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Minnesota Legislature

Office of the Revisor of Statutes

260C.178 EMERGENCY REMOVAL HEARING.
    Subdivision 1. Hearing and release requirements. (a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a hearing within
72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays,
to determine whether the child should continue in custody.
(b) Unless there is reason to believe that the child would endanger self or others, not return
for a court hearing, run away from the child's parent, guardian, or custodian or otherwise not
remain in the care or control of the person to whose lawful custody the child is released, or that
the child's health or welfare would be immediately endangered, the child shall be released to the
custody of a parent, guardian, custodian, or other suitable person, subject to reasonable conditions
of release including, but not limited to, a requirement that the child undergo a chemical use
assessment as provided in section 260C.157, subdivision 1. If the court determines there is reason
to believe that the child would endanger self or others; not return for a court hearing; run away
from the child's parent, guardian, or custodian or otherwise not remain in the care or control of the
person to whose lawful custody the child is released; or that the child's health or welfare would be
immediately endangered, the court shall order the child into foster care under the responsibility
of the responsible social services agency or responsible probation or corrections agency for the
purposes of protective care as that term is used in the juvenile court rules. In determining whether
the child's health or welfare would be immediately endangered, the court shall consider whether
the child would reside with a perpetrator of domestic child abuse.
(c) The court, before determining whether a child should be placed in or continue in foster
care under the protective care of the responsible agency, shall also make a determination,
consistent with section 260.012 as to whether reasonable efforts were made to prevent placement
or whether reasonable efforts to prevent placement are not required. In the case of an Indian child,
the court shall determine whether active efforts, according to the Indian Child Welfare Act of
1978, United States Code, title 25, section 1912(d), were made to prevent placement. The court
shall enter a finding that the responsible social services agency has made reasonable efforts to
prevent placement when the agency establishes either:
(1) that it has actually provided services or made efforts in an attempt to prevent the child's
removal but that such services or efforts have not proven sufficient to permit the child to safely
remain in the home; or
(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. When reasonable efforts
to prevent placement are required and there are services or other efforts that could be ordered
which would permit the child to safely return home, the court shall order the child returned to the
care of the parent or guardian and the services or efforts put in place to ensure the child's safety.
When the court makes a prima facie determination that one of the circumstances under paragraph
(e) exists, the court shall determine that reasonable efforts to prevent placement and to return
the child to the care of the parent or guardian are not required.
If the court finds the social services agency's preventive or reunification efforts have not been
reasonable but further preventive or reunification efforts could not permit the child to safely
remain at home, the court may nevertheless authorize or continue the removal of the child.
(d) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the parent or
guardian would be contrary to the welfare of the child.
(e) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a petition
has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14
;
(2) the parental rights of the parent to another child have been involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a),
clause (2);
(4) the parents' 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; or
(5) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.
(f) When a petition to terminate parental rights is required under section 260C.301,
subdivision 3
or 4, but the county attorney has determined not to proceed with a termination
of parental rights petition, and has instead filed a petition to transfer permanent legal and
physical custody to a relative under section 260C.201, subdivision 11, the court shall schedule a
permanency hearing within 30 days of the filing of the petition.
(g) If the county attorney has filed a petition under section 260C.307, the court shall schedule
a trial under section 260C.163 within 90 days of the filing of the petition except when the county
attorney determines that the criminal case shall proceed to trial first under section 260C.201,
subdivision 3
.
(h) If the court determines the child should be ordered into foster care and the child's parent
refuses to give information to the responsible social services agency regarding the child's father or
relatives of the child, the court may order the parent to disclose the names, addresses, telephone
numbers, and other identifying information to the responsible social services agency for the
purpose of complying with the requirements of sections 260C.151, 260C.212, and 260C.215.
(i) If a child ordered into foster care has siblings, whether full, half, or step, who are also
ordered into foster care, the court shall inquire of the responsible social services agency of the
efforts to place the children together as required by section 260C.212, subdivision 2, paragraph
(d), if placement together is in each child's best interests, unless a child is in placement due solely
to the child's own behavior or a child is placed with a previously noncustodial parent who is not
parent to all siblings. If the children are not placed together at the time of the hearing, the court
shall inquire at each subsequent hearing of the agency's efforts to place the siblings together. If
any sibling is not placed with another sibling or siblings, the agency must develop a plan for
visitation among the siblings as required under section 260C.212, subdivision 1.
    Subd. 2.[Repealed by amendment, 2005 c 159 art 2 s 15]
    Subd. 3. Parental visitation. If a child has been taken into custody under section 260C.151,
subdivision 5
, or 260C.175, subdivision 1, clause (b)(2), and the court determines that the child
should continue in foster care, the court shall include in its order reasonable rules for supervised or
unsupervised parental visitation of the child in the foster care facility unless it finds that visitation
would endanger the child's physical or emotional well-being.
    Subd. 4. Mental health treatment. (a) Except as provided in paragraph (b), a child who
is ordered placed in foster care as an alleged victim of child abuse as defined in section 630.36,
subdivision 2
, may not be given mental health treatment specifically for the effects of the alleged
abuse until the court finds that there is a prima facie basis to believe the abuse has occurred.
(b) A child described in paragraph (a) may be given mental health treatment prior to a prima
facie finding of child abuse if the treatment is either agreed to by the child's parent or guardian
in writing, or ordered by the court according to the standard contained in section 260C.201,
subdivision 1
.
    Subd. 5. Copies of order. Copies of the court's order shall be served upon the parties,
including the placement facility, which shall release the child or continue to hold the child
as the court orders.
When the court's order is served upon these parties, notice shall also be given to the parties
of the subsequent reviews provided by subdivision 6.
    Subd. 6. Review. When a child is placed in foster care, the child's placement shall be
periodically reviewed as required under the juvenile court rules including notice to the parties
required to be served with a copy of the order under subdivision 4.
A hearing shall be held at the request of any one of the parties notified pursuant to
subdivision 5, if that party notifies the court of a wish to present to the court new evidence
concerning whether the child should be continued in detention or notifies the court of a wish to
present an alternate placement arrangement to provide for the safety and protection of the child.
In addition, if a child was taken into custody under section 260C.151, subdivision 5, or
260C.175, subdivision 1, clause (c)(2), and is placed in foster care or placed in another facility
under a court order issued under subdivision 2, the court shall schedule and hold an adjudicatory
hearing on the petition within 60 days of the emergency removal hearing upon the request of any
party to the proceeding. However, if good cause is shown by a party to the proceeding why the
hearing should not be held within that time period, the hearing shall be held within 90 days, unless
the parties agree otherwise and the court so orders.
    Subd. 7. Out-of-home placement plan. (a) An out-of-home placement plan required under
section 260C.212 shall be filed with the court within 30 days of the filing of a petition alleging the
child to be in need of protection or services under section 260C.141, subdivision 1, or filed with the
petition if the petition is a review of a voluntary placement under section 260C.141, subdivision 2.
(b) Upon the filing of the out-of-home placement plan which has been developed jointly
with the parent and in consultation with others as required under section 260C.212, subdivision
1
, the court may approve implementation of the plan by the responsible social services agency
based on the allegations contained in the petition. The court shall send written notice of the
approval of the out-of-home placement plan to all parties and the county attorney or may state
such approval on the record at a hearing. A parent may agree to comply with the terms of the plan
filed with the court.
(c) The responsible social services agency shall make reasonable attempts to engage a
parent in case planning. If the parent refuses to cooperate in the development of the out-of-home
placement plan or disagrees with the services recommended by the responsible social service
agency, the agency shall note such refusal or disagreement for the court in the out-of-home
placement plan filed with the court. The agency shall notify the court of the services it will
provide or efforts it will attempt under the plan notwithstanding the parent's refusal to cooperate
or disagreement with the services. The parent may ask the court to modify the plan to require
different or additional services requested by the parent, but which the agency refused to provide.
The court may approve the plan as presented by the agency or may modify the plan to require
services requested by the parent. The court's approval shall be based on the content of the petition.
(d) Unless the parent agrees to comply with the terms of the out-of-home placement plan,
the court may not order a parent to comply with the provisions of the plan until the court finds
the child is in need of protection or services and orders disposition under section 260C.201,
subdivision 1
. However, the court may find that the responsible social services agency has made
reasonable efforts for reunification if the agency makes efforts to implement the terms of an
out-of-home placement plan approved under this section.
History: 1999 c 139 art 3 s 19; art 4 s 2; 1999 c 245 art 8 s 52,53; 2000 c 260 s 38; 2001 c
178 art 1 s 13,14,44; 2005 c 159 art 2 s 15