1999 Minnesota Statutes

     260C.178 Detention hearing. 

    Subdivision 1.    Hearing and release requirements.  (a) 
 If a child was taken into custody under section 260C.175, 
 subdivision 1, clause (a) or (b)(2), the court shall hold a 
 hearing within 72 hours of the time the child was taken into 
 custody, excluding Saturdays, Sundays, and holidays, to 
 determine whether the child should continue in custody.  

    (b) Unless there is reason to believe that the child would 
 endanger self or others, not return for a court hearing, run 
 away from the child's parent, guardian, or custodian or 
 otherwise not remain in the care or control of the person to 
 whose lawful custody the child is released, or that the child's 
 health or welfare would be immediately endangered, the child 
 shall be released to the custody of a parent, guardian, 
 custodian, or other suitable person, subject to reasonable 
 conditions of release including, but not limited to, a 
 requirement that the child undergo a chemical use assessment as 
 provided in section 260C.157, subdivision 1.  In determining 
 whether the child's health or welfare would be immediately 
 endangered, the court shall consider whether the child would 
 reside with a perpetrator of domestic child abuse.  In a 
 proceeding regarding a child in need of protection or services, 
 the court, before determining whether a child should continue in 
 custody, shall also make a determination, consistent with 
 section 260.012 as to whether reasonable efforts, or in the case 
 of an Indian child, active efforts, according to the Indian 
 Child Welfare Act of 1978, United States Code, title 25, section 
 1912(d), were made to prevent placement or to reunite the child 
 with the child's family, or that reasonable efforts were not 
 possible.  The court shall also determine whether there are 
 available services that would prevent the need for further 
 detention. 

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

    (c) At the detention hearing, or at any time prior to an 
 adjudicatory hearing and upon notice and request of the county 
 attorney, the court shall make the following determinations: 

    (1) whether a termination of parental rights petition has 
 been filed stating a prima facie case that: 

    (i) the parent has subjected a child to egregious harm as 
 defined in section 260C.007, subdivision 26; 

    (ii) the parental rights of the parent to another child 
 have been involuntarily terminated; or 

    (iii) the child is an abandoned infant under section 
 260C.301, subdivision 2, paragraph (a), clause (2); 

    (2) that the county attorney has determined not to proceed 
 with a termination of parental rights petition under section 
 260C.307; or 

    (3) whether a termination of parental rights petition or 
 other petition according to section 260C.201, subdivision 11, 
 has been filed alleging a prima facie case that the provision of 
 services or further services for the purpose of rehabilitation 
 and reunification is futile and therefore unreasonable under the 
 circumstances. 

    If the court determines that the county attorney is not 
 proceeding with a termination of parental rights petition under 
 section 260C.307, but is proceeding with a petition under 
 section 260C.201, subdivision 11, the court shall schedule a 
 permanency hearing within 30 days.  If the county attorney has 
 filed a petition under section 260C.307, the court shall 
 schedule a trial under section 260C.163 within 90 days of the 
 filing of the petition except when the county attorney 
 determines that the criminal case shall proceed to trial first 
 under section 260C.201, subdivision 3. 

    (d) If the court determines the child should be ordered 
 into out-of-home placement and the child's parent refuses to 
 give information to the responsible social services agency 
 regarding the child's father or relatives of the child, the 
 court may order the parent to disclose the names, addresses, 
 telephone numbers, and other identifying information to the 
 local social services agency for the purpose of complying with 
 the requirements of sections 260C.151, 260C.212, and 260C.215. 

    Subd. 2.    Duration.  If the court determines that the 
 child should continue in detention, it may order detention 
 continued for eight days, excluding Saturdays, Sundays and 
 holidays, from and including the date of the order.  The court 
 shall include in its order the reasons for continued detention 
 and the findings of fact which support these reasons.  

    Subd. 3.    Parental visitation.  If a child has been 
 taken into custody under section 260C.151, subdivision 5, or 
 260C.175, subdivision 1, clause (c)(2), and the court determines 
 that the child should continue in detention, the court shall 
 include in its order reasonable rules for supervised or 
 unsupervised parental visitation of the child in the shelter 
 care facility unless it finds that visitation would endanger the 
 child's physical or emotional well-being.  

    Subd. 4.    Mental health treatment.  (a) Except as 
 provided in paragraph (b), a child who is held in detention as 
 an alleged victim of child abuse as defined in section 630.36, 
 subdivision 2, may not be given mental health treatment 
 specifically for the effects of the alleged abuse until the 
 court finds that there is probable cause to believe the abuse 
 has occurred. 

    (b) A child described in paragraph (a) may be given mental 
 health treatment prior to a probable cause finding of child 
 abuse if the treatment is either agreed to by the child's parent 
 or guardian in writing, or ordered by the court according to the 
 standard contained in section 260C.201, subdivision 1.  

    Subd. 5.    Copies of order.  Copies of the court's 
 order shall be served upon the parties, including the supervisor 
 of the detention facility, who shall release the child or 
 continue to hold the child as the court orders. 

    When the court's order is served upon these parties, notice 
 shall also be given to the parties of the subsequent reviews 
 provided by subdivision 6.  The notice shall also inform each 
 party of the right to submit to the court for informal review 
 any new evidence regarding whether the child should be continued 
 in detention and to request a hearing to present the evidence to 
 the court.  

    Subd. 6.    Review.  If a child held in detention under 
 a court order issued under subdivision 2 has not been released 
 prior to expiration of the order, the court or referee shall 
 informally review the child's case file to determine, under the 
 standards provided by subdivision 1, whether detention should be 
 continued.  If detention is continued thereafter, informal 
 reviews such as these shall be held within every eight days, 
 excluding Saturdays, Sundays, and holidays, of the child's 
 detention. 

    A hearing, rather than an informal review of the child's 
 case file, shall be held at the request of any one of the 
 parties notified pursuant to subdivision 5, if that party 
 notifies the court of a wish to present to the court new 
 evidence concerning whether the child should be continued in 
 detention or notifies the court of a wish to present an 
 alternate placement arrangement to provide for the safety and 
 protection of the child. 

    In addition, if a child was taken into detention under 
 section 260C.151, subdivision 5, or 260C.175, subdivision 1, 
 clause (c)(2), and is held in detention under a court order 
 issued under subdivision 2, the court shall schedule and hold an 
 adjudicatory hearing on the petition within 60 days of the 
 detention hearing upon the request of any party to the 
 proceeding.  However, if good cause is shown by a party to the 
 proceeding why the hearing should not be held within that time 
 period, the hearing shall be held within 90 days, unless the 
 parties agree otherwise and the court so orders.  

    Subd. 7.    Case plan.  (a) A case plan required under 
 section 260C.212 shall be filed with the court within 30 days of 
 the filing of a petition alleging the child to be in need of 
 protection or services under section 260C.141. 

    (b) Upon the filing of the case plan, the court may approve 
 the case plan based on the allegations contained in the 
 petition.  A parent may agree to comply with the terms of the 
 case plan filed with the court. 

    (c) Upon notice and motion by a parent who agrees to comply 
 with the terms of a case plan, the court may modify the case and 
 order the responsible social services agency to provide other or 
 additional services for reunification, if reunification efforts 
 are required, and the court determines the agency's case plan 
 inadequate under section 260.012. 

    (d) Unless the parent agrees to comply with the terms of 
 the case plan, the court may not order a parent to comply with 
 the provisions of the case plan until the court makes a 
 determination under section 260C.201, subdivision 1. 

    HIST: 1999 c 139 art 3 s 19; art 4 s 2; 1999 c 245 art 8 s 
 52,53