2001 Minnesota Statutes

CHAPTER 260. Juveniles

  260.01 Repealed, 1959 c 685 s 53 

     260.011 Title, intent, and construction. 

    Subdivision 1.    Citation.  Sections 260.011 to 260.91 
 may be cited as general provisions of the Juvenile Court Act.  

    Subd. 2. Repealed, 1999 c 139 art 4 s 3 

    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; 1999 c 139 art 1 s 1 

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

    (a) Once a child alleged to be 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 services 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.  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 for rehabilitation and reunification are not 
 required upon a determination by the court that: 

    (1) 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 14; 

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

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

    (iv) the parent's custodial rights to another child have 
 been involuntarily transferred to a relative under section 
 260C.201, subdivision 11, paragraph (e), clause (1), or a 
 similar law of another jurisdiction; 

    (2) the county attorney has filed a determination not to 
 proceed with a termination of parental rights petition on these 
 grounds was made under section 260C.301, subdivision 3, 
 paragraph (b), and a permanency hearing is held within 30 days 
 of the determination; or 

    (3) 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 reunification is futile 
 and therefore unreasonable under the circumstances. 

    In the case of an Indian child, in proceedings under 
 sections 260B.178 or 260C.178, 260C.201, and 260C.301 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 services 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.  

    (1) Services may include those listed under section 
 256F.07, subdivision 3, and other appropriate services available 
 in the community.  

    (2) At each stage of the proceedings where the court is 
 required to review the appropriateness of the responsible social 
 services agency's reasonable efforts, the social services 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 or that 
 reasonable efforts aimed at reunification are not required under 
 this section.  The agency may meet this burden by stating facts 
 in a sworn petition filed under section 260C.141, or by filing 
 an affidavit summarizing the agency's reasonable efforts or 
 facts the agency believes demonstrate there is no need for 
 reasonable efforts to reunify the parent and child. 

    (3) No reasonable efforts for reunification are required 
 when the court makes a determination under paragraph (a) unless, 
 after a hearing according to section 260C.163, the court finds 
 there is not clear and convincing evidence of the facts upon 
 which the court based its prima facie determination.  In this 
 case, the court may proceed under section 260C.312.  
 Reunification of a surviving child with a parent is not required 
 if the parent has been convicted of: 

    (i) 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; 

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

    (iii) 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 
 260B.178 or 260C.178, 260C.201, and 260C.301 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 by the court to be inconsistent with 
 the permanent plan for the child, or upon a determination under 
 paragraph (a), reasonable efforts must be made to place the 
 child in a timely manner in accordance with the permanent plan 
 ordered by the court and to complete whatever steps are 
 necessary to finalize the permanent 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).  When 
 the responsible social services agency decides to concurrently 
 make reasonable efforts for both reunification and permanent 
 placement away from the parent under paragraphs (a) and (b), the 
 agency shall disclose its decision and both plans for concurrent 
 reasonable efforts to all parties and the court.  When the 
 agency discloses its decision to proceed on both plans for 
 reunification and permanent placement away from the parent, the 
 court's review of the agency's reasonable efforts shall include 
 the agency's efforts under 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; 
 1999 c 245 art 8 s 42; 2001 c 178 art 1 s 4,44 

  260.013 Repealed, 1999 c 139 art 4 s 3 

  260.015 Repealed, 1999 c 139 art 4 s 3 

     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 
 chapters 260, 260B, and 260C. 

    Subd. 3.  The chief judge shall designate any judge to hear 
 cases arising under chapters 260, 260B, and 260C 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; 1999 c 139 
 art 4 s 2 

  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 Repealed, 2001 c 78 s 4 

  260.023 Repealed, 2001 c 78 s 4 

  260.024 Repealed, 2001 c 78 s 4 

  260.025 Repealed, 2001 c 78 s 4 

  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 Repealed, 1999 c 139 art 4 s 3 

  260.094 Repealed, 1999 c 139 art 4 s 3 

  260.096 Repealed, 1999 c 139 art 4 s 3 

  260.10 Repealed, 1959 c 685 s 53 

  260.101 Repealed, 1999 c 139 art 4 s 3 

  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 Repealed, 1999 c 139 art 4 s 3 

  260.115 Repealed, 1999 c 139 art 4 s 3 

  260.12 Repealed, 1959 c 685 s 53 

  260.121 Repealed, 1999 c 139 art 4 s 3 

    260.125 Subdivision 1.  MS 1949 Renumbered 242.01 

    Subd. 2.  MS 1949 Renumbered 242.02 

    Subd. 3.  MS 1949 Renumbered 242.03 

    Subd. 4.  MS 1949 Renumbered 242.04 

    Subd. 5.  MS 1949 Renumbered 242.05 

    Subd. 6.  MS 1949 Renumbered 242.06 

    Subd. 7.  MS 1949 Renumbered 242.07 

    Subd. 8.  MS 1949 Renumbered 242.08 

    Subd. 9.  MS 1949 Renumbered 242.09 

    Subd. 10.  MS 1949 Renumbered 242.10 

    Subd. 11.  MS 1949 Renumbered 242.11 

    Subd. 12.  MS 1949 Renumbered 242.12 

    Subd. 13.  MS 1949 Renumbered 242.13 

    Subd. 14.  MS 1949 Renumbered 242.14 

    Subd. 15.  MS 1949 Renumbered 242.15 

    Subd. 16.  MS 1949 Renumbered 242.16 

    Subd. 17.  MS 1949 Renumbered 242.17 

    Subd. 18.  MS 1949 Renumbered 242.18 

    Subd. 19.  MS 1949 Renumbered 242.19 

    Subd. 20.  MS 1949 Renumbered 242.20 

    Subd. 21.  MS 1949 Renumbered 242.21 

    Subd. 22.  MS 1949 Renumbered 242.22 

    Subd. 23.  MS 1949 Renumbered 242.23 

    Subd. 24.  MS 1949 Renumbered 242.24 

    Subd. 25.  MS 1949 Renumbered 242.25 

    Subd. 26.  MS 1949 Renumbered 242.26 

    Subd. 27.  MS 1949 Renumbered 242.27 

    Subd. 28.  MS 1949 Renumbered 242.28 

    Subd. 29.  MS 1949 Renumbered 242.29 

    Subd. 30.  MS 1949 Renumbered 242.30 

    Subd. 31.  MS 1949 Renumbered 242.31 

    Subd. 32.  MS 1949 Renumbered 242.32 

    Subd. 33.  MS 1949 Renumbered 242.33 

    Subd. 34.  MS 1949 Renumbered 242.34 

    Subd. 35.  MS 1949 Renumbered 242.35 

    Subd. 36.  MS 1949 Renumbered 242.36 

    Subd. 37.  MS 1949 Renumbered 242.37 

  260.125 MS 1998 Repealed, 1999 c 139 art 4 s 3 

  260.126 Repealed, 1999 c 139 art 4 s 3 

  260.13 Repealed, 1959 c 685 s 53 

  260.131 Repealed, 1999 c 139 art 4 s 3 

  260.132 Repealed, 1999 c 139 art 4 s 3 

  260.133 Repealed, 1999 c 139 art 4 s 3 

  260.135 Repealed, 1999 c 139 art 4 s 3 

  260.14 Repealed, 1959 c 685 s 53 

  260.141 Repealed, 1999 c 139 art 4 s 3 

  260.145 Repealed, 1999 c 139 art 4 s 3 

  260.15 Repealed, 1959 c 685 s 53 

  260.151 Repealed, 1999 c 139 art 4 s 3 

     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 Repealed, 1999 c 139 art 4 s 3 

  260.156 Repealed, 1999 c 139 art 4 s 3; 2000 c 260 s 86 

  260.157 Repealed, 1999 c 139 art 4 s 3 

  260.16 Repealed, 1959 c 685 s 53 

  260.161 Repealed, 1999 c 139 art 4 s 3 

  260.162 Repealed, 1999 c 139 art 4 s 3 

  260.17 Repealed, 1959 c 685 s 53 

  260.171 Repealed, 1999 c 139 art 4 s 3 

  260.172 Repealed, 1999 c 139 art 4 s 3 

  260.173 Repealed, 1999 c 139 art 4 s 3 

  260.1735 Repealed, 1999 c 139 art 4 s 3 

  260.174 Repealed, 1999 c 139 art 4 s 3 

  260.175 Repealed, 1976 c 318 s 18 

  260.18 Repealed, 1959 c 685 s 53 

  260.181 Repealed, 1999 c 139 art 4 s 3 

  260.185 Repealed, 1999 c 139 art 4 s 3 

  260.19 Repealed, 1959 c 685 s 53 

  260.191 Repealed, 1999 c 139 art 4 s 3 

  260.192 Repealed, 1999 c 139 art 4 s 3 

  260.193 Repealed, 1999 c 139 art 4 s 3 

  260.194 Repealed, 1988 c 673 s 40 

  260.195 Repealed, 1999 c 139 art 4 s 3 

  260.20 Repealed, 1959 c 685 s 53 

  260.21 Repealed, 1959 c 685 s 53 

  260.211 Repealed, 1999 c 139 art 4 s 3 

  260.215 Repealed, 1999 c 139 art 4 s 3 

  260.22 Repealed, 1959 c 685 s 53 

  260.221 Repealed, 1999 c 139 art 4 s 3 

  260.225 Repealed, 1999 c 139 art 4 s 3; 2000 c 260 s 86 

  260.23 Repealed, 1959 c 685 s 53 

  260.231 Repealed, 1999 c 139 art 4 s 3; 2000 c 260 s 86 

  260.235 Repealed, 1999 c 139 art 4 s 3; 2000 c 260 s 86 

  260.24 Repealed, 1959 c 685 s 53 

  260.241 Repealed, 1999 c 139 art 4 s 3 

  260.242 Repealed, 1999 c 139 art 4 s 3 

  260.245 Repealed, 1999 c 139 art 4 s 3 

  260.25 Repealed, 1959 c 685 s 53 

  260.251 Repealed, 1999 c 139 art 4 s 3 

  260.255 Repealed, 1999 c 139 art 4 s 3 

  260.26 Repealed, 1959 c 685 s 53 

  260.261 Repealed, 1998 c 367 art 10 s 17; 1999 c 139 art 4 
  s 3 

  260.27 Renumbered 260.315 

  260.271 Repealed, 1999 c 139 art 4 s 3 

  260.28 Repealed, 1959 c 685 s 53 

  260.281 Repealed, 1999 c 139 art 4 s 3 

  260.29 Repealed, 1959 c 685 s 53 

  260.291 Repealed, 1999 c 139 art 4 s 3 

  260.30 Repealed, 1959 c 685 s 53 

  260.301 Repealed, 1999 c 139 art 4 s 3 

  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 Repealed, 1999 c 139 art 4 s 3 

  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 Repealed, 1999 c 139 art 4 s 3 

  260.36 Repealed, 1999 c 139 art 4 s 3 

  260.37 Repealed, 1959 c 685 s 53 

  260.38 Repealed, 1999 c 139 art 4 s 3; 2000 c 260 s 86 

  260.39 Repealed, 1999 c 139 art 4 s 3 

  260.40 Repealed, 1999 c 139 art 4 s 3 

  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 records, 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; 1Sp2001 c 9 art 15 s 32 

     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 on order of the court.  The 
 costs of the counsel must be paid by the county and the cost of 
 the guardian ad litem, if any, must be paid by the state courts, 
 except that the costs of counsel to a guardian ad litem in the 
 eighth judicial district shall be paid by the state courts until 
 the recommendations of the task force created in Laws 1999, 
 chapter 216, article 7, section 42, are implemented. 

    HIST: 1957 c 892 s 6; 1986 c 444; 1999 c 216 art 7 s 24 

*   NOTE:  Laws 1999, chapter 216, article 7, section 46, 
*subdivision 3, provides specific effective dates for the state 
*takeover of miscellaneous court costs under this section, as 
*amended by Laws 1999, chapter 216, article 7, section 24.

     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 

     260.751 Citation. 

    Sections 260.751 to 260.835 may be cited as the "Minnesota 
 Indian Family Preservation Act."  

    HIST: 1999 c 139 art 1 s 2 

     260.755 Definitions. 

    Subdivision 1.    Scope.  As used in sections 260.751 to 
 260.835, the following terms have the meanings given them.  

    Subd. 2.    Administrative review.  "Administrative 
 review" means review under section 260C.212.  

    Subd. 3.    Child placement proceeding.  "Child 
 placement proceeding" includes a judicial proceeding which could 
 result in the following: 

    (a) "Adoptive placement" means the permanent placement of 
 an Indian child for adoption, including an action resulting in a 
 final decree of adoption. 

    (b) "Involuntary foster care placement" means an action 
 removing an Indian child from its parents or Indian custodian 
 for temporary placement in a foster home, institution, or the 
 home of a guardian.  The parent or Indian custodian cannot have 
 the child returned upon demand, but parental rights have not 
 been terminated. 

    (c) "Preadoptive placement" means the temporary placement 
 of an Indian child in a foster home or institution after the 
 termination of parental rights, before or instead of adoptive 
 placement. 

    (d) "Termination of parental rights" means an action 
 resulting in the termination of the parent-child relationship 
 under section 260C.301. 

    The terms include placements based upon juvenile status 
 offenses, but do not include a placement based upon an act which 
 if committed by an adult would be deemed a crime, or upon an 
 award of custody in a divorce proceeding to one of the parents.  

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of human services.  

    Subd. 5.    Demand.  "Demand" means a written and 
 notarized statement signed by a parent or Indian custodian of a 
 child which requests the return of the child who has been 
 voluntarily placed in foster care.  

    Subd. 6.    Family-based services.  "Family-based 
 services" means intensive family-centered services to families 
 primarily in their own home and for a limited time.  

    Subd. 7.    Indian.  "Indian" means a person who is a 
 member of an Indian tribe or 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. 8.    Indian child.  "Indian child" 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. 9.    Indian child's tribe.  "Indian child's tribe"
 means the Indian tribe in which an Indian child is a member or 
 eligible for membership.  In the case of an Indian child who is 
 a member of or eligible for membership in more than one tribe, 
 the Indian child's tribe is the tribe with which the Indian 
 child has the most significant contacts.  If that tribe does not 
 express an interest in the outcome of the actions taken under 
 sections 260.751 to 260.835 with respect to the child, any other 
 tribe in which the child is eligible for membership that 
 expresses an interest in the outcome may act as the Indian 
 child's tribe.  

    Subd. 10.    Indian custodian.  "Indian custodian" means 
 an 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.  

    Subd. 11.    Indian organization.  "Indian organization" 
 means an organization providing child welfare services that is 
 legally incorporated as a nonprofit organization, is registered 
 with the secretary of state, and is governed by a board of 
 directors having at least a majority of Indian directors.  

    Subd. 12.    Indian tribe.  "Indian tribe" means an 
 Indian tribe, band, nation, or other organized group or 
 community of Indians recognized as eligible for the services 
 provided to Indians by the secretary because of their status as 
 Indians, including any band under the Alaska Native Claims 
 Settlement Act, United States Code, title 43, section 1602, and 
 exercising tribal governmental powers.  

    Subd. 13.    Local social services agency.  "Local 
 social services agency" means the local agency under the 
 authority of the county welfare or human services board or 
 county board of commissioners which is responsible for human 
 services.  

    Subd. 14.    Parent.  "Parent" means the biological 
 parent of an Indian child, or any Indian person who has lawfully 
 adopted an Indian child, including a person who has adopted a 
 child by tribal law or custom.  It does not include an unmarried 
 father whose paternity has not been acknowledged or established. 

    Subd. 15.    Permanency planning.  "Permanency planning" 
 means the systematic process of carrying out, within a short 
 time, a set of goal-oriented activities designed to help 
 children live in families that offer continuity of relationships 
 with nurturing parents or caretakers, and the opportunity to 
 establish lifetime relationships.  

    Subd. 16.    Placement prevention and family reunification 
 services.  "Placement prevention and family reunification 
 services" means services designed to help children remain with 
 their families or to reunite children with their parents.  

    Subd. 17.    Private child-placing agency.  "Private 
 child-placing agency" means a private organization, association, 
 or corporation providing assistance to children and parents in 
 their own homes and placing children in foster care or for 
 adoption.  

    Subd. 18.    Reservation.  "Reservation" means Indian 
 country as defined in United States Code, title 18, section 1151 
 and any lands which are either held by the United States in 
 trust for the benefit of an Indian tribe or individual, or held 
 by an Indian tribe or individual subject to a restriction by the 
 United States against alienation.  

    Subd. 19.    Secretary.  "Secretary" means the secretary 
 of the United States Department of the Interior.  

    Subd. 20.    Tribal court.  "Tribal court" means a court 
 with federally recognized jurisdiction over child custody 
 proceedings which is either a court of Indian offenses, or a 
 court established and operated under the code or custom of an 
 Indian tribe, or the administrative body of a tribe which is 
 vested with authority over child custody proceedings.  Except as 
 provided in section 260.771, subdivision 5, nothing in this 
 chapter shall be construed as conferring jurisdiction on an 
 Indian tribe.  

    Subd. 21.    Tribal social services agency.  "Tribal 
 social services agency" means the unit under authority of the 
 governing body of the Indian tribe which is responsible for 
 human services. 

    Subd. 22.    Voluntary foster care placement.  
 "Voluntary foster care placement" means a decision in which 
 there has been participation by a local social services agency 
 or private child-placing agency resulting in the temporary 
 placement of an Indian child away from the home of the child's 
 parents or Indian custodian in a foster home, institution, or 
 the home of a guardian, and the parent or Indian custodian may 
 have the child returned upon demand.  

    HIST: 1999 c 139 art 1 s 3 

     260.761 Social services agency and private licensed 
  child-placing agency notice to tribes. 

    Subdivision 1.    Determination of Indian child's tribe. 
  The local social services agency or private licensed 
 child-placing agency shall determine whether a child brought to 
 its attention for the purposes described in this section is an 
 Indian child and the identity of the Indian child's tribe.  

    Subd. 2.    Agency notice of potential out-of-home 
 placement.  When a local social services agency or private 
 child-placing agency determines that an Indian child is in a 
 dependent or other condition that could lead to an out-of-home 
 placement and requires the continued involvement of the agency 
 with the child for a period in excess of 30 days, the agency 
 shall send notice of the condition and of the initial steps 
 taken to remedy it to the Indian child's tribal social services 
 agency within seven days of the determination.  At this and any 
 subsequent stage of its involvement with an Indian child, the 
 agency shall, upon request, give the tribal social services 
 agency full cooperation including access to all files concerning 
 the child.  If the files contain confidential or private data, 
 the agency may require execution of an agreement with the tribal 
 social services agency that the tribal social services agency 
 shall maintain the data according to statutory provisions 
 applicable to the data.  This subdivision applies whenever the 
 court transfers legal custody of an Indian child under section 
 260B.198, subdivision 1, paragraph (c), clause (1), (2), or (3), 
 following an adjudication for a misdemeanor-level delinquent act.

    Subd. 3.    Notice of potential preadoptive or adoptive 
 placement.  In any voluntary adoptive or preadoptive placement 
 proceeding in which a local social services agency, private 
 child-placing agency, petitioner in the adoption, or any other 
 party has reason to believe that a child who is the subject of 
 an adoptive or preadoptive placement proceeding is or may be an 
 "Indian child," as defined in section 260.755, subdivision 8, 
 and United States Code, title 25, section 1903(4), the agency or 
 person shall notify the Indian child's tribal social services 
 agency by registered mail with return receipt requested of the 
 pending proceeding and of the right of intervention under 
 subdivision 6.  If the identity or location of the child's tribe 
 cannot be determined, the notice must be given to the United 
 States secretary of interior in like manner, who will have 15 
 days after receipt of the notice to provide the requisite notice 
 to the tribe.  No preadoptive or adoptive placement proceeding 
 may be held until at least ten days after receipt of the notice 
 by the tribe or secretary.  Upon request, the tribe must be 
 granted up to 20 additional days to prepare for the proceeding.  
 The agency or notifying party shall include in the notice the 
 identity of the birth parents and child absent written objection 
 by the birth parents.  The private child-placing agency shall 
 inform the birth parents of the Indian child of any services 
 available to the Indian child through the child's tribal social 
 services agency, including child placement services, and shall 
 additionally provide the birth parents of the Indian child with 
 all information sent from the tribal social services agency in 
 response to the notice.  

    Subd. 4.    Unknown father.  If the local social 
 services agency, private child-placing agency, the court, 
 petitioner, or any other party has reason to believe that a 
 child who is the subject of an adoptive placement proceeding is 
 or may be an Indian child but the father of the child is unknown 
 and has not registered with the fathers' adoption registry 
 pursuant to section 259.52, the agency or person shall provide 
 to the tribe believed to be the Indian child's tribe information 
 sufficient to enable the tribe to determine the child's 
 eligibility for membership in the tribe, including, but not 
 limited to, the legal and maiden name of the birth mother, her 
 date of birth, the names and dates of birth of her parents and 
 grandparents, and, if available, information pertaining to the 
 possible identity, tribal affiliation, or location of the birth 
 father.  

    Subd. 5.    Proof of service of notice upon tribe or 
 secretary.  In cases where an agency or party to an adoptive 
 placement knows or has reason to believe that a child is or may 
 be an Indian child, proof of service upon the child's tribe or 
 the secretary of interior must be filed with the adoption 
 petition.  

    Subd. 6.    Indian tribe's right of intervention.  In 
 any state court proceeding for the voluntary adoptive or 
 preadoptive placement of an Indian child, the Indian child's 
 tribe shall have a right to intervene at any point in the 
 proceeding.  

    Subd. 7.    Identification of extended family members.  
 Any agency considering placement of an Indian child shall make 
 reasonable efforts to identify and locate extended family 
 members.  

    HIST: 1999 c 139 art 1 s 4 

     260.765 Voluntary foster care placement. 

    Subdivision 1.    Determination of Indian child's tribe. 
  The local social services agency or private licensed 
 child-placing agency shall determine whether a child brought to 
 its attention for the purposes described in this section is an 
 Indian child and the identity of the Indian child's tribe.  

    Subd. 2.    Notice.  When an Indian child is voluntarily 
 placed in foster care, the local social services agency involved 
 in the decision to place the child shall give notice of the 
 placement to the child's parents, tribal social services agency, 
 and the Indian custodian within seven days of placement, 
 excluding weekends and holidays. 

    If a private licensed child-placing agency makes a 
 temporary voluntary foster care placement pending a decision on 
 adoption by a parent, notice of the placement shall be given to 
 the child's parents, tribal social services agency, and the 
 Indian custodian upon the filing of a petition for termination 
 of parental rights or three months following the temporary 
 placement, whichever occurs first. 

    At this and any subsequent stage of its involvement with an 
 Indian child, the agency shall, upon request, give the tribal 
 social services agency full cooperation including access to all 
 files concerning the child.  If the files contain confidential 
 or private data, the agency may require execution of an 
 agreement with the tribal social services agency that the tribal 
 social services agency shall maintain the data according to 
 statutory provisions applicable to the data.  

    Subd. 3.    Notice of administrative review.  In an 
 administrative review of a voluntary foster care placement, the 
 tribal social services agency of the child, the Indian 
 custodian, and the parents of the child shall have notice and a 
 right of participation in the review.  

    Subd. 4.    Return of child in voluntary placement.  
 Upon demand by the parent or Indian custodian of an Indian 
 child, the local social services agency or private licensed 
 child-placing agency shall return the child in voluntary foster 
 care placement to the parent or Indian custodian within 24 hours 
 of the receipt of the demand.  If the request for return does 
 not satisfy the requirement of section 260.755, subdivision 5, 
 the local social services agency or private child-placing agency 
 shall immediately inform the parent or Indian custodian of the 
 Indian child of the requirement.  

    Subd. 5.    Identification of extended family members.  
 Any agency considering placement of an Indian child shall make 
 reasonable efforts to identify and locate extended family 
 members.  

    HIST: 1999 c 139 art 1 s 5 

     260.771 Child placement proceedings. 

    Subdivision 1.    Indian tribe jurisdiction.  An Indian 
 tribe with a tribal court has exclusive jurisdiction over a 
 child placement proceeding involving an Indian child who resides 
 within the reservation of such tribe at the commencement of the 
 proceedings.  When an Indian child is in the legal custody of a 
 person or agency pursuant to an order of a tribal court, the 
 Indian tribe retains exclusive jurisdiction, notwithstanding the 
 residence or domicile of the child.  

    Subd. 2.    Court determination of tribal affiliation of 
 child.  In any child placement proceeding, the court shall 
 establish whether an Indian child is involved and the identity 
 of the Indian child's tribe.  

    Subd. 3.    Transfer of proceedings.  In a proceeding 
 for the termination of parental rights or involuntary foster 
 care placement of an Indian child not within the jurisdiction of 
 subdivision 1, the court, in the absence of good cause to the 
 contrary, shall transfer the proceeding to the jurisdiction of 
 the tribe absent objection by either parent, upon the petition 
 of either parent or the Indian custodian or the Indian child's 
 tribe.  The transfer shall be subject to declination by the 
 tribal court of such tribe.  

    Subd. 4.    Effect of tribal court placement orders.  To 
 the extent that any child subject to sections 260.755 to 260.835 
 is otherwise eligible for social services, orders of a tribal 
 court concerning placement of such child shall have the same 
 force and effect as orders of a court of this state.  In any 
 case where the tribal court orders placement through a local 
 social services agency, the court shall provide to the local 
 agency notice and an opportunity to be heard regarding the 
 placement.  Determination of county of financial responsibility 
 for the placement shall be determined by the local social 
 services agency in accordance with section 256G.02, subdivision 
 4.  Disputes concerning the county of financial responsibility 
 shall be settled in the manner prescribed in section 256G.09.  

    Subd. 5.    Indian tribe agreements.  The commissioner 
 is hereby authorized to enter into agreements with Indian tribes 
 pursuant to United States Code, title 25, section 1919, 
 respecting care and custody of Indian children and jurisdiction 
 over child custody proceedings, including agreements which may 
 provide for orderly transfer of jurisdiction on a case-by-case 
 basis and agreements which provide for concurrent jurisdiction 
 between the state and an Indian tribe.  

    HIST: 1999 c 139 art 1 s 6 

     260.775 Placement records. 

    The commissioner of human services shall publish annually 
 an inventory of all Indian children in residential facilities. 
 The inventory shall include, by county and statewide, 
 information on legal status, living arrangement, age, sex, tribe 
 in which the child is a member or eligible for membership, 
 accumulated length of time in foster care, and other demographic 
 information deemed appropriate concerning all Indian children in 
 residential facilities.  The report must also state the extent 
 to which authorized child-placing agencies comply with the order 
 of preference described in United States Code, title 25, section 
 1901, et seq.  

    HIST: 1999 c 139 art 1 s 7 

     260.781 Records; information availability. 

    Subdivision 1.    Court decree information.  A state 
 court entering a final decree or order in an Indian child 
 adoptive placement shall provide the department of human 
 services and the child's tribal social services agency with a 
 copy of the decree or order together with such other information 
 to show: 

    (1) the name and tribal affiliation of the child; 

    (2) the names and addresses of the biological parents; 

    (3) the names and addresses of the adoptive parents; and 

    (4) the identity of any agency having files or information 
 relating to the adoptive placement. 

    If the court records contain an affidavit of the biological 
 or adoptive parent or parents requesting anonymity, the court 
 shall delete the name and address of the biological or adoptive 
 parents from the information sent to the child's tribal social 
 services agency.  

    Subd. 2.    Disclosure of records.  Upon the request of 
 an adopted Indian person over the age of 18, the adoptive or 
 foster parents of an Indian person, or an Indian tribal social 
 services agency, the department of human services shall disclose 
 to the Indian person's tribe information necessary for 
 membership of an Indian person in the tribe in which the person 
 may be eligible for membership or for determining any rights or 
 benefits associated with that membership.  When the documents 
 relating to the person contain an affidavit from the biological 
 or adoptive parent or parents requesting anonymity, the 
 department must use the procedures described in United States 
 Code, title 25, section 1951, paragraph (b).  

    HIST: 1999 c 139 art 1 s 8 

     260.785 Indian child welfare grants. 

    Subdivision 1.    Primary support grants.  The 
 commissioner shall establish direct grants to Indian tribes, 
 Indian organizations, and tribal social services agency programs 
 located off-reservation that serve Indian children and their 
 families to provide primary support for Indian child welfare 
 programs to implement the Indian Family Preservation Act.  

    Subd. 2.    Special focus grants.  The commissioner 
 shall establish direct grants to local social services agencies, 
 tribes, Indian organizations, and other organizations for 
 placement prevention and family reunification services for 
 Indian children.  

    Subd. 3.    Compliance grants.  The commissioner shall 
 establish direct grants to an Indian child welfare defense 
 corporation, as defined in section 611.216, subdivision 1a, to 
 promote statewide compliance with the Indian Family Preservation 
 Act and the Indian Child Welfare Act, United States Code, title 
 25, section 1901, et seq.  The commissioner shall give priority 
 consideration to applicants with demonstrated capability of 
 providing legal advocacy services statewide.  

    Subd. 4.    Request for proposals.  The commissioner 
 shall request proposals for grants under subdivisions 1, 2, and 
 3, and specify the information and criteria required.  

    HIST: 1999 c 139 art 1 s 9 

     260.791 Grant applications. 

    A tribe, Indian organization, or tribal social services 
 agency program located off-reservation may apply for primary 
 support grants under section 260.785, subdivision 1.  A local 
 social services agency, tribe, Indian organization, or other 
 social service organization may apply for special focus grants 
 under section 260.785, subdivision 2.  Civil legal service 
 organizations eligible for grants under section 260.785, 
 subdivision 3, may apply for grants under that section.  
 Application may be made alone or in combination with other 
 tribes or Indian organizations.  

    HIST: 1999 c 139 art 1 s 10; art 4 s 2 

     260.795 Eligible services. 

    Subdivision 1.    Types of services.  (a) Eligible 
 Indian child welfare services provided under primary support 
 grants include: 

    (1) placement prevention and reunification services; 

    (2) family-based services; 

    (3) individual and family counseling; 

    (4) access to professional individual, group, and family 
 counseling; 

    (5) crisis intervention and crisis counseling; 

    (6) development of foster and adoptive placement resources, 
 including recruitment, licensing, and support; 

    (7) court advocacy; 

    (8) training and consultation to county and private social 
 services agencies regarding the Indian Child Welfare Act and the 
 Minnesota Indian Family Preservation Act; 

    (9) advocacy in working with the county and private social 
 services agencies, and activities to help provide access to 
 agency services, including but not limited to 24-hour caretaker 
 and homemaker services, day care, emergency shelter care up to 
 30 days in 12 months, access to emergency financial assistance, 
 and arrangements to provide temporary respite care to a family 
 for up to 72 hours consecutively or 30 days in 12 months; 

    (10) transportation services to the child and parents to 
 prevent placement or reunite the family; and 

    (11) other activities and services approved by the 
 commissioner that further the goals of the Indian Child Welfare 
 Act and the Indian Family Preservation Act, including but not 
 limited to recruitment of Indian staff for local social services 
 agencies and licensed child-placing agencies.  The commissioner 
 may specify the priority of an activity and service based on its 
 success in furthering these goals. 

    (b) Eligible services provided under special focus grants 
 include: 

    (1) permanency planning activities that meet the special 
 needs of Indian families; 

    (2) teenage pregnancy; 

    (3) independent living skills; 

    (4) family and community involvement strategies to combat 
 child abuse and chronic neglect of children; 

    (5) coordinated child welfare and mental health services to 
 Indian families; 

    (6) innovative approaches to assist Indian youth to 
 establish better self-image, decrease isolation, and decrease 
 the suicide rate; 

    (7) expanding or improving services by packaging and 
 disseminating information on successful approaches or by 
 implementing models in Indian communities relating to the 
 development or enhancement of social structures that increase 
 family self-reliance and links with existing community 
 resources; 

    (8) family retrieval services to help adopted individuals 
 reestablish legal affiliation with the Indian tribe; and 

    (9) other activities and services approved by the 
 commissioner that further the goals of the Indian Child Welfare 
 Act and the Indian Family Preservation Act.  The commissioner 
 may specify the priority of an activity and service based on its 
 success in furthering these goals. 

    (c) The commissioner shall give preference to programs that 
 use Indian staff, contract with Indian organizations or tribes, 
 or whose application is a joint effort between the Indian and 
 non-Indian community to achieve the goals of the Indian Child 
 Welfare Act and the Minnesota Indian Family Preservation Act.  
 Programs must have input and support from the Indian community.  

    Subd. 2.    Inappropriate expenditures.  Indian child 
 welfare grant money must not be used for: 

    (1) child day care necessary solely because of employment 
 or training for employment of a parent or other relative with 
 whom the child is living; 

    (2) foster care maintenance or difficulty of care payments; 

    (3) residential facility payments; 

    (4) adoption assistance payments; 

    (5) public assistance payments for Minnesota family 
 investment program assistance, supplemental aid, medical 
 assistance, general assistance, general assistance medical care, 
 or community health services authorized by sections 145A.01 to 
 145A.14; or 

    (6) administrative costs for income maintenance staff.  

    Subd. 3.    Revenue enhancement.  The commissioner shall 
 submit claims for federal reimbursement earned through the 
 activities and services supported through Indian child welfare 
 grants.  The commissioner may set aside a portion of the federal 
 funds earned under this subdivision to establish and support a 
 new Indian child welfare position in the department of human 
 services to provide program development.  The commissioner shall 
 use any federal revenue not set aside to expand services under 
 section 260.785.  The federal revenue earned under this 
 subdivision is available for these purposes until the funds are 
 expended.  

    HIST: 1999 c 139 art 1 s 11; art 4 s 2; 1999 c 159 s 108 

     260.805 Continued legal responsibility of local social 
  services agencies. 

    The legal responsibility of local social services agencies 
 to provide Indian child welfare services continues, and existing 
 services must not be reduced because of the availability of 
 these funds.  

    HIST: 1999 c 139 art 1 s 12 

     260.810 Payments; required reports. 

    Subdivision 1.    Payments.  The commissioner shall make 
 grant payments to each approved program in four quarterly 
 installments a year.  The commissioner may certify an advance 
 payment for the first quarter of the state fiscal year.  Later 
 payments must be made upon receipt by the state of a quarterly 
 report on finances and program activities.  

    Subd. 2.    Quarterly report.  The commissioner shall 
 specify requirements for reports, including quarterly fiscal 
 reports, according to section 256.01, subdivision 2, paragraph 
 (17).  Each quarter, an approved program receiving an Indian 
 child welfare grant shall submit a report to the commissioner 
 that includes: 

    (1) a detailed accounting of grant money expended during 
 the preceding quarter, specifying expenditures by line item and 
 year to date; and 

    (2) a description of Indian child welfare activities 
 conducted during the preceding quarter, including the number of 
 clients served and the type of services provided.  

    The quarterly reports must be submitted no later than 30 
 days after the end of each quarter of the state fiscal year.  

    Subd. 3.    Final report.  A final evaluation report 
 must be submitted by each approved program.  It must include 
 client outcomes, cost and effectiveness in meeting the goals of 
 the Indian Family Preservation Act and permanency planning goals.

    HIST: 1999 c 139 art 1 s 13 

     260.815 Monitoring and evaluation. 

    The commissioner shall design and implement methods for 
 monitoring the delivery and evaluating the effectiveness of 
 Indian child welfare services funded through these grants.  

    HIST: 1999 c 139 art 1 s 14 

     260.821 Grant formula. 

    Subdivision 1.    Primary support grants.  (a) The 
 amount available for grants established under section 260.785, 
 subdivision 1, to tribes, Indian organizations, and tribal 
 social services agency programs located off-reservation is 
 four-fifths of the total annual appropriation for Indian child 
 welfare grants.  

    (b) The commissioner shall award tribes at least 70 percent 
 of the amount set in paragraph (a) for primary support grants.  
 Each tribe shall be awarded a base amount of five percent of the 
 total amount set in this paragraph.  In addition, each tribe 
 shall be allocated a proportion of the balance of the amount set 
 in this paragraph, less the total base amounts for all 
 reservations.  This proportion must equal the ratio of the 
 tribe's on-reservation population to the state's total 
 on-reservation population.  Population data must be based on the 
 most recent federal census data according to the state 
 demographer's office. 

    (c) The commissioner shall award Indian organizations and 
 tribal social services agency programs located off-reservation 
 that serve Indian children and families up to 30 percent of the 
 amount set in paragraph (a) for primary support grants.  A 
 maximum of four multiservice Indian organizations and tribal 
 social services agency programs located off-reservation may be 
 awarded grants under this paragraph.  "Multiservice Indian 
 organizations" means Indian organizations recognized by the 
 Indian community as providing a broad continuum of social, 
 educational, or cultural services, including Indian child 
 welfare services designed to meet the unique needs of the Indian 
 communities in Minneapolis, St. Paul, and Duluth.  Grants may be 
 awarded to programs that submit acceptable proposals, comply 
 with the goals and the application process of the program, and 
 have budgets that reflect appropriate and efficient use of funds.
 To maintain continuity of service in Indian communities, primary 
 support grants awarded under this paragraph which meet the grant 
 criteria and have demonstrated satisfactory performance as 
 established by the commissioner may be awarded on a 
 noncompetitive basis.  The commissioner may revoke or deny 
 funding for Indian organizations or tribal social services 
 agencies failing to meet the grant criteria established by the 
 commissioner, and the commissioner may request new proposals 
 from Indian organizations or tribal social services agencies to 
 the extent that funding is available.  

    Subd. 2.    Special focus grants.  The amount available 
 for grants established under section 260.785, subdivision 2, for 
 local social services agencies, tribes, Indian organizations, 
 and other social services organizations is one-fifth of the 
 total annual appropriation for Indian child welfare grants.  The 
 maximum award under this subdivision is $100,000 a year for 
 programs approved by the commissioner.  

    HIST: 1999 c 139 art 1 s 15 

     260.831 Undistributed funds. 

    Undistributed funds must be reallocated by the department 
 of human services to any other grant categories established 
 under section 260.785, subdivision 1 or 2, for the goals of this 
 grant process.  Undistributed funds are available until expended.

    HIST: 1999 c 139 art 1 s 16 

     260.835 American Indian child welfare advisory council. 

    The commissioner shall appoint an American Indian advisory 
 council to help formulate policies and procedures relating to 
 Indian child welfare services and to make recommendations 
 regarding approval of grants provided under section 260.785, 
 subdivisions 1, 2, and 3.  The council shall consist of 17 
 members appointed by the commissioner and must include 
 representatives of each of the 11 Minnesota reservations who are 
 authorized by tribal resolution, one representative from the 
 Duluth Urban Indian Community, three representatives from the 
 Minneapolis Urban Indian Community, and two representatives from 
 the St. Paul Urban Indian Community.  Representatives from the 
 urban Indian communities must be selected through an open 
 appointments process under section 15.0597.  The terms, 
 compensation, and removal of American Indian child welfare 
 advisory council members shall be as provided in section 15.059. 

    HIST: 1999 c 139 art 1 s 17 

     260.851 Interstate Compact on the Placement of Children. 

    The Interstate Compact on the Placement of Children is 
 hereby enacted into law and entered into with all other 
 jurisdictions legally joining therein in form substantially as 
 follows: 

                            ARTICLE 1 

                        PURPOSE AND POLICY 

    It is the purpose and policy of the party states to 
 cooperate with each other in the interstate placement of 
 children to the end that: 

    (a) Each child requiring placement shall receive the 
 maximum opportunity to be placed in a suitable environment and 
 with persons or institutions having appropriate qualifications 
 and facilities to provide a necessary and desirable degree and 
 type of care.  

    (b) The appropriate authorities in a state where a child is 
 to be placed may have full opportunity to ascertain the 
 circumstances of the proposed placement, thereby promoting full 
 compliance with applicable requirements for the protection of 
 the child.  

    (c) The proper authorities of the state from which the 
 placement is made may obtain the most complete information on 
 the basis on which to evaluate a projected placement before it 
 is made.  

    (d) Appropriate jurisdictional arrangements for the care of 
 children will be promoted.  

                            ARTICLE 2 

                           DEFINITIONS 

    As used in this compact: 

    (a) "Child" means a person who, by reason of minority, is 
 legally subject to parental, guardianship or similar control.  

    (b) "Sending agency" means a party state, officer or 
 employee thereof; a subdivision of a party state, or officer or 
 employee thereof; a court of a party state; a person, 
 corporation, association, charitable agency or other entity 
 which sends, brings, or causes to be sent or brought any child 
 to another party state.  

    (c) "Receiving state" means the state to which a child is 
 sent, brought, or caused to be sent or brought, whether by 
 public authorities or private persons or agencies, and whether 
 for placement with state or local public authorities or for 
 placement with private agencies or persons.  

    (d) "Placement" means the arrangement for the care of a 
 child in a family free or boarding home or in a child-caring 
 agency or institution but does not include any institution 
 caring for the mentally ill, mentally defective or persons 
 having epilepsy or any institution primarily educational in 
 character, and any hospital or other medical facility. 

                            ARTICLE 3 

                     CONDITIONS FOR PLACEMENT 

    (a) No sending agency shall send, bring, or cause to be 
 sent or brought into any other party state any child for 
 placement in foster care or as a preliminary to a possible 
 adoption unless the sending agency shall comply with each and 
 every requirement set forth in this article and with the 
 applicable laws of the receiving state governing the placement 
 of children therein.  

    (b) Prior to sending, bringing or causing any child to be 
 sent or brought into a receiving state for placement in foster 
 care or as a preliminary to a possible adoption, the sending 
 agency shall furnish the appropriate public authorities in the 
 receiving state written notice of the intention to send, bring, 
 or place the child in the receiving state.  The notice shall 
 contain: 

    (1) The name, date and place of birth of the child.  

    (2) The identity and address or addresses of the parents or 
 legal guardian.  

    (3) The name and address of the person, agency or 
 institution to or with which the sending agency proposes to 
 send, bring, or place the child.  

    (4) A full statement of the reasons for such proposed 
 action and evidence of the authority pursuant to which the 
 placement is proposed to be made.  

    (c) Any public officer or agency in a receiving state which 
 is in receipt of a notice pursuant to paragraph (b) of this 
 article may request of the sending agency, or any other 
 appropriate officer or agency of or in the sending agency's 
 state, and shall be entitled to receive therefrom, such 
 supporting or additional information as it may deem necessary 
 under the circumstances to carry out the purpose and policy of 
 this compact.  

    (d) The child shall not be sent, brought, or caused to be 
 sent or brought into the receiving state until the appropriate 
 public authorities in the receiving state shall notify the 
 sending agency, in writing, to the effect that the proposed 
 placement does not appear to be contrary to the interests of the 
 child.  

                            ARTICLE 4 

                  PENALTY FOR ILLEGAL PLACEMENT 

    The sending, bringing, or causing to be sent or brought 
 into any receiving state of a child in violation of the terms of 
 this compact shall constitute a violation of the laws respecting 
 the placement of children of both the state in which the sending 
 agency is located or from which it sends or brings the child and 
 of the receiving state.  Such violation may be punished or 
 subjected to penalty in either jurisdiction in accordance with 
 its laws.  In addition to liability for any such punishment or 
 penalty, any such violation shall constitute full and sufficient 
 grounds for the suspension or revocation of any license, permit, 
 or other legal authorization held by the sending agency which 
 empowers or allows it to place, or care for children.  

                            ARTICLE 5 

                    RETENTION OF JURISDICTION 

    (a) The sending agency shall retain jurisdiction over the 
 child sufficient to determine all matters in relation to the 
 custody, supervision, care, treatment and disposition of the 
 child which it would have had if the child had remained in the 
 sending agency's state, until the child is adopted, reaches 
 majority, becomes self-supporting or is discharged with the 
 concurrence of the appropriate authority in the receiving 
 state.  Such jurisdiction shall also include the power to effect 
 or cause the return of the child or its transfer to another 
 location and custody pursuant to law.  The sending agency shall 
 continue to have financial responsibility for support and 
 maintenance of the child during the period of the placement.  
 Nothing contained herein shall defeat a claim of jurisdiction by 
 a receiving state sufficient to deal with an act of delinquency 
 or crime committed therein.  

    (b) When the sending agency is a public agency, it may 
 enter into an agreement with an authorized public or private 
 agency in the receiving state providing for the performance of 
 one or more services in respect of such case by the latter as 
 agent for the sending agency.  

    (c) Nothing in this compact shall be construed to prevent a 
 private charitable agency authorized to place children in the 
 receiving state from performing services or acting as agent in 
 that state for a private charitable agency of the sending state; 
 nor to prevent the agency in the receiving state from 
 discharging financial responsibility for the support and 
 maintenance of a child who has been placed on behalf of the 
 sending agency without relieving the responsibility set forth in 
 paragraph (a) hereof.  

                            ARTICLE 6 

            INSTITUTIONAL CARE OF DELINQUENT CHILDREN 

    A child adjudicated delinquent may be placed in an 
 institution in another party jurisdiction pursuant to this 
 compact but no such placement shall be made unless the child is 
 given a court hearing on notice to the parent or guardian with 
 opportunity to be heard, prior to his being sent to such other 
 party jurisdiction for institutional care and the court finds 
 that: 

    1.  Equivalent facilities for the child are not available 
 in the sending agency's jurisdiction; and 

    2.  Institutional care in the other jurisdiction is in the 
 best interest of the child and will not produce undue hardship.  

                            ARTICLE 7 

                      COMPACT ADMINISTRATOR 

    The executive head of each jurisdiction party to this 
 compact shall designate an officer who shall be general 
 coordinator of activities under this compact in his jurisdiction 
 and who, acting jointly with like officers of other party 
 jurisdictions, shall have power to promulgate rules and 
 regulations to carry out more effectively the terms and 
 provisions of this compact.  

                            ARTICLE 8

                           LIMITATIONS 

    This compact shall not apply to: 

    (a) The sending or bringing of a child into a receiving 
 state by his parent, stepparent, grandparent, adult brother or 
 sister, adult uncle or aunt, or his guardian and leaving the 
 child with any such relative or nonagency guardian in the 
 receiving state.  

    (b) Any placement, sending or bringing of a child into a 
 receiving state pursuant to any other interstate compact to 
 which both the state from which the child is sent or brought and 
 the receiving state are party, or to any other agreement between 
 said states which has the force of law.  

                            ARTICLE 9 

                     ENACTMENT AND WITHDRAWAL 

    This compact shall be open to joinder by any state, 
 territory or possession of the United States, the District of 
 Columbia, the Commonwealth of Puerto Rico, and, with the consent 
 of Congress, the Government of Canada or any province thereof.  
 It shall become effective with respect to any such jurisdiction 
 when such jurisdiction has enacted the same into law.  
 Withdrawal from this compact shall be by the enactment of a 
 statute repealing the same, but shall not take effect until two 
 years after the effective date of such statute and until written 
 notice of the withdrawal has been given by the withdrawing state 
 to the Governor of each other party jurisdiction.  Withdrawal of 
 a party state shall not affect the rights, duties and 
 obligations under this compact of any sending agency therein 
 with respect to a placement made prior to the effective date of 
 withdrawal.  

                            ARTICLE 10 

                  CONSTRUCTION AND SEVERABILITY 

    The provisions of this compact shall be liberally construed 
 to effectuate the purposes thereof.  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 party 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 party thereto, 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.  

    HIST: 1999 c 139 art 1 s 18 

     260.855 Financial responsibility. 

    Financial responsibility for any child placed pursuant to 
 the provisions of the interstate compact on the placement of 
 children shall be determined in accordance with the provisions 
 of article 5 thereof in the first instance.  However, in the 
 event of partial or complete default of performance thereunder, 
 the provisions of sections 518C.101 to 518C.902 also may be 
 invoked.  

    HIST: 1999 c 139 art 1 s 19 

     260.861 Appropriate public authorities defined. 

    The "appropriate public authorities" as used in article 3 
 of the Interstate Compact on the Placement of Children shall, 
 with reference to this state, mean the commissioner of human 
 services.  The commissioner of human services or the 
 commissioner's delegate shall receive and act with reference to 
 notices required by said article 3.  

    HIST: 1999 c 139 art 1 s 20 

     260.865 Appropriate authority in receiving state defined.

    As used in paragraph (a) of article 5 of the Interstate 
 Compact on the Placement of Children, the phrase "appropriate 
 authority in the receiving state" with reference to this state 
 shall mean the commissioner of human services or the 
 commissioner's delegate.  

    HIST: 1999 c 139 art 1 s 21 

     260.871 Agreements. 

    The officers and agencies of this state and its 
 subdivisions having authority to place children are hereby 
 empowered to enter into agreements with appropriate officers or 
 agencies of or in other party states pursuant to paragraph (b) 
 of article 5 of the Interstate Compact on the Placement of 
 Children.  Any such agreement which contains a financial 
 commitment or imposes a financial obligation on this state or 
 subdivision or agency thereof shall not be binding unless it has 
 the approval in writing of the commissioner of human services in 
 the case of the state and of the chief local fiscal officer in 
 the case of a subdivision of the state.  

    HIST: 1999 c 139 art 1 s 22 

     260.875 Requirements for visitation; supervision. 

    Any requirements for visitation, inspection or supervision 
 of children, homes, institutions or other agencies in another 
 party state which may apply under section 260C.212 shall be 
 deemed to be met if performed pursuant to an agreement entered 
 into by appropriate officers or agencies of this state or a 
 subdivision thereof as contemplated by paragraph (b) of article 
 5 of the Interstate Compact on the Placement of Children.  

    HIST: 1999 c 139 art 1 s 23 

     260.881 Certain laws not applicable. 

    The provisions of section 257.06 shall not apply to 
 placements made pursuant to the Interstate Compact on the 
 Placement of Children.  

    HIST: 1999 c 139 art 1 s 24 

     260.885 Court jurisdiction retained. 

    Any court having jurisdiction to place delinquent children 
 may place such a child in an institution or in another state 
 pursuant to article 6 of the Interstate Compact on the Placement 
 of Children and shall retain jurisdiction as provided in article 
 5 thereof.  

    HIST: 1999 c 139 art 1 s 25 

     260.91 Executive head defined. 

    As used in article 7 of the Interstate Compact on the 
 Placement of Children, the term "executive head" means the 
 governor.  The governor is hereby authorized to appoint a 
 compact administrator in accordance with the terms of said 
 article 7.  

    HIST: 1999 c 139 art 1 s 26