260C.157 INVESTIGATION; PHYSICAL AND MENTAL EXAMINATION.
Subdivision 1. Investigation.
Upon request of the court the responsible social services
agency or probation officer shall investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under section
and shall report its
findings to the court. The court may order any minor coming within its jurisdiction to be examined
by a duly qualified physician, psychiatrist, or psychologist appointed by the court.
Adoption investigations shall be conducted in accordance with the laws relating to adoptions.
Any funds received under the provisions of this subdivision shall not cancel until the end of
the fiscal year immediately following the fiscal year in which the funds were received. The
funds are available for use by the commissioner of corrections during that period and are hereby
appropriated annually to the commissioner of corrections as reimbursement of the costs of
providing these services to the juvenile courts.
Subd. 2. Petition requirement.
The court may proceed as described in subdivision 1 only
after a petition has been filed.
Subd. 3. Juvenile treatment screening team.
(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings and prepare case plans
under this subdivision. The team, which may be the team constituted under section
or Minnesota Rules, parts 9530.6600
, shall consist of social workers,
juvenile justice professionals, and persons with expertise in the treatment of juveniles who are
emotionally disabled, chemically dependent, or have a developmental disability. The team shall
involve parents or guardians in the screening process as appropriate. The team may be the same
team as defined in section
260B.157, subdivision 3
(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:
(1) for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency in a residential treatment facility out of state or in one which is
within the state and licensed by the commissioner of human services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or human
services, the court shall notify the county welfare agency. The county's juvenile treatment
screening team must either: (i) screen and evaluate the child and file its recommendations with the
court within 14 days of receipt of the notice; or (ii) elect not to screen a given case and notify the
court of that decision within three working days.
(c) If the screening team has elected to screen and evaluate the child, the child may not
be placed for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency, in a residential treatment facility out of state nor in a
residential treatment facility within the state that is licensed under chapter 245A, unless one
of the following conditions applies:
(1) a treatment professional certifies that an emergency requires the placement of the child in
a facility within the state;
(2) the screening team has evaluated the child and recommended that a residential placement
is necessary to meet the child's treatment needs and the safety needs of the community, that it is
a cost-effective means of meeting the treatment needs, and that it will be of therapeutic value
to the child; or
(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state the
reasons for its determination in writing, on the record, and shall respond specifically to the
findings and recommendation of the screening team in explaining why the recommendation was
rejected. The attorney representing the child and the prosecuting attorney shall be afforded an
opportunity to be heard on the matter.
History: 1999 c 139 art 3 s 12; art 4 s 2; 1999 c 216 art 6 s 8; 2001 c 178 art 1 s 44