.157 Compliance with Indian Child Welfare Act. 

    The provisions of this chapter must be construed 
 consistently with the Indian Child Welfare Act of 1978, United 
 States Code, title 25, sections 1901 to 1963. 

    HIST: 1993 c 291 s 15 

  260.16 Repealed, 1959 c 685 s 53 

     260.161 Records. 

    Subdivision 1.    Records required to be kept.  (a) The 
 juvenile court judge shall keep such minutes and in such manner 
 as the court deems necessary and proper.  Except as provided in 
 paragraph (b), the court shall keep and maintain records 
 pertaining to delinquent adjudications until the person reaches 
 the age of 28 years and shall release the records on an 
 individual to another juvenile court that has jurisdiction of 
 the juvenile, to a requesting adult court for purposes of 
 sentencing, or to an adult court or juvenile court as required 
 by the right of confrontation of either the United States 
 Constitution or the Minnesota Constitution.  The juvenile court 
 shall provide, upon the request of any other juvenile court, 
 copies of the records concerning adjudications involving the 
 particular child.  The court also may provide copies of records 
 concerning delinquency adjudications, on request, to law 
 enforcement agencies, probation officers, and corrections agents 
 if the court finds that providing these records serves public 
 safety or is in the best interests of the child.  Until July 1, 
 1999, juvenile court delinquency proceeding records of 
 adjudications, court transcripts, and delinquency petitions, 
 including any probable cause attachments that have been filed or 
 police officer reports relating to a petition, must be released 
 to requesting law enforcement agencies and prosecuting 
 authorities for purposes of investigating and prosecuting 
 violations of section 609.229, provided that psychological or 
 mental health reports may not be included with those records.  
 The agency receiving the records may release the records only as 
 permitted under this section or authorized by law. 

    The court shall also keep an index in which files 
 pertaining to juvenile matters shall be indexed under the name 
 of the child.  After the name of each file shall be shown the 
 file number and, if ordered by the court, the book and page of 
 the register in which the documents pertaining to such file are 
 listed.  The court shall also keep a register properly indexed 
 in which shall be listed under the name of the child all 
 documents filed pertaining to the child and in the order filed.  
 The list shall show the name of the document and the date of 
 filing thereof.  The juvenile court legal records shall be 
 deposited in files and shall include the petition, summons, 
 notice, findings, orders, decrees, judgments, and motions and 
 such other matters as the court deems necessary and proper.  
 Unless otherwise provided by law, all court records shall be 
 open at all reasonable times to the inspection of any child to 
 whom the records relate, and to the child's parent and guardian. 

    (b) The court shall retain records of the court finding 
 that a juvenile committed an act that would be a felony or gross 
 misdemeanor level offense until the offender reaches the age of 
 28.  If the offender commits a felony as an adult, or the court 
 convicts a child as an extended jurisdiction juvenile, the court 
 shall retain the juvenile records for as long as the records 
 would have been retained if the offender had been an adult at 
 the time of the juvenile offense.  This paragraph does not apply 
 unless the juvenile was provided counsel as required by section 
 260.155, subdivision 2. 

    Subd. 1a.    Record of findings.  (a) The juvenile court 
 shall forward to the bureau of criminal apprehension the 
 following data in juvenile petitions involving felony- or gross 
 misdemeanor-level offenses: 

    (1) the name and birthdate of the juvenile, including any 
 of the juvenile's known aliases or street names; 

    (2) the act for which the juvenile was petitioned and date 
 of the offense; and 

    (3) the date and county where the petition was filed. 

    (b) Upon completion of the court proceedings, the court 
 shall forward the court's finding and case disposition to the 
 bureau.  The court shall specify whether: 

    (1) the juvenile was referred to a diversion program; 

    (2) the petition was dismissed, continued for dismissal, or 
 continued without adjudication; or 

    (3) the juvenile was adjudicated delinquent. 

    (c) The juvenile court shall forward to the bureau, the 
 sentencing guidelines commission, and the department of 
 corrections the following data on individuals convicted as 
 extended jurisdiction juveniles: 

    (1) the name and birthdate of the offender, including any 
 of the juvenile's known aliases or street names; 

    (2) the crime committed by the offender and the date of the 
 crime; 

    (3) the date and county of the conviction; and 

    (4) the case disposition. 

    The court shall notify the bureau, the sentencing 
 guidelines commission, and the department of corrections 
 whenever it executes an extended jurisdiction juvenile's adult 
 sentence under section 260.126, subdivision 5. 

    (d) The bureau, sentencing guidelines commission, and the 
 department of corrections shall retain the extended jurisdiction 
 juvenile data for as long as the data would have been retained 
 if the offender had been an adult at the time of the offense.  
 Data retained on individuals under this subdivision are private 
 data under section 13.02, except that extended jurisdiction 
 juvenile data becomes public data under section 13.87, 
 subdivision 2, when the juvenile court notifies the bureau that 
 the individual's adult sentence has been executed under section 
 260.126, subdivision 5. 

    Subd. 1b.    Disposition order; copy to school.  (a) If 
 a juvenile is enrolled in school, the juvenile's probation 
 officer shall transmit a copy of the court's disposition order 
 to the principal or chief administrative officer of the 
 juvenile's school if the juvenile has been adjudicated 
 delinquent for committing an act on the school's property or an 
 act: 

    (1) that would be a violation of section 609.185 
 (first-degree murder); 609.19 (second-degree murder); 609.195 
 (third-degree murder); 609.20 (first-degree manslaughter); 
 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
 homicide and injury); 609.221 (first-degree assault); 609.222 
 (second-degree assault); 609.223 (third-degree assault); 
 609.2231 (fourth-degree assault); 609.224 (fifth-degree 
 assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 (false imprisonment); 609.342 (first-degree criminal sexual 
 conduct); 609.343 (second-degree criminal sexual conduct); 
 609.344 (third-degree criminal sexual conduct); 609.345 
 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
 criminal sexual conduct); 609.498 (tampering with a witness); 
 609.561 (first-degree arson); 609.582, subdivision 1 or 2 
 (burglary); 609.713 (terroristic threats); or 609.749 
 (harassment and stalking), if committed by an adult; 

    (2) that would be a violation of section 152.021 
 (first-degree controlled substance crime); 152.022 
 (second-degree controlled substance crime); 152.023 
 (third-degree controlled substance crime); 152.024 
 (fourth-degree controlled substance crime); 152.025 
 (fifth-degree controlled substance crime); 152.0261 (importing a 
 controlled substance); or 152.027 (other controlled substance 
 offenses), if committed by an adult; or 

    (3) that involved the possession or use of a dangerous 
 weapon as defined in section 609.02, subdivision 6. 

    When a disposition order is transmitted under this 
 paragraph, the probation officer shall notify the juvenile's 
 parent or legal guardian that the disposition order has been 
 shared with the juvenile's school. 

    (b) The disposition order must be accompanied by a notice 
 to the school that the school may obtain additional information 
 from the juvenile's probation officer with the consent of the 
 juvenile or the juvenile's parents, as applicable.  The 
 disposition order must be maintained in the student's permanent 
 education record but may not be released outside of the school 
 district or educational entity, other than to another school 
 district or educational entity to which the juvenile is 
 transferring.  Notwithstanding section 138.17, the disposition 
 order must be destroyed when the juvenile graduates from the 
 school or at the end of the academic year when the juvenile 
 reaches age 23, whichever date is earlier. 

    (c) The juvenile's probation officer shall maintain a 
 record of disposition orders released under this subdivision and 
 the basis for the release. 

    (d) The criminal and juvenile justice information policy 
 group, in consultation with representatives of probation 
 officers and educators, shall prepare standard forms for use by 
 juvenile probation officers in forwarding information to schools 
 under this subdivision and in maintaining a record of the 
 information that is released.  

    (e) As used in this subdivision, "school" means a public or 
 private elementary, middle, or secondary school. 

    Subd. 2.    Public inspection of records.  (a) Legal 
 records arising from proceedings or portions of proceedings that 
 are public under section 260.155, subdivision 1, are open to 
 public inspection. 

    (b) The following records from proceedings or portions of 
 proceedings involving a child in need of protection or services 
 that are open to the public as authorized by supreme court order 
 and court rules are accessible to the public unless the court 
 determines that access should be restricted because of the 
 intensely personal nature of the information: 

    (1) the summons and petition; 

    (2) affidavits of publication and service; 

    (3) certificates of representation; 

    (4) court orders; 

    (5) hearing and trial notices, witness lists, and 
 subpoenas; 

    (6) motions and legal memoranda; 

    (7) exhibits introduced at hearings or trial that are not 
 inaccessible under paragraph (c); 

    (8) birth certificates; and 

    (9) all other documents not listed as inaccessible to the 
 public under paragraph (c). 

    (c) The following records are not accessible to the public 
 under paragraph (b): 

    (1) written, audiotaped, or videotaped information from the 
 social service agency, except to the extent the information 
 appears in the petition, court orders, or other documents that 
 are accessible under paragraph (b); 

    (2) child protection intake or screening notes; 

    (3) documents identifying reporters of maltreatment, unless 
 the names and other identifying information are redacted; 

    (4) guardian ad litem reports; 

    (5) victim statements and addresses and telephone numbers; 

    (6) documents identifying nonparty witnesses under the age 
 of 18, unless the names and other identifying information are 
 redacted; 

    (7) transcripts of testimony taken during closed hearing; 

    (8) fingerprinting materials; 

    (9) psychological, psychiatric, and chemical dependency 
 evaluations; 

    (10) presentence evaluations of juveniles and probation 
 reports; 

    (11) medical records and test results; 

    (12) reports issued by sexual predator programs; 

    (13) diversion records of juveniles; 

    (14) any document which the court, upon its own motion or 
 upon motion of a party, orders inaccessible to serve the best 
 interests of the child; and 

    (15) any other records that are not accessible to the 
 public under rules developed by the courts. 

    In addition, records that are accessible to the public 
 under paragraph (b) become inaccessible to the public if one 
 year has elapsed since either the proceeding was dismissed or 
 the court's jurisdiction over the matter was terminated. 

    (d) Except as otherwise provided by this section, none of 
 the records of the juvenile court and none of the records 
 relating to an appeal from a nonpublic juvenile court 
 proceeding, except the written appellate opinion, shall be open 
 to public inspection or their contents disclosed except: 

    (1) by order of a court; or 

    (2) as required by sections 245A.04, 611A.03, 611A.04, 
 611A.06, and 629.73. 

    (e) The victim of any alleged delinquent act may, upon the 
 victim's request, obtain the following information, unless it 
 reasonably appears that the request is prompted by a desire on 
 the part of the requester to engage in unlawful activities: 

    (1) the name and age of the juvenile; 

    (2) the act for which the juvenile was petitioned and date 
 of the offense; and 

    (3) the disposition, including but not limited to, 
 dismissal of the petition, diversion, probation and conditions 
 of probation, detention, fines, or restitution. 

    (f) The records of juvenile probation officers and county 
 home schools are records of the court for the purposes of this 
 subdivision.  Court services data relating to delinquent acts 
 that are contained in records of the juvenile court may be 
 released as allowed under section 13.84, subdivision 5a.  This 
 subdivision applies to all proceedings under this chapter, 
 including appeals from orders of the juvenile court, except that 
 this subdivision does not apply to proceedings under section 
 260.255 or 260.315 when the proceeding involves an adult 
 defendant.  The court shall maintain the confidentiality of 
 adoption files and records in accordance with the provisions of 
 laws relating to adoptions.  In juvenile court proceedings any 
 report or social history furnished to the court shall be open to 
 inspection by the attorneys of record and the guardian ad litem 
 a reasonable time before it is used in connection with any 
 proceeding before the court. 

    (g) When a judge of a juvenile court, or duly authorized 
 agent of the court, determines under a proceeding under this 
 chapter that a child has violated a state or local law, 
 ordinance, or regulation pertaining to the operation of a motor 
 vehicle on streets and highways, except parking violations, the 
 judge or agent shall immediately report the violation to the 
 commissioner of public safety.  The report must be made on a 
 form provided by the department of public safety and must 
 contain the information required under section 169.95. 

    (h) A county attorney may give a law enforcement agency 
 that referred a delinquency matter to the county attorney a 
 summary of the results of that referral, including the details 
 of any juvenile court disposition. 

    Subd. 3.    Peace officer records of children.  (a) 
 Except for records relating to an offense where proceedings are 
 public under section 260.155, subdivision 1, peace officers' 
 records of children who are or may be delinquent or who may be 
 engaged in criminal acts shall be kept separate from records of 
 persons 18 years of age or older and are private data but shall 
 be disseminated:  (1) by order of the juvenile court, (2) as 
 required by section 121A.28, (3) as authorized under section 
 13.82, subdivision 2, (4) to the child or the child's parent or 
 guardian unless disclosure of a record would interfere with an 
 ongoing investigation, (5) to the Minnesota crime victims 
 reparations board as required by section 611A.56, subdivision 2, 
 clause (f), for the purpose of processing claims for crime 
 victims reparations, or (6) as otherwise provided in this 
 subdivision.  Except as provided in paragraph (c), no 
 photographs of a child taken into custody may be taken without 
 the consent of the juvenile court unless the child is alleged to 
 have violated section 169.121 or 169.129.  Peace officers' 
 records containing data about children who are victims of crimes 
 or witnesses to crimes must be administered consistent with 
 section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 violating any of the provisions of this subdivision shall be 
 guilty of a misdemeanor. 

    In the case of computerized records maintained about 
 juveniles by peace officers, the requirement of this subdivision 
 that records about juveniles must be kept separate from adult 
 records does not mean that a law enforcement agency must keep 
 its records concerning juveniles on a separate computer system.  
 Law enforcement agencies may keep juvenile records on the same 
 computer as adult records and may use a common index to access 
 both juvenile and adult records so long as the agency has in 
 place procedures that keep juvenile records in a separate place 
 in computer storage and that comply with the special data 
 retention and other requirements associated with protecting data 
 on juveniles. 

    (b) Nothing in this subdivision prohibits the exchange of 
 information by law enforcement agencies if the exchanged 
 information is pertinent and necessary for law enforcement 
 purposes. 

    (c) A photograph may be taken of a child taken into custody 
 pursuant to section 260.165, subdivision 1, clause (b), provided 
 that the photograph must be destroyed when the child reaches the 
 age of 19 years.  The commissioner of corrections may photograph 
 juveniles whose legal custody is transferred to the 
 commissioner.  Photographs of juveniles authorized by this 
 paragraph may be used only for institution management purposes, 
 case supervision by parole agents, and to assist law enforcement 
 agencies to apprehend juvenile offenders.  The commissioner 
 shall maintain photographs of juveniles in the same manner as 
 juvenile court records and names under this section. 

    (d) Traffic investigation reports are open to inspection by 
 a person who has sustained physical harm or economic loss as a 
 result of the traffic accident.  Identifying information on 
 juveniles who are parties to traffic accidents may be disclosed 
 as authorized under section 13.82, subdivision 4, and accident 
 reports required under section 169.09 may be released under 
 section 169.09, subdivision 13, unless the information would 
 identify a juvenile who was taken into custody or who is 
 suspected of committing an offense that would be a crime if 
 committed by an adult, or would associate a juvenile with the 
 offense, and the offense is not an adult court traffic offense 
 under section 260.193. 

    (e) A law enforcement agency shall notify the principal or 
 chief administrative officer of a juvenile's school of an 
 incident occurring within the agency's jurisdiction if: 

    (1) the agency has probable cause to believe that the 
 juvenile has committed an offense that would be a crime if 
 committed as an adult, that the victim of the offense is a 
 student or staff member of the school, and that notice to the 
 school is reasonably necessary for the protection of the victim; 
 or 

    (2) the agency has probable cause to believe that the 
 juvenile has committed an offense described in subdivision 1b, 
 paragraph (a), clauses (1) to (3), that would be a crime if 
 committed by an adult, regardless of whether the victim is a 
 student or staff member of the school. 

    A law enforcement agency is not required to notify the 
 school under this paragraph if the agency determines that notice 
 would jeopardize an ongoing investigation.  Notwithstanding 
 section 138.17, data from a notice received from a law 
 enforcement agency under this paragraph must be destroyed when 
 the juvenile graduates from the school or at the end of the 
 academic year when the juvenile reaches age 23, whichever date 
 is earlier.  For purposes of this paragraph, "school" means a 
 public or private elementary, middle, or secondary school. 

    (f) In any county in which the county attorney operates or 
 authorizes the operation of a juvenile prepetition or pretrial 
 diversion program, a law enforcement agency or county attorney's 
 office may provide the juvenile diversion program with data 
 concerning a juvenile who is a participant in or is being 
 considered for participation in the program. 

    (g) Upon request of a local social service agency, peace 
 officer records of children who are or may be delinquent or who 
 may be engaged in criminal acts may be disseminated to the 
 agency to promote the best interests of the subject of the data. 

    (h) Upon written request, the prosecuting authority shall 
 release investigative data collected by a law enforcement agency 
 to the victim of a criminal act or alleged criminal act or to 
 the victim's legal representative, except as otherwise provided 
 by this paragraph.  Data shall not be released if: 

    (1) the release to the individual subject of the data would 
 be prohibited under section 13.391; or 

    (2) the prosecuting authority reasonably believes: 

    (i) that the release of that data will interfere with the 
 investigation; or 

    (ii) that the request is prompted by a desire on the part 
 of the requester to engage in unlawful activities. 

    Subd. 3a.    Attorney access to records.  An attorney 
 representing a child, parent, or guardian ad litem in a 
 proceeding under this chapter shall be given access to records, 
 local social service agency files, and reports which form the 
 basis of any recommendation made to the court.  An attorney does 
 not have access under this subdivision to the identity of a 
 person who made a report under section 626.556.  The court may 
 issue protective orders to prohibit an attorney from sharing a 
 specified record or portion of a record with a client other than 
 a guardian ad litem. 

    Subd. 3b.    County attorney referral of child in need of 
 protection or services.  In a county in which the county 
 attorney refers children who are in need of protection or 
 services to community programs, the county attorney may provide 
 a community program with data on a child who is a participant or 
 being considered for participation in the program. 

    Subd. 4.    Court record released to prosecutor.  If a 
 prosecutor has probable cause to believe that a person has 
 committed a gross misdemeanor violation of section 169.121 or 
 has violated section 169.129, and that a prior juvenile court 
 adjudication forms, in part, the basis for the current 
 violation, the prosecutor may file an application with the court 
 having jurisdiction over the criminal matter attesting to this 
 probable cause determination and seeking the relevant juvenile 
 court records.  The court shall transfer the application to the 
 juvenile court where the requested records are maintained, and 
 the juvenile court shall release to the prosecutor any records 
 relating to the person's prior juvenile traffic adjudication, 
 including a transcript, if any, of the court's advisory of the 
 right to counsel and the person's exercise or waiver of that 
 right. 

    Subd. 5.    Further release of records.  A person who 
 receives access to juvenile court or peace officer records of 
 children that are not accessible to the public may not release 
 or disclose the records to any other person except as authorized 
 by law.  This subdivision does not apply to the child who is the 
 subject of the records or the child's parent or guardian. 

    HIST: 1959 c 685 s 23; 1961 c 576 s 11; 1963 c 516 s 7; 1967 c 
 75 s 1; 1980 c 580 s 16; 1985 c 161 s 1; 1986 c 444; 1987 c 123 
 s 4; 1987 c 295 s 6; 1987 c 331 s 4; 1988 c 670 s 12; 1988 c 691 
 s 5; 1989 c 224 s 1; 1989 c 278 s 2; 1989 c 351 s 17; 1990 c 542 
 s 13; 1990 c 573 s 22; 1990 c 579 s 2; 1991 c 319 s 17; 1992 c 
 571 art 7 s 4,5; art 13 s 3; 1993 c 351 s 30,31; 1994 c 576 s 
 22-24; 1994 c 618 art 1 s 31-34; 1994 c 636 art 4 s 10-13; 1995 
 c 226 art 3 s 26; 1995 c 259 art 3 s 4; 1996 c 408 art 6 s 6; 
 1996 c 440 art 1 s 45,46; 1997 c 7 art 1 s 103; 1997 c 239 art 6 
 s 23; art 7 s 4,5; art 8 s 3-5; 1Sp1997 c 3 s 26; 1998 c 367 art 
 10 s 8; 1998 c 371 s 10; 1998 c 397 art 11 s 3; 1998 c 406 art 1 
 s 28,37; 1998 c 407 art 9 s 27 

     260.162 Report on juvenile delinquency petitions. 

    The state court administrator shall annually prepare and 
 present to the chairs and ranking minority members of the house 
 judiciary committee and the senate crime prevention committee 
 aggregate data by judicial district on juvenile delinquency 
 petitions.  The report must include, but need not be limited to, 
 information on the act for which a delinquency petition is 
 filed, the age of the juvenile, the county where the petition 
 was filed, the outcome of the petition, such as dismissal, 
 continuance for dismissal, continuance without adjudication, and 
 the disposition of the petition such as diversion, detention, 
 probation, restitution, or fine.  The report must be prepared on 
 a calendar year basis and be submitted annually beginning July 
 1, 1999. 

    HIST: 1998 c 367 art 10 s 14 

     260.165 Taking child into custody. 

    Subdivision 1.  No child may be taken into immediate 
 custody except: 

    (a) With an order issued by the court in accordance with 
 the provisions of section 260.135, subdivision 5, or Laws 1997, 
 chapter 239, article 10, section 10, paragraph (a), clause (3), 
 or 12, paragraph (a), clause (3), or by a warrant issued in 
 accordance with the provisions of section 260.145; or 

    (b) In accordance with the laws relating to arrests; or 

    (c) By a peace officer 

    (1) when a child has run away from a parent, guardian, or 
 custodian, or when the peace officer reasonably believes the 
 child has run away from a parent, guardian, or custodian; or 

    (2) when a child is found in surroundings or conditions 
 which endanger the child's health or welfare or which such peace 
 officer reasonably believes will endanger the child's health or 
 welfare.  If an Indian child is a resident of a reservation or 
 is domiciled on a reservation but temporarily located off the 
 reservation, the taking of the child into custody under this 
 clause shall be consistent with the Indian Child Welfare Act of 
 1978, United States Code, title 25, section 1922; 

    (d) By a peace officer or probation or parole officer when 
 it is reasonably believed that the child has violated the terms 
 of probation, parole, or other field supervision; or 

    (e) By a peace officer or probation officer under section 
 260.132, subdivision 1 or 4. 

    Subd. 2.  The taking of a child into custody under the 
 provisions of this section shall not be considered an arrest.  

    Subd. 2a.    Protective pat-down search of child 
 authorized.  (a) A peace officer who takes a child of any age 
 or gender into custody under the provisions of this section is 
 authorized to perform a protective pat-down search of the child 
 in order to protect the officer's safety.  

    (b) A peace officer also may perform a protective pat-down 
 search of a child in order to protect the officer's safety in 
 circumstances where the officer does not intend to take the 
 child into custody, if this section authorizes the officer to 
 take the child into custody.  

    (c) Evidence discovered in the course of a lawful search 
 under this section is admissible. 

    Subd. 3.    Notice to parent or custodian.  Whenever a 
 peace officer takes a child into custody for shelter care or 
 relative placement pursuant to subdivision 1; section 260.135, 
 subdivision 5; or section 260.145, the officer shall notify the 
 parent or custodian that under section 260.173, subdivision 2, 
 the parent or custodian may request that the child be placed 
 with a relative or a designated caregiver under chapter 257A 
 instead of in a shelter care facility.  The officer also shall 
 give the parent or custodian of the child a list of names, 
 addresses, and telephone numbers of social service agencies that 
 offer child welfare services.  If the parent or custodian was 
 not present when the child was removed from the residence, the 
 list shall be left with an adult on the premises or left in a 
 conspicuous place on the premises if no adult is present.  If 
 the officer has reason to believe the parent or custodian is not 
 able to read and understand English, the officer must provide a 
 list that is written in the language of the parent or 
 custodian.  The list shall be prepared by the commissioner of 
 human services.  The commissioner shall prepare lists for each 
 county and provide each county with copies of the list without 
 charge.  The list shall be reviewed annually by the commissioner 
 and updated if it is no longer accurate.  Neither the 
 commissioner nor any peace officer or the officer's employer 
 shall be liable to any person for mistakes or omissions in the 
 list.  The list does not constitute a promise that any agency 
 listed will in fact assist the parent or custodian. 

    HIST: 1959 c 685 s 24; 1963 c 516 s 8; 1986 c 444; 1989 c 235 
 s 13; 1991 c 292 art 5 s 70; 1994 c 636 art 4 s 14; 1996 c 421 s 
 6; 1997 c 239 art 6 s 24; art 11 s 2; 1998 c 367 art 10 s 9,10 

  260.17 Repealed, 1959 c 685 s 53 

     260.171 Release or detention. 

    Subdivision 1.  If a child is taken into custody as 
 provided in section 260.165, the parent, guardian, or custodian 
 of the child shall be notified as soon as possible.  Unless 
 there is reason to believe that the child would endanger self or 
 others, not return for a court hearing, run away from the 
 child's parent, guardian, or custodian or otherwise not remain 
 in the care or control of the person to whose lawful custody the 
 child is released, or that the child's health or welfare would 
 be immediately endangered, the child shall be released to the 
 custody of a parent, guardian, custodian, or other suitable 
 person.  When a child is taken into custody by a peace officer 
 under section 260.165, subdivision 1, clause (c)(2), release 
 from detention may be authorized by the detaining officer, the 
 detaining officer's supervisor, or the county attorney.  If the 
 social service agency has determined that the child's health or 
 welfare will not be endangered and the provision of appropriate 
 and available services will eliminate the need for placement, 
 the agency shall request authorization for the child's release 
 from detention.  The person to whom the child is released shall 
 promise to bring the child to the court, if necessary, at the 
 time the court may direct.  If the person taking the child into 
 custody believes it desirable, that person may request the 
 parent, guardian, custodian, or other person designated by the 
 court to sign a written promise to bring the child to court as 
 provided above.  The intentional violation of such a promise, 
 whether given orally or in writing, shall be punishable as 
 contempt of court. 

    The court may require the parent, guardian, custodian, or 
 other person to whom the child is released, to post any 
 reasonable bail or bond required by the court which shall be 
 forfeited to the court if the child does not appear as 
 directed.  The court may also release the child on the child's 
 own promise to appear in juvenile court. 

    Subd. 2.  (a) If the child is not released as provided in 
 subdivision 1, the person taking the child into custody shall 
 notify the court as soon as possible of the detention of the 
 child and the reasons for detention.  

    (b) No child may be detained in a juvenile secure detention 
 facility or shelter care facility longer than 36 hours, 
 excluding Saturdays, Sundays, and holidays, after being taken 
 into custody for a delinquent act as defined in section 260.015, 
 subdivision 5, unless a petition has been filed and the judge or 
 referee determines pursuant to section 260.172 that the child 
 shall remain in detention.  

    (c) No child may be detained in an adult jail or municipal 
 lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 holidays, or longer than six hours in an adult jail or municipal 
 lockup in a standard metropolitan statistical area, after being 
 taken into custody for a delinquent act as defined in section 
 260.015, subdivision 5, unless: 

    (1) a petition has been filed under section 260.131; and 

    (2) a judge or referee has determined under section 260.172 
 that the child shall remain in detention. 

    After August 1, 1991, no child described in this paragraph 
 may be detained in an adult jail or municipal lockup longer than 
 24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 than six hours in an adult jail or municipal lockup in a 
 standard metropolitan statistical area, unless the requirements 
 of this paragraph have been met and, in addition, a motion to 
 refer the child for adult prosecution has been made under 
 section 260.125.  Notwithstanding this paragraph, continued 
 detention of a child in an adult detention facility outside of a 
 standard metropolitan statistical area county is permissible if: 

    (i) the facility in which the child is detained is located 
 where conditions of distance to be traveled or other ground 
 transportation do not allow for court appearances within 24 
 hours.  A delay not to exceed 48 hours may be made under this 
 clause; or 

    (ii) the facility is located where conditions of safety 
 exist.  Time for an appearance may be delayed until 24 hours 
 after the time that conditions allow for reasonably safe 
 travel.  "Conditions of safety" include adverse life-threatening 
 weather conditions that do not allow for reasonably safe travel. 

    The continued detention of a child under clause (i) or (ii) 
 must be reported to the commissioner of corrections. 

    (d) No child taken into custody and placed in a shelter 
 care facility or relative's home by a peace officer pursuant to 
 section 260.165, subdivision 1, clause (a) or (c)(2) may be held 
 in custody longer than 72 hours, excluding Saturdays, Sundays 
 and holidays, unless a petition has been filed and the judge or 
 referee determines pursuant to section 260.172 that the child 
 shall remain in custody or unless the court has made a finding 
 of domestic abuse perpetrated by a minor after a hearing under 
 Laws 1997, chapter 239, article 10, sections 2 to 26, in which 
 case the court may extend the period of detention for an 
 additional seven days, within which time the social service 
 agency shall conduct an assessment and shall provide 
 recommendations to the court regarding voluntary services or 
 file a child in need of protection or services petition.  

    (e) If a child described in paragraph (c) is to be detained 
 in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 holidays, the judge or referee, in accordance with rules and 
 procedures established by the commissioner of corrections, shall 
 notify the commissioner of the place of the detention and the 
 reasons therefor.  The commissioner shall thereupon assist the 
 court in the relocation of the child in an appropriate juvenile 
 secure detention facility or approved jail within the county or 
 elsewhere in the state, or in determining suitable 
 alternatives.  The commissioner shall direct that a child 
 detained in a jail be detained after eight days from and 
 including the date of the original detention order in an 
 approved juvenile secure detention facility with the approval of 
 the administrative authority of the facility.  If the court 
 refers the matter to the prosecuting authority pursuant to 
 section 260.125, notice to the commissioner shall not be 
 required. 

    Subd. 3.  Repealed, 1976 c 318 s 18 

    Subd. 4.  If the person who has taken the child into 
 custody determines that the child should be placed in a secure 
 detention facility or a shelter care facility, that person shall 
 advise the child and as soon as is possible, the child's parent, 
 guardian, or custodian: 

    (a) of the reasons why the child has been taken into 
 custody and why the child is being placed in a juvenile secure 
 detention facility or a shelter care facility; and 

    (b) of the location of the juvenile secure detention 
 facility or shelter care facility.  If there is reason to 
 believe that disclosure of the location of the shelter care 
 facility would place the child's health and welfare in immediate 
 endangerment, disclosure of the location of the shelter care 
 facility shall not be made; and 

    (c) that the child's parent, guardian, or custodian and 
 attorney or guardian ad litem may make an initial visit to the 
 juvenile secure detention facility or shelter care facility at 
 any time.  Subsequent visits by a parent, guardian, or custodian 
 may be made on a reasonable basis during visiting hours and by 
 the child's attorney or guardian ad litem at reasonable hours; 
 and 

    (d) that the child may telephone parents and an attorney or 
 guardian ad litem from the juvenile secure detention facility or 
 shelter care facility immediately after being admitted to the 
 facility and thereafter on a reasonable basis to be determined 
 by the director of the facility; and 

    (e) that the child may not be detained for acts as defined 
 in section 260.015, subdivision 5, at a juvenile secure 
 detention facility or shelter care facility longer than 36 
 hours, excluding Saturdays, Sundays, and holidays, unless a 
 petition has been filed within that time and the court orders 
 the child's continued detention, pursuant to section 260.172; 
 and 

    (f) that the child may not be detained for acts defined in 
 section 260.015, subdivision 5, at an adult jail or municipal 
 lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 holidays, or longer than six hours if the adult jail or 
 municipal lockup is in a standard metropolitan statistical area, 
 unless a petition has been filed and the court orders the 
 child's continued detention under section 260.172; and 

    (g) that the child may not be detained pursuant to section 
 260.165, subdivision 1, clause (a) or (c)(2), at a shelter care 
 facility longer than 72 hours, excluding Saturdays, Sundays, and 
 holidays, unless a petition has been filed within that time and 
 the court orders the child's continued detention, pursuant to 
 section 260.172; and 

    (h) of the date, time, and place of the detention hearing, 
 if this information is available to the person who has taken the 
 child into custody; and 

    (i) that the child and the child's parent, guardian, or 
 custodian have the right to be present and to be represented by 
 counsel at the detention hearing, and that if they cannot afford 
 counsel, counsel will be appointed at public expense for the 
 child, if it is a delinquency matter, or for any party, if it is 
 a child in need of protection or services, neglected and in 
 foster care, or termination of parental rights matter. 

    After August 1, 1991, the child's parent, guardian, or 
 custodian shall also be informed under clause (f) that the child 
 may not be detained in an adult jail or municipal lockup longer 
 than 24 hours, excluding Saturdays, Sundays, and holidays, or 
 longer than six hours if the adult jail or municipal lockup is 
 in a standard metropolitan statistical area, unless a motion to 
 refer the child for adult prosecution has been made within that 
 time period. 

    Subd. 5.  If a child is to be detained in a secure 
 detention facility or shelter care facility, the child shall be 
 promptly transported to the facility in a manner approved by the 
 facility or by securing a written transportation order from the 
 court authorizing transportation by the sheriff or other 
 qualified person.  The person who has determined that the child 
 should be detained shall deliver to the court and the supervisor 
 of the secure detention facility or shelter care facility where 
 the child is placed, a signed report, setting forth: 

    (a) the time the child was taken into custody; and 

    (b) the time the child was delivered for transportation to 
 the secure detention facility or shelter care facility; and 

    (c) the reasons why the child was taken into custody; and 

    (d) the reasons why the child has been placed in detention; 
 and 

    (e) a statement that the child and the child's parent have 
 received the notification required by subdivision 4 or the 
 reasons why they have not been so notified; and 

    (f) any instructions required by subdivision 5a. 

    Subd. 5a.    Shelter care; notice to parent.  When a 
 child is to be placed in a shelter care facility the person 
 taking the child into custody or the court shall determine 
 whether or not there is reason to believe that disclosure of the 
 shelter care facility's location to the child's parent, 
 guardian, or custodian would immediately endanger the health and 
 welfare of the child.  If there is reason to believe that the 
 child's health and welfare would be immediately endangered, 
 disclosure of the location shall not be made.  This 
 determination shall be included in the report required by 
 subdivision 5, along with instructions to the shelter care 
 facility to notify or withhold notification.  

    Subd. 6.  (a) When a child has been delivered to a secure 
 detention facility, the supervisor of the facility shall deliver 
 to the court a signed report acknowledging receipt of the child 
 stating the time of the child's arrival.  The supervisor of the 
 facility shall ascertain from the report of the person who has 
 taken the child into custody whether the child and a parent, 
 guardian, or custodian have received the notification required 
 by subdivision 4.  If the child or a parent, guardian or 
 custodian, or both, have not been so notified, the supervisor of 
 the facility shall immediately make the notification, and shall 
 include in the report to the court a statement that notification 
 has been received or the reasons why it has not. 

    (b) When a child has been delivered to a shelter care 
 facility, the supervisor of the facility shall deliver to the 
 court a signed report acknowledging receipt of the child stating 
 the time of the child's arrival.  The supervisor of the facility 
 shall ascertain from the report of the person who has taken the 
 child into custody whether the child's parent, guardian or 
 custodian has been notified of the placement of the child at the 
 shelter care facility and its location, and the supervisor shall 
 follow any instructions concerning notification contained in 
 that report.  

    HIST: 1959 c 685 s 25; 1969 c 556 s 1; 1971 c 590 s 1; 1976 c 
 318 s 9-13; 1977 c 330 s 3-5; 1977 c 347 s 41; 1978 c 637 s 1; 
 1982 c 469 s 3-7; 1985 c 286 s 6; 1986 c 444; 1988 c 673 s 
 22,23; 1989 c 147 s 1,2; 1989 c 235 s 14; 1990 c 542 s 14; 1996 
 c 408 art 6 s 7; 1996 c 421 s 7; 1997 c 239 art 11 s 3 

     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 

     260.173 Place of temporary custody; shelter care 
  facility. 

    Subdivision 1.    Jail detention.  A child taken into 
 custody pursuant to section 260.165 may be detained for up to 24 
 hours in a shelter care facility, secure detention facility, or, 
 if there is no secure detention facility available for use by 
 the county having jurisdiction over the child, in a jail or 
 other facility for the confinement of adults who have been 
 charged with or convicted of a crime in quarters separate from 
 any adult confined in the facility which has been approved for 
 the detention of juveniles by the commissioner of corrections.  
 At the end of the 24 hour detention any child requiring further 
 detention may be detained only as provided in this section. 

    Subd. 2.    Least restrictive settlement requirement.  
 Notwithstanding the provisions of subdivision 1, if the child 
 had been taken into custody pursuant to section 260.165, 
 subdivision 1, clause (a) or clause (c)(2), and is not alleged 
 to be delinquent, the child shall be detained in the least 
 restrictive setting consistent with the child's health and 
 welfare and in closest proximity to the child's family as 
 possible.  Placement may be with a child's relative, a 
 designated caregiver under chapter 257A, or in a shelter care 
 facility.  The placing officer shall comply with this section 
 and shall document why a less restrictive setting will or will 
 not be in the best interests of the child for placement purposes.

    Subd. 3.    Placement.  If the child had been taken into 
 custody and detained as one who is alleged to be delinquent, in 
 need of protection or services under section 260.015, 
 subdivision 2a, clause (11) or (12), or a juvenile petty 
 offender by reason of: 

    (a) Having committed an offense which would not constitute 
 a violation of a state law or local ordinance if the child were 
 an adult; or 

    (b) Having been previously adjudicated delinquent, in need 
 of protection or services under section 260.015, subdivision 2a, 
 clause (11) or (12), or a juvenile petty offender, or 
 conditionally released by the juvenile court without 
 adjudication, has violated probation, parole, or other field 
 supervision under which the child had been placed as a result of 
 behavior described in this subdivision; the child may be placed 
 only in a shelter care facility. 

    Subd. 4.    Child detention alternatives.  If a child is 
 taken into custody as one who: 

    (a) has allegedly committed an act which would constitute a 
 violation of a state law or a local ordinance if the child were 
 an adult; or 

    (b) is reasonably believed to have violated the terms of 
 probation, parole, or other field supervision under which the 
 child had been placed as a result of behavior described under 
 clause (a); 

 the child may be detained in a shelter care or secure juvenile 
 detention facility.  If the child cannot be detained in another 
 type of detention facility, and if there is no secure juvenile 
 detention facility or existing acceptable detention alternative 
 available for juveniles within the county, a child described in 
 this subdivision may be detained up to 24 hours, excluding 
 Saturdays, Sundays, and holidays, or up to six hours in a 
 standard metropolitan statistical area, in a jail, lockup or 
 other facility used for the confinement of adults who have been 
 charged with or convicted of a crime, in quarters separate from 
 any adult confined in the facility which has been approved for 
 the detention of juveniles by the commissioner of corrections.  
 If continued detention in an adult jail is approved by the court 
 under section 260.172, subdivision 2, and there is no juvenile 
 secure detention facility available for use by the county having 
 jurisdiction over the child, such child may be detained for no 
 more than eight days from and including the date of the original 
 detention order in separate quarters in any jail or other adult 
 facility for the confinement of persons charged with or 
 convicted of crime which has been approved by the commissioner 
 of corrections to be suitable for the detention of juveniles for 
 up to eight days.  Except for children who have been referred 
 for prosecution pursuant to section 260.125, and as hereinafter 
 provided, any child requiring secure detention for more than 
 eight days from and including the date of the original detention 
 order must be removed to an approved secure juvenile detention 
 facility.  A child 16 years of age or older against whom a 
 motion to refer for prosecution is pending before the court may 
 be detained for more than eight days in separate quarters in a 
 jail or other facility which has been approved by the 
 commissioner of corrections for the detention of juveniles for 
 up to eight days after a hearing and subject to the periodic 
 reviews provided in section 260.172.  No child under the age of 
 14 may be detained in a jail, lockup or other facility used for 
 the confinement of adults who have been charged with or 
 convicted of a crime. 

    Subd. 5.    Detention at state correctional institution. 
  In order for a child to be detained at a state correctional 
 institution for juveniles, the commissioner of corrections must 
 first consent thereto, and the county must agree to pay the 
 costs of the child's detention. 

    Where the commissioner directs that a child be detained in 
 an approved juvenile facility with the approval of the 
 administrative authority of the facility as provided in section 
 260.171, subdivision 2, or subdivision 4 of this section, the 
 costs of such detention shall be a charge upon the county for 
 which the child is being detained. 

    HIST: 1976 c 318 s 15; 1978 c 637 s 2; 1982 c 544 s 13; 1982 c 
 596 s 1; 1986 c 444; 1988 c 673 s 25; 1989 c 147 s 5; 1989 c 235 
 s 17; 1996 c 421 s 8; 1996 c 455 art 6 s 14; 1997 c 65 s 5 

     260.1735 Extension of detention period. 

    Subdivision 1.    Detention.  Before July 1, 1999, and 
 pursuant to a request from an eight-day temporary holdover 
 facility, as defined in section 241.0221, the commissioner of 
 corrections, or the commissioner's designee, may grant a 
 one-time extension per child to the eight-day limit on detention 
 under this chapter.  This extension may allow such a facility to 
 detain a child for up to 30 days including weekends and 
 holidays.  Upon the expiration of the extension, the child may 
 not be transferred to another eight-day temporary holdover 
 facility.  The commissioner shall develop criteria for granting 
 extensions under this section.  These criteria must ensure that 
 the child be transferred to a long-term juvenile detention 
 facility as soon as such a transfer is possible.  Nothing in 
 this section changes the requirements in section 260.172 
 regarding the necessity of detention hearings to determine 
 whether continued detention of the child is proper. 

    Subd. 2.    Continued detention.  (a) A delay not to 
 exceed 48 hours may be made if the facility in which the child 
 is detained is located where conditions of distance to be 
 traveled or other ground transportation do not allow for court 
 appearances within 24 hours. 

    (b) A delay may be made if the facility is located where 
 conditions of safety exist.  Time for an appearance may be 
 delayed until 24 hours after the time that conditions allow for 
 reasonably safe travel.  "Conditions of safety" include adverse 
 life-threatening weather conditions that do not allow for 
 reasonably safe travel. 

    The continued detention of a child under paragraph (a) or 
 (b) must be reported to the commissioner of corrections. 

    HIST: 1995 c 226 art 3 s 27; 1997 c 239 art 9 s 31 

     260.174 Children in custody; responsibility for medical 
  care. 

    Subdivision 1.    Medical aid.  If a child is taken into 
 custody as provided in section 260.165 and detained in a local 
 juvenile secure detention facility or shelter care facility, or 
 if a child is sentenced by the juvenile court to a local 
 correctional facility as defined in section 241.021, subdivision 
 1, paragraph (5), the child's county of residence shall pay the 
 costs of medical services provided to the child during the 
 period of time the child is residing in the facility.  The 
 county of residence is entitled to reimbursement from the child 
 or the child's family for payment of medical bills to the extent 
 that the child or the child's family has the ability to pay for 
 the medical services.  If there is a disagreement between the 
 county and the child or the child's family concerning the 
 ability to pay or whether the medical services were necessary, 
 the court with jurisdiction over the child shall determine the 
 extent, if any, of the child's or the family's ability to pay 
 for the medical services or whether the services are necessary.  
 If the child is covered by health or medical insurance or a 
 health plan when medical services are provided, the county 
 paying the costs of medical services has a right of subrogation 
 to be reimbursed by the insurance carrier or health plan for all 
 amounts spent by it for medical services to the child that are 
 covered by the insurance policy or health plan, in accordance 
 with the benefits, limitations, exclusions, provider 
 restrictions, and other provisions of the policy or health 
 plan.  The county may maintain an action to enforce this 
 subrogation right.  The county does not have a right of 
 subrogation against the medical assistance program, the 
 MinnesotaCare program, or the general assistance medical care 
 program. 

    Subd. 2.    Intake procedure; health coverage.  As part 
 of its intake procedure for children, the official having 
 custody over the child shall ask the child or the child's 
 family, as appropriate, whether the child has health coverage.  
 If the child has coverage under a policy of accident and health 
 insurance regulated under chapter 62A, a health maintenance 
 contract regulated under chapter 62D, a group subscriber 
 contract regulated under chapter 62C, a health benefit 
 certificate regulated under chapter 64B, a self-insured plan, or 
 other health coverage, the child or the child's family, as 
 appropriate, shall provide to the official having custody over 
 the child the name of the carrier or administrator and other 
 information and authorizations necessary for the official having 
 custody over the child to obtain specific information about 
 coverage. 

    Subd. 3.    Obtaining health care in compliance with 
 coverage.  A county board may authorize the officials having 
 custody over children to fulfill the county board's obligation 
 to provide the medical aid required by subdivision 1 in 
 accordance with the terms of the health plan covering the child, 
 where possible, subject to any rules and exceptions provided by 
 the county board.  The official having custody over a child has 
 no obligation to the child or to the child's family to obtain 
 the child's health care in accordance with the child's health 
 coverage. 

    Subd. 4.    Scope.  Subdivisions 1, 2, and 3 apply to 
 any medical aid, including dental care, provided to children 
 held in custody by the county as described in subdivision 1. 

    HIST: 1991 c 310 s 1; 1995 c 234 art 8 s 56 

  260.175 Repealed, 1976 c 318 s 18 

  260.18 Repealed, 1959 c 685 s 53 

     260.181 Dispositions; general provisions. 

    Subdivision 1.    Dismissal of petition.  Whenever the 
 court finds that the minor is not within the jurisdiction of the 
 court or that the facts alleged in the petition have not been 
 proved, it shall dismiss the petition. 

    Subd. 2.    Consideration of reports.  Before making a 
 disposition in a case, or terminating parental rights, or 
 appointing a guardian for a child the court may consider any 
 report or recommendation made by the local social services 
 agency, probation officer, licensed child-placing agency, foster 
 parent, guardian ad litem, tribal representative, or other 
 authorized advocate for the child or child's family, a school 
 district concerning the effect on student transportation of 
 placing a child in a school district in which the child is not a 
 resident, or any other information deemed material by the court. 

    Subd. 3.    Protection of child's best interests.  (a) 
 The policy of the state is to ensure that the best interests of 
 children are met by requiring individualized determinations of 
 the needs of the child and of how the selected placement will 
 serve the needs of the child in foster care placements.  

    (b) Among the factors to be considered in determining the 
 needs of the child are:  

    (1) the child's current functioning and behaviors; 

    (2) the medical, educational, and developmental needs of 
 the child; 

    (3) the child's history and past experience; 

    (4) the child's religious and cultural needs; 

    (5) the child's connection with a community, school, and 
 church; 

    (6) the child's interests and talents; 

    (7) the child's relationship to current caretakers, 
 parents, siblings, and relatives; and 

    (8) the reasonable preference of the child, if the court, 
 or in the case of a voluntary placement the child-placing 
 agency, deems the child to be of sufficient age to express 
 preferences.  

    (c) The court, in transferring legal custody of any child 
 or appointing a guardian for the child under the laws relating 
 to juvenile courts, shall consider placement, consistent with 
 the child's best interests and in the following order, in the 
 legal custody or guardianship of an individual who (1) is 
 related to the child by blood, marriage, or adoption, or (2) is 
 an important friend with whom the child has resided or had 
 significant contact.  Placement of a child cannot be delayed or 
 denied based on race, color, or national origin of the foster 
 parent or the child.  Whenever possible, siblings should be 
 placed together unless it is determined not to be in the best 
 interests of a sibling. 

    (d) If the child's birth parent or parents explicitly 
 request that a relative or important friend not be considered, 
 the court shall honor that request if it is consistent with the 
 best interests of the child. 

    If the child's birth parent or parents express a preference 
 for placing the child in a foster or adoptive home of the same 
 or a similar religious background to that of the birth parent or 
 parents, the court shall order placement of the child with an 
 individual who meets the birth parent's religious preference.  

    (e) This subdivision does not affect the Indian Child 
 Welfare Act, United States Code, title 25, sections 1901 to 
 1923, and the Minnesota Indian Family Preservation Act, sections 
 257.35 to 257.3579. 

    Subd. 3a.    Reports; juveniles placed out of state.  
 Whenever a child is placed in a residential program located 
 outside of this state pursuant to a disposition order issued 
 under section 260.185 or 260.191, the juvenile court 
 administrator shall report the following information to the 
 state court administrator: 

    (1) the fact that the placement is out of state; 

    (2) the type of placement; and 

    (3) the reason for the placement. 

    Subd. 4.    Termination of jurisdiction.  (a) The court 
 may dismiss the petition or otherwise terminate its jurisdiction 
 on its own motion or on the motion or petition of any interested 
 party at any time.  Unless terminated by the court, and except 
 as otherwise provided in this subdivision, the jurisdiction of 
 the court shall continue until the individual becomes 19 years 
 of age if the court determines it is in the best interest of the 
 individual to do so.  Court jurisdiction under section 260.015, 
 subdivision 2a, clause (12), may not continue past the child's 
 17th birthday.  

    (b) The jurisdiction of the court over an extended 
 jurisdiction juvenile, with respect to the offense for which the 
 individual was convicted as an extended jurisdiction juvenile, 
 extends until the offender becomes 21 years of age, unless the 
 court terminates jurisdiction before that date.  

    (c) The juvenile court has jurisdiction to designate the 
 proceeding an extended jurisdiction juvenile prosecution, to 
 hold a certification hearing, or to conduct a trial, receive a 
 plea, or impose a disposition under section 260.126, subdivision 
 4, if: 

    (1) an adult is alleged to have committed an offense before 
 the adult's 18th birthday; and 

    (2) a petition is filed under section 260.131 before 
 expiration of the time for filing under section 628.26 and 
 before the adult's 21st birthday. 

 The juvenile court lacks jurisdiction under this paragraph if 
 the adult demonstrates that the delay was purposefully caused by 
 the state in order to gain an unfair advantage. 

    (d) The district court has original and exclusive 
 jurisdiction over a proceeding: 

    (1) that involves an adult who is alleged to have committed 
 an offense before the adult's 18th birthday; and 

    (2) in which a criminal complaint is filed before 
 expiration of the time for filing under section 628.26 and after 
 the adult's 21st birthday. 

    The juvenile court retains jurisdiction if the adult 
 demonstrates that the delay in filing a criminal complaint was 
 purposefully caused by the state in order to gain an unfair 
 advantage. 

    (e) The juvenile court has jurisdiction over a person who 
 has been adjudicated delinquent until the person's 21st birthday 
 if the person fails to appear at any juvenile court hearing or 
 fails to appear at or absconds from any placement under a 
 juvenile court order.  The juvenile court has jurisdiction over 
 a convicted extended jurisdiction juvenile who fails to appear 
 at any juvenile court hearing or fails to appear at or absconds 
 from any placement under section 260.126, subdivision 4.  The 
 juvenile court lacks jurisdiction under this paragraph if the 
 adult demonstrates that the delay was purposefully caused by the 
 state in order to gain an unfair advantage. 

    HIST: 1959 c 685 s 27; 1963 c 516 s 9; 1974 c 544 s 1; 1978 c 
 602 s 9; 1982 c 615 s 4; 1983 c 278 s 12; 1988 c 673 s 26; 1988 
 c 689 art 2 s 218; 1989 c 235 s 18; 1992 c 557 s 7; 1992 c 571 
 art 7 s 7; 1993 c 291 s 16; 1994 c 576 s 25; 1994 c 631 s 31; 
 1994 c 647 art 2 s 5; 1995 c 226 art 3 s 28; 1996 c 416 s 15; 
 1997 c 7 art 2 s 48; 1997 c 86 s 12 

     260.185 Dispositions; delinquent child. 

    Subdivision 1.    Court order, findings, remedies, 
 treatment.  If the court finds that the child is delinquent, 
 it shall enter an order making any of the following dispositions 
 of the case which are deemed necessary to the rehabilitation of 
 the child: 

    (a) Counsel the child or the parents, guardian, or 
 custodian; 

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

    (c) Subject to the supervision of the court, transfer legal 
 custody of the child to one of the following: 

    (1) a child-placing agency; or 

    (2) the local social services agency; or 

    (3) a reputable individual of good moral character.  No 
 person may receive custody of two or more unrelated children 
 unless licensed as a residential facility pursuant to sections 
 245A.01 to 245A.16; or 

    (4) a county home school, if the county maintains a home 
 school or enters into an agreement with a county home school; or 

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

    (d) Transfer legal custody by commitment to the 
 commissioner of corrections; 

    (e) If the child is found to have violated a state or local 
 law or ordinance which has resulted in damage to the person or 
 property of another, the court may order the child to make 
 reasonable restitution for such damage; 

    (f) Require the child to pay a fine of up to $700; the 
 court shall order payment of the fine in accordance with a time 
 payment schedule which shall not impose an undue financial 
 hardship on the child; 

    (g) If the child is in need of special treatment and care 
 for reasons of physical or mental health, the court may order 
 the child's parent, guardian, or custodian to provide it.  If 
 the parent, guardian, or custodian fails to provide this 
 treatment or care, the court may order it provided; 

    (h) If the court believes that it is in the best interests 
 of the child and of public safety that the driver's license of 
 the child be canceled until the child's 18th birthday, the court 
 may recommend to the commissioner of public safety the 
 cancellation of the child's license for any period up to the 
 child's 18th birthday, and the commissioner is hereby authorized 
 to cancel such license without a hearing.  At any time before 
 the termination of the period of cancellation, the court may, 
 for good cause, recommend to the commissioner of public safety 
 that the child be authorized to apply for a new license, and the 
 commissioner may so authorize. 

    (i) If the court believes that it is in the best interest 
 of the child and of public safety that the child is enrolled in 
 school, the court may require the child to remain enrolled in a 
 public school until the child reaches the age of 18 or completes 
 all requirements needed to graduate from high school.  Any child 
 enrolled in a public school under this paragraph is subject to 
 the provisions of the Pupil Fair Dismissal Act in chapter 121A. 

    If the child is petitioned and found by the court to have 
 committed a controlled substance offense under sections 152.021 
 to 152.027, the court shall determine whether the child 
 unlawfully possessed or sold the controlled substance while 
 driving a motor vehicle.  If so, the court shall notify the 
 commissioner of public safety of its determination and order the 
 commissioner to revoke the child's driver's license for the 
 applicable time period specified in section 152.0271.  If the 
 child does not have a driver's license or if the child's 
 driver's license is suspended or revoked at the time of the 
 delinquency finding, the commissioner shall, upon the child's 
 application for driver's license issuance or reinstatement, 
 delay the issuance or reinstatement of the child's driver's 
 license for the applicable time period specified in section 
 152.0271.  Upon receipt of the court's order, the commissioner 
 is authorized to take the licensing action without a hearing. 

    If the child is petitioned and found by the court to have 
 committed or attempted to commit an act in violation of section 
 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 
 subdivision 1; 609.79; or 617.23, or another offense arising out 
 of a delinquency petition based on one or more of those 
 sections, the court shall order an independent professional 
 assessment of the child's need for sex offender treatment.  An 
 assessor providing an assessment for the court must be 
 experienced in the evaluation and treatment of juvenile sex 
 offenders. If the assessment indicates that the child is in need 
 of and amenable to sex offender treatment, the court shall 
 include in its disposition order a requirement that the child 
 undergo treatment.  Notwithstanding section 13.42, 13.85, 
 144.335, 260.161, or 626.556, the assessor has access to the 
 following private or confidential data on the child if access is 
 relevant and necessary for the assessment: 

    (1) medical data under section 13.42; 

    (2) corrections and detention data under section 13.85; 

    (3) health records under section 144.335; 

    (4) juvenile court records under section 260.161; and 

    (5) local welfare agency records under section 626.556. 

    Data disclosed under this paragraph may be used only for 
 purposes of the assessment and may not be further disclosed to 
 any other person, except as authorized by law. 

    If the child is found delinquent due to the commission of 
 an offense that would be a felony if committed by an adult, the 
 court shall make a specific finding on the record regarding the 
 juvenile's mental health and chemical dependency treatment needs.

    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; and 

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

    Subd. 1a.    Possession of firearm or dangerous weapon.  
 If the child is petitioned and found delinquent by the court, 
 and the court also finds that the child was in possession of a 
 firearm at the time of the offense, in addition to any other 
 disposition the court shall order that the firearm be 
 immediately seized and shall order that the child be required to 
 serve at least 100 hours of community work service unless the 
 child is placed in a residential treatment program or a juvenile 
 correctional facility.  If the child is petitioned and found 
 delinquent by the court, and the court finds that the child was 
 in possession of a dangerous weapon in a school zone, as defined 
 in section 152.01, subdivision 14a, clauses (1) and (3), at the 
 time of the offense, the court also shall order that the child's 
 driver's license be canceled or driving privileges denied until 
 the child's 18th birthday.  The court shall send a copy of its 
 order to the commissioner of public safety and, upon receipt of 
 the order, the commissioner is authorized to cancel the child's 
 driver's license or deny the child's driving privileges without 
 a hearing. 

    Subd. 1b.    Commitment to secure facility; length of 
 stay; transfers.  An adjudicated juvenile may not be placed in 
 a licensed juvenile secure treatment facility unless the 
 placement is approved by the juvenile court.  However, the 
 program administrator may determine the juvenile's length of 
 stay in the secure portion of the facility.  The administrator 
 shall notify the court of any movement of juveniles from secure 
 portions of facilities.  However, the court may, in its 
 discretion, order that the juveniles be moved back to secure 
 portions of the facility. 

    Subd. 1c.    Placement of juveniles in secure facilities; 
 requirements.  Before a postadjudication placement of a 
 juvenile in a secure treatment facility either inside or outside 
 the state, the court may: 

    (1) consider whether the juvenile has been adjudicated for 
 a felony offense against the person or that in addition to the 
 current adjudication, the juvenile has failed to appear in court 
 on one or more occasions or has run away from home on one or 
 more occasions; 

    (2) conduct a subjective assessment to determine whether 
 the child is a danger to self or others or would abscond from a 
 nonsecure facility or if the child's health or welfare would be 
 endangered if not placed in a secure facility; 

    (3) conduct a culturally appropriate psychological 
 evaluation which includes a functional assessment of anger and 
 abuse issues; and 

    (4) conduct an educational and physical assessment of the 
 juvenile. 

    In determining whether to order secure placement, the court 
 shall consider the necessity of: 

    (1) protecting the public; 

    (2) protecting program residents and staff; and 

    (3) preventing juveniles with histories of absconding from 
 leaving treatment programs. 

    Subd. 2.    Expungement of adjudication of delinquency.  
 Except when legal custody is transferred under the provisions of 
 subdivision 1, clause (d), the court may expunge the 
 adjudication of delinquency at any time that it deems advisable. 

    Subd. 3.    Continuance.  When it is in the best 
 interests of the child to do so and when the child has admitted 
 the allegations contained in the petition before the judge or 
 referee, or when a hearing has been held as provided for in 
 section 260.155 and the allegations contained in the petition 
 have been duly proven but, in either case, before a finding of 
 delinquency has been entered, the court may continue the case 
 for a period not to exceed 90 days on any one order.  Such a 
 continuance may be extended for one additional successive period 
 not to exceed 90 days and only after the court has reviewed the 
 case and entered its order for an additional continuance without 
 a finding of delinquency.  During this continuance the court may 
 enter an order in accordance with the provisions of subdivision 
 1, clause (a) or (b) or enter an order to hold the child in 
 detention for a period not to exceed 15 days on any one order 
 for the purpose of completing any consideration, or any 
 investigation or examination ordered in accordance with the 
 provisions of section 260.151.  This subdivision does not apply 
 to an extended jurisdiction juvenile proceeding. 

    Subd. 3a.    Enforcement of restitution orders.  If the 
 court orders payment of restitution and the child fails to pay 
 the restitution in accordance with the payment schedule or 
 structure established by the court or the probation officer, the 
 child's probation officer may, on the officer's own motion or at 
 the request of the victim, file a petition for violation of 
 probation or ask the court to hold a hearing to determine 
 whether the conditions of probation should be changed.  The 
 child's probation officer shall ask for the hearing if the 
 restitution ordered has not been paid prior to 60 days before 
 the term of probation expires.  The court shall schedule and 
 hold this hearing before the child's term of probation expires. 

    Subd. 4.    Orders for supervision.  All orders for 
 supervision under subdivision 1, clause (b) shall be for an 
 indeterminate period unless otherwise specified by the court, 
 and shall be reviewed by the court at least annually.  All 
 orders under subdivision 1, clause (c) shall be for a specified 
 length of time set by the court.  However, before an order has 
 expired and upon the court's own motion or that of any 
 interested party, the court has continuing jurisdiction to renew 
 the order or, after notice to the parties and a hearing, make 
 some other disposition of the case, until the individual becomes 
 19 years of age.  Any person to whom legal custody is 
 transferred shall report to the court in writing at such periods 
 as the court may direct. 

    Subd. 5.    Transfer of legal custody orders.  When the 
 court transfers legal custody of a child to any licensed 
 child-placing agency, county home school, local social services 
 agency, or the commissioner of corrections, it shall transmit 
 with the order transferring legal custody a copy of its findings 
 and a summary of its information concerning the child. 

    Subd. 6.    Out-of-state placements.  (a) A court may 
 not place a preadjudicated delinquent, an adjudicated 
 delinquent, or a convicted extended jurisdiction juvenile in a 
 residential or detention facility outside Minnesota unless the 
 commissioner of corrections has certified that the facility: 

    (1) meets or exceeds the standards for Minnesota 
 residential treatment programs set forth in rules adopted by the 
 commissioner of human services or the standards for juvenile 
 residential facilities set forth in rules adopted by the 
 commissioner of corrections or the standards for juvenile 
 detention facilities set forth in rules adopted by the 
 commissioner of corrections, as provided under paragraph (b); 
 and 

    (2) provides education, health, dental, and other necessary 
 care equivalent to that which the child would receive if placed 
 in a Minnesota facility licensed by the commissioner of 
 corrections or commissioner of human services. 

    (b) The interagency licensing agreement between the 
 commissioners of corrections and human services shall be used to 
 determine which rule shall be used for certification purposes 
 under this subdivision. 

    (c) The commissioner of corrections may charge each 
 facility evaluated a reasonable amount.  Money received is 
 annually appropriated to the commissioner of corrections to 
 defray the costs of the certification program. 

    Subd. 7.    Placement in juvenile facility.  A person 
 who has reached the age of 20 may not be kept in a residential 
 facility licensed by the commissioner of corrections together 
 with persons under the age of 20.  The commissioner may adopt 
 criteria for allowing exceptions to this prohibition. 

    HIST: 1959 c 685 s 28; 1961 c 576 s 12,13; 1969 c 769 s 1; 
 1969 c 1019 s 1; 1973 c 654 s 15; 1974 c 469 s 2; 1975 c 271 s 
 6; 1976 c 150 s 1; 1976 c 166 s 7; 1978 c 657 s 1; 1978 c 778 s 
 2; 1980 c 580 s 17; 1983 c 216 art 1 s 40; 1983 c 274 s 18; 1984 
 c 628 art 3 s 11; 1984 c 655 art 1 s 43; 1986 c 444; 1987 c 331 
 s 5; 1989 c 21 s 1,2; 1989 c 209 art 2 s 1; 1989 c 290 art 4 s 
 6; 1990 c 426 art 1 s 35; 1992 c 571 art 1 s 9; art 7 s 8,9; 
 1993 c 326 art 1 s 2; art 8 s 13; 1993 c 347 s 20; 1994 c 576 s 
 26-28; 1994 c 631 s 31; 1995 c 185 s 4; 1995 c 226 art 3 s 
 29,30; 1Sp1997 c 4 art 6 s 17; 1998 c 397 art 11 s 3 

  260.19 Repealed, 1959 c 685 s 53 

     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.  

    To the extent practicable, the court shall enter a 
 disposition order the same day it makes a finding that a child 
 is in need of protection or services or neglected and in foster 
 care, but in no event more than 15 days after the finding unless 
 the court finds that the best interests of the child will be 
 served by granting a delay.  If the child was under eight years 
 of age at the time the petition was filed, the disposition order 
 must be entered within ten days of the finding and the court may 
 not grant a delay unless good cause is shown and the court finds 
 the best interests of the child will be served by the delay. 

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

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

    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 or that reasonable efforts were not required under 
 section 260.012 or 260.172, subdivision 1. 

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

    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 ensure 
 the child's safety and to comply with the court's disposition 
 order, and the services to be offered and provided by the agency 
 to the child and the child's parent, guardian, or custodian.  
 The court shall review the case plan and, upon approving it, 
 incorporate the plan into its disposition order.  The court may 
 review and modify the terms of the case plan in the manner 
 provided in subdivision 2.  For each disposition ordered, the 
 written case plan shall specify what reasonable efforts shall be 
 provided to the family.  The case plan must include a discussion 
 of: 

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

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

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

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

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

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

    (7) the need for continued monitoring of the child and 
 family by the appropriate local social services agency once the 
 family has completed all services required in the case plan. 

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

    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 section 257.071, subdivision 1d, paragraph 
 (b), or may modify the requirements of the agency under section 
 257.071, subdivision 1d, paragraph (b), or may completely 
 relieve the responsible social service agency of the 
 requirements of section 257.071, subdivision 1d, paragraph (b), 
 when the child is placed with an appropriate relative who wishes 
 to provide a permanent home for the child.  The actions ordered 
 by the court under this section must be consistent with the best 
 interests, safety, and welfare of the child.  

    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, except that if the child was under eight years of age at 
 the time the petition was filed, the hearing must be conducted 
 no later than six months after the child is placed out of the 
 home of the parent. 

    For purposes of this subdivision, the date of the child's 
 placement out of the home of the parent is the earlier of the 
 first court-ordered placement or 60 days after the date on which 
 the child has been voluntarily placed out of the home. 

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

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

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

    (b) Not later than ten days prior to this hearing, the 
 responsible social service agency shall file pleadings to 
 establish the basis for the permanent placement determination.  
 Notice of the hearing and copies of the pleadings must be 
 provided pursuant to section 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) At a hearing under this subdivision, if the child was 
 under eight years of age at the time the petition was filed 
 alleging the child in need of protection or services, the court 
 shall review the progress of the case and the case plan, 
 including the provision of services.  The court may order the 
 local social service agency to show cause why it should not file 
 a termination of parental rights petition.  Cause may include, 
 but is not limited to, the following conditions: 

    (1) the parents or guardians have maintained regular 
 contact with the child, the parents are complying with the 
 court-ordered case plan, and the child would benefit from 
 continuing this relationship; 

    (2) grounds for termination under section 260.221 do not 
 exist; or 

    (3) the permanent plan for the child is transfer of 
 permanent legal and physical custody to a relative. 

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

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

    (2) termination of parental rights and adoption; the social 
 service agency shall file a petition for termination of parental 
 rights under section 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. 

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

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

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

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

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

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

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

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

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

    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; 1998 c 406 art 1 
 s 30-33,37; art 4 s 1; 1998 c 407 art 9 s 29-32 

*   NOTE:  The amendments to subdivisions 1 and 3b, paragraphs 
*(a) and (c), by Laws 1998, chapter 406, article 1, sections 30 
*and 33, and Laws 1998, chapter 407, article 9, sections 29 and 
*32, that apply to children under eight years of age, are 
*effective July 1, 1999.  Laws 1998, chapter 406, article 1, 
*section 38.

     260.192 Dispositions; voluntary foster care placements. 

    Upon a petition for review of the foster care status of a 
 child, the court may:  

    (a) In the case of a petition required to be filed under 
 section 257.071, subdivision 3, find that the child's needs are 
 being met, that the child's placement in foster care is in the 
 best interests of the child, and that the child will be returned 
 home in the next six months, in which case the court shall 
 approve the voluntary arrangement and continue the matter for 
 six months to assure the child returns to the parent's home.  

    (b) In the case of a petition required to be filed under 
 section 257.071, subdivision 4, find that the child's needs are 
 being met and that the child's placement in foster care is in 
 the best interests of the child, in which case the court shall 
 approve the voluntary arrangement.  The court shall order the 
 social service agency responsible for the placement to bring a 
 petition under section 260.131, subdivision 1 or 1a, as 
 appropriate, within 12 months. 

    (c) Find that the child's needs are not being met, in which 
 case the court shall order the social service agency or the 
 parents to take whatever action is necessary and feasible to 
 meet the child's needs, including, when appropriate, the 
 provision by the social service agency of services to the 
 parents which would enable the child to live at home, and order 
 a disposition under section 260.191. 

    (d) Find that the child has been abandoned by parents 
 financially or emotionally, or that the developmentally disabled 
 child does not require out-of-home care because of the 
 handicapping condition, in which case the court shall order the 
 social service agency to file an appropriate petition pursuant 
 to sections 260.131, subdivision 1, or 260.231. 

    Nothing in this section shall be construed to prohibit 
 bringing a petition pursuant to section 260.131, subdivision 1 
 or 2, sooner than required by court order pursuant to this 
 section. 

    HIST: 1981 c 290 s 8; 1983 c 278 s 14; 1986 c 444; 1993 c 291 
 s 22; 1997 c 107 s 16; 1997 c 239 art 6 s 28 

     260.193 Juvenile traffic offender; procedures; 
  dispositions. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given them.  

    (b) "Major traffic offense" includes any violation of a 
 state or local traffic law, ordinance, or regulation, or a 
 federal, state, or local water traffic law not included within 
 the provisions of clause (c).  

    (c) "Adult court traffic offense" means:  

    (1) a petty misdemeanor violation of a state or local 
 traffic law, ordinance, or regulation, or a petty misdemeanor 
 violation of a federal, state, or local water traffic law; or 

    (2) a violation of section 169.121, 169.129, or any other 
 misdemeanor- or gross misdemeanor-level traffic violation 
 committed as part of the same behavioral incident as a violation 
 of section 169.121 or 169.129.  

    Subd. 2.    Delinquency and juvenile traffic offender.  
 A child who commits a major traffic offense shall be adjudicated 
 a "juvenile highway traffic offender" or a "juvenile water 
 traffic offender," as the case may be, and shall not be 
 adjudicated delinquent, unless, as in the case of any other 
 child alleged to be delinquent, a petition is filed in the 
 manner provided in section 260.131, summons issued, notice 
 given, a hearing held, and the court finds as a further fact 
 that the child is also delinquent within the meaning and purpose 
 of the laws relating to juvenile courts. 

    Subd. 3.    Adult traffic court offenses.  Except as 
 provided in subdivision 4, a child who commits an adult court 
 traffic offense and at the time of the offense was at least 16 
 years old shall be subject to the laws and court procedures 
 controlling adult traffic violators and shall not be under the 
 jurisdiction of the juvenile court.  When a child is alleged to 
 have committed an adult court traffic offense and is at least 16 
 years old at the time of the offense, the peace officer making 
 the charge shall follow the arrest procedures prescribed in 
 section 169.91 and shall make reasonable effort to notify the 
 child's parent or guardian of the nature of the charge.  

    Subd. 4.    Original jurisdiction; juvenile court.  The 
 juvenile court shall have original jurisdiction over: 

    (1) all juveniles age 15 and under alleged to have 
 committed any traffic offense; and 

    (2) 16- and 17-year-olds alleged to have committed any 
 major traffic offense, except that the adult court has original 
 jurisdiction over: 

    (i) petty traffic misdemeanors not a part of the same 
 behavioral incident of a misdemeanor being handled in juvenile 
 court; and 

    (ii) violations of sections 169.121 (drivers under the 
 influence of alcohol or controlled substance) and 169.129 
 (aggravated driving while intoxicated), and any other 
 misdemeanor or gross misdemeanor level traffic violations 
 committed as part of the same behavioral incident of a violation 
 of section 169.121 or 169.129. 

    Subd. 5.    Major traffic offense.  When a child is 
 alleged to have committed a major traffic offense, the peace 
 officer making the charge shall file a signed copy of the notice 
 to appear, as provided in section 169.91, with the juvenile 
 court of the county in which the violation occurred, and the 
 notice to appear has the effect of a petition and gives the 
 juvenile court jurisdiction.  Filing with the court a notice to 
 appear containing the name and address of the child allegedly 
 committing a major traffic offense and specifying the offense 
 charged, the time and place of the alleged violation shall have 
 the effect of a petition and give the juvenile court 
 jurisdiction.  Any reputable person having knowledge of a child 
 who commits a major traffic offense may petition the juvenile 
 court in the manner provided in section 260.131.  Whenever a 
 notice to appear or petition is filed alleging that a child is a 
 juvenile highway traffic offender or a juvenile water traffic 
 offender, the court shall summon and notify the persons required 
 to be summoned or notified as provided in sections 260.135 and 
 260.141.  However, it is not necessary to (1) notify more than 
 one parent, or (2) publish any notice, or (3) personally serve 
 outside the state. 

    Subd. 6.    Before disposition prior traffic violation 
 information required.  Before making a disposition of any 
 child found to be a juvenile major traffic offender or to have 
 violated a misdemeanor- or gross misdemeanor-level traffic law, 
 the court shall obtain from the department of public safety 
 information of any previous traffic violation by this juvenile.  
 In the case of a juvenile water traffic offender, the court 
 shall obtain from the office where the information is now or 
 hereafter may be kept information of any previous water traffic 
 violation by the juvenile. 

    Subd. 7.    Transfer of cases.  If after a hearing the 
 court finds that the welfare of a juvenile major traffic 
 offender or a juvenile water traffic offender or the public 
 safety would be better served under the laws controlling adult 
 traffic violators, the court may transfer the case to any court 
 of competent jurisdiction presided over by a salaried judge if 
 there is one in the county.  The juvenile court transfers the 
 case by forwarding to the appropriate court the documents in the 
 court's file together with an order to transfer.  The court to 
 which the case is transferred shall proceed with the case as if 
 the jurisdiction of the juvenile court had never attached. 

    Subd. 7a.    Criminal court dispositions; adult court 
 traffic offenders.  (a) A juvenile who is charged with an 
 adult court traffic offense in district court shall be treated 
 as an adult before trial, except that the juvenile may be held 
 in secure, pretrial custody only in a secure juvenile detention 
 facility. 

    (b) A juvenile who is convicted of an adult court traffic 
 offense in district court shall be treated as an adult for 
 sentencing purposes, except that the court may order the 
 juvenile placed out of the home only in a residential treatment 
 facility or in a juvenile correctional facility. 

    (c) The disposition of an adult court traffic offender 
 remains with the county in which the adjudication occurred. 

    Subd. 8.    Juvenile major highway or water traffic 
 offender.  If the juvenile court finds that the child is a 
 juvenile major highway or water traffic offender, it may make 
 any one or more of the following dispositions of the case: 

    (a) Reprimand the child and counsel with the child and the 
 parents; 

    (b) Continue the case for a reasonable period under such 
 conditions governing the child's use and operation of any motor 
 vehicles or boat as the court may set; 

    (c) Require the child to attend a driver improvement school 
 if one is available within the county; 

    (d) Recommend to the department of public safety suspension 
 of the child's driver's license as provided in section 171.16; 

    (e) If the child is found to have committed two moving 
 highway traffic violations or to have contributed to a highway 
 accident involving death, injury, or physical damage in excess 
 of $100, the court may recommend to the commissioner of public 
 safety or to the licensing authority of another state the 
 cancellation of the child's license until the child reaches the 
 age of 18 years, and the commissioner of public safety is hereby 
 authorized to cancel the license without hearing.  At any time 
 before the termination of the period of cancellation, the court 
 may, for good cause, recommend to the commissioner of public 
 safety, or to the licensing authority of another state, that the 
 child's license be returned, and the commissioner of public 
 safety is authorized to return the license; 

    (f) Place the child under the supervision of a probation 
 officer in the child's own home under conditions prescribed by 
 the court including reasonable rules relating to operation and 
 use of motor vehicles or boats directed to the correction of the 
 child's driving habits; 

    (g) If the child is found to have violated a state or local 
 law or ordinance and the violation resulted in damage to the 
 person or property of another, the court may order the child to 
 make reasonable restitution for the damage; 

    (h) Require the child to pay a fine of up to $700.  The 
 court shall order payment of the fine in accordance with a time 
 payment schedule which shall not impose an undue financial 
 hardship on the child; 

    (i) If the court finds that the child committed an offense 
 described in section 169.121, the court shall order that a 
 chemical use assessment be conducted and a report submitted to 
 the court in the manner prescribed in section 169.126.  If the 
 assessment concludes that the child meets the level of care 
 criteria for placement under rules adopted under section 
 254A.03, subdivision 3, the report must recommend a level of 
 care for the child.  The court may require that level of care in 
 its disposition order.  In addition, the court may require any 
 child ordered to undergo an assessment to pay a chemical 
 dependency assessment charge of $75.  The court shall forward 
 the assessment charge to the commissioner of finance to be 
 credited to the general fund.  The state shall reimburse 
 counties for the total cost of the assessment in the manner 
 provided in section 169.126, subdivision 4c. 

    Subd. 9. Repealed, 1987 c 123 s 5 

    Subd. 10.    Separation of traffic offenders and 
 delinquency records.  The juvenile court records of juvenile 
 highway traffic offenders and juvenile water traffic offenders 
 shall be kept separate from delinquency matters. 

    HIST: 1959 c 685 s 30; 1961 c 576 s 14-17; 1963 c 516 s 10; 
 1971 c 491 s 42,43; 1976 c 166 s 7; 1980 c 580 s 18; 1983 c 216 
 art 1 s 41; 1984 c 628 art 3 s 11; 1986 c 444; 1987 c 315 s 13; 
 1989 c 335 art 4 s 68; 1990 c 602 art 2 s 9; 1993 c 326 art 6 s 
 3; 1994 c 576 s 29-33; 1995 c 226 art 3 s 32 

  260.194 Repealed, 1988 c 673 s 40 

     260.195 Petty offenders; procedures; dispositions. 

    Subdivision 1.    Adjudication.  A petty offender who 
 has committed a juvenile alcohol or controlled substance offense 
 shall be adjudicated a "petty offender," and shall not be 
 adjudicated delinquent, unless, as in the case of any other 
 child alleged to be delinquent, a petition is filed in the 
 manner provided in section 260.131, summons issued, notice 
 given, a hearing held, and the court finds as a further fact 
 that the child is also delinquent within the meaning and purpose 
 of the laws related to juvenile courts.  

    Subd. 2.    Procedure.  When a peace officer has 
 probable cause to believe that a child is a petty offender, the 
 officer may issue a notice to the child to appear in juvenile 
 court in the county in which the alleged violation occurred.  
 The officer shall file a copy of the notice to appear with the 
 juvenile court of the county in which the alleged violation 
 occurred.  Filing with the court a notice to appear containing 
 the name and address of the child who is alleged to be a petty 
 offender, specifying the offense charged, and the time and place 
 of the alleged violation has the effect of a petition giving the 
 juvenile court jurisdiction.  Any reputable person having 
 knowledge that a child is a petty offender may petition the 
 juvenile court in the manner provided in section 260.131.  
 Whenever a notice to appear or petition is filed alleging that a 
 child is a petty offender, the court shall summon and notify the 
 person or persons having custody or control of the child of the 
 nature of the offense charged and the time and place of 
 hearing.  This summons and notice shall be served in the time 
 and manner provided in section 260.135, subdivision 1.  If a 
 child fails to appear in response to the notice provided by this 
 subdivision, the court may issue a summons notifying the child 
 of the nature of the offense alleged and the time and place set 
 for the hearing.  If the peace officer finds it necessary to 
 take the child into custody, sections 260.165 and 260.171 shall 
 apply.  

    Subd. 2a.    No right to counsel at public expense.  
 Except as otherwise provided in section 260.155, subdivision 2, 
 a child alleged to be a juvenile petty offender may be 
 represented by counsel, but does not have a right to appointment 
 of a public defender or other counsel at public expense. 

    Subd. 3.    Dispositions.  If the juvenile court finds 
 that a child is a petty offender, the court may: 

    (a) require the child to pay a fine of up to $100; 

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

    (c) require the child to participate in a drug awareness 
 program; 

    (d) place the child on probation for up to six months; 

    (e) order the child to undergo a chemical dependency 
 evaluation and if warranted by this evaluation, order 
 participation by the child in an outpatient chemical dependency 
 treatment program; 

    (f) order the child to make restitution to the victim; or 

    (g) perform any other activities or participate in any 
 other outpatient treatment programs deemed appropriate by the 
 court.  

    In all cases where the juvenile court finds that a child 
 has purchased or attempted to purchase an alcoholic beverage in 
 violation of section 340A.503, if the child has a driver's 
 license or permit to drive, and if the child used a driver's 
 license, permit or Minnesota identification card to purchase or 
 attempt to purchase the alcoholic beverage, the court shall 
 forward its finding in the case and the child's driver's license 
 or permit to the commissioner of public safety.  Upon receipt, 
 the commissioner shall suspend the child's license or permit for 
 a period of 90 days.  

    In all cases where the juvenile court finds that a child 
 has purchased or attempted to purchase tobacco in violation of 
 section 609.685, subdivision 3, if the child has a driver's 
 license or permit to drive, and if the child used a driver's 
 license, permit, or Minnesota identification card to purchase or 
 attempt to purchase tobacco, the court shall forward its finding 
 in the case and the child's driver's license or permit to the 
 commissioner of public safety.  Upon receipt, the commissioner 
 shall suspend the child's license or permit for a period of 90 
 days. 

    None of the dispositional alternatives described in clauses 
 (a) to (f) shall be imposed by the court in a manner which would 
 cause an undue hardship upon the child.  

    Subd. 3a.    Enhanced dispositions.  If the juvenile 
 court finds that a child has committed a second or subsequent 
 juvenile alcohol or controlled substance offense, the court may 
 impose any of the dispositional alternatives described in 
 paragraphs (a) to (c).  If the juvenile court finds that a child 
 has committed a second or subsequent juvenile tobacco offense, 
 the court may impose any of the dispositional alternatives 
 described in paragraphs (a) to (c). 

    (a) The court may impose any of the dispositional 
 alternatives described in subdivision 3, clauses (a) to (f). 

    (b) If the adjudicated petty offender has a driver's 
 license or permit, the court may forward the license or permit 
 to the commissioner of public safety.  The commissioner shall 
 revoke the petty offender's driver's license or permit until the 
 offender reaches the age of 18 years or for a period of one 
 year, whichever is longer. 

    (c) If the adjudicated petty offender has a driver's 
 license or permit, the court may suspend the driver's license or 
 permit for a period of up to 90 days, but may allow the offender 
 driving privileges as necessary to travel to and from work. 

    (d) If the adjudicated petty offender does not have a 
 driver's license or permit, the court may prepare an order of 
 denial of driving privileges.  The order must provide that the 
 petty offender will not be granted driving privileges until the 
 offender reaches the age of 18 years or for a period of one 
 year, whichever is longer.  The court shall forward the order to 
 the commissioner of public safety.  The commissioner shall deny 
 the offender's eligibility for a driver's license under section 
 171.04, for the period stated in the court order.  

    Subd. 4.    Alternative disposition.  In addition to 
 dispositional alternatives authorized by subdivision 3, in the 
 case of a third or subsequent finding by the court pursuant to 
 an admission in court or after trial that a child has committed 
 a juvenile alcohol or controlled substance offense, the juvenile 
 court shall order a chemical dependency evaluation of the child 
 and if warranted by the evaluation, the court may order 
 participation by the child in an inpatient or outpatient 
 chemical dependency treatment program, or any other treatment 
 deemed appropriate by the court.  

    Subd. 5.    Findings required.  Any order for 
 disposition authorized by this section shall contain written 
 findings of fact to support the disposition ordered, and shall 
 also set forth in writing the following information:  

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

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

    Subd. 6.    Report.  The juvenile court shall report to 
 the office of state court administrator each disposition made 
 under this section and sections 260.185, 260.191, and 260.192 
 where placement is made outside of this state's jurisdictional 
 boundaries.  Each report shall contain information as to date of 
 placement, length of anticipated placement, program costs, 
 reasons for out of state placement, and any other information as 
 the office requires to determine the number of out of state 
 placements, the reasons for these placements, and the costs 
 involved.  The report shall not contain the name of the child.  
 Any information contained in the reports relating to factors 
 identifying a particular child is confidential and may be 
 disclosed only by order of the juvenile court.  Any person 
 violating this subdivision as to release of this confidential 
 information is guilty of a misdemeanor.  

    Subd. 7.    Expungement.  The court may expunge the 
 adjudication of a child as a petty offender at any time it deems 
 advisable. 

    HIST: 1982 c 544 s 15; 1984 c 622 s 20; 1987 c 384 art 2 s 1; 
 1988 c 673 s 30; 1989 c 262 s 2,3; 1989 c 301 s 12; 1995 c 226 
 art 3 s 33,34; 1996 c 408 art 6 s 8; 1997 c 227 s 2,3 

  260.20 Repealed, 1959 c 685 s 53 

  260.21 Repealed, 1959 c 685 s 53 

     260.211 Effect of juvenile court proceedings. 

    Subdivision 1.  (a) No adjudication upon the status of any 
 child in the jurisdiction of the juvenile court shall operate to 
 impose any of the civil disabilities imposed by conviction, nor 
 shall any child be deemed a criminal by reason of this 
 adjudication, nor shall this adjudication be deemed a conviction 
 of crime, except as otherwise provided in this section or 
 section 260.215.  An extended jurisdiction juvenile conviction 
 shall be treated in the same manner as an adult felony criminal 
 conviction for purposes of the sentencing guidelines.  The 
 disposition of the child or any evidence given by the child in 
 the juvenile court shall not be admissible as evidence against 
 the child in any case or proceeding in any other court, except 
 that an adjudication may later be used to determine a proper 
 sentence, nor shall the disposition or evidence disqualify the 
 child in any future civil service examination, appointment, or 
 application. 

    (b) A person who was adjudicated delinquent for, or 
 convicted as an extended jurisdiction juvenile of, a crime of 
 violence as defined in section 624.712, subdivision 5, is not 
 entitled to ship, transport, possess, or receive a firearm until 
 ten years have elapsed since the person was discharged and 
 during that time the person was not convicted of any other crime 
 of violence.  A person who has received a relief of disability 
 under United States Code, title 18, section 925, is not subject 
 to the restrictions of this subdivision. 

    Subd. 2.  Nothing contained in this section shall be 
 construed to relate to subsequent proceedings in juvenile court, 
 nor shall preclude the juvenile court, under circumstances other 
 than those specifically prohibited in subdivision 1, from 
 disclosing information to qualified persons if the court 
 considers such disclosure to be in the best interests of the 
 child or of the administration of justice.  

    HIST: 1959 c 685 s 31; 1963 c 516 s 11; 1980 c 580 s 19; 1986 
 c 444; 1994 c 576 s 34 

     260.215 Juvenile court disposition bars criminal 
  proceeding. 

    Subdivision 1.    Certain violations not crimes.  A 
 violation of a state or local law or ordinance by a child before 
 becoming 18 years of age is not a crime unless the juvenile 
 court: 

    (1) certifies the matter in accordance with the provisions 
 of section 260.125; 

    (2) transfers the matter to a court in accordance with the 
 provisions of section 260.193; or 

    (3) convicts the child as an extended jurisdiction juvenile 
 and subsequently executes the adult sentence under section 
 260.126, subdivision 5. 

    Subd. 2.    Penalty.  Except for matters referred to the 
 prosecuting authority under the provisions of this section or to 
 a court in accordance with the provisions of section 260.193, 
 any peace officer knowingly bringing charges against a child in 
 a court other than a juvenile court for violating a state or 
 local law or ordinance is guilty of a misdemeanor.  This 
 subdivision does not apply to complaints brought for the 
 purposes of extradition. 

    HIST: 1959 c 685 s 32; 1994 c 576 s 35; 1995 c 226 art 3 s 35 

  260.22 Repealed, 1959 c 685 s 53 

     260.221 Termination of parental rights. 

    Subdivision 1.    Voluntary and involuntary.  The 
 juvenile court may upon petition, terminate all rights of a 
 parent to a child: 

    (a) with the written consent of a parent who for good cause 
 desires to terminate parental rights; or 

    (b) if it finds that one or more of the following 
 conditions exist: 

    (1) that the parent has abandoned the child; 

    (2) that the parent has substantially, continuously, or 
 repeatedly refused or neglected to comply with the duties 
 imposed upon that parent by the parent and child relationship, 
 including but not limited to providing the child with necessary 
 food, clothing, shelter, education, and other care and control 
 necessary for the child's physical, mental, or emotional health 
 and development, if the parent is physically and financially 
 able, and reasonable efforts by the social service agency have 
 failed to correct the conditions that formed the basis of the 
 petition; 

    (3) that a parent has been ordered to contribute to the 
 support of the child or financially aid in the child's birth and 
 has continuously failed to do so without good cause.  This 
 clause shall not be construed to state a grounds for termination 
 of parental rights of a noncustodial parent if that parent has 
 not been ordered to or cannot financially contribute to the 
 support of the child or aid in the child's birth; 

    (4) that a parent is palpably unfit to be a party to the 
 parent and child relationship because of a consistent pattern of 
 specific conduct before the child or of specific conditions 
 directly relating to the parent and child relationship either of 
 which are determined by the court to be of a duration or nature 
 that renders the parent unable, for the reasonably foreseeable 
 future, to care appropriately for the ongoing physical, mental, 
 or emotional needs of the child.  It is presumed that a parent 
 is palpably unfit to be a party to the parent and child 
 relationship upon a showing that: 

    (i) the child was adjudicated in need of protection or 
 services due to circumstances described in section 260.015, 
 subdivision 2a, clause (1), (2), (3), (5), or (8); and 

    (ii) the parent's parental rights to one or more other 
 children were involuntarily terminated under clause (1), (2), 
 (4), or (7), or under clause (5) if the child was initially 
 determined to be in need of protection or services due to 
 circumstances described in section 260.015, subdivision 2a, 
 clause (1), (2), (3), (5), or (8); 

    (5) that following upon a determination of neglect or 
 dependency, or of a child's need for protection or services, 
 reasonable efforts, under the direction of the court, have 
 failed to correct the conditions leading to the determination.  
 It is presumed that reasonable efforts under this clause have 
 failed upon a showing that: 

    (i) a child has resided out of the parental home under 
 court order for a cumulative period of more than one year within 
 a five-year period following an adjudication of dependency, 
 neglect, need for protection or services under section 260.015, 
 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 neglected and in foster care, and an order for disposition under 
 section 260.191, including adoption of the case plan required by 
 section 257.071; 

    (ii) conditions leading to the determination will not be 
 corrected within the reasonably foreseeable future.  It is 
 presumed that conditions leading to a child's out-of-home 
 placement will not be corrected in the reasonably foreseeable 
 future upon a showing that the parent or parents have not 
 substantially complied with the court's orders and a reasonable 
 case plan, and the conditions which led to the out-of-home 
 placement have not been corrected; and 

    (iii) reasonable efforts have been made by the social 
 service agency to rehabilitate the parent and reunite the family.

    This clause does not prohibit the termination of parental 
 rights prior to one year after a child has been placed out of 
 the home.  

    It is also presumed that reasonable efforts have failed 
 under this clause upon a showing that: 

    (i) the parent has been diagnosed as chemically dependent 
 by a professional certified to make the diagnosis; 

    (ii) the parent has been required by a case plan to 
 participate in a chemical dependency treatment program; 

    (iii) the treatment programs offered to the parent were 
 culturally, linguistically, and clinically appropriate; 

    (iv) the parent has either failed two or more times to 
 successfully complete a treatment program or has refused at two 
 or more separate meetings with a caseworker to participate in a 
 treatment program; and 

    (v) the parent continues to abuse chemicals.  

 Provided, that this presumption applies only to parents required 
 by a case plan to participate in a chemical dependency treatment 
 program on or after July 1, 1990; 

    (6) that a child has experienced egregious harm in the 
 parent's care which is of a nature, duration, or chronicity that 
 indicates a lack of regard for the child's well-being, such that 
 a reasonable person would believe it contrary to the best 
 interest of the child or of any child to be in the parent's 
 care; 

    (7) that in the case of a child born to a mother who was 
 not married to the child's father when the child was conceived 
 nor when the child was born the person is not entitled to notice 
 of an adoption hearing under section 259.49 and the person has 
 not registered with the fathers' adoption registry under section 
 259.52; 

    (8) that the child is neglected and in foster care; or 

    (9) that the parent has been convicted of a crime listed in 
 section 260.012, paragraph (b), clauses (1) to (3). 

    In an action involving an American Indian child, sections 
 257.35 to 257.3579 and the Indian Child Welfare Act, United 
 States Code, title 25, sections 1901 to 1923, control to the 
 extent that the provisions of this section are inconsistent with 
 those laws. 

    Subd. 1a.    Evidence of abandonment.  For purposes of 
 subdivision 1, paragraph (b), clause (1): 

    (a) Abandonment is presumed when: 

    (1) the parent has had no contact with the child on a 
 regular basis and not demonstrated consistent interest in the 
 child's well-being for six months and the social service agency 
 has made reasonable efforts to facilitate contact, unless the 
 parent establishes that an extreme financial or physical 
 hardship or treatment for mental disability or chemical 
 dependency or other good cause prevented the parent from making 
 contact with the child.  This presumption does not apply to 
 children whose custody has been determined under chapter 257 or 
 518; or 

    (2) the child is an infant under two years of age and has 
 been deserted by the parent under circumstances that show an 
 intent not to return to care for the child. 

    The court is not prohibited from finding abandonment in the 
 absence of the presumptions in clauses (1) and (2). 

    (b) The following are prima facie evidence of abandonment 
 where adoption proceedings are pending and there has been a 
 showing that the person was not entitled to notice of an 
 adoption proceeding under section 259.49: 

    (1) failure to register with the fathers' adoption registry 
 under section 259.52; or 

    (2) if the person registered with the fathers' adoption 
 registry under section 259.52: 

    (i) filing a denial of paternity within 30 days of receipt 
 of notice under section 259.52, subdivision 8; 

    (ii) failing to timely file an intent to claim parental 
 rights with entry of appearance form within 30 days of receipt 
 of notice under section 259.52, subdivision 10; or 

    (iii) timely filing an intent to claim parental rights with 
 entry of appearance form within 30 days of receipt of notice 
 under section 259.52, subdivision 10, but failing to initiate a 
 paternity action within 30 days of receiving the fathers' 
 adoption registry notice where there has been no showing of good 
 cause for the delay. 

    Subd. 1b.    Required termination of parental rights.  
 (a) The county attorney shall file a termination of parental 
 rights petition within 30 days of a child's placement in 
 out-of-home care if the child has been subjected to egregious 
 harm as defined in section 260.015, subdivision 29, is the 
 sibling of another child of the parent who was subjected to 
 egregious harm, or is an abandoned infant as defined in 
 subdivision 1a, paragraph (a), clause (2).  The local social 
 services agency shall concurrently identify, recruit, process, 
 and approve an adoptive family for the child.  If a termination 
 of parental rights petition has been filed by another party, the 
 local social services agency shall be joined as a party to the 
 petition.  If criminal charges have been filed against a parent 
 arising out of the conduct alleged to constitute egregious harm, 
 the county attorney shall determine which matter should proceed 
 to trial first, consistent with the best interests of the child 
 and subject to the defendant's right to a speedy trial. 

    (b) This requirement does not apply if the county attorney 
 determines and files with the court its determination that a 
 transfer of permanent legal and physical custody to a relative 
 is in the best interests of the child or there is a compelling 
 reason documented by the local social services agency that 
 filing the petition would not be in the best interests of the 
 child. 

    Subd. 1c.    Current foster care children.  The county 
 attorney shall file a termination of parental rights petition or 
 other permanent placement proceeding under section 260.191, 
 subdivision 3b, for all children determined to be in need of 
 protection or services who are placed in out-of-home care for 
 reasons other than care or treatment of the child's disability, 
 and who are in out-of-home placement on April 21, 1998, and have 
 been in out-of-home care for 15 of the most recent 22 months.  

    Subd. 2.    Adoptive parent.  For purposes of 
 subdivision 1, clause (a), an adoptive parent may not terminate 
 parental rights to an adopted child for a reason that would not 
 apply to a birth parent seeking termination of parental rights 
 to a child under subdivision 1, clause (a). 

    Subd. 3.    When prior finding required.  For purposes 
 of subdivision 1, clause (b), no prior judicial finding of 
 dependency, neglect, need for protection or services, or 
 neglected and in foster care is required, except as provided in 
 subdivision 1, clause (b), item (5). 

    Subd. 4.    Best interests of child paramount.  In any 
 proceeding under this section, the best interests of the child 
 must be the paramount consideration, provided that the 
 conditions in subdivision 1, clause (a), or at least one 
 condition in subdivision 1, clause (b), are found by the court.  
 In proceedings involving an American Indian child, as defined in 
 section 257.351, subdivision 6, the best interests of the child 
 must be determined consistent with the Indian Child Welfare Act 
 of 1978, United States Code, title 25, section 1901, et seq.  
 Where the interests of parent and child conflict, the interests 
 of the child are paramount.  

    Subd. 5.    Findings regarding reasonable efforts.  In 
 any proceeding under this section, the court shall make specific 
 findings: 

    (1) regarding the nature and extent of efforts made by the 
 social service agency to rehabilitate the parent and reunite the 
 family; 

    (2) that provision of services or further services for the 
 purpose of rehabilitation and reunification is futile and 
 therefore unreasonable under the circumstances; or 

    (3) that reasonable efforts at reunification are not 
 required as provided under section 260.012. 

    HIST: 1959 c 685 s 33; 1974 c 66 s 8; 1978 c 602 s 10; 1980 c 
 561 s 10; 1983 c 7 s 8; 1983 c 243 s 5 subd 8; 1986 c 444; 1987 
 c 187 s 5; 1988 c 514 s 8; 1988 c 673 s 31; 1989 c 208 s 3,4; 
 1990 c 542 s 15; 1993 c 291 s 23; 1994 c 631 s 31; 1995 c 242 s 
 1; 1996 c 416 s 16; 1997 c 218 s 10,11; 1997 c 239 art 6 s 
 29,30; 1998 c 382 art 2 s 15,16; 1998 c 406 art 1 s 34,37; 1998 
 c 407 art 9 s 33 

     260.225 Venue.  

    Venue for proceedings for the termination of parental 
 rights is either the county where the child resides or is found. 
 However, if a court has made an order under the provisions of 
 section 260.185 or 260.191, and the order is in force at the 
 time a petition for termination of parental rights is filed, the 
 court making the order shall hear the termination of parental 
 rights proceeding unless it transfers the proceeding in the 
 manner provided in section 260.121, subdivision 2.  

    HIST: 1959 c 685 s 34 

  260.23 Repealed, 1959 c 685 s 53 

     260.231 Procedures in terminating parental rights. 

    Subdivision 1.  Any reputable person, including but not 
 limited to any agent of the commissioner of human services, 
 having knowledge of circumstances which indicate that the rights 
 of a parent to a child should be terminated, may petition the 
 juvenile court in the manner provided in section 260.131, 
 subdivisions 2 and 3.  

    Subd. 2.  The termination of parental rights under the 
 provisions of section 260.221, shall be made only after a 
 hearing before the court, in the manner provided in section 
 260.155.  

    Subd. 3.  The court shall have notice of the time, place, 
 and purpose of the hearing served on the parents, as defined in 
 sections 257.51 to 257.74 or 259.49, subdivision 1, clause (2), 
 and upon the child's grandparent if the child has lived with the 
 grandparent within the two years immediately preceding the 
 filing of the petition.  Notice must be served in the manner 
 provided in sections 260.135 and 260.141, except that personal 
 service shall be made at least ten days before the day of the 
 hearing.  Published notice shall be made for three weeks, the 
 last publication to be at least ten days before the day of the 
 hearing; and notice sent by certified mail shall be mailed at 
 least 20 days before the day of the hearing.  A parent who 
 consents to the termination of parental rights under the 
 provisions of section 260.221, clause (a), may waive in writing 
 the notice required by this subdivision; however, if the parent 
 is a minor or incompetent the waiver shall be effective only if 
 the parent's guardian ad litem concurs in writing. 

    Subd. 4.  No parental rights of a minor or incompetent 
 parent may be terminated on consent of the parents under the 
 provisions of section 260.221, clause (a), unless the guardian 
 ad litem, in writing, joins in the written consent of the parent 
 to the termination of parental rights.  

    HIST: 1959 c 685 s 35; 1974 c 66 s 9; 1980 c 589 s 37; 1984 c 
 654 art 5 s 58; 1986 c 444; 1989 c 235 s 21; 1994 c 631 s 31 

     260.235 Disposition; parental rights not terminated. 

    If, after a hearing, the court does not terminate parental 
 rights but determines that the child is in need of protection or 
 services, or that the child is neglected and in foster care, the 
 court may find the child is in need of protection or services or 
 neglected and in foster care and may enter an order in 
 accordance with the provisions of section 260.191. 

    HIST: 1959 c 685 s 36; 1978 c 602 s 11; 1988 c 673 s 32 

  260.24 Repealed, 1959 c 685 s 53 

     260.241 Termination of parental rights; effect. 

    Subdivision 1.    Clear and convincing evidence; 
 termination standard.  If, after a hearing, the court finds by 
 clear and convincing evidence that one or more of the conditions 
 set out in section 260.221 exist, it may terminate parental 
 rights.  Upon the termination of parental rights all rights, 
 powers, privileges, immunities, duties, and obligations, 
 including any rights to custody, control, visitation, or support 
 existing between the child and parent shall be severed and 
 terminated and the parent shall have no standing to appear at 
 any further legal proceeding concerning the child.  Provided, 
 however, that a parent whose parental rights are terminated: 

    (1) shall remain liable for the unpaid balance of any 
 support obligation owed under a court order upon the effective 
 date of the order terminating parental rights; and 

    (2) may be a party to a communication or contact agreement 
 under section 259.58.  

    Subd. 2.    Order not affect benefits.  An order 
 terminating the parent and child relationship shall not 
 disentitle a child to any benefit due the child from any third 
 person, agency, state, or the United States, nor shall any 
 action under this section be deemed to affect any rights and 
 benefits that a child derives from the child's descent from a 
 member of a federally recognized Indian tribe.  

    Subd. 3.    Order; retention of jurisdiction.  (a) A 
 certified copy of the findings and the order terminating 
 parental rights, and a summary of the court's information 
 concerning the child shall be furnished by the court to the 
 commissioner or the agency to which guardianship is 
 transferred.  The orders shall be on a document separate from 
 the findings.  The court shall furnish the individual to whom 
 guardianship is transferred a copy of the order terminating 
 parental rights. 

    (b) The court shall retain jurisdiction in a case where 
 adoption is the intended permanent placement disposition.  The 
 guardian ad litem and counsel for the child shall continue on 
 the case until an adoption decree is entered.  A hearing must be 
 held every 90 days following termination of parental rights for 
 the court to review progress toward an adoptive placement and 
 the specific recruitment efforts the agency has taken to find an 
 adoptive family or other placement living arrangement for the 
 child and to finalize the adoption or other permanency plan. 

    (c) The court shall retain jurisdiction in a case where 
 long-term foster care is the permanent disposition.  The 
 guardian ad litem and counsel for the child must be dismissed 
 from the case on the effective date of the permanent placement 
 order.  However, the foster parent and the child, if of 
 sufficient age, must be informed how they may contact a guardian 
 ad litem if the matter is subsequently returned to court. 

    Subd. 4.  Upon entry of an order terminating the parental 
 rights of any person who is identified as a parent on the 
 original birth certificate of the child as to whom the parental 
 rights are terminated, the court shall cause written notice to 
 be made to that person setting forth: 

    (a) The right of the person to file at any time with the 
 state registrar of vital statistics a consent to disclosure, as 
 defined in section 144.212, subdivision 11; 

    (b) The right of the person to file at any time with the 
 state registrar of vital statistics an affidavit stating that 
 the information on the original birth certificate shall not be 
 disclosed as provided in section 144.1761; 

    (c) The effect of a failure to file either a consent to 
 disclosure, as defined in section 144.212, subdivision 11, or an 
 affidavit stating that the information on the original birth 
 certificate shall not be disclosed. 

    HIST: 1959 c 685 s 37; 1969 c 1014 s 1; 1977 c 181 s 4; 1980 c 
 561 s 11,12; 1Sp1981 c 4 art 1 s 129; 1997 c 112 s 6; 1997 c 239 
 art 6 s 31,32; 1998 c 406 art 1 s 35,37; 1998 c 407 art 9 s 34 

     260.242 Guardian. 

    Subdivision 1.    Termination requires transfer of legal 
 custody.  If the court terminates parental rights of both 
 parents or of the only known living parent, the court shall 
 order the guardianship and the legal custody of the child 
 transferred to:  

    (a) The commissioner of human services; or 

    (b) A licensed child-placing agency; or 

    (c) An individual who is willing and capable of assuming 
 the appropriate duties and responsibilities to the child.  

    Subd. 1a.    Protection of heritage or background.  In 
 ordering guardianship and transferring legal custody of the 
 child to an individual under this section, the court shall 
 comply with the provisions of section 260.181, subdivision 3.  

    Subd. 1b.    Both parents deceased.  If upon petition to 
 the juvenile court by a reputable person, including but not 
 limited to an agent of the commissioner of human services, and 
 upon hearing in the manner provided in section 260.155, the 
 court finds that both parents are deceased and no appointment 
 has been made or petition for appointment filed pursuant to 
 sections 525.615 to 525.6185, the court shall order the 
 guardianship and legal custody of the child transferred to:  

    (a) the commissioner of human services; 

    (b) a licensed child-placing agency; or 

    (c) an individual who is willing and capable of assuming 
 the appropriate duties and responsibilities to the child.  

    Subd. 2.    Guardian's responsibilities.  (a) A guardian 
 appointed under the provisions of this section has legal custody 
 of a ward unless the court which appoints the guardian gives 
 legal custody to some other person.  If the court awards custody 
 to a person other than the guardian, the guardian nonetheless 
 has the right and responsibility of reasonable visitation, 
 except as limited by court order.  

    (b) The guardian may make major decisions affecting the 
 person of the ward, including but not limited to giving consent 
 (when consent is legally required) to the marriage, enlistment 
 in the armed forces, medical, surgical, or psychiatric 
 treatment, or adoption of the ward.  When, pursuant to this 
 section, the commissioner of human services is appointed 
 guardian, the commissioner may delegate to the local social 
 services agency of the county in which, after the appointment, 
 the ward resides, the authority to act for the commissioner in 
 decisions affecting the person of the ward, including but not 
 limited to giving consent to the marriage, enlistment in the 
 armed forces, medical, surgical, or psychiatric treatment of the 
 ward. 

    (c) A guardianship created under the provisions of this 
 section shall not of itself include the guardianship of the 
 estate of the ward.  

    (d) If the ward is in foster care, the court shall, upon 
 its own motion or that of the guardian, conduct a dispositional 
 hearing within 18 months of the child's initial foster care 
 placement and once every 12 months thereafter to determine the 
 future status of the ward including, but not limited to, whether 
 the child should be continued in foster care for a specified 
 period, should be placed for adoption, or should, because of the 
 child's special needs or circumstances, be continued in foster 
 care on a long-term basis.  

    HIST: 1980 c 561 s 13; 1983 c 278 s 15; 1983 c 304 s 3,4; 1983 
 c 312 art 5 s 35; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 
 s 31; 1997 c 107 s 17 

     260.245 Change of guardian; termination of guardianship. 

    Upon its own motion or upon petition of an interested 
 party, the juvenile court having jurisdiction of the child may, 
 after notice to the parties and a hearing, remove the guardian 
 appointed by the juvenile court and appoint a new guardian in 
 accordance with the provisions of section 260.242, subdivision 
 1, clause (a), (b), or (c).  Upon a showing that the child is 
 emancipated, the court may discharge the guardianship.  Any 
 child 14 years of age or older who is not adopted but who is 
 placed in a satisfactory foster home, may, with the consent of 
 the foster parents, join with the guardian appointed by the 
 juvenile court in a petition to the court having jurisdiction of 
 the child to discharge the existing guardian and appoint the 
 foster parents as guardians of the child.  The authority of a 
 guardian appointed by the juvenile court terminates when the 
 individual under guardianship is no longer a minor or when 
 guardianship is otherwise discharged.  

    HIST: 1959 c 685 s 38; 1971 c 186 s 1; 1Sp1986 c 3 art 1 s 32 

  260.25 Repealed, 1959 c 685 s 53 

     260.251 Costs of care. 

    Subdivision 1.    Care, examination, or treatment.  (a) 
 Except where parental rights are terminated, 

    (1) whenever legal custody of a child is transferred by the 
 court to a local social services agency, or 

    (2) whenever legal custody is transferred to a person other 
 than the local social services agency, but under the supervision 
 of the local social services agency, 

    (3) whenever a child is given physical or mental 
 examinations or treatment under order of the court, and no 
 provision is otherwise made by law for payment for the care, 
 examination, or treatment of the child, these costs are a charge 
 upon the welfare funds of the county in which proceedings are 
 held upon certification of the judge of juvenile court. 

    (b) The court shall order, and the local social services 
 agency shall require, the parents or custodian of a child, while 
 the child is under the age of 18, to use the total income and 
 resources attributable to the child for the period of care, 
 examination, or treatment, except for clothing and personal 
 needs allowance as provided in section 256B.35, to reimburse the 
 county for the cost of care, examination, or treatment.  Income 
 and resources attributable to the child include, but are not 
 limited to, social security benefits, supplemental security 
 income (SSI), veterans benefits, railroad retirement benefits 
 and child support.  When the child is over the age of 18, and 
 continues to receive care, examination, or treatment, the court 
 shall order, and the local social services agency shall require, 
 reimbursement from the child for the cost of care, examination, 
 or treatment from the income and resources attributable to the 
 child less the clothing and personal needs allowance.  

    (c) If the income and resources attributable to the child 
 are not enough to reimburse the county for the full cost of the 
 care, examination, or treatment, the court shall inquire into 
 the ability of the parents to support the child and, after 
 giving the parents a reasonable opportunity to be heard, the 
 court shall order, and the local social services agency shall 
 require, the parents to contribute to the cost of care, 
 examination, or treatment of the child.  Except in delinquency 
 cases where the victim is a member of the child's immediate 
 family, when determining the amount to be contributed by the 
 parents, the court shall use a fee schedule based upon ability 
 to pay that is established by the local social services agency 
 and approved by the commissioner of human services.  In 
 delinquency cases where the victim is a member of the child's 
 immediate family, the court shall use the fee schedule, but may 
 also take into account the seriousness of the offense and any 
 expenses which the parents have incurred as a result of the 
 offense.  The income of a stepparent who has not adopted a child 
 shall be excluded in calculating the parental contribution under 
 this section. 

    (d) The court shall order the amount of reimbursement 
 attributable to the parents or custodian, or attributable to the 
 child, or attributable to both sources, withheld under chapter 
 518 from the income of the parents or the custodian of the 
 child.  A parent or custodian who fails to pay without good 
 reason may be proceeded against for contempt, or the court may 
 inform the county attorney, who shall proceed to collect the 
 unpaid sums, or both procedures may be used. 

    (e) If the court orders a physical or mental examination 
 for a child, the examination is a medically necessary service 
 for purposes of determining whether the service is covered by a 
 health insurance policy, health maintenance contract, or other 
 health coverage plan.  Court-ordered treatment shall be subject 
 to policy, contract, or plan requirements for medical 
 necessity.  Nothing in this paragraph changes or eliminates 
 benefit limits, conditions of coverage, copayments or 
 deductibles, provider restrictions, or other requirements in the 
 policy, contract, or plan that relate to coverage of other 
 medically necessary services. 

    Subd. 1a.    Cost of group foster care.  Whenever a 
 child is placed in a group foster care facility as provided in 
 section 260.185, subdivision 1, clause (b) or (c), item (5) or 
 260.191, subdivision 1, paragraph (b), clause (2) or (3), the 
 cost of providing the care shall, upon certification by the 
 juvenile court, be paid from the welfare fund of the county in 
 which the proceedings were held.  To reimburse the counties for 
 the costs of providing group foster care for delinquent children 
 and to promote the establishment of suitable group foster homes, 
 the state shall quarterly, from funds appropriated for that 
 purpose, reimburse counties 50 percent of the costs not paid by 
 federal and other available state aids and grants.  
 Reimbursement shall be prorated if the appropriation is 
 insufficient. 

    The commissioner of corrections shall establish procedures 
 for reimbursement and certify to the commissioner of finance 
 each county entitled to receive state aid under the provisions 
 of this subdivision.  Upon receipt of a certificate the 
 commissioner of finance shall issue a state warrant to the 
 county treasurer for the amount due, together with a copy of the 
 certificate prepared by the commissioner of corrections. 

    Subd. 2.    Court expenses.  The following expenses are 
 a charge upon the county in which proceedings are held upon 
 certification of the judge of juvenile court or upon such other 
 authorization provided by law: 

    (a) The fees and mileage of witnesses, and the expenses and 
 mileage of officers serving notices and subpoenas ordered by the 
 court, as prescribed by law. 

    (b) The expenses for travel and board of the juvenile court 
 judge when holding court in places other than the county seat. 

    (c) The expense of transporting a child to a place 
 designated by a child-placing agency for the care of the child 
 if the court transfers legal custody to a child-placing agency.  

    (d) The expense of transporting a minor to a place 
 designated by the court.  

    (e) Reasonable compensation for an attorney appointed by 
 the court to serve as counsel or guardian ad litem.  

    Subd. 3.    Legal settlement.  The county charged with 
 the costs and expenses under subdivisions 1 and 2 may recover 
 these costs and expenses from the county where the minor has 
 legal settlement for general assistance purposes by filing 
 verified claims which shall be payable as are other claims 
 against the county.  A detailed statement of the facts upon 
 which the claim is based shall accompany the claim.  If a 
 dispute relating to general assistance settlement arises, the 
 local social services agency of the county denying legal 
 settlement shall send a detailed statement of the facts upon 
 which the claim is denied together with a copy of the detailed 
 statement of the facts upon which the claim is based to the 
 commissioner of human services.  The commissioner shall 
 immediately investigate and determine the question of general 
 assistance settlement and shall certify findings to the local 
 social services agency of each county.  The decision of the 
 commissioner is final and shall be complied with unless, within 
 30 days thereafter, action is taken in district court as 
 provided in section 256.045. 

    Subd. 4.    Attorneys fees.  In proceedings in which 
 the court has appointed counsel pursuant to section 260.155, 
 subdivision 2, for a minor unable to employ counsel, the court 
 may inquire into the ability of the parents to pay for such 
 counsel's services and, after giving the parents a reasonable 
 opportunity to be heard, may order the parents to pay attorneys 
 fees. 

    Subd. 5.    Guardian ad litem fees.  In proceedings in 
 which the court appoints a guardian ad litem pursuant to section 
 260.155, subdivision 4, clause (a), the court may inquire into 
 the ability of the parents to pay for the guardian ad litem's 
 services and, after giving the parents a reasonable opportunity 
 to be heard, may order the parents to pay guardian fees. 

    HIST: 1959 c 685 s 39; 1969 c 769 s 2; 1973 c 492 s 14; 1974 c 
 270 s 1; 1974 c 406 s 46; 1975 c 131 s 1; 1975 c 210 s 2; 1976 c 
 2 s 86; 1976 c 163 s 57; 1980 c 509 s 105; 1983 c 274 s 11; 1984 
 c 606 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1989 c 209 art 2 s 
 1; 1989 c 282 art 2 s 168; 1993 c 326 art 6 s 4; 1994 c 631 s 31 

     260.255 Civil jurisdiction over persons contributing to 
  delinquency, status as a juvenile petty offender, or need for 
  protection or services; court orders. 

    Subdivision 1.    Jurisdiction.  The juvenile court has 
 civil jurisdiction over persons contributing to the delinquency, 
 status as a juvenile petty offender, or need for protection or 
 services of a child under the provisions of this section.  

    Subd. 1a.    Petition; order to show cause.  A request 
 for jurisdiction over a person described in subdivision 1 shall 
 be initiated by the filing of a verified petition by the county 
 attorney having jurisdiction over the place where the child is 
 found, resides, or where the alleged act of contributing 
 occurred.  A prior or pending petition alleging that the child 
 is delinquent, a juvenile petty offender, or in need of 
 protection or services is not a prerequisite to a petition under 
 this section.  The petition shall allege the factual basis for 
 the claim that the person is contributing to the child's 
 delinquency, status as a juvenile petty offender, or need for 
 protection or services.  If the court determines, upon review of 
 the verified petition, that probable cause exists to believe 
 that the person has contributed to the child's delinquency, 
 status as a juvenile petty offender, or need for protection or 
 services, the court shall issue an order to show cause why the 
 person should not be subject to the jurisdiction of the court.  
 The order to show cause and a copy of the verified petition 
 shall be served personally upon the person and shall set forth 
 the time and place of the hearing to be conducted under 
 subdivision 2.  

    Subd. 2.    Hearing.  (a) The court shall conduct a 
 hearing on the petition in accordance with the procedures 
 contained in paragraph (b).  

    (b) Hearings under this subdivision shall be without a jury.
 The rules of evidence promulgated pursuant to section 480.0591 
 and the provisions under section 260.156 shall apply.  In all 
 proceedings under this section, the court shall admit only 
 evidence that would be admissible in a civil trial.  When the 
 respondent is an adult, hearings under this subdivision shall be 
 open to the public.  Hearings shall be conducted within five 
 days of personal service of the order to show cause and may be 
 continued for a reasonable period of time if a continuance is in 
 the best interest of the child or in the interests of justice. 

    (c) At the conclusion of the hearing, if the court finds by 
 a fair preponderance of the evidence that the person has 
 contributed to the child's delinquency, status as a juvenile 
 petty offender, or need for protection or services, as defined 
 in section 260.315, the court may make any of the following 
 orders: 

    (1) restrain the person from any further act or omission in 
 violation of section 260.315; 

    (2) prohibit the person from associating or communicating 
 in any manner with the child; 

    (3) require the person to participate in evaluation or 
 services determined necessary by the court to correct the 
 conditions that contributed to the child's delinquency, status 
 as a juvenile petty offender, or need for protection or 
 services; 

    (4) require the person to provide supervision, treatment, 
 or other necessary care; 

    (5) require the person to pay restitution to a victim for 
 pecuniary damages arising from an act of the child relating to 
 the child's delinquency, status as a juvenile petty offender, or 
 need for protection or services; 

    (6) require the person to pay the cost of services provided 
 to the child or for the child's protection; or 

    (7) require the person to provide for the child's 
 maintenance or care if the person is responsible for the 
 maintenance or care, and direct when, how, and where money for 
 the maintenance or care shall be paid.  If the person is 
 receiving public assistance for the child's maintenance or care, 
 the court shall authorize the public agency responsible for 
 administering the public assistance funds to make payments 
 directly to vendors for the cost of food, shelter, medical care, 
 utilities, and other necessary expenses.  

    (d) An order issued under this section shall be for a fixed 
 period of time, not to exceed one year.  The order may be 
 renewed or modified prior to expiration upon notice and motion 
 when there has not been compliance with the court's order or the 
 order continues to be necessary to eliminate the contributing 
 behavior or to mitigate its effect on the child. 

    Subd. 3.    Criminal proceedings.  The county attorney 
 may bring both a criminal proceeding under section 260.315 and a 
 civil action under this section. 

    HIST: 1959 c 685 s 40; 1988 c 673 s 33; 1998 c 367 art 10 s 11 

  260.26 Repealed, 1959 c 685 s 53 

  260.261 Repealed, 1998 c 367 art 10 s 17 

  260.27 Renumbered 260.315 

     260.271 Violation of an order for protection. 

    Subdivision 1.    Violation; penalty.  Whenever an order 
 for protection is granted pursuant to section 260.133 or 
 260.191, subdivision 1b, restraining the person or excluding the 
 person from the residence, and the respondent or person to be 
 restrained knows of the order, violation of the order for 
 protection is a misdemeanor.  

    Subd. 2.    Arrest.  A peace officer shall arrest 
 without a warrant and take into custody a person whom the peace 
 officer has probable cause to believe has violated an order 
 granted pursuant to section 260.133 or 260.191, subdivision 1b, 
 restraining the person or excluding the person from the 
 residence, if the existence of the order can be verified by the 
 officer.  

    Subd. 3.    Contempt.  A violation of an order for 
 protection shall also constitute contempt of court and the 
 person violating the order shall be subject to the penalties for 
 contempt.  

    Subd. 4.    Order to show cause.  Upon the filing of an 
 affidavit by the agency or any peace officer, alleging that the 
 respondent has violated an order for protection granted pursuant 
 to section 260.133 or 260.191, subdivision 1b, the court may 
 issue an order to the respondent, requiring the respondent to 
 appear and show cause within 14 days why the respondent should 
 not be found in contempt of court.  The hearing may be held by 
 the court in any county in which the child or respondent 
 temporarily or permanently resides at the time of the alleged 
 violation.  

    A peace officer is not liable under section 609.43, clause 
 (1), for failure to perform a duty required by subdivision 2 of 
 this section.  

    HIST: 1984 c 573 s 7; 1986 c 444 

  260.28 Repealed, 1959 c 685 s 53 

     260.281 New evidence. 

    A child whose status has been adjudicated by a juvenile 
 court, or the child's parent, guardian, custodian or spouse may, 
 at any time within 15 days of the filing of the court's order, 
 petition the court for a rehearing on the ground that new 
 evidence has been discovered affecting the advisability of the 
 court's original adjudication or disposition.  Upon a showing 
 that such evidence does exist the court shall order that a new 
 hearing be held within 30 days, unless the court extends this 
 time period for good cause shown within the 30-day period, and 
 shall make such disposition of the case as the facts and the 
 best interests of the child warrant.  

    HIST: 1959 c 685 s 42; 1986 c 444; 1996 c 408 art 6 s 9 

  260.29 Repealed, 1959 c 685 s 53 

     260.291 Appeal. 

    Subdivision 1.    Persons entitled to appeal; procedure. 
  (a) An appeal may be taken by the aggrieved person from a 
 final order of the juvenile court affecting a substantial right 
 of the aggrieved person, including but not limited to an order 
 adjudging a child to be in need of protection or services, 
 neglected and in foster care, delinquent, or a juvenile traffic 
 offender.  The appeal shall be taken within 30 days of the 
 filing of the appealable order.  The court administrator shall 
 notify the person having legal custody of the minor of the 
 appeal.  Failure to notify the person having legal custody of 
 the minor shall not affect the jurisdiction of the appellate 
 court.  The order of the juvenile court shall stand, pending the 
 determination of the appeal, but the reviewing court may in its 
 discretion and upon application stay the order. 

    (b) An appeal may be taken by an aggrieved person from an 
 order of the juvenile court on the issue of certification of a 
 matter for prosecution under the laws and court procedures 
 controlling adult criminal violations.  Certification appeals 
 shall be expedited as provided by applicable rules. 

    Subd. 2.    Appeal.  The appeal from a juvenile court is 
 taken to the court of appeals as in civil cases, except as 
 provided in subdivision 1. 

    HIST: 1959 c 685 s 43; Ex1959 c 40 s 1; 1978 c 602 s 12; 1983 
 c 247 s 111; 1Sp1986 c 3 art 1 s 82; 1988 c 673 s 34; 1994 c 576 
 s 36; 1995 c 226 art 3 s 36 

  260.30 Repealed, 1959 c 685 s 53 

     260.301 Contempt. 

    Any person knowingly interfering with an order of the 
 juvenile court is in contempt of court.  However, a child who is 
 under the continuing jurisdiction of the court for reasons other 
 than having committed a delinquent act or a juvenile petty 
 offense may not be adjudicated as a delinquent solely on the 
 basis of having knowingly interfered with or disobeyed an order 
 of the court. 

    HIST: 1959 c 685 s 44; 1988 c 673 s 35; 1996 c 408 art 6 s 10 

  260.305 Repealed, 1974 c 322 s 26 

  260.31 Repealed, 1959 c 685 s 53 

    260.311 Subdivision 1. Renumbered 244.19, subd 1 

    Subd. 2. Renumbered 244.19, subd 2 

    Subd. 3. Renumbered 244.19, subd 3 

    Subd. 3a. Renumbered 244.19, subd 4 

    Subd. 4. Renumbered 244.19, subd 5 

    Subd. 5. Renumbered 244.19, subd 6 

    Subd. 6. Renumbered 244.19, subd 7 

    Subd. 7. Renumbered 244.19, subd 8 

     260.315 Criminal jurisdiction for contributing to need 
  for protection or services, status as a juvenile petty offender, 
  or delinquency. 

    Subdivision 1.    Crimes.  (a) Any person who by act, 
 word, or omission encourages, causes, or contributes to the need 
 for protection or services or delinquency of a child, or to a 
 child's status as a juvenile petty offender, is guilty of a 
 gross misdemeanor.  

    (b) This section does not apply to licensed social service 
 agencies and outreach workers who, while acting within the scope 
 of their professional duties, provide services to runaway 
 children. 

    Subd. 2.    Complaint; venue.  A complaint under this 
 section may be filed by the county attorney having jurisdiction 
 where the child is found, resides, or where the alleged act of 
 contributing occurred.  The complaint may be filed in either the 
 juvenile or criminal divisions of the district court.  A prior 
 or pending petition alleging that the child is delinquent, a 
 juvenile petty offender, or in need of protection or services is 
 not a prerequisite to a complaint or a conviction under this 
 section.  

    Subd. 3.    Affirmative defense.  If the child is 
 alleged to be delinquent or a juvenile petty offender, or if the 
 child's conduct is the basis for the child's need for protection 
 or services, it is an affirmative defense to a prosecution under 
 subdivision 1 if the defendant proves, by a preponderance of the 
 evidence, that the defendant took reasonable steps to control 
 the child's conduct.  

    HIST: (8662) 1917 c 397 s 27; 1927 c 192 s 7; 1953 c 436 s 1; 
 1983 c 217 s 1; 1984 c 588 s 3; 1988 c 673 s 36; 1989 c 208 s 5; 
 1998 c 367 art 10 s 12 

  260.32 Repealed, 1959 c 685 s 53 

  260.33 Repealed, 1959 c 685 s 53 

  260.34 Repealed, 1959 c 685 s 53 

     260.35 Tests, examinations. 

    Thereafter it shall be the duty of the commissioner of 
 human services through the bureau of child welfare and local 
 social services agencies to arrange for such tests, 
 examinations, and investigations as are necessary for the proper 
 diagnosis, classification, treatment, care, and disposition of 
 the child as necessity and the best interests of the child shall 
 from time to time require.  When it appears that a child found 
 to be in need of protection or services is sound of mind, free 
 from disease, and suitable for placement in a foster home for 
 care or adoption, the commissioner may so place the child or 
 delegate such duties to a child-placing agency accredited as 
 provided by law, or authorize the child's care in the county by 
 and under the supervision of the local social services agency. 

    HIST: 1941 c 159 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1988 
 c 673 s 37; 1994 c 631 s 31 

     260.36 Special provisions in certain cases. 

    When the commissioner of human services shall find that a 
 child transferred to the commissioner's guardianship after 
 parental rights to the child are terminated or that a child 
 committed to the commissioner's guardianship as a child in need 
 of protection or services is handicapped physically or whose 
 mentality has not been satisfactorily determined or who is 
 affected by habits, ailments, or handicaps that produce erratic 
 and unstable conduct, and is not suitable or desirable for 
 placement in a home for permanent care or adoption, the 
 commissioner of human services shall make special provision for 
 the child's care and treatment designed to the child, if 
 possible, for such placement or to become self-supporting.  The 
 facilities of the commissioner of human services and all state 
 treatment facilities, the Minnesota general hospital, and the 
 child guidance clinic of its psychopathic department, as well as 
 the facilities available through reputable clinics, private 
 child-caring agencies, and foster boarding homes, accredited as 
 provided by law, may be used as the particular needs of the 
 child may demand.  When it appears that the child is suitable 
 for permanent placement or adoption, the commissioner of human 
 services shall cause the child to be placed as provided in 
 section 260.35.  If the commissioner of human services is 
 satisfied that the child is mentally retarded the commissioner 
 may bring the child before the district court of the county 
 where the child is found or the county of the child's legal 
 settlement for examination and commitment as provided by law.  

    HIST: 1941 c 159 s 3; 1959 c 685 s 51; 1984 c 654 art 5 s 58; 
 1985 c 21 s 61; 1986 c 444; 1988 c 673 s 38; 1995 c 189 s 8; 
 1996 c 277 s 1 

  260.37 Repealed, 1959 c 685 s 53 

     260.38 Cost, payment. 

    In addition to the usual care and services given by public 
 and private agencies, the necessary cost incurred by the 
 commissioner of human services in providing care for such child 
 shall be paid by the county committing such child which, subject 
 to uniform rules established by the commissioner of human 
 services, may receive a reimbursement not exceeding one-half of 
 such costs from funds made available for this purpose by the 
 legislature during the period beginning July 1, 1985, and ending 
 December 31, 1985.  Beginning January 1, 1986, the necessary 
 cost incurred by the commissioner of human services in providing 
 care for the child must be paid by the county committing the 
 child.  Where such child is eligible to receive a grant of aid 
 to families with dependent children, Minnesota family investment 
 program-statewide or supplemental security income for the aged, 
 blind, and disabled, or a foster care maintenance payment under 
 title IV-E of the Social Security Act, United States Code, title 
 42, sections 670 to 676, the child's needs shall be met through 
 these programs.  

    HIST: 1941 c 159 s 5; 1947 c 81 s 2; 1953 c 54 s 1; 1955 c 81 
 s 1; 1973 c 717 s 21; 1984 c 654 art 5 s 58; 1985 c 248 s 70; 
 1Sp1985 c 9 art 2 s 77; 1986 c 444; 1997 c 85 art 4 s 23 

     260.39 Distribution of funds recovered for assistance 
  furnished.  

    When any amount shall be recovered from any source for 
 assistance furnished under the provisions of sections 260.011 to 
 260.301, 260.35, 260.36, and 260.38, there shall be paid into 
 the treasury of the state or county in the proportion in which 
 they have respectively contributed toward the total assistance 
 paid.  

    HIST: 1953 c 95 s 1; 1961 c 560 s 23 

     260.40 Age limit for benefits to children.  

    For purposes of any program for foster children or children 
 under state guardianship for which benefits are made available 
 on June 1, 1973, unless specifically provided therein, the age 
 of majority shall be 21 years of age.  

    HIST: 1973 c 725 s 89 

  260.41 Repealed, 1980 c 472 s 1 

  260.42 Repealed, 1980 c 472 s 1 

  260.43 Repealed, 1980 c 472 s 1 

  260.44 Repealed, 1980 c 472 s 1 

  260.45 Repealed, 1980 c 472 s 1 

  260.46 Repealed, 1980 c 472 s 1 

     260.51 Interstate Compact on Juveniles. 

    The governor is authorized and directed to execute a 
 compact on behalf of this state with any other state or states 
 legally joining therein in the form substantially as follows: 

                 INTERSTATE COMPACT ON JUVENILES 

    The contracting states solemnly agree: 

                            ARTICLE I 

    That juveniles who are not under proper supervision and 
 control, or who have absconded, escaped or run away, are likely 
 to endanger their own health, morals and welfare, and the 
 health, morals and welfare of others.  The cooperation of the 
 states party to this compact is therefore necessary to provide 
 for the welfare and protection of juveniles and of the public 
 with respect to 

    (1) cooperative supervision of delinquent juveniles on 
 probation or parole; 

    (2) the return, from one state to another, of delinquent 
 juveniles who have escaped or absconded; 

    (3) the return, from one state to another of nondelinquent 
 juveniles who have run away from home; and 

    (4) additional measures for the protection of juveniles and 
 of the public, which any two or more of the party states may 
 find desirable to undertake cooperatively.  In carrying out the 
 provisions of this compact the party states shall be guided by 
 the noncriminal, reformative and protective policies which guide 
 their laws concerning delinquent, neglected or dependent 
 juveniles generally.  It shall be the policy of the states party 
 to this compact to cooperate and observe their respective 
 responsibilities for the prompt return and acceptance of 
 juveniles and delinquent juveniles who become subject to the 
 provisions of this compact.  The provisions of this compact 
 shall be reasonably and liberally construed to accomplish the 
 foregoing purposes. 

                            ARTICLE II 

    That all remedies and procedures provided by this compact 
 shall be in addition to and not in substitution for other 
 rights, remedies and procedures, and shall not be in derogation 
 of parental rights and responsibilities. 

                           ARTICLE III 

    That, for the purposes of this compact, "delinquent 
 juvenile" means any juvenile who has been adjudged delinquent 
 and who, at the time the provisions of this compact are invoked, 
 is still subject to the jurisdiction of the court that has made 
 such adjudication or to the jurisdiction or supervision of an 
 agency or institution pursuant to an order of such court; 
 "probation or parole" means any kind of conditional release of 
 juveniles authorized under the laws of the states party hereto; 
 "court" means any court having jurisdiction over delinquent, 
 neglected or dependent children; "state" means any state, 
 territory or possession of the United States, the District of 
 Columbia, and the Commonwealth of Puerto Rico; and "residence" 
 or any variant thereof means a place at which a home or regular 
 place of abode is maintained. 

                            ARTICLE IV 

    (a) That the parent, guardian, person or agency entitled to 
 legal custody of a juvenile who has not been adjudged delinquent 
 but who has run away without the consent of such parent, 
 guardian, person or agency may petition the appropriate court in 
 the demanding state for the issuance of a requisition for his 
 return.  The petition shall state the name and age of the 
 juvenile, the name of the petitioner and the basis of 
 entitlement to the juvenile's custody, the circumstances of his 
 running away, his location if known at the time application is 
 made, and such other facts as may tend to show that the juvenile 
 who has run away is endangering his own welfare or the welfare 
 of others and is not an emancipated minor.  The petition shall 
 be verified by affidavit, shall be executed in duplicate, and 
 shall be accompanied by two certified copies of the document or 
 documents on which the petitioner's entitlement to the 
 juvenile's custody is based, such as birth certificates, letters 
 of guardianship, or custody decrees.  Such further affidavits 
 and other documents as may be deemed proper may be submitted 
 with such petition.  The judge of the court to which this 
 application is made may hold a hearing thereon to determine 
 whether for the purposes of this compact the petitioner is 
 entitled to the legal custody of the juvenile, whether or not it 
 appears that the juvenile has in fact run away without consent, 
 whether or not he is an emancipated minor, and whether or not it 
 is in the best interest of the juvenile to compel his return to 
 the state.  If the judge determines, either with or without a 
 hearing, that the juvenile should be returned, he shall present 
 to the appropriate court or to the executive authority of the 
 state where the juvenile is alleged to be located, a written 
 requisition for the return of such juvenile.  Such requisition 
 shall set forth the name and age of the juvenile, the 
 determination of the court that the juvenile has run away 
 without the consent of a parent, guardian, person or agency 
 entitled to his legal custody, and that it is in the best 
 interest and for the protection of such juvenile that he be 
 returned.  In the event that a proceeding for the adjudication 
 of the juvenile as a delinquent, neglected or dependent juvenile 
 is pending in the court at the time when such juvenile runs 
 away, the court may issue a requisition for the return of such 
 juvenile upon its own motion, regardless of the consent of the 
 parent, guardian, person or agency entitled to legal custody, 
 reciting therein the nature and circumstances of the pending 
 proceeding.  The requisition shall in every case be executed in 
 duplicate and shall be signed by the judge.  One copy of the 
 requisition shall be filed with the compact administrator of the 
 demanding state, there to remain on file subject to the 
 provisions of law governing records of such court.  Upon the 
 receipt of a requisition demanding the return of a juvenile who 
 has run away, the court or the executive authority to whom the 
 requisition is addressed shall issue an order to any peace 
 officer or other appropriate person directing him to take into 
 custody and detain such juvenile.  Such detention order must 
 substantially recite the facts necessary to the validity of its 
 issuance hereunder.  No juvenile detained upon such order shall 
 be delivered over to the officer whom the court demanding him 
 shall have appointed to receive him, unless he shall first be 
 taken forthwith before a judge of a court in the state, who 
 shall inform him of the demand made for his return, and who may 
 appoint counsel or guardian ad litem for him.  If the judge of 
 such court shall find that the requisition is in order, he shall 
 deliver such juvenile over to the officer whom the court 
 demanding him shall have appointed to receive him. The judge, 
 however, may fix a reasonable time to be allowed for the purpose 
 of testing the legality of the proceeding. 

    Upon reasonable information that a person is a juvenile who 
 has run away from another state party to this compact without 
 the consent of a parent, guardian, person or agency entitled to 
 his legal custody, such juvenile may be taken into custody 
 without a requisition and brought forthwith before a judge of 
 the appropriate court who may appoint counsel or guardian ad 
 litem for such juvenile and who shall determine after a hearing 
 whether sufficient cause exists to hold the person, subject to 
 the order of the court, for his own protection and welfare, for 
 such a time not exceeding 90 days as will enable his return to 
 another state party to this compact pursuant to a requisition 
 for his return from a court of that state.  If, at the time when 
 a state seeks the return of a juvenile who has run away, there 
 is pending in the state wherein he is found any criminal charge, 
 or any proceeding to have him adjudicated a delinquent juvenile 
 for an act committed in such state, or if he is suspected of 
 having committed within such state a criminal offense or an act 
 of juvenile delinquency, he shall not be returned without the 
 consent of such state until discharged from prosecution or other 
 form of proceeding, imprisonment, detention or supervision for 
 such offense or juvenile delinquency.  The duly accredited 
 officers of any state party to this compact, upon the 
 establishment of their authority and the identity of the 
 juvenile being returned, shall be permitted to transport such 
 juvenile through any and all states party to this compact, 
 without interference.  Upon his return to the state from which 
 he ran away, the juvenile shall be subject to such further 
 proceedings as may be appropriate under the laws of that state. 

    (b) That the state to which a juvenile is returned under 
 this Article shall be responsible for payment of the 
 transportation costs of such return. 

    (c) That "juvenile" as used in this Article means any 
 person who is a minor under the law of the state of residence of 
 the parent, guardian, person or agency entitled to legal custody 
 of such minor. 

                            ARTICLE V 

    (a) That the appropriate person or authority from whose 
 probation or parole supervision a delinquent juvenile has 
 absconded or from whose institutional custody he has escaped 
 shall present to the appropriate court or to the executive 
 authority of the state where the delinquent juvenile is alleged 
 to be located a written requisition for the return of such 
 delinquent juvenile.  Such requisition shall state the name and 
 age of the delinquent juvenile, the particulars of his 
 adjudication as a delinquent juvenile, the circumstances of the 
 breach of the terms of his probation or parole or of his escape 
 from an institution or agency vested with his legal custody or 
 supervision, and the location of such delinquent juvenile, if 
 known, at the time the requisition is made.  The requisition 
 shall be verified by affidavit, shall be executed in duplicate, 
 and shall be accompanied by two certified copies of the 
 judgment, formal adjudication, or order of commitment which 
 subjects such delinquent juvenile to probation or parole or to 
 the legal custody of the institution or agency concerned.  Such 
 further affidavits and other documents as may be deemed proper 
 may be submitted with such requisition.  One copy of the 
 requisition shall be filed with the compact administrator of the 
 demanding state, there to remain on file subject to the 
 provisions of law governing records of the appropriate court.  
 Upon the receipt of a requisition demanding the return of a 
 delinquent juvenile who has absconded or escaped, the court or 
 the executive authority to whom the requisition is addressed 
 shall issue an order to any peace officer or other appropriate 
 person directing him to take into custody and detain such 
 delinquent juvenile.  Such detention order must substantially 
 recite the facts necessary to the validity of its issuance 
 hereunder.  No delinquent juvenile detained upon such order 
 shall be delivered over to the officer whom the appropriate 
 person or authority demanding him shall have appointed to 
 receive him, unless he shall first be taken forthwith before a 
 judge of an appropriate court in the state, who shall inform him 
 of the demand made for his return and who may appoint counsel or 
 guardian ad litem for him. If the judge of such court shall find 
 that the requisition is in order, he shall deliver such 
 delinquent juvenile over to the officer whom the appropriate 
 person or authority demanding him shall have appointed to 
 receive him.  The judge, however, may fix a reasonable time to 
 be allowed for the purpose of testing the legality of the 
 proceeding. 

    Upon reasonable information that a person is a delinquent 
 juvenile who has absconded while on probation or parole, or 
 escaped from an institution or agency vested with his legal 
 custody or supervision in any state party to this compact, such 
 person may be taken into custody in any other state party to 
 this compact without a requisition.  But in such event, he must 
 be taken forthwith before a judge of the appropriate court, who 
 may appoint counsel or guardian ad litem for such person and who 
 shall determine, after a hearing, whether sufficient cause 
 exists to hold the person subject to the order of the court for 
 such a time, not exceeding 90 days, as will enable his detention 
 under a detention order issued on a requisition pursuant to this 
 Article.  If, at the time when a state seeks the return of a 
 delinquent juvenile who has either absconded while on probation 
 or parole or escaped from an institution or agency vested with 
 his legal custody or supervision, there is pending in the state 
 wherein he is detained any criminal charge or any proceeding to 
 have him adjudicated a delinquent juvenile for an act committed 
 in such state, or if he is suspected of having committed within 
 such state a criminal offense or an act of juvenile delinquency, 
 he shall not be returned without the consent of such state until 
 discharged from prosecution or other form of proceeding, 
 imprisonment, detention or supervision for such offense or 
 juvenile delinquency.  The duly accredited officers of any state 
 party to this compact, upon the establishment of their authority 
 and the identity of the delinquent juvenile being returned, 
 shall be permitted to transport such delinquent juvenile through 
 any and all states party to this compact, without interference.  
 Upon his return to the state from which he escaped or absconded, 
 the delinquent juvenile shall be subject to such further 
 proceedings as may be appropriate under the laws of that state. 

    (b) That the state to which a delinquent juvenile is 
 returned under this Article shall be responsible for payment of 
 the transportation costs of such return. 

                            ARTICLE VI 

    That any delinquent juvenile who has absconded while on 
 probation or parole, or escaped from an institution or agency 
 vested with his legal custody or supervision in any state party 
 to this compact, and any juvenile who has run away from any 
 state party to this compact, who is taken into custody without a 
 requisition in another state party to this compact under the 
 provisions of Article IV(a) or of Article V(a), may consent to 
 his immediate return to the state from which he absconded, 
 escaped or run away.  Such consent shall be given by the 
 juvenile or delinquent juvenile and his counsel or guardian ad 
 litem if any, by executing or subscribing a writing, in the 
 presence of a judge of the appropriate court, which states that 
 the juvenile or delinquent juvenile and his counsel or guardian 
 ad litem, if any, consent to his return to the demanding state.  
 Before such consent shall be executed or subscribed, however, 
 the judge, in the presence of counsel or guardian ad litem, if 
 any, shall inform the juvenile or delinquent juvenile of his 
 rights under this compact. When the consent has been duly 
 executed, it shall be forwarded to and filed with the compact 
 administrator of the state in which the court is located and the 
 judge shall direct the officer having the juvenile or delinquent 
 juvenile in custody to deliver him to the duly accredited 
 officer or officers of the state demanding his return, and shall 
 cause to be delivered to such officer or officers a copy of the 
 consent.  The court may, however, upon the request of the state 
 to which the juvenile or delinquent juvenile is being returned, 
 order him to return unaccompanied to such state and shall 
 provide him with a copy of such court order; in such event a 
 copy of the consent shall be forwarded to the compact 
 administrator of the state to which said juvenile or delinquent 
 juvenile is ordered to return. 

                           ARTICLE VII 

    (a) That the duly constituted judicial and administrative 
 authorities of a state party to this compact (herein called 
 "sending state") may permit any delinquent juvenile within such 
 state, placed on probation or parole, to reside in any other 
 state party to this compact (herein called "receiving state") 
 while on probation or parole, and the receiving state shall 
 accept such delinquent juvenile, if the parent, guardian or 
 person entitled to the legal custody of such delinquent juvenile 
 is residing or undertakes to reside within the receiving state.  
 Before granting such permission, opportunity shall be given to 
 the receiving state to make such investigations as it deems 
 necessary.  The authorities of the sending state shall send to 
 the authorities of the receiving state copies of pertinent court 
 orders, social case studies and all other available information 
 which may be of value to and assist the receiving state in 
 supervising a probationer or parolee under this compact.  A 
 receiving state, in its discretion, may agree to accept 
 supervision of a probationer or parolee in cases where the 
 parent, guardian or person entitled to legal custody of the 
 delinquent juvenile is not a resident of the receiving state, 
 and if so accepted the sending state may transfer supervision 
 accordingly. 

    (b) That each receiving state will assume the duties of 
 visitation and of supervision over any such delinquent juvenile 
 and in the exercise of those duties will be governed by the same 
 standards of visitation and supervision that prevail for its own 
 delinquent juveniles released on probation or parole. 

    (c) That, after consultation between the appropriate 
 authorities of the sending state and of the receiving state as 
 to the desirability and necessity of returning such a delinquent 
 juvenile, the duly accredited officers of a sending state may 
 enter a receiving state and there apprehend and retake any such 
 delinquent juvenile on probation or parole.  For that purpose, 
 no formalities will be required, other than establishing the 
 authority of the officer and the identity of the delinquent 
 juvenile to be retaken and returned.  The decision of the 
 sending state to retake a delinquent juvenile on probation or 
 parole shall be conclusive upon and not reviewable within the 
 receiving state, but if, at the time the sending state seeks to 
 retake a delinquent juvenile on probation or parole, there is 
 pending against him within the receiving state any criminal 
 charge or any proceeding to have him adjudicated a delinquent 
 juvenile for any act committed in such state, or if he is 
 suspected of having committed within such state a criminal 
 offense or an act of juvenile delinquency, he shall not be 
 returned without the consent of the receiving state until 
 discharged from prosecution or other form of proceeding, 
 imprisonment, detention or supervision for such offense or 
 juvenile delinquency.  The duly accredited officers of the 
 sending state shall be permitted to transport delinquent 
 juveniles being so returned through any and all states partly to 
 this compact, without interference. 

    (d) That the sending state shall be responsible under this 
 Article for paying the costs of transporting any delinquent 
 juvenile to the receiving state or of returning any delinquent 
 juvenile to the sending state. 

                           ARTICLE VIII 

    (a) That the provision of Articles IV(b), V(b), and VII(d) 
 of this compact shall not be construed to alter or affect any 
 internal relationship among the departments, agencies and 
 officers of and in the government of a party state, or between a 
 party state and its subdivisions, as to the payment of costs, or 
 responsibilities therefor. 

    (b) That nothing in this compact shall be construed to 
 prevent any party state or subdivision thereof from asserting 
 any right against any person, agency or other entity in regard 
 to cost for which such party state or subdivision thereof may be 
 responsible pursuant to Article IV(b), V(b) or VII(d) of this 
 compact. 

                            ARTICLE IX 

    That, to every extent possible, it shall be the policy of 
 states party to this compact that no juvenile or delinquent 
 juvenile shall be placed or detained in any prison, jail or 
 lockup nor be detained or transported in association with 
 criminal, vicious or dissolute persons. 

                            ARTICLE X 

    That the duly constituted administrative authorities of a 
 state party to this compact may enter into supplementary 
 agreements with any other state or states party hereto for the 
 cooperative care, treatment and rehabilitation of delinquent 
 juveniles whenever they shall find that such agreements will 
 improve the facilities or programs available for such care, 
 treatment and rehabilitation.  Such care, treatment and 
 rehabilitation may be provided in an institution located within 
 any state entering into such supplementary agreement.  Such 
 supplementary agreement shall (1) provide the rates to be paid 
 for the care, treatment and custody of such delinquent 
 juveniles, taking into consideration the character of 
 facilities, services and subsistence furnished; (2) provide that 
 the delinquent juvenile shall be given a court hearing prior to 
 his being sent to another state for care, treatment and custody; 
 (3) provide that the state receiving such a delinquent juvenile 
 in one of its institutions shall act solely as agent for the 
 state sending such delinquent juvenile; (4) provide that the 
 sending state shall at all times retain jurisdiction over 
 delinquent juveniles sent to an institution in another state; 
 (5) provide for reasonable inspection of such institutions by 
 the sending state; (6) provide that the consent of the parent, 
 guardian, person or agency entitled to the legal custody of said 
 delinquent juvenile shall be secured prior to his being sent to 
 another state; and (7) make provision for such other matters and 
 details as shall be necessary to protect the rights and equities 
 of such delinquent juveniles and of the cooperating states. 

                            ARTICLE XI 

    That any state party to this compact may accept any and all 
 donations, gifts and grants of money, equipment and services 
 from the federal or any local government, or any agency thereof 
 and from any person, firm or corporation, for any of the 
 purposes and functions of this compact, and may receive and 
 utilize the same subject to the terms, conditions and 
 regulations governing such donations, gifts and grants. 

                           ARTICLE XII 

    That the governor of each state party to this compact shall 
 designate an officer who, acting jointly with like officers of 
 other party states, shall promulgate rules and regulations to 
 carry out more effectively the terms and provisions of this 
 compact. 

                           ARTICLE XIII 

    That this compact shall become operative immediately upon 
 its execution by any state as between it and any other state or 
 states so executing.  When executed it shall have the full force 
 and effect of law within such state, the form of execution to be 
 in accordance with the laws of the executing state. 

                           ARTICLE XIV 

    That this compact shall continue in force and remain 
 binding upon each executing state until renounced by it.  
 Renunciation of this compact shall be by the same authority 
 which executed it, by sending six months' notice in writing of 
 its intention to withdraw from the compact to the other states 
 party hereto.  The duties and obligations of a renouncing state 
 under Article VII hereof shall continue as to parolees and 
 probationers residing therein at the time of withdrawal until 
 retaken or finally discharged.  Supplementary agreements entered 
 into under Article X hereof shall be subject to renunciation as 
 provided by such supplementary agreements, and shall not be 
 subject to the six months' renunciation notice of the present 
 Article. 

                            ARTICLE XV 

    That the provisions of this compact shall be severable and 
 if any phrase, clause, sentence or provision of this compact is 
 declared to be contrary to the constitution of any participating 
 state or of the United States or the applicability thereof to 
 any government, agency, person or circumstance is held invalid, 
 the validity of the remainder of this compact and the 
 applicability thereof to any government, agency, person or 
 circumstance shall not be affected thereby.  If this compact 
 shall be held contrary to the constitution of any state 
 participating therein, the compact shall remain in full force 
 and effect as to the remaining states and in full force and 
 effect as to the state affected as to all severable matters. 

                           ARTICLE XVI 

    (a) That this Article shall provide additional remedies, 
 and shall be binding only as among and between those party 
 states which specifically execute the same.  

    (b) For the purposes of this Article, "child," as used 
 herein, means any minor within the jurisdictional age limits of 
 any court in the home state.  

    (c) When any child is brought before a court of a state of 
 which the child is not a resident, and the state is willing to 
 permit the child's return to the home state of the child, the 
 home state, upon being so advised by the state in which the 
 proceeding is pending, shall immediately institute proceedings 
 to determine the residence and jurisdictional facts as to the 
 child in the home state, and upon finding that the child is in 
 fact a resident of that state and subject to the jurisdiction of 
 the court thereof, shall within five days authorize the return 
 of the child to the home state, and to the parent or custodial 
 agency legally authorized to accept the custody in the home 
 state, and at the expense of the state, to be paid from the 
 funds as the home state may procure, designate, or provide, 
 prompt action being of the essence.  

                           ARTICLE XVII 

    (a) This Article shall provide additional remedies, and 
 shall be binding only as among and between those party states 
 which specifically execute the same.  

    (b) All provisions and procedures of Articles V and VI of 
 the Interstate Compact on Juveniles shall be construed to apply 
 to any juvenile charged with being a delinquent by reason of a 
 violation of any criminal law.  Any juvenile, charged with being 
 a delinquent by reason of violating any criminal law shall be 
 returned to the requesting state upon a requisition to the state 
 where the juvenile may be found.  A petition in the case shall 
 be filed in a court of competent jurisdiction in the requesting 
 state where the violation of criminal law is alleged to have 
 been committed.  The petition may be filed regardless of whether 
 the juvenile has left the state before or after the filing of 
 the petition.  The requisition described in Article V of the 
 compact shall be forwarded by the judge of the court in which 
 the petition has been filed.  

    HIST: 1957 c 892 s 1; 1982 c 371 s 1 

     260.52 Definitions.  

    As used in the Interstate Compact on Juveniles, the 
 following words and phrases have the following meanings as to 
 this state: 

    (1) "Executive authority" means the compact administrator.  

    (2) The "appropriate court" of this state to issue a 
 requisition under Article IV of the compact is the juvenile 
 court of the county of the petitioner's residence, or, if the 
 petitioner is a child welfare agency, the juvenile court of the 
 county where it has its principal office, or, if the petitioner 
 is the state department of human services, any juvenile court in 
 the state.  

    (3) The "appropriate court" of this state to receive a 
 requisition under Article IV or V of the compact is the juvenile 
 court of the county where the juvenile is located.  

    HIST: 1957 c 892 s 2; 1984 c 654 art 5 s 58 

     260.53 Compact administrator.  

    (1) Pursuant to the Interstate Compact on Juveniles, the 
 governor is authorized to designate the commissioner of 
 corrections to be the compact administrator, who, acting jointly 
 with like officers of other party states, shall promulgate rules 
 to carry out more effectively the terms of the compact.  The 
 compact administrator shall serve subject to the pleasure of the 
 governor.  The compact administrator is authorized to cooperate 
 with all departments, agencies and officers of and in the 
 government of this state and its political subdivisions in 
 facilitating the proper administration of the compact or of any 
 supplementary agreement entered into by this state thereunder.  

    (2) The compact administrator shall determine for this 
 state whether to receive juvenile probationers and parolees of 
 other states pursuant to Article VII of the Interstate Compact 
 on Juveniles and shall arrange for the supervision of each such 
 probationer or parolee so received, either by the commissioner 
 of corrections or by a person appointed to perform supervision 
 service for the juvenile court of the county where the juvenile 
 is to reside, whichever is more convenient.  Such persons shall 
 in all such cases make periodic reports to the compact 
 administrator regarding the conduct and progress of such 
 juveniles.  

    HIST: 1957 c 892 s 3; 1974 c 125 s 1; 1986 c 444 

     260.54 Supplementary agreements.  

    The compact administrator is authorized to enter into 
 supplementary agreements with appropriate officials of other 
 states pursuant to Article X of the Interstate Compact on 
 Juveniles.  In the event that such supplementary agreement 
 requires or contemplates the use of any institution or facility 
 of this state or the provision of any service by this state, 
 said supplementary agreement shall have no effect until approved 
 by the department or agency under whose jurisdiction the 
 institution or facility is operated or which shall be charged 
 with the rendering of such service.  

    HIST: 1957 c 892 s 4 

     260.55 Expense of returning juveniles to state, payment. 

    The expense of returning juveniles to this state pursuant 
 to the Interstate Compact on Juveniles shall be paid as follows: 

    (1) In the case of a runaway under Article IV, the court 
 making the requisition shall inquire summarily regarding the 
 financial ability of the petitioner to bear the expense and if 
 it finds the petitioner is able to do so, shall order that the 
 petitioner pay all such expenses; otherwise the court shall 
 arrange for the transportation at the expense of the county and 
 order that the county reimburse the person, if any, who returns 
 the juvenile, for actual and necessary expenses; and the court 
 may order that the petitioner reimburse the county for so much 
 of said expense as the court finds the petitioner is able to 
 pay.  If the petitioner fails, without good cause, or refuses to 
 pay such sum, the petitioner may be proceeded against for 
 contempt.  

    (2) In the case of an escapee or absconder under Article V 
 or Article VI, if the juvenile is in the legal custody of the 
 commissioner of corrections the commissioner shall bear the 
 expense of the juvenile's return; otherwise the appropriate 
 court shall, on petition of the person or agency entitled to the 
 juvenile's custody or charged with the juvenile's supervision, 
 arrange for the transportation at the expense of the county and 
 order that the county reimburse the person, if any, who returns 
 the juvenile, for actual and necessary expenses.  In this 
 subsection "appropriate court" means the juvenile court which 
 adjudged the juvenile to be delinquent or, if the juvenile is 
 under supervision for another state under Article VII of the 
 compact, then the juvenile court of the county of the juvenile's 
 residence during such supervision.  

    (3) In the case of a voluntary return of a runaway without 
 requisition under Article VI, the person entitled to the 
 juvenile's legal custody shall pay the expense of transportation 
 and the actual and necessary expenses of the person, if any, who 
 returns such juvenile; but if financially unable to pay all the 
 expenses the person may petition the juvenile court of the 
 county of the petitioner's residence for an order arranging for 
 the transportation as provided in paragraph (1).  The court 
 shall inquire summarily into the financial ability of the 
 petitioner and, if it finds the petitioner is unable to bear any 
 or all of the expense, the court shall arrange for such 
 transportation at the expense of the county and shall order the 
 county to reimburse the person, if any, who returns the 
 juvenile, for actual and necessary expenses.  The court may 
 order that the petitioner reimburse the county for so much of 
 said expense as the court finds the petitioner is able to pay.  
 A petitioner who fails, without good cause, or refuses to pay 
 such sum may be proceeded against for contempt.  

    HIST: 1957 c 892 s 5; 1974 c 125 s 2; 1986 c 444 

     260.56 Counsel or guardian ad litem for juvenile, fees.  

    Any judge of this state who appoints counsel or a guardian 
 ad litem pursuant to the provisions of the Interstate Compact on 
 Juveniles may allow a reasonable fee to be paid by the county on 
 order of the court.  

    HIST: 1957 c 892 s 6; 1986 c 444 

     260.57 Enforcement.  

    The courts, departments, agencies and officers of this 
 state and its political subdivisions shall enforce the 
 Interstate Compact on Juveniles and shall do all things 
 appropriate to the effectuation of its purposes which may be 
 within their respective jurisdictions.  

    HIST: 1957 c 892 s 7