260B.198 DISPOSITIONS; DELINQUENT CHILD.
Subdivision 1. Court order, findings, remedies, treatment.
If the court finds that the child
is delinquent, it shall enter an order making any of the following dispositions of the case which
are deemed necessary to the rehabilitation of the child:
(a) Counsel the child or the parents, guardian, or custodian;
(b) Place the child under the supervision of a probation officer or other suitable person in
the child's own home under conditions prescribed by the court including reasonable rules for the
child's conduct and the conduct of the child's parents, guardian, or custodian, designed for the
physical, mental, and moral well-being and behavior of the child, or with the consent of the
commissioner of corrections, in a group foster care facility which is under the management and
supervision of said commissioner;
(c) Subject to the supervision of the court, transfer legal custody of the child to one of
(1) a child-placing agency; or
(2) the local social services agency; or
(3) a reputable individual of good moral character. No person may receive custody of two
or more unrelated children unless licensed as a residential facility pursuant to sections
(4) a county home school, if the county maintains a home school or enters into an agreement
with a county home school; or
(5) a county probation officer for placement in a group foster home established under the
direction of the juvenile court and licensed pursuant to section
(d) Transfer legal custody by commitment to the commissioner of corrections;
(e) If the child is found to have violated a state or local law or ordinance which has resulted
in damage to the person or property of another, the court may order the child to make reasonable
restitution for such damage;
(f) Require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;
(g) If the child is in need of special treatment and care for reasons of physical or mental
health, the court may order the child's parent, guardian, or custodian to provide it. If the parent,
guardian, or custodian fails to provide this treatment or care, the court may order it provided;
(h) If the court believes that it is in the best interests of the child and of public safety that the
driver's license of the child be canceled until the child's 18th birthday, the court may recommend
to the commissioner of public safety the cancellation of the child's license for any period up to the
child's 18th birthday, and the commissioner is hereby authorized to cancel such license without a
hearing. At any time before the termination of the period of cancellation, the court may, for good
cause, recommend to the commissioner of public safety that the child be authorized to apply for a
new license, and the commissioner may so authorize;
(i) If the court believes that it is in the best interest of the child and of public safety that the
child is enrolled in school, the court may require the child to remain enrolled in a public school
until the child reaches the age of 18 or completes all requirements needed to graduate from high
school. Any child enrolled in a public school under this paragraph is subject to the provisions of
the Pupil Fair Dismissal Act in chapter 127;
(j) If the child is petitioned and found by the court to have committed a controlled substance
offense under sections
, the court shall determine whether the child unlawfully
possessed or sold the controlled substance while driving a motor vehicle. If so, the court shall
notify the commissioner of public safety of its determination and order the commissioner to
revoke the child's driver's license for the applicable time period specified in section
the child does not have a driver's license or if the child's driver's license is suspended or revoked
at the time of the delinquency finding, the commissioner shall, upon the child's application for
driver's license issuance or reinstatement, delay the issuance or reinstatement of the child's driver's
license for the applicable time period specified in section
. Upon receipt of the court's
order, the commissioner is authorized to take the licensing action without a hearing;
(k) If the child is petitioned and found by the court to have committed or attempted to
commit an act in violation of section
, or another offense arising out of a delinquency petition based on
one or more of those sections, the court shall order an independent professional assessment of
the child's need for sex offender treatment. An assessor providing an assessment for the court
must be experienced in the evaluation and treatment of juvenile sex offenders. If the assessment
indicates that the child is in need of and amenable to sex offender treatment, the court shall
include in its disposition order a requirement that the child undergo treatment. Notwithstanding
, the assessor has access to the following
private or confidential data on the child if access is relevant and necessary for the assessment:
(1) medical data under section
(2) corrections and detention data under section
(3) health records under section
(4) juvenile court records under section
(5) local welfare agency records under section
Data disclosed under this paragraph may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law;
(l) If the child is found delinquent due to the commission of an offense that would be a
felony if committed by an adult, the court shall make a specific finding on the record regarding the
juvenile's mental health and chemical dependency treatment needs;
(m) Any order for a disposition authorized under this section shall contain written findings of
fact to support the disposition ordered and shall also set forth in writing the following information:
(1) why the best interests of the child are served by the disposition ordered; and
(2) what alternative dispositions were considered by the court and why such dispositions
were not appropriate in the instant case.
Subd. 2. Possession of firearm or dangerous weapon.
If the child is petitioned and found
delinquent by the court, and the court also finds that the child was in possession of a firearm at
the time of the offense, in addition to any other disposition the court shall order that the firearm
be immediately seized and shall order that the child be required to serve at least 100 hours of
community work service unless the child is placed in a residential treatment program or a juvenile
correctional facility. If the child is petitioned and found delinquent by the court, and the court
finds that the child was in possession of a dangerous weapon in a school zone, as defined in
152.01, subdivision 14a
, clauses (1) and (3), at the time of the offense, the court also shall
order that the child's driver's license be canceled or driving privileges denied until the child's 18th
birthday. The court shall send a copy of its order to the commissioner of public safety and, upon
receipt of the order, the commissioner is authorized to cancel the child's driver's license or deny
the child's driving privileges without a hearing.
Subd. 3. Commitment to secure facility; length of stay; transfers.
An adjudicated juvenile
may not be placed in a licensed juvenile secure treatment facility unless the placement is approved
by the juvenile court. However, the program administrator may determine the juvenile's length of
stay in the secure portion of the facility. The administrator shall notify the court of any movement
of juveniles from secure portions of facilities. However, the court may, in its discretion, order that
the juveniles be moved back to secure portions of the facility.
Subd. 4. Placement of juveniles in secure facilities; requirements.
postadjudication placement of a juvenile in a secure treatment facility either inside or outside the
state, the court may:
(1) consider whether the juvenile has been adjudicated for a felony offense against the person
or that in addition to the current adjudication, the juvenile has failed to appear in court on one or
more occasions or has run away from home on one or more occasions;
(2) conduct a subjective assessment to determine whether the child is a danger to self or
others or would abscond from a nonsecure facility or if the child's health or welfare would be
endangered if not placed in a secure facility;
(3) conduct a culturally appropriate psychological evaluation which includes a functional
assessment of anger and abuse issues; and
(4) conduct an educational and physical assessment of the juvenile.
In determining whether to order secure placement, the court shall consider the necessity of:
(i) protecting the public;
(ii) protecting program residents and staff; and
(iii) preventing juveniles with histories of absconding from leaving treatment programs.
Subd. 5. Case plan.
(a) For each disposition ordered for an out-of-home placement
potentially exceeding 30 days, the court shall order the appropriate agency to develop a case plan
in consultation with the child's parent or parents, guardian or custodian, and other appropriate
parties. At a minimum, the case plan must specify:
(1) the actions to be taken by the child and, if appropriate, the child's parent, guardian, or
custodian to insure the child's safety, future lawful conduct, and compliance with the court's
disposition order; and
(2) the services to be offered and provided by the agency to the child and, if appropriate, the
child's parent, guardian, or custodian.
(b) The court shall review the case plan and, upon approving it, incorporate it into its
disposition order. The court may review and modify the terms of the case plan as appropriate. A
party has a right to request a court review of the reasonableness of the case plan upon a showing
of a substantial change of circumstances.
Subd. 6. Expungement.
Except when legal custody is transferred under the provisions of
subdivision 1, clause (d), the court may expunge the adjudication of delinquency at any time that
it deems advisable.
Subd. 7. Continuance.
When it is in the best interests of the child to do so and when the child
has admitted the allegations contained in the petition before the judge or referee, or when a hearing
has been held as provided for in section
and the allegations contained in the petition
have been duly proven but, in either case, before a finding of delinquency has been entered,
the court may continue the case for a period not to exceed 90 days on any one order. Such a
continuance may be extended for one additional successive period not to exceed 90 days and only
after the court has reviewed the case and entered its order for an additional continuance without a
finding of delinquency. During this continuance the court may enter an order in accordance with
the provisions of subdivision 1, clause (a) or (b), or enter an order to hold the child in detention for
a period not to exceed 15 days on any one order for the purpose of completing any consideration,
or any investigation or examination ordered in accordance with the provisions of section
. This subdivision does not apply to an extended jurisdiction juvenile proceeding.
Subd. 8. Enforcement of restitution orders.
If the court orders payment of restitution
and the child fails to pay the restitution in accordance with the payment schedule or structure
established by the court or the probation officer, the child's probation officer may, on the officer's
own motion or at the request of the victim, file a petition for violation of probation or ask the
court to hold a hearing to determine whether the conditions of probation should be changed. The
child's probation officer shall ask for the hearing if the restitution order has not been paid prior
to 60 days before the term of probation expires. The court shall schedule and hold this hearing
before the child's term of probation expires.
Subd. 9. Orders for supervision.
All orders for supervision under subdivision 1, clause
(b), shall be for an indeterminate period, unless otherwise specified by the court, and shall be
reviewed by the court at least annually. All orders under subdivision 1, clause (c), shall be for
a specified length of time set by the court. However, before an order has expired and upon the
court's own motion or that of any interested party, the court has continuing jurisdiction to renew
the order or, after notice to the parties and a hearing, make some other disposition of the case,
until the individual becomes 19 years of age. Any person to whom legal custody is transferred
shall report to the court in writing at such periods as the court may direct.
Subd. 10. Transfer of legal custody orders.
When the court transfers legal custody of a
child to any licensed child-placing agency, county home school, local social services agency, or
the commissioner of corrections, it shall transmit with the order transferring legal custody a copy
of its findings and a summary of its information concerning the child.
Subd. 11. Out-of-state placements.
(a) A court may not place a preadjudicated delinquent, an
adjudicated delinquent, or a convicted extended jurisdiction juvenile in a residential or detention
facility outside Minnesota unless the commissioner of corrections has certified that the facility:
(1) meets or exceeds the standards for Minnesota residential treatment programs set forth in
rules adopted by the commissioner of human services or the standards for juvenile residential
facilities set forth in rules adopted by the commissioner of corrections or the standards for
juvenile detention facilities set forth in rules adopted by the commissioner of corrections, as
provided under paragraph (b); and
(2) provides education, health, dental, and other necessary care equivalent to that which the
child would receive if placed in a Minnesota facility licensed by the commissioner of corrections
or commissioner of human services.
(b) The interagency licensing agreement between the commissioners of corrections and
human services shall be used to determine which rule shall be used for certification purposes
under this subdivision.
(c) The commissioner of corrections may charge each facility evaluated a reasonable
amount. Money received is annually appropriated to the commissioner of corrections to defray the
costs of the certification program.
Subd. 12. Placement in juvenile facility.
A person who has reached the age of 20 may
not be kept in a residential facility licensed by the commissioner of corrections together with
persons under the age of 20. The commissioner may adopt criteria for allowing exceptions to
History: 1999 c 139 art 2 s 30; art 4 s 2; 1999 c 216 art 6 s 11; 1999 c 227 s 22; 2004 c
228 art 1 s 72