2007 Minnesota Statutes

CHAPTER 260C. CHILD PROTECTION

260C.0001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

GENERAL PROVISIONS

260C.001 TITLE, INTENT, AND CONSTRUCTION.
    Subdivision 1. Citation. Sections 260C.001 to 260C.451 may be cited as the child protection
provisions of the Juvenile Court Act.
    Subd. 2. Child in need of protection services. The paramount consideration in all
proceedings concerning a child alleged or found to be in need of protection or services is the
health, safety, and best interests of the child. In proceedings involving an American Indian child,
as defined in section 260.755, subdivision 8, the best interests of the child must be determined
consistent with sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923. The purpose of the laws relating to juvenile courts is to secure for
each child alleged or adjudicated in need of protection or services and under the jurisdiction of the
court, the care and guidance, preferably in the child's own home, as will best serve the spiritual,
emotional, mental, and physical welfare of the child; to provide judicial procedures which protect
the welfare of the child; to preserve and strengthen the child's family ties whenever possible and
in the child's best interests, removing the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without removal; and, when removal from the
child's own family is necessary and in the child's best interests, to secure for the child custody, care
and discipline as nearly as possible equivalent to that which should have been given by the parents.
    Subd. 3. Permanency and termination of parental rights. The purpose of the laws relating
to permanency and termination of parental rights is to ensure that:
(1) when required and appropriate, reasonable efforts have been made by the social services
agency to reunite the child with the child's parents in a home that is safe and permanent; and
(2) if placement with the parents is not reasonably foreseeable, to secure for the child a safe
and permanent placement, preferably with adoptive parents or a fit and willing relative through
transfer of permanent legal and physical custody to that relative.
Nothing in this section requires reasonable efforts to prevent placement or to reunify the
child with the parent or guardian to be made in circumstances where the court has determined that
the child has been subjected to egregious harm, when the child is an abandoned infant, the parent
has involuntarily lost custody of another child through a proceeding under section 260C.201,
subdivision 11 , or similar law of another state, the parental rights of the parent to a sibling have
been involuntarily terminated, or the court has determined that reasonable efforts or further
reasonable efforts to reunify the child with the parent or guardian would be futile.
The paramount consideration in all proceedings for permanent placement of the child under
section 260C.201, subdivision 11, or the termination of parental rights is the best interests of
the child. In proceedings involving an American Indian child, as defined in section 260.755,
subdivision 8 , the best interests of the child must be determined consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, et seq.
    Subd. 4. Construction. The laws relating to the child protection provisions of the juvenile
courts shall be liberally construed to carry out these purposes.
History: 1999 c 139 art 3 s 1; art 4 s 2; 1999 c 245 art 8 s 41; 2005 c 159 art 2 s 12

260C.007 DEFINITIONS.
    Subdivision 1. Scope. As used in this chapter, the terms defined in this section have the
same meanings given to them.
    Subd. 2. Agency. "Agency" means the responsible social services agency or a licensed
child-placing agency.
    Subd. 3. Case plan. "Case plan" means any plan for the delivery of services to a child and
parent or guardian, or, when reunification is not required, the child alone, that is developed
according to the requirements of section 245.4871, subdivision 19 or 21; 245.492, subdivision 16;
256B.092; 260C.212, subdivision 1; or 626.556, subdivision 10.
    Subd. 4. Child. "Child" means an individual under 18 years of age.
    Subd. 5. Child abuse. "Child abuse" means an act that involves a minor victim and that
constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322,
609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or an act committed
in another state that involves a minor victim and would constitute a violation of one of these
sections if committed in this state.
    Subd. 6. Child in need of protection or services. "Child in need of protection or services"
means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, (ii) resides with or has resided with a
victim of domestic child abuse as defined in subdivision 5, (iii) resides with or would reside with
a perpetrator of domestic child abuse or child abuse as defined in subdivision 5, or (iv) is a victim
of emotional maltreatment as defined in subdivision 8;
(3) is without necessary food, clothing, shelter, education, or other required care for the
child's physical or mental health or morals because the child's parent, guardian, or custodian
is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition
because the child's parent, guardian, or custodian is unable or unwilling to provide that care,
including a child in voluntary placement due solely to the child's developmental disability
or emotional disturbance;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically
indicated treatment from a disabled infant with a life-threatening condition. The term "withholding
of medically indicated treatment" means the failure to respond to the infant's life-threatening
conditions by providing treatment, including appropriate nutrition, hydration, and medication
which, in the treating physician's or physicians' reasonable medical judgment, will be most likely
to be effective in ameliorating or correcting all conditions, except that the term does not include
the failure to provide treatment other than appropriate nutrition, hydration, or medication to an
infant when, in the treating physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in
terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the
infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of
the child's care and custody, including a child in placement according to voluntary release by the
parent under section 260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or
state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous
to the child or others. An injurious or dangerous environment may include, but is not limited to,
the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have
been diagnosed by a physician and are due to parental neglect;
(11) has engaged in prostitution as defined in section 609.321, subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense before becoming ten years old;
(13) is a runaway;
(14) is a habitual truant; or
(15) has been found incompetent to proceed or has been found not guilty by reason of mental
illness or mental deficiency in connection with a delinquency proceeding, a certification under
section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a
juvenile petty offense.
    Subd. 7. Child-placing agency. "Child-placing agency" means anyone licensed under
sections 245A.01 to 245A.16 and 252.28, subdivision 2.
    Subd. 8. Compelling reasons. "Compelling reasons" means an individualized determination
by the responsible social services agency, which is approved by the court, related to a request
by the agency not to initiate proceedings to terminate parental rights or transfer permanent legal
and physical custody of a child to the child's relative or former noncustodial parent under section
260C.301, subdivision 3.
    Subd. 9. Court. "Court" means juvenile court unless otherwise specified in this section.
    Subd. 10. Custodian. "Custodian" means any person who is under a legal obligation to
provide care and support for a minor or who is in fact providing care and support for a minor.
This subdivision does not impose upon persons who are not otherwise legally responsible for
providing a child with necessary food, clothing, shelter, education, or medical care a duty to
provide that care. For an Indian child, custodian means any 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, as provided in section
260.755, subdivision 10.
    Subd. 11. Delinquent child. "Delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1 , and except for juvenile offenders as described in subdivisions 19 and 28; or
(2) who has violated a federal law or a law of another state and whose case has been referred
to the juvenile court if the violation would be an act of delinquency if committed in this state or
a crime or offense if committed by an adult.
    Subd. 12. Developmental disability. "Developmental disability" means developmental
disability as defined in United States Code, title 42, section 6001(8).
    Subd. 13. Domestic child abuse. "Domestic child abuse" means:
(1) any physical injury to a minor family or household member inflicted by an adult family
or household member other than by accidental means; or
(2) subjection of a minor family or household member by an adult family or household
member to any act which constitutes a violation of sections 609.321 to 609.324, 609.342, 609.343,
609.344, 609.345, or 617.246.
    Subd. 14. Egregious harm. "Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide minimally
adequate parental care. The egregious harm need not have occurred in the state or in the county
where a termination of parental rights action is otherwise properly venued. Egregious harm
includes, but is not limited to:
(1) conduct towards a child that constitutes a violation of sections 609.185 to 609.21,
609.222, subdivision 2, 609.223, or any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a ;
(3) conduct towards a child that constitutes felony malicious punishment of a child under
section 609.377;
(4) conduct towards a child that constitutes felony unreasonable restraint of a child under
section 609.255, subdivision 3;
(5) conduct towards a child that constitutes felony neglect or endangerment of a child under
section 609.378;
(6) conduct towards a child that constitutes assault under section 609.221, 609.222, or
609.223;
(7) conduct towards a child that constitutes solicitation, inducement, or promotion of, or
receiving profit derived from prostitution under section 609.322;
(8) conduct towards a child that constitutes murder or voluntary manslaughter as defined by
United States Code, title 18, section 1111(a) or 1112(a);
(9) conduct towards a child that constitutes aiding or abetting, attempting, conspiring, or
soliciting to commit a murder or voluntary manslaughter that constitutes a violation of United
States Code, title 18, section 1111(a) or 1112(a); or
(10) conduct toward a child that constitutes criminal sexual conduct under sections 609.342
to 609.345.
    Subd. 15. Emotional maltreatment. "Emotional maltreatment" means the consistent,
deliberate infliction of mental harm on a child by a person responsible for the child's care, that
has an observable, sustained, and adverse effect on the child's physical, mental, or emotional
development. "Emotional maltreatment" does not include reasonable training or discipline
administered by the person responsible for the child's care or the reasonable exercise of authority
by that person.
    Subd. 16. Emotionally disturbed. "Emotionally disturbed" means emotional disturbance as
described in section 245.4871, subdivision 15.
    Subd. 17. Family or household members. "Family or household members" means spouses,
former spouses, parents and children, persons related by blood, and persons who are presently
residing together or who have resided together in the past, and persons who have a child in
common regardless of whether they have been married or have lived together at any time.
    Subd. 18. Foster care. "Foster care" means 24 hour substitute care for children placed
away from their parents or guardian and for whom a responsible social services agency has
placement and care responsibility. "Foster care" includes, but is not limited to, placement in foster
family homes, foster homes of relatives, group homes, emergency shelters, residential facilities
not excluded in this subdivision, child care institutions, and proadoptive homes. A child is in
foster care under this definition regardless of whether the facility is licensed and payments are
made for the cost of care. Nothing in this definition creates any authority to place a child in a
home or facility that is required to be licensed which is not licensed. "Foster care" does not
include placement in any of the following facilities: hospitals, in-patient chemical dependency
treatment facilities, facilities that are primarily for delinquent children, any corrections facility or
program within a particular correction's facility not meeting requirements for Title IV-E facilities
as determined by the commissioner, facilities to which a child is committed under the provision of
chapter 253B, forestry camps, or jails.
    Subd. 19. Habitual truant. "Habitual truant" means a child under the age of 16 years who is
absent from attendance at school without lawful excuse for seven school days if the child is in
elementary school or for one or more class periods on seven school days if the child is in middle
school, junior high school, or high school, or a child who is 16 or 17 years of age who is absent
from attendance at school without lawful excuse for one or more class periods on seven school
days and who has not lawfully withdrawn from school under section 120A.22, subdivision 8.
    Subd. 20. Indian. "Indian," consistent with section 260.755, subdivision 7, means a person
who is a member of an Indian tribe or who is 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. 21. Indian child. "Indian child," consistent with section 260.755, subdivision 8,
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. 22. Legal custody. "Legal custody" means the right to the care, custody, and control
of a child who has been taken from a parent by the court in accordance with the provisions of
section 260C.201 or 260C.317. The expenses of legal custody are paid in accordance with the
provisions of section 260C.331.
    Subd. 23. Minor. "Minor" means an individual under 18 years of age.
    Subd. 24. Neglected and in foster care. "Neglected and in foster care" means a child
(a) Who has been placed in foster care by court order; and
(b) Whose parents' circumstances, condition, or conduct are such that the child cannot be
returned to them; and
(c) Whose parents, despite the availability of needed rehabilitative services, have failed to
make reasonable efforts to adjust their circumstances, condition or conduct, or have willfully
failed to meet reasonable expectations with regard to visiting the child or providing financial
support for the child.
    Subd. 25. Parent. "Parent" means the birth or adoptive parent of a minor. For an Indian
child, parent includes any Indian person who has adopted a child by tribal law or custom, as
provided in section 260.755, subdivision 14.
    Subd. 26. Person. "Person" includes any individual, association, corporation, partnership,
and the state or any of its political subdivisions, departments, or agencies.
    Subd. 27. Relative. "Relative" means a person related to the child by blood, marriage, or
adoption, or an individual who is an important friend with whom the child has resided or had
significant contact. For an Indian child, relative includes members of the extended family as
defined by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1903.
    Subd. 28. Runaway. "Runaway" means an unmarried child under the age of 18 years who is
absent from the home of a parent or other lawful placement without the consent of the parent,
guardian, or lawful custodian.
    Subd. 29. Secure detention facility. "Secure detention facility" means a physically
restricting facility, including but not limited to a jail, a hospital, a state institution, a residential
treatment center, or a detention home used for the temporary care of a child pending court action.
    Subd. 30. Shelter care facility. "Shelter care facility" means a physically unrestricting
facility, such as but not limited to, a hospital, a group home or a licensed facility for foster care,
used for the temporary care of a child pending court action.
History: 1999 c 139 art 3 s 2; art 4 s 2; 1999 c 245 art 8 s 43-45; 2000 c 260 s 34; 2001 c
73 s 1; 2001 c 178 art 1 s 5-10,44; 2003 c 2 art 1 s 26; 1Sp2003 c 14 art 11 s 11; 2004 c 288 art 3
s 28; 2005 c 159 art 2 s 13; 2006 c 212 art 1 s 13

EXPERT ASSISTANCE

260C.050 EXPERT ASSISTANCE.
In any county the court may provide for the physical and mental diagnosis of cases of minors
who are believed to be physically disabled, mentally ill, or developmentally disabled, and for
such purpose may appoint professionally qualified persons, whose compensation shall be fixed by
the judge with the approval of the county board.
History: 1999 c 139 art 3 s 3; 2005 c 56 s 1

JURISDICTION

260C.101 JURISDICTION.
    Subdivision 1. Children in need of protection or services, or neglected and in foster care.
The juvenile court has original and exclusive jurisdiction in proceedings concerning any child
who is alleged to be in need of protection or services, or neglected and in foster care.
    Subd. 2. Jurisdiction over other matters relating to children. Except as provided in clause
(d), the juvenile court has original and exclusive jurisdiction in proceedings concerning:
(a) The termination of parental rights to a child in accordance with the provisions of sections
260C.301 to 260C.328.
(b) The appointment and removal of a juvenile court guardian for a child, where parental
rights have been terminated under the provisions of sections 260C.301 to 260C.328.
(c) Judicial consent to the marriage of a child when required by law.
(d) The juvenile court in those counties in which the judge of the probate-juvenile court has
been admitted to the practice of law in this state shall proceed under the laws relating to adoptions
in all adoption matters. In those counties in which the judge of the probate-juvenile court has not
been admitted to the practice of law in this state the district court shall proceed under the laws
relating to adoptions in all adoption matters.
(e) The review of the foster care status of a child who has been placed in a residential facility,
as defined in section 260C.212, subdivision 1, pursuant to a voluntary release by the child's
parent or parents.
    Subd. 3. Jurisdiction over matters relating to domestic child abuse. The juvenile
court has jurisdiction in proceedings concerning any alleged acts of domestic child abuse. In a
jurisdiction which utilizes referees in child in need of protection or services matters, the court
or judge may refer actions under this subdivision to a referee to take and report the evidence in
the action. If the respondent does not appear after service is duly made and proved, the court
may hear and determine the proceeding as a default matter. Proceedings under this subdivision
shall be given docket priority by the court.
    Subd. 4. Jurisdiction over parents and guardians. A parent, guardian, or custodian of a
child who is subject to the jurisdiction of the court is also subject to the jurisdiction of the court
in any matter in which that parent, guardian, or custodian has a right to notice under section
260C.151 or 260C.152, or the right to participate under section 260C.163. In any proceeding
concerning a child alleged to be in need of protection or services, the court has jurisdiction over
a parent, guardian, or custodian for the purposes of a disposition order issued under section
260C.201, subdivision 6.
    Subd. 5. Jurisdiction over Indian children. In a child in need of protection or services
proceeding, when an Indian child is a ward of a tribal court with federally recognized child
welfare jurisdiction, the Indian tribe retains exclusive jurisdiction notwithstanding the residence
or domicile of an Indian child, as provided in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1911.
History: 1999 c 139 art 3 s 4; art 4 s 2; 2005 c 10 art 4 s 16

260C.121 VENUE.
    Subdivision 1. Venue. When it is alleged that a child is in need of protection or services,
venue may be in the county where the child is found, in the county of residence, or in the county
where the alleged conditions causing the child's need for protection or services occurred.
    Subd. 2. Transfer. The judge of the juvenile court may transfer any proceedings brought
under section 260C.101, except adoptions, to the juvenile court of a county having venue as
provided in subdivision 1, at any stage of the proceedings and in the following manner. When
it appears that the best interests of the child, society, or the convenience of proceedings will be
served by a transfer, the court may transfer the case to the juvenile court of the county of the
child's residence. With the consent of the receiving court, the court may also transfer the case to
the juvenile court of the county where the child is found. The court transfers the case by ordering
a continuance and by forwarding to the court administrator of the appropriate juvenile court a
certified copy of all papers filed, together with an order of transfer. The judge of the receiving
court may accept the findings of the transferring court or may direct the filing of a new petition or
notice under section 260C.143 and hear the case anew.
    Subd. 3. Resident of another state. If it appears at any stage of the proceeding that a child
before the court is a resident of another state, the court may invoke the provisions of the interstate
compact on juveniles or, if it is in the best interests of the child or the public to do so, the court
may place the child in the custody of the child's parent, guardian, or custodian, if the parent,
guardian, or custodian agrees to accept custody of the child and return the child to their state.
History: 1999 c 139 art 3 s 5

PROCEDURES

260C.141 PETITION.
    Subdivision 1. Who may file; required form. (a) Any reputable person, including but not
limited to any agent of the commissioner of human services, having knowledge of a child in this
state or of a child who is a resident of this state, who appears to be in need of protection or
services or neglected and in foster care, may petition the juvenile court in the manner provided
in this section.
(b) A petition for a child in need of protection filed by an individual who is not a county
attorney or an agent of the commissioner of human services shall be filed on a form developed
by the state court administrator and provided to court administrators. Copies of the form may
be obtained from the court administrator in each county. The court administrator shall review
the petition before it is filed to determine that it is completed. The court administrator may
reject the petition if it does not indicate that the petitioner has contacted the responsible social
services agency.
An individual may file a petition under this subdivision without seeking internal review of
the responsible social services agency's decision. The court shall determine whether there is
probable cause to believe that a need for protection or services exists before the matter is set for
hearing. If the matter is set for hearing, the court administrator shall notify the responsible social
services agency by sending notice to the county attorney.
The petition must contain:
(1) a statement of facts that would establish, if proven, that there is a need for protection or
services for the child named in the petition;
(2) a statement that petitioner has reported the circumstances underlying the petition to the
responsible social services agency, and protection or services were not provided to the child;
(3) a statement whether there are existing juvenile or family court custody orders or pending
proceedings in juvenile or family court concerning the child; and
(4) a statement of the relationship of the petitioner to the child and any other parties.
The court may not allow a petition to proceed under this paragraph if it appears that the sole
purpose of the petition is to modify custody between the parents.
    Subd. 2. Review of foster care status. Except for a child in foster care due solely to the
child's developmental disability or emotional disturbance, when a child continues in voluntary
placement according to section 260C.212, subdivision 8, a petition shall be filed alleging
the child to be in need of protection or services or seeking termination of parental rights or
other permanent placement of the child away from the parent within 90 days of the date of the
voluntary placement agreement. The petition shall state the reasons why the child is in placement,
the progress on the out-of-home placement plan required under section 260C.212, subdivision
1 , and the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201,
subdivision 11 , or 260C.301.
(1) In the case of a petition alleging the child to be in need of protection or services filed
under this paragraph, if all parties agree and the court finds it is in the best interests of the child,
the court may find the petition states a prima facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the best interests of the child;
(iii) reasonable efforts to reunify the child and the parent or guardian are being made; and
(iv) the child will be returned home in the next three months.
(2) If the court makes findings under paragraph (1), the court shall approve the voluntary
arrangement and continue the matter for up to three more months to ensure the child returns to the
parents' home. The responsible social services agency shall:
(i) report to the court when the child returns home and the progress made by the parent on
the out-of-home placement plan required under section 260C.212, in which case the court shall
dismiss jurisdiction;
(ii) report to the court that the child has not returned home, in which case the matter shall be
returned to the court for further proceedings under section 260C.163; or
(iii) if any party does not agree to continue the matter under this paragraph and paragraph
(1), the matter shall proceed under section 260C.163.
    Subd. 2a. Voluntary foster care placement. In the case of a child in voluntary placement
due solely to the child's developmental disability or emotional disturbance according to section
260C.212, subdivision 9, a petition under subdivision 1 shall not be filed unless a child continues
in foster care for 13 consecutive months from the date of the voluntary placement, in which case,
the responsible social services agency shall proceed under clause (2). In lieu of filing a petition to
obtain judicial review of a child's voluntary placement due solely to disability and within 165
days of the placement, the responsible social services agency must report to the court as follows:
(1) Report to court. (i) A written report shall be forwarded to the court within 165 days of the
date of the voluntary placement agreement. The written report shall contain necessary identifying
information for the court to proceed, a copy of the out-of-home placement plan required under
section 260C.212, subdivision 1, a written summary of the proceedings of any administrative
review required under section 260C.212, subdivision 7, and any other information the responsible
social services agency, parent or guardian, the child or the foster parent or other residential facility
wants the court to consider. In the case of a child in placement due solely to an emotional
disturbance, the written report shall include as an attachment the child's individual treatment plan
developed by the child's treatment professional, as provided in section 245.4871, subdivision
21 , or the child's individual interagency intervention plan, as provided in section 125A.023,
subdivision 3 , paragraph (c). In the case of a child in placement due solely to a developmental
disability, the written report shall include as an attachment the child's individual service plan, as
provided in section 256B.092, subdivision 1b; the child's individual program plan, as provided in
Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan; or the child's individual
interagency intervention plan, as provided in section 125A.023, subdivision 3, paragraph (c).
(ii) The responsible social services agency, where appropriate, must advise the child, parent
or guardian, the foster parent, or representative of the residential facility of the requirements of
this section and of their right to submit information to the court. If the child, parent or guardian,
foster parent, or representative of the residential facility wants to send information to the court,
the responsible social services agency shall advise those persons of the reporting date and the
identifying information necessary for the court administrator to accept the information and submit
it to a judge with the agency's report. The responsible social services agency must also notify
those persons that they have the right to be heard in person by the court and how to exercise that
right. The responsible social services agency must also provide notice that an in-court hearing
will not be held unless requested by a parent or guardian, foster parent, or the child.
(iii) After receiving the required report, the court has jurisdiction to make the following
determinations and must do so within ten days of receiving the forwarded report: (A) whether
or not the placement of the child is in the child's best interests; and (B) whether the parent and
agency are appropriately planning for the child. Unless requested by a parent or guardian, foster
parent, or child, no in-court hearing shall be held in order for the court to make findings and
issue an order under this paragraph.
(iv) If the court finds the placement is in the child's best interests and that the agency and
parent are appropriately planning for the child, the court shall issue an order containing explicit,
individualized findings to support its determination. The court shall send a copy of the order to the
county attorney, the responsible social services agency, the parent or guardian, the child, and the
foster parents. The court shall also send the parent or guardian, the child, and the foster parent
notice of the required review under clause (2).
(v) If the court finds continuing the placement not to be in the child's best interests or that
the agency or the parent or guardian is not appropriately planning for the child, the court shall
notify the county attorney, the responsible social services agency, the parent or guardian, the
foster parent, the child, and the county attorney of the court's determinations and the basis for
the court's determinations.
(2) Permanency review by petition. If a child with a developmental disability or an
emotional disturbance continues in out-of-home placement for 13 months from the date of a
voluntary placement, a petition alleging the child to be in need of protection or services, for
termination of parental rights, or for permanent placement of the child away from the parent under
section 260C.201 shall be filed. The court shall conduct a permanency hearing on the petition no
later than 14 months after the date of the voluntary placement. At the permanency hearing, the
court shall determine the need for an order permanently placing the child away from the parent
or determine whether there are compelling reasons that continued voluntary placement is in the
child's best interests. A petition alleging the child to be in need of protection or services shall state
the date of the voluntary placement agreement, the nature of the child's developmental disability
or emotional disturbance, the plan for the ongoing care of the child, the parents' participation in
the plan, the responsible social services agency's efforts to finalize a plan for the permanent
placement of the child, and the statutory basis for the petition.
(i) If a petition alleging the child to be in need of protection or services is filed under this
paragraph, the court may find, based on the contents of the sworn petition, and the agreement
of all parties, including the child, where appropriate, that there are compelling reasons that the
voluntary arrangement is in the best interests of the child and that the responsible social services
agency has made reasonable efforts to finalize a plan for the permanent placement of the child,
approve the continued voluntary placement, and continue the matter under the court's jurisdiction
for the purpose of reviewing the child's placement as a continued voluntary arrangement every 12
months as long as the child continues in out-of-home placement.
(ii) When the court finds compelling reasons and approves the continued voluntary
placement under this subdivision, the court shall not adjudicate the child in need of protection or
services and shall not order the child placed in foster care or transfer legal custody of the child to
the responsible social services agency. A finding that the court approves the continued voluntary
placement means the responsible social services agency has continued legal responsibility for the
child's placement due to the voluntary placement agreement and that the parent may terminate the
voluntary agreement as provided in section 260C.212, subdivision 4, paragraph (c), clause (2), or,
in the case of an Indian child, as provided in section 260.765, subdivision 4.
(iii) The matter must be returned to the court for further review every 12 months as long
as the child remains in placement. The court shall give notice to the parent or guardian of the
continued review requirements under this section. Nothing in this paragraph shall be construed to
mean the court must order permanent placement for the child under section 260C.201, subdivision
11 , as long as the court finds compelling reasons at the first review required under this section.
(iv) If a child diagnosed with developmental disability or emotional disturbance has been
ordered into foster care under section 260C.178 or 260C.201 and the conditions which led to the
court's order have been corrected so that the child could safely return to the care of the parent or
guardian except for the child's need for continued placement to access necessary treatment or
services, the responsible social services agency may file a motion with the court in the child in
need of protection or services matter to vacate the finding that the child is in need of protection
or services and to vacate the award of custody to the responsible agency. The motion shall be
supported by affidavit setting forth: (A) the agency's reasonable efforts to finalize a permanent
plan for the child including returning the child home; (B) the agency's compelling reasons why a
permanent placement need not be ordered under section 260C.201, subdivision 11; and (C) why
the voluntary placement is in the child's best interests. This motion must be filed no later than
the time a permanency placement determination hearing is required under section 260C.201,
subdivision 11 . At the time scheduled for the court to hear the agency's motion, the parent or
guardian and agency may execute a voluntary placement agreement when the court approves the
child's continued foster care placement as a voluntary arrangement. The court may approve
the continued foster care placement as a voluntary arrangement if it finds there are compelling
reasons why continued placement on a voluntary basis is in the child's best interests and that the
responsible social services agency has made reasonable efforts to finalize a plan for the permanent
placement of the child. The matter shall continue under the court's jurisdiction for the purpose
of reviewing the child's placement as a continued voluntary arrangement every 12 months
as long as the child continues in out-of-home placement due solely to the child's disability. A
finding that the court approves the continued voluntary placement means the responsible social
services agency has continued legal responsibility for the child's placement due to the voluntary
placement agreement and that the parent may terminate the voluntary agreement as provided in
section 260C.212, subdivision 4, paragraph (c), clause (2), or, in the case of an Indian child, as
provided in section 260.765, subdivision 4.
(v) If a petition for termination of parental rights, for transfer of permanent legal and physical
custody to a relative, for long-term foster care, or for foster care for a specified period of time is
filed, the court must proceed under section 260C.201, subdivision 11.
(3) If any party, including the child, disagrees with the voluntary arrangement, the court
shall proceed under section 260C.163.
    Subd. 3. Child in need of protection or services; habitual truant. If there is a school
attendance review board or county attorney mediation program operating in the child's school
district, a petition alleging that a child is in need of protection or services as a habitual truant under
section 260C.007, subdivision 6, clause (14), may not be filed until the applicable procedures
under section 260A.06 or 260A.07 have been followed.
    Subd. 4. Verification of petition. The petition shall be verified by the person having
knowledge of the facts and may be on information and belief. Unless otherwise provided by this
section or by rule or order of the court, the county attorney shall draft the petition upon the
showing of reasonable grounds to support the petition.
    Subd. 5. Form of petition. The petition and all subsequent court documents shall be entitled
substantially as follows:
"Juvenile Court, County of .................
In the matter of the welfare of ..........."
The petition shall set forth plainly:
(a) The facts which bring the child within the jurisdiction of the court;
(b) The name, date of birth, residence, and post office address of the child;
(c) The names, residences, and post office addresses of the child's parents;
(d) The name, residence, and post office address of the child's guardian if there is one, of
the person having custody or control of the child, and of the nearest known relative if no parent
or guardian can be found;
(e) The spouse of the child, if there is one. If any of the facts required by the petition are not
known or cannot be ascertained by the petitioner, the petition shall so state.
    Subd. 6. Concurrent jurisdiction. When a petition is filed alleging that a child has engaged
in prostitution as defined in section 609.321, subdivision 9, the county attorney shall determine
whether concurrent jurisdiction is necessary to provide appropriate intervention and, if so, proceed
to file a petition alleging the child to be both delinquent and in need of protection or services.
History: 1999 c 139 art 3 s 6; art 4 s 2; 1999 c 245 art 8 s 46; 2001 c 178 art 1 s 11,44;
2002 c 220 art 6 s 11; 2002 c 314 s 3; 1Sp2003 c 14 art 4 s 19; 2005 c 165 art 2 s 1

260C.143 PROCEDURE; HABITUAL TRUANTS, RUNAWAYS, OFFENDERS.
    Subdivision 1. Notice. When a peace officer, or attendance officer in the case of a habitual
truant, has probable cause to believe that a child is in need of protection or services under section
260C.007, subdivision 6, clause (13) or (14), the officer may issue a notice to the child to appear
in juvenile court in the county in which the child is found or in the county of the child's residence.
If there is a school attendance review board or county attorney mediation program operating in
the child's school district, a notice to appear in juvenile court for a habitual truant may not be
issued until the applicable procedures under section 260A.06 or 260A.07 have been followed. The
officer shall file a copy of the notice to appear with the juvenile court of the appropriate county. If
a child fails to appear in response to the notice, the court may issue a summons notifying the child
of the nature of the offense alleged and the time and place set for the hearing. If the peace officer
finds it necessary to take the child into custody, sections 260C.175 and 260C.176 shall apply.
    Subd. 2. Effect of notice. Filing with the court a notice to appear containing the name and
address of the child, specifying the offense alleged and the time and place it was committed, has
the effect of a petition giving the juvenile court jurisdiction. In the case of running away, the place
where the offense was committed may be stated in the notice as either the child's custodial parent's
or guardian's residence or lawful placement or where the child was found by the officer. In the
case of truancy, the place where the offense was committed may be stated as the school or the
place where the child was found by the officer.
    Subd. 3. Notice to parent. Whenever a notice to appear or petition is filed alleging that a
child is in need of protection or services under section 260C.007, subdivision 6, clause (13) or
(14), the court shall summon and notify the person or persons having custody or control of the
child of the nature of the offense alleged and the time and place of hearing. This summons and
notice shall be served in the time and manner provided in section 260C.151, subdivision 1.
    Subd. 4. Truant. When a peace officer or probation officer has probable cause to believe
that a child is absent from school without lawful excuse, consistent with section 120A.22,
subdivisions 5 and 8 , the officer may:
(1) transport the child to the child's home and deliver the child to the custody of the child's
parent or guardian;
(2) transport the child to the child's school of enrollment and deliver the child to the custody
of a school superintendent or teacher;
(3) transport the child to a truancy service center under section 260A.04, subdivision 3; or
(4) transport the child from the child's home to the child's school of enrollment or to a
truancy service center.
History: 1999 c 139 art 3 s 7; 2000 c 489 art 6 s 37; 2001 c 178 art 1 s 44

260C.148 PROCEDURE; DOMESTIC CHILD ABUSE.
    Subdivision 1. Petition. The local welfare agency may bring an emergency petition on
behalf of minor family or household members seeking relief from acts of domestic child abuse.
The petition shall be brought according to section 260C.141 and shall allege the existence of or
immediate and present danger of domestic child abuse. The court has jurisdiction over the parties
to a domestic child abuse matter notwithstanding that there is a parent in the child's household
who is willing to enforce the court's order and accept services on behalf of the family.
    Subd. 2. Temporary order. (a) If it appears from the notarized petition that there are
reasonable grounds to believe the child is in immediate and present danger of domestic child
abuse, the court may grant an ex parte temporary order for protection, pending a hearing pursuant
to section 260C.151, which must be held not later than 14 days after service of the ex parte order
on the respondent. The court may grant relief as it deems proper, including an order:
(1) restraining any party from committing acts of domestic child abuse; or
(2) excluding the alleged abusing party from the dwelling which the family or household
members share or from the residence of the child.
(b) No order excluding the alleged abusing party from the dwelling may be issued unless
the court finds that:
(1) the order is in the best interests of the child or children remaining in the dwelling; and
(2) a parent remaining in the child's household is able to care adequately for the child or
children in the absence of the excluded party and to seek appropriate assistance in enforcing
the provisions of the order.
(c) Before the temporary order is issued, the local welfare agency shall advise the court and
the other parties who are present that appropriate social services will be provided to the family or
household members during the effective period of the order. The petition shall identify the parent
remaining in the child's household under paragraph (b), clause (2).
An ex parte temporary order for protection shall be effective for a fixed period not to
exceed 14 days.
The court may renew the temporary order for protection one time for a fixed period not to
exceed 14 days if the court determines, upon informal review of the case file, that the renewal
is appropriate. If the court determines that the petition states a prima facie case that there are
reasonable grounds to believe that the child is in immediate danger of domestic child abuse or
child abuse without the court's order, at the hearing pursuant to section 260C.151, the court may
continue its order issued under this subdivision pending trial under section 260C.163.
    Subd. 3. Service and execution of order. Any order issued under this section or section
260C.201, subdivision 3, shall be served personally upon the respondent. Where necessary, the
court shall order the sheriff to assist in service or execution of the order.
    Subd. 4. Modification of order. Upon application, notice to all parties, and hearing, the
court may modify the terms of an existing order for protection issued under this section or section
260C.201, subdivision 3.
    Subd. 5. Right to apply for relief. The local welfare agency's right to apply for relief on
behalf of a child shall not be affected by the child's leaving the dwelling or household to avoid
abuse.
    Subd. 6. Real estate. Nothing in this section or section 260C.201, subdivision 3, shall
affect the title to real estate.
    Subd. 7. Other remedies available. Any relief ordered under this section or section
260C.201, subdivision 3, shall be in addition to other available civil or criminal remedies.
    Subd. 8. Copy to law enforcement agency. An order for protection granted pursuant to this
section or section 260C.201, subdivision 3, shall be forwarded by the court administrator within
24 hours to the local law enforcement agency with jurisdiction over the residence of the child.
Each appropriate law enforcement agency shall make available to other law enforcement
officers through a system of verification, information as to the existence and status of any order
for protection issued pursuant to this section or section 260C.201, subdivision 3.
History: 1999 c 139 art 3 s 8; art 4 s 2; 1999 c 245 art 8 s 47,48; 2005 c 10 art 2 s 4

260C.151 SUMMONS; NOTICE.
    Subdivision 1. Issuance of summons. After a petition has been filed and unless the parties
hereinafter named voluntarily appear, the court shall set a time for a hearing and shall issue a
summons requiring the person who has custody or control of the child to appear with the child
before the court at a time and place stated. The summons shall have a copy of the petition attached,
and shall advise the parties of the right to counsel and of the consequences of failure to obey the
summons. The court shall give docket priority to any child in need of protection or services or
neglected and in foster care, that contains allegations of child abuse over any other case. As used
in this subdivision, "child abuse" has the meaning given it in section 630.36, subdivision 2.
    Subd. 2. Notice. After a petition has been filed alleging a child to be in need of protection or
services and unless the persons named in clauses (1) to (4) voluntarily appear or are summoned
according to subdivision 1, the court shall issue a notice to:
(1) an adjudicated or presumed father of the child;
(2) an alleged father of the child;
(3) a noncustodial mother; and
(4) a grandparent with the right to participate under section 260C.163, subdivision 2.
    Subd. 3. Notice of pendency of case. The court shall have notice of the pendency of the
case and of the time and place of the hearing served upon a parent, guardian, or spouse of the
child, who has not been summoned as provided in subdivision 1. For an Indian child, notice of all
proceedings must comply with the Indian Child Welfare Act of 1978, United States Code, title
25, section 1901, et seq., and section 260.765.
    Subd. 4. Termination of parental rights. If a petition alleging a child's need for protection
or services, or a petition to terminate parental rights is initiated by a person other than a
representative of the Department of Human Services or responsible social services agency, the
court administrator shall notify the responsible social services agency of the pendency of the case
and of the time and place appointed.
    Subd. 5. Issuance of subpoena. The court may issue a subpoena requiring the appearance of
any other person whose presence, in the opinion of the court, is necessary.
    Subd. 6. Immediate custody. If the court makes individualized, explicit findings, based on
the notarized petition or sworn affidavit, that there are reasonable grounds to believe the child is
in surroundings or conditions which endanger the child's health, safety, or welfare that require
that responsibility for the child's care and custody be immediately assumed by the responsible
social services agency and that continuation of the child in the custody of the parent or guardian
is contrary to the child's welfare, the court may order that the officer serving the summons take
the child into immediate custody for placement of the child in foster care. In ordering that
responsibility for the care, custody, and control of the child be assumed by the responsible
social services agency, the court is ordering emergency protective care as that term is defined
in the juvenile court rules.
History: 1999 c 139 art 3 s 9; art 4 s 2; 1999 c 245 art 8 s 49; 2001 c 178 art 1 s 12,44;
2005 c 159 art 2 s 14

260C.152 SERVICE OF SUMMONS, NOTICE.
    Subdivision 1. Notice in lieu of summons; personal service. The service of a summons or a
notice in lieu of summons shall be as provided in the Rules of Juvenile Procedure.
    Subd. 2. Service; fees. Service of summons, notice, or subpoena required by sections
260C.151 to 260C.307 shall be made by any suitable person under the direction of the court, and
upon request of the court shall be made by a probation officer or any peace officer. The fees and
mileage of witnesses shall be paid by the county if the subpoena is issued by the court on its own
motion or at the request of the county attorney. All other fees shall be paid by the party requesting
the subpoena unless otherwise ordered by the court.
    Subd. 3. Notification. In any proceeding regarding a child in need of protection or services
in a state court, where the court knows or has reason to know that an Indian child is involved,
the prosecuting authority seeking the foster care placement of, or termination of parental rights
to an Indian child, shall notify the parent or Indian custodian and the Indian child's tribe of the
pending proceedings and of their right of intervention. The notice must be provided by registered
mail with return receipt requested unless personal service is accomplished. If the identity or
location of the parent or Indian custodian and the tribe cannot be determined, the notice shall be
given to the Secretary of the Interior of the United States in like manner, according to the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1912. No foster care placement
proceeding or termination of parental rights proceeding shall be held until at least ten days after
receipt of notice by the parent or Indian custodian and the tribe or the Secretary. However, the
parent or Indian custodian or the tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceeding.
    Subd. 4. Proof of service. Proof of the service required by this section shall be made by the
person having knowledge thereof.
    Subd. 5. Notice to foster parents and preadoptive parents and relatives. The foster
parents, if any, of a child and any preadoptive parent or relative providing care for the child must
be provided notice of and a right to be heard in any review or hearing to be held with respect to
the child. Any other relative may also request, and must be granted, a notice and the opportunity
to be heard under this section. This subdivision does not require that a foster parent, preadoptive
parent, or relative providing care for the child be made a party to a review or hearing solely on
the basis of the notice and right to be heard.
History: 1999 c 139 art 3 s 10; 2007 c 147 art 1 s 16

260C.154 FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, ARREST.
If any person personally served with summons or subpoena fails, without reasonable cause,
to appear or bring the child, or if the court has reason to believe the person is avoiding personal
service, the person may be proceeded against for contempt of court or the court may issue a
warrant for the person's arrest, or both. In any case when it appears to the court that the service
will be ineffectual, or that the welfare of the child requires that the child be brought forthwith into
the custody of the court, the court may issue a warrant for immediate custody of the child.
History: 1999 c 139 art 3 s 11

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 260C.101 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 245.4885 or
256B.092 or Minnesota Rules, parts 9530.6600 to 9530.6655, 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

260C.163 HEARING.
    Subdivision 1. General. (a) Except for hearings arising under section 260C.425, hearings
on any matter shall be without a jury and may be conducted in an informal manner. In all
adjudicatory proceedings involving a child alleged to be in need of protection or services, the
court shall admit only evidence that would be admissible in a civil trial. To be proved at trial,
allegations of a petition alleging a child to be in need of protection or services must be proved
by clear and convincing evidence.
    (b) Except for proceedings involving a child alleged to be in need of protection or services
and petitions for the termination of parental rights, hearings may be continued or adjourned from
time to time. In proceedings involving a child alleged to be in need of protection or services and
petitions for the termination of parental rights, hearings may not be continued or adjourned for
more than one week unless the court makes specific findings that the continuance or adjournment
is in the best interests of the child. If a hearing is held on a petition involving physical or sexual
abuse of a child who is alleged to be in need of protection or services or neglected and in foster
care, the court shall file the decision with the court administrator as soon as possible but no later
than 15 days after the matter is submitted to the court. When a continuance or adjournment is
ordered in any proceeding, the court may make any interim orders as it deems in the best interests
of the minor in accordance with the provisions of sections 260C.001 to 260C.421.
    (c) Except as otherwise provided in this paragraph, the court shall exclude the general public
from hearings under this chapter and shall admit only those persons who, in the discretion of the
court, have a direct interest in the case or in the work of the court.
    (d) Adoption hearings shall be conducted in accordance with the provisions of laws relating
to adoptions.
    (e) In any permanency hearing, including the transition of a child from foster care to
independent living, the court shall ensure that any consult with the child is in an age-appropriate
manner.
    Subd. 2. Right to participate in proceedings. A child who is the subject of a petition, and
the parents, guardian, or legal custodian of the child have the right to participate in all proceedings
on a petition. Official tribal representatives have the right to participate in any proceeding that is
subject to the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to
1963.
Any grandparent of the child has a right to participate in the proceedings to the same extent
as a parent, if the child has lived with the grandparent within the two years preceding the filing of
the petition. At the first hearing following the filing of a petition, the court shall ask whether the
child has lived with a grandparent within the last two years, except that the court need not make
this inquiry if the petition states that the child did not live with a grandparent during this time
period. Failure to notify a grandparent of the proceedings is not a jurisdictional defect.
If, in a proceeding involving a child in need of protection or services, the responsible social
services agency recommends transfer of permanent legal and physical custody to a relative, the
relative has a right to participate as a party, and thereafter shall receive notice of any hearing in
the proceedings.
    Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has the right
to effective assistance of counsel in connection with a proceeding in juvenile court.
(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the child,
parent, guardian, or custodian desires counsel but is unable to employ it, the court shall appoint
counsel to represent the child who is ten years of age or older or the parents or guardian in any
case in which it feels that such an appointment is appropriate.
(c) In any proceeding where the sole basis for the petition is habitual truancy, the child,
parent, guardian, and custodian do not have the right to appointment of a public defender or other
counsel at public expense. However, before any out-of-home placement, including foster care or
inpatient treatment, can be ordered, the court must appoint a public defender or other counsel at
public expense in accordance with paragraph (b).
(d) Counsel for the child shall not also act as the child's guardian ad litem.
(e) In any proceeding where the subject of a petition for a child in need of protection or
services is not represented by an attorney, the court shall determine the child's preferences
regarding the proceedings, if the child is of suitable age to express a preference.
    Subd. 4. County attorney. Except in adoption proceedings, the county attorney shall present
the evidence upon request of the court. In representing the agency, the county attorney shall also
have the responsibility for advancing the public interest in the welfare of the child.
    Subd. 5. Guardian ad litem. (a) The court shall appoint a guardian ad litem to protect the
interests of the minor when it appears, at any stage of the proceedings, that the minor is without
a parent or guardian, or that the minor's parent is a minor or incompetent, or that the parent or
guardian is indifferent or hostile to the minor's interests, and in every proceeding alleging a child's
need for protection or services under section 260C.007, subdivision 6, except proceedings where
the sole allegation is that the child is a runaway or habitual truant. In any other case the court may
appoint a guardian ad litem to protect the interests of the minor when the court feels that such an
appointment is desirable. The court shall appoint the guardian ad litem on its own motion or in the
manner provided for the appointment of a guardian ad litem in the district court. The court may
appoint separate counsel for the guardian ad litem if necessary.
(b) A guardian ad litem shall carry out the following responsibilities:
(1) conduct an independent investigation to determine the facts relevant to the situation of
the child and the family, which must include, unless specifically excluded by the court, reviewing
relevant documents; meeting with and observing the child in the home setting and considering the
child's wishes, as appropriate; and interviewing parents, caregivers, and others with knowledge
relevant to the case;
(2) advocate for the child's best interests by participating in appropriate aspects of the case
and advocating for appropriate community services when necessary;
(3) maintain the confidentiality of information related to a case, with the exception of sharing
information as permitted by law to promote cooperative solutions that are in the best interests of
the child;
(4) monitor the child's best interests throughout the judicial proceeding; and
(5) present written reports on the child's best interests that include conclusions and
recommendations and the facts upon which they are based.
(c) Except in cases where the child is alleged to have been abused or neglected, the court
may waive the appointment of a guardian ad litem pursuant to clause (a), whenever counsel
has been appointed pursuant to subdivision 2 or is retained otherwise, and the court is satisfied
that the interests of the minor are protected.
(d) In appointing a guardian ad litem pursuant to clause (a), the court shall not appoint the
party, or any agent or employee thereof, filing a petition pursuant to section 260C.141.
(e) The following factors shall be considered when appointing a guardian ad litem in a
case involving an Indian or minority child:
(1) whether a person is available who is the same racial or ethnic heritage as the child
or, if that is not possible;
(2) whether a person is available who knows and appreciates the child's racial or ethnic
heritage.
(f) The court shall require a background study for each guardian ad litem as provided under
section 518.165. The court shall have access to data collected pursuant to section 245C.32 for
purposes of the background study.
    Subd. 6. Examination of child. In any child in need of protection or services proceeding,
neglected and in foster care, or termination of parental rights proceeding the court may, on its own
motion or the motion of any party, take the testimony of a child witness informally when it is
in the child's best interests to do so. Informal procedures that may be used by the court include
taking the testimony of a child witness outside the courtroom. The court may also require counsel
for any party to the proceeding to submit questions to the court before the child's testimony is
taken, and to submit additional questions to the court for the witness after questioning has been
completed. The court may excuse the presence of the child's parent, guardian, or custodian from
the room where the child is questioned in accordance with subdivision 7.
    Subd. 7. Waiving presence of child, parent. The court may waive the presence of the minor
in court at any stage of the proceedings when it is in the best interests of the minor to do so. In
any proceeding, the court may temporarily excuse the presence of the parent or guardian of a
minor from the hearing when it is in the best interests of the minor to do so. The attorney or
guardian ad litem, if any, has the right to continue to participate in proceedings during the absence
of the minor, parent, or guardian.
    Subd. 8. Rights of parties at hearing. The minor and the minor's parent, guardian, or
custodian are entitled to be heard, to present evidence material to the case, and to cross-examine
witnesses appearing at the hearing.
    Subd. 9. Factors in determining neglect. In determining whether a child is neglected and in
foster care, the court shall consider, among other factors, the following:
(1) the length of time the child has been in foster care;
(2) the effort the parent has made to adjust circumstances, conduct, or conditions that
necessitates the removal of the child to make it in the child's best interest to be returned to the
parent's home in the foreseeable future, including the use of rehabilitative services offered to
the parent;
(3) whether the parent has visited the child within the three months preceding the filing of
the petition, unless extreme financial or physical hardship or treatment for mental disability or
chemical dependency or other good cause prevented the parent from visiting the child or it was
not in the best interests of the child to be visited by the parent;
(4) the maintenance of regular contact or communication with the agency or person
temporarily responsible for the child;
(5) the appropriateness and adequacy of services provided or offered to the parent to
facilitate a reunion;
(6) whether additional services would be likely to bring about lasting parental adjustment
enabling a return of the child to the parent within an ascertainable period of time, whether the
services have been offered to the parent, or, if services were not offered, the reasons they were
not offered; and
(7) the nature of the efforts made by the responsible social services agency to rehabilitate
and reunite the family and whether the efforts were reasonable.
    Subd. 10. Waiver. (a) Waiver of any right which a child has under this chapter must be an
express waiver voluntarily and intelligently made by the child after the child has been fully and
effectively informed of the right being waived.
(b) Waiver of a child's right to be represented by counsel provided under the juvenile court
rules must be an express waiver voluntarily and intelligently made by the child after the child has
been fully and effectively informed of the right being waived. In determining whether a child
has voluntarily and intelligently waived the right to counsel, the court shall look to the totality
of the circumstances which includes but is not limited to the child's age, maturity, intelligence,
education, experience, and ability to comprehend, and the presence and competence of the child's
parents, guardian, or guardian ad litem. If the court accepts the child's waiver, it shall state on the
record the findings and conclusions that form the basis for its decision to accept the waiver.
    Subd. 11. Presumptions regarding truancy or educational neglect. (a) A child's absence
from school is presumed to be due to the parent's, guardian's, or custodian's failure to comply
with compulsory instruction laws if the child is under 12 years old and the school has made
appropriate efforts to resolve the child's attendance problems; this presumption may be rebutted
based on a showing by clear and convincing evidence that the child is habitually truant. A child's
absence from school without lawful excuse, when the child is 12 years old or older, is presumed
to be due to the child's intent to be absent from school; this presumption may be rebutted based
on a showing by clear and convincing evidence that the child's absence is due to the failure of
the child's parent, guardian, or custodian to comply with compulsory instruction laws, sections
120A.22 and 120A.24.
(b) Consistent with section 125A.091, subdivision 5, a parent's refusal to provide the parent's
child with sympathomimetic medications does not constitute educational neglect.
History: 1999 c 139 art 3 s 13; art 4 s 2; 1999 c 245 art 8 s 50,51; 2000 c 260 s 35; 2000 c
357 s 1; 2001 c 178 art 1 s 44; 1Sp2001 c 6 art 3 s 15; 2002 c 220 art 6 s 12; 2002 c 314 s 4;
1Sp2003 c 2 art 7 s 4; 2004 c 294 art 5 s 17; 1Sp2005 c 4 art 1 s 48; 2007 c 147 art 1 s 17

260C.165 CERTAIN OUT-OF-COURT STATEMENTS ADMISSIBLE.
An out-of-court statement not otherwise admissible by statute or rule of evidence is
admissible in evidence in any child in need of protection or services, neglected and in foster care,
or domestic child abuse proceeding or any proceeding for termination of parental rights if:
(a) the statement was made by a child under the age of ten years or by a child ten years of
age or older who is mentally impaired, as defined in section 609.341, subdivision 6;
(b) the statement alleges, explains, denies, or describes:
(1) any act of sexual penetration or contact performed with or on the child;
(2) any act of sexual penetration or contact with or on another child observed by the child
making the statement;
(3) any act of physical abuse or neglect of the child by another; or
(4) any act of physical abuse or neglect of another child observed by the child making the
statement;
(c) the court finds that the time, content, and circumstances of the statement and the
reliability of the person to whom the statement is made provide sufficient indicia of reliability; and
(d) the proponent of the statement notifies other parties of an intent to offer the statement and
the particulars of the statement sufficiently in advance of the proceeding at which the proponent
intends to offer the statement into evidence, to provide the parties with a fair opportunity to
meet the statement.
For purposes of this section, an out-of-court statement includes a video, audio, or other
recorded statement.
History: 1999 c 139 art 3 s 14

260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACT.
The provisions of this chapter must be construed consistently with the Indian Child Welfare
Act of 1978, United States Code, title 25, sections 1901 to 1963.
History: 1999 c 139 art 3 s 15

RECORDS

260C.171 RECORDS.
    Subdivision 1. Records required to be kept. The juvenile court judge shall keep such
minutes and in such manner as the court deems necessary and proper. The juvenile court
shall provide, upon the request of any other juvenile court, copies of the records concerning
adjudications involving the particular child.
The court shall also keep an index in which files pertaining to juvenile matters shall be
indexed under the name of the child. After the name of each file shall be shown the file number
and, if ordered by the court, the book and page of the register in which the documents pertaining
to such file are listed. The court shall also keep a register properly indexed in which shall be listed
under the name of the child all documents filed pertaining to the child and in the order filed. The
list shall show the name of the document and the date of filing thereof. The juvenile court legal
records shall be deposited in files and shall include the petition, summons, notice, findings, orders,
decrees, judgments, and motions and such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be open at all reasonable times to the
inspection of any child to whom the records relate, and to the child's parent and guardian.
    Subd. 2. Public inspection of records. (a) The following records from proceedings or
portions of proceedings involving a child in need of protection or services that are open to the
public as authorized by Supreme Court order and court rules are accessible to the public unless
the court determines that access should be restricted because of the intensely personal nature of
the information:
(1) the summons and petition;
(2) affidavits of publication and service;
(3) certificates of representation;
(4) court orders;
(5) hearing and trial notices, witness lists, and subpoenas;
(6) motions and legal memoranda;
(7) exhibits introduced at hearings or trial that are not inaccessible under paragraph (b);
(8) birth records; and
(9) all other documents not listed as inaccessible to the public under paragraph (b).
(b) The following records are not accessible to the public under paragraph (a):
(1) written, audiotaped, or videotaped information from the social services agency, except
to the extent the information appears in the petition, court orders, or other documents that are
accessible under paragraph (a);
(2) child protection intake or screening notes;
(3) documents identifying reporters of maltreatment, unless the names and other identifying
information are redacted;
(4) guardian ad litem reports;
(5) victim statements and addresses and telephone numbers;
(6) documents identifying nonparty witnesses under the age of 18, unless the names and
other identifying information are redacted;
(7) transcripts of testimony taken during closed hearing;
(8) fingerprinting materials;
(9) psychological, psychiatric, and chemical dependency evaluations;
(10) presentence evaluations of juveniles and probation reports;
(11) medical records and test results;
(12) reports issued by sexual predator programs;
(13) diversion records of juveniles;
(14) any document which the court, upon its own motion or upon motion of a party, orders
inaccessible to serve the best interests of the child; and
(15) any other records that are not accessible to the public under rules developed by the
courts.
In addition, records that are accessible to the public under paragraph (a) become inaccessible
to the public if one year has elapsed since either the proceeding was dismissed or the court's
jurisdiction over the matter was terminated.
(c) Except as otherwise provided by this section, none of the records of the juvenile court
and none of the records relating to an appeal from a nonpublic juvenile court proceeding, except
the written appellate opinion, shall be open to public inspection or their contents disclosed except
by order of a court.
(d) The records of juvenile probation officers are records of the court for the purposes of
this subdivision. This subdivision applies to all proceedings under this chapter, including appeals
from orders of the juvenile court. The court shall maintain the confidentiality of adoption files
and records in accordance with the provisions of laws relating to adoptions. In juvenile court
proceedings any report or social history furnished to the court shall be open to inspection by the
attorneys of record and the guardian ad litem a reasonable time before it is used in connection
with any proceeding before the court.
(e) When a judge of a juvenile court, or duly authorized agent of the court, determines
under a proceeding under this chapter that a child has violated a state or local law, ordinance, or
regulation pertaining to the operation of a motor vehicle on streets and highways, except parking
violations, the judge or agent shall immediately report the violation to the commissioner of public
safety. The report must be made on a form provided by the Department of Public Safety and must
contain the information required under section 169.95.
    Subd. 3. Attorney access to records. An attorney representing a child, parent, or guardian
ad litem in a proceeding under this chapter shall be given access to records, responsible social
services agency files, and reports which form the basis of any recommendation made to the court.
An attorney does not have access under this subdivision to the identity of a person who made a
report under section 626.556. The court may issue protective orders to prohibit an attorney from
sharing a specified record or portion of a record with a client other than a guardian ad litem.
    Subd. 4. County attorney referral of child in need of protection or services. In a county in
which the county attorney refers children who are in need of protection or services to community
programs, the county attorney may provide a community program with data on a child who is a
participant or being considered for participation in the program.
    Subd. 5. Further release of records. A person who receives access to juvenile court or
peace officer records of children that are not accessible to the public may not release or disclose
the records to any other person except as authorized by law. This subdivision does not apply to the
child who is the subject of the records or the child's parent or guardian.
    Subd. 6. Notice to school. (a) As used in this subdivision, the following terms
have the meanings given. "Chemical substance," "methamphetamine paraphernalia," and
"methamphetamine waste products" have the meanings given in section 152.137, subdivision
1 . "School" means a charter school or a school as defined in section 120A.22, subdivision 4,
except a home school.
(b) If a child has been taken into protective custody after being found in an area where
methamphetamine was being manufactured or attempted to be manufactured or where any
chemical substances, methamphetamine paraphernalia, or methamphetamine waste products were
stored, and the child is enrolled in school, the officer who took the child into custody shall notify
the chief administrative officer of the child's school of this fact.
History: 1999 c 139 art 3 s 16; 2001 c 178 art 1 s 44; 1Sp2001 c 9 art 15 s 32; 2005 c
136 art 7 s 14

DETENTION

260C.175 TAKING CHILD INTO CUSTODY.
    Subdivision 1. Immediate custody. No child may be taken into immediate custody except:
(a) with an order issued by the court in accordance with the provisions of section 260C.151,
subdivision 6 , or Laws 1997, chapter 239, article 10, section 10, paragraph (a), clause (3), or 12,
paragraph (a), clause (3), or by a warrant issued in accordance with the provisions of section
260C.154;
(b) by a peace officer:
(1) when a child has run away from a parent, guardian, or custodian, or when the peace
officer reasonably believes the child has run away from a parent, guardian, or custodian; or
(2) when a child is found in surroundings or conditions which endanger the child's health or
welfare or which such peace officer reasonably believes will endanger the child's health or welfare.
If an Indian child is a resident of a reservation or is domiciled on a reservation but temporarily
located off the reservation, the taking of the child into custody under this clause shall be consistent
with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1922;
(c) by a peace officer or probation or parole officer when it is reasonably believed that the
child has violated the terms of probation, parole, or other field supervision; or
(d) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.
    Subd. 2. Notice to parent or custodian. Whenever a peace officer takes a child into custody
for shelter care or relative placement pursuant to subdivision 1, section 260C.151, subdivision 5,
or section 260C.154, the officer shall notify the parent or custodian that under section 260C.181,
subdivision 2 , the parent or custodian may request that the child be placed with a relative or a
designated caregiver under chapter 257A instead of in a shelter care facility. The officer also shall
give the parent or custodian of the child a list of names, addresses, and telephone numbers of social
services agencies that offer child welfare services. If the parent or custodian was not present when
the child was removed from the residence, the list shall be left with an adult on the premises or left
in a conspicuous place on the premises if no adult is present. If the officer has reason to believe the
parent or custodian is not able to read and understand English, the officer must provide a list that is
written in the language of the parent or custodian. The list shall be prepared by the commissioner
of human services. The commissioner shall prepare lists for each county and provide each county
with copies of the list without charge. The list shall be reviewed annually by the commissioner
and updated if it is no longer accurate. Neither the commissioner nor any peace officer or the
officer's employer shall be liable to any person for mistakes or omissions in the list. The list does
not constitute a promise that any agency listed will in fact assist the parent or custodian.
    Subd. 3. Protective pat-down search of child authorized. (a) A peace officer who takes a
child of any age or gender into custody under the provisions of this section is authorized to
perform a protective pat-down search of the child in order to protect the officer's safety.
(b) A peace officer also may perform a protective pat-down search of a child in order to
protect the officer's safety in circumstances where the officer does not intend to take the child into
custody, if this section authorizes the officer to take the child into custody.
(c) Evidence discovered in the course of a lawful search under this section is admissible.
History: 1999 c 139 art 3 s 17; 2003 c 2 art 1 s 27

260C.176 RELEASE OR DETENTION.
    Subdivision 1. Notice; release. If a child is taken into custody as provided in section
260C.175, the parent, guardian, or custodian of the child shall be notified as soon as possible.
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. When a child is taken into custody by a
peace officer under section 260C.175, subdivision 1, clause (b)(2), release from detention may be
authorized by the detaining officer, the detaining officer's supervisor, or the county attorney. If the
social services agency has determined that the child's health or welfare will not be endangered
and the provision of appropriate and available services will eliminate the need for placement, the
agency shall request authorization for the child's release from detention. The person to whom the
child is released shall promise to bring the child to the court, if necessary, at the time the court
may direct. If the person taking the child into custody believes it desirable, that person may
request the parent, guardian, custodian, or other person designated by the court to sign a written
promise to bring the child to court as provided above. The intentional violation of such a promise,
whether given orally or in writing, shall be punishable as contempt of court.
The court may require the parent, guardian, custodian, or other person to whom the child is
released, to post any reasonable bail or bond required by the court which shall be forfeited to
the court if the child does not appear as directed. The court may also release the child on the
child's own promise to appear in juvenile court.
    Subd. 2. Reasons for detention. (a) If the child is not released as provided in subdivision 1,
the person taking the child into custody shall notify the court as soon as possible of the detention
of the child and the reasons for detention.
(b) No child taken into custody and placed in a shelter care facility or relative's home by a
peace officer pursuant to section 260C.175, subdivision 1, clause (a) or (b)(2), may be held in
custody longer than 72 hours, excluding Saturdays, Sundays and holidays, unless a petition has
been filed and the judge or referee determines pursuant to section 260C.178 that the child shall
remain in custody or unless the court has made a finding of domestic abuse perpetrated by a minor
after a hearing under Laws 1997, chapter 239, article 10, sections 2 to 26, in which case the court
may extend the period of detention for an additional seven days, within which time the social
services agency shall conduct an assessment and shall provide recommendations to the court
regarding voluntary services or file a child in need of protection or services petition.
    Subd. 3. Advisement if detained. If the person who has taken the child into custody
determines that the child should be placed in a secure detention facility or a shelter care facility,
that person shall advise the child and as soon as is possible, the child's parent, guardian, or
custodian:
(a) of the reasons why the child has been taken into custody and why the child is being
placed in a juvenile secure detention facility or a shelter care facility;
(b) of the location of the juvenile secure detention facility or a shelter care facility. If there is
reason to believe that disclosure of the location of the shelter care facility would place the child's
health and welfare in immediate endangerment, disclosure of the location of the shelter care
facility shall not be made;
(c) that the child's parent, guardian, or custodian and attorney or guardian ad litem may
make an initial visit to the juvenile secure detention facility or shelter care facility at any time.
Subsequent visits by a parent, guardian, or custodian may be made on a reasonable basis during
visiting hours and by the child's attorney or guardian ad litem at reasonable hours;
(d) that the child may telephone parents and an attorney or guardian ad litem from the
juvenile secure detention facility or shelter care facility immediately after being admitted to the
facility and thereafter on a reasonable basis to be determined by the director of the facility;
(e) that the child may not be detained pursuant to section 260C.175, subdivision 1, clause
(a) or (c)(2), at a shelter care facility longer than 72 hours, excluding Saturdays, Sundays, and
holidays, unless a petition has been filed within that time and the court orders the child's continued
detention, pursuant to section 260C.178;
(f) of the date, time, and place of the detention hearing, if this information is available to the
person who has taken the child into custody; and
(g) that the child and the child's parent, guardian, or custodian have the right to be present
and to be represented by counsel at the detention hearing, and that if they cannot afford counsel,
counsel will be appointed at public expense for the child, or for any party, if it is a child in need of
protection or services, neglected and in foster care, or termination of parental rights matter.
    Subd. 4. Transportation. If a child is to be detained in a secure detention facility or a shelter
care facility, the child shall be promptly transported to the facility in a manner approved by the
facility or by securing a written transportation order from the court authorizing transportation
by the sheriff or other qualified person. The person who has determined that the child should be
detained shall deliver to the court and the supervisor of the secure detention facility or shelter care
facility where the child is placed, a signed report, setting forth:
(a) the time the child was taken into custody;
(b) the time the child was delivered for transportation to the secure detention facility or
shelter care facility;
(c) the reasons why the child was taken into custody;
(d) the reasons why the child has been placed in detention;
(e) a statement that the child and the child's parent have received the notification required by
subdivision 3 or the reasons why they have not been so notified; and
(f) any instructions required by subdivision 5.
    Subd. 5. Shelter care; notice to parent. When a child is to be placed in a shelter care
facility, the person taking the child into custody or the court shall determine whether or not there
is reason to believe that disclosure of the shelter care facility's location to the child's parent,
guardian, or custodian would immediately endanger the health and welfare of the child. If there is
reason to believe that the child's health and welfare would be immediately endangered, disclosure
of the location shall not be made. This determination shall be included in the report required by
subdivision 4, along with instructions to the shelter care facility to notify or withhold notification.
    Subd. 6. Report. (a) When a child has been delivered to a secure detention facility, the
supervisor of the facility shall deliver to the court a signed report acknowledging receipt of the
child stating the time of the child's arrival. The supervisor of the facility shall ascertain from the
report of the person who has taken the child into custody whether the child and a parent, guardian,
or custodian has received the notification required by subdivision 3. If the child or a parent,
guardian, or custodian, or both, have not been so notified, the supervisor of the facility shall
immediately make the notification and shall include in the report to the court a statement that
notification has been received or the reasons why it has not.
(b) When a child has been delivered to a shelter care facility, the supervisor of the facility
shall deliver to the court a signed report acknowledging receipt of the child stating the time of the
child's arrival. The supervisor of the facility shall ascertain from the report of the person who has
taken the child into custody whether the child's parent, guardian or custodian has been notified
of the placement of the child at the shelter care facility and its location, and the supervisor shall
follow any instructions concerning notification contained in that report.
History: 1999 c 139 art 3 s 18; 2000 c 260 s 36,37

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

260C.181 PLACE OF TEMPORARY CUSTODY; SHELTER CARE FACILITY.
    Subdivision 1. Temporary custody. A child taken into custody pursuant to section 260C.175
may be detained for up to 24 hours in a shelter care facility, secure detention facility, or, if there is
no secure detention facility available for use by the county having jurisdiction over the child, in a
jail or other facility for the confinement of adults who have been charged with or convicted of a
crime in quarters separate from any adult confined in the facility which has been approved for the
detention of juveniles by the commissioner of corrections. At the end of the 24-hour detention any
child requiring further detention may be detained only as provided in this section.
    Subd. 2. Least restrictive setting. Notwithstanding the provisions of subdivision 1, if the
child had been taken into custody pursuant to section 260C.175, subdivision 1, clause (a) or clause
(b)(2), and is not alleged to be delinquent, the child shall be detained in the least restrictive setting
consistent with the child's health and welfare and in closest proximity to the child's family as
possible. Placement may be with a child's relative, a designated caregiver under chapter 257A, or
in a shelter care facility. The placing officer shall comply with this section and shall document why
a less restrictive setting will or will not be in the best interests of the child for placement purposes.
    Subd. 3. Placement. If the child had been taken into custody and detained as one who is
alleged to be in need of protection or services under section 260C.007, subdivision 6, clause (13)
or (14), by reason of having been adjudicated, in need of protection or services under section
260C.007, subdivision 6, clause (13) or (14), or conditionally released by the juvenile court
without adjudication, has violated probation, parole, or other field supervision under which the
child had been placed as a result of behavior described in this subdivision, the child may be
placed only in a shelter care facility.
History: 1999 c 139 art 3 s 20; 2000 c 260 s 39; 2001 c 178 art 1 s 44

260C.188 CHILDREN IN CUSTODY; RESPONSIBILITY FOR MEDICAL CARE.
    Subdivision 1. Medical aid. If a child is taken into custody as provided in section 260C.175
and detained in a local juvenile secure detention facility or a shelter care facility, the child's
county of residence shall pay the costs of medical services provided to the child during the period
of time the child is residing in the facility. The county of residence is entitled to reimbursement
from the child or the child's family for payment of medical bills to the extent that the child or the
child's family has the ability to pay for the medical services. If there is a disagreement between
the county and the child or the child's family concerning the ability to pay or whether the medical
services were necessary, the court with jurisdiction over the child shall determine the extent, if
any, of the child's or the family's ability to pay for the medical services or whether the services are
necessary. If the child is covered by health or medical insurance or a health plan when medical
services are provided, the county paying the costs of medical services has a right of subrogation
to be reimbursed by the insurance carrier or health plan for all amounts spent by it for medical
services to the child that are covered by the insurance policy or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or health
plan. The county may maintain an action to enforce this subrogation right. The county does not
have a right of subrogation against the medical assistance program, the MinnesotaCare program,
or the general assistance medical care program.
    Subd. 2. Intake procedure; health coverage. As part of its intake procedure for children,
the official having custody over the child shall ask the child or the child's family, as appropriate,
whether the child has health coverage. If the child has coverage under a policy of accident and
health insurance regulated under chapter 62A, a health maintenance contract regulated under
chapter 62D, a group subscriber contract regulated under chapter 62C, a health benefit certificate
regulated under chapter 64B, a self-insured plan, or other health coverage, the child or the child's
family, as appropriate, shall provide to the official having custody over the child the name of the
carrier or administrator and other information and authorizations necessary for the official having
custody over the child to obtain specific information about coverage.
    Subd. 3. Obtaining health care in compliance with coverage. A county board may
authorize the officials having custody over children to fulfill the county board's obligation to
provide the medical aid required by subdivision 1 in accordance with the terms of the health plan
covering the child, where possible, subject to any rules and exceptions provided by the county
board. The official having custody over a child has no obligation to the child or to the child's
family to obtain the child's health care in accordance with the child's health coverage.
    Subd. 4. Scope. Subdivisions 1, 2, and 3 apply to any medical aid, including dental care,
provided to children held in custody by the county as described in subdivision 1.
History: 1999 c 139 art 3 s 21

DISPOSITION

260C.193 DISPOSITIONS; GENERAL PROVISIONS.
    Subdivision 1. Dismissal of petition. Whenever the court finds that the minor is not within
the jurisdiction of the court or that the facts alleged in the petition have not been proved, it shall
dismiss the petition.
    Subd. 2. Consideration of reports. Before making a disposition in a case, terminating
parental rights, or appointing a guardian for a child, the court may consider any report or
recommendation made by the responsible social services agency, probation officer, licensed
child-placing agency, foster parent, guardian ad litem, tribal representative, the child's health or
mental health care provider, or other authorized advocate for the child or child's family, a school
district concerning the effect on student transportation of placing a child in a school district in
which the child is not a resident, or any other information deemed material by the court.
    Subd. 3. Best interest of the child in foster care or residential care. (a) The policy of
the state is to ensure that the best interests of children in foster or residential care are met by
requiring individualized determinations under section 260C.212, subdivision 2, paragraph (b),
of the needs of the child and of how the selected placement will serve the needs of the child
in foster care placements.
(b) The court shall review whether the responsible social services agency made efforts
as required under section 260C.212, subdivision 5, and made an individualized determination
as required under section 260C.212, subdivision 2. If the court finds the agency has not made
efforts as required under section 260C.212, subdivision 5, and there is a relative who qualifies
to be licensed to provide family foster care under chapter 245A, the court may order the child
placed with the relative consistent with the child's best interests.
(c) If the child's birth parent or parents explicitly request that a relative or important friend
not be considered, the court shall honor that request if it is consistent with the best interests of
the child. If the child's birth parent or parents express a preference for placing the child in a
foster or adoptive home of the same or a similar religious background to that of the birth parent
or parents, the court shall order placement of the child with an individual who meets the birth
parent's religious preference.
(d) Placement of a child cannot be delayed or denied based on race, color, or national origin
of the foster parent or the child.
(e) Whenever possible, siblings should be placed together unless it is determined not to be in
the best interests of a sibling. If siblings are not placed together according to section 260C.212,
subdivision 2 , paragraph (d), the responsible social services agency shall report to the court the
efforts made to place the siblings together and why the efforts were not successful. If the court is
not satisfied with the agency's efforts to place siblings together, the court may order the agency
to make further efforts. If siblings are not placed together the court shall review the responsible
social services agency's plan for visitation among siblings required as part of the out-of-home
placement plan under section 260C.212.
(f) This subdivision does not affect the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.
    Subd. 4. Reports; juveniles placed out of state. Whenever a child is placed in a residential
program located outside of this state pursuant to a disposition order issued under section
260C.201, the juvenile court administrator shall report the following information to the state
court administrator:
(1) the fact that the placement is out of state;
(2) the type of placement; and
(3) the reason for the placement.
    Subd. 5. Intended outcomes. When the court orders an out-of-home placement disposition
for a child, the court shall state in its disposition order the intended outcome of the placement.
    Subd. 6. Termination of jurisdiction. The court may dismiss the petition or otherwise
terminate its jurisdiction on its own motion or on the motion or petition of any interested party at
any time. Unless terminated by the court, and except as otherwise provided in this subdivision,
the jurisdiction of the court shall continue until the individual becomes 19 years of age if the court
determines it is in the best interest of the individual to do so.
History: 1999 c 139 art 3 s 22; art 4 s 2; 1999 c 164 s 1; 1999 c 216 art 6 s 10; 2001 c 178
art 1 s 15,44; 2005 c 165 art 2 s 2; 2007 c 54 art 5 s 5

260C.201 DISPOSITIONS; CHILDREN WHO ARE IN NEED OF PROTECTION OR
SERVICES OR NEGLECTED AND IN FOSTER CARE.
    Subdivision 1. Dispositions. (a) If the court finds that the child is in need of protection
or services or neglected and in foster care, it shall enter an order making any of the following
dispositions of the case:
(1) place the child under the protective supervision of the responsible social services agency
or child-placing agency in the home of a parent of the child under conditions prescribed by the
court directed to the correction of the child's need for protection or services:
(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;
(ii) if the court orders the child into the home of a father who is not adjudicated, he must
cooperate with paternity establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court for the child to continue in his
home; and
(iii) the court may order the child into the home of a noncustodial parent with conditions and
may also order both the noncustodial and the custodial parent to comply with the requirements of
a case plan under subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In making a foster care placement for a child whose
custody has been transferred under this subdivision, the agency shall make an individualized
determination of how the placement is in the child's best interests using the consideration for
relatives and the best interest factors in section 260C.212, subdivision 2, paragraph (b); or
(3) order a trial home visit without modifying the transfer of legal custody to the responsible
social services agency under clause (2). Trial home visit means the child is returned to the care of
the parent or guardian from whom the child was removed for a period not to exceed six months.
During the period of the trial home visit, the responsible social services agency:
(i) shall continue to have legal custody of the child, which means the agency may see the
child in the parent's home, at school, in a child care facility, or other setting as the agency deems
necessary and appropriate;
(ii) shall continue to have the ability to access information under section 260C.208;
(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;
(iv) without previous court order or authorization, may terminate the trial home visit in order
to protect the child's health, safety, or welfare and may remove the child to foster care;
(v) shall advise the court and parties within three days of the termination of the trial home
visit when a visit is terminated by the responsible social services agency without a court order; and
(vi) shall prepare a report for the court when the trial home visit is terminated whether by
the agency or court order which describes the child's circumstances during the trial home visit
and recommends appropriate orders, if any, for the court to enter to provide for the child's safety
and stability. In the event a trial home visit is terminated by the agency by removing the child to
foster care without prior court order or authorization, the court shall conduct a hearing within ten
days of receiving notice of the termination of the trial home visit by the agency and shall order
disposition under this subdivision or conduct a permanency hearing under subdivision 11 or 11a.
The time period for the hearing may be extended by the court for good cause shown and if it is in
the best interests of the child as long as the total time the child spends in foster care without a
permanency hearing does not exceed 12 months;
(4) if the child has been adjudicated as a child in need of protection or services because the
child is in need of special services or care to treat or ameliorate a physical or mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the court may order the
child's parent, guardian, or custodian to provide it. The court may order the child's health plan
company to provide mental health services to the child. Section 62Q.535 applies to an order for
mental health services directed to the child's health plan company. If the health plan, parent,
guardian, or custodian fails or is unable to provide this treatment or care, the court may order it
provided. Absent specific written findings by the court that the child's disability is the result of
abuse or neglect by the child's parent or guardian, the court shall not transfer legal custody of the
child for the purpose of obtaining special treatment or care solely because the parent is unable
to provide the treatment or care. If the court's order for mental health treatment is based on a
diagnosis made by a treatment professional, the court may order that the diagnosing professional
not provide the treatment to the child if it finds that such an order is in the child's best interests; or
(5) if the court believes that the child has sufficient maturity and judgment and that it is in
the best interests of the child, the court may order a child 16 years old or older to be allowed to
live independently, either alone or with others as approved by the court under supervision the
court considers appropriate, if the county board, after consultation with the court, has specifically
authorized this dispositional alternative for a child.
(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition to or
as alternatives to the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents, guardian, or custodian;
(2) 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 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, place the child in a group foster care facility which is under the commissioner's
management and supervision;
(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:
(i) a reputable person of good moral character. No person may receive custody of two or
more unrelated children unless licensed to operate a residential program under sections 245A.01
to 245A.16; or
(ii) a county probation officer for placement in a group foster home established under the
direction of the juvenile court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The court shall order payment of the fine in a
manner that will not impose undue financial hardship upon the child;
(5) require the child to participate in a community service project;
(6) order the child to undergo a chemical dependency evaluation and, if warranted by the
evaluation, order participation by the child in a drug awareness program or an inpatient or
outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests of the child or of public safety that the
child's driver's license or instruction permit be canceled, the court may order the commissioner
of public safety to cancel the child's license or permit for any period up to the child's 18th
birthday. If the child does not have a driver's license or permit, the court may order a denial
of driving privileges for any period up to the child's 18th birthday. The court shall forward an
order issued under this clause to the commissioner, who shall cancel the license or permit or
deny driving privileges without a hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial, the court may, for good cause,
order the commissioner of public safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver the child to school at the beginning
of each school day for a period of time specified by the court; or
(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.
To the extent practicable, the court shall enter a disposition order the same day it makes a
finding that a child is in need of protection or services or neglected and in foster care, but in no
event more than 15 days after the finding unless the court finds that the best interests of the
child will be served by granting a delay. If the child was under eight years of age at the time the
petition was filed, the disposition order must be entered within ten days of the finding and the
court may not grant a delay unless good cause is shown and the court finds the best interests of the
child will be served by the delay.
(c) If a child who is 14 years of age or older is adjudicated in need of protection or services
because the child is a habitual truant and truancy procedures involving the child were previously
dealt with by a school attendance review board or county attorney mediation program under
section 260A.06 or 260A.07, the court shall order a cancellation or denial of driving privileges
under paragraph (b), clause (7), for any period up to the child's 18th birthday.
(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home, the
court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing to
provide an alternative safe living arrangement for the child, as defined in Laws 1997, chapter
239, article 10, section 2.
(e) When a parent has complied with a case plan ordered under subdivision 6 and the child is
in the care of the parent, the court may order the responsible social services agency to monitor the
parent's continued ability to maintain the child safely in the home under such terms and conditions
as the court determines appropriate under the circumstances.
    Subd. 2. Written findings. (a) Any order for a disposition authorized under this section shall
contain written findings of fact to support the disposition and case plan ordered and shall also
set forth in writing the following information:
(1) Why the best interests and safety of the child are served by the disposition and case
plan ordered;
(2) What alternative dispositions or services under the case plan were considered by the court
and why such dispositions or services were not appropriate in the instant case;
(3) When legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using the factors in section 260C.212,
subdivision 2, paragraph (b) ;
(4) Whether reasonable efforts consistent with section 260.012 were made to prevent or
eliminate the necessity of the child's removal and to reunify the family after removal. The court's
findings must include a brief description of what preventive and reunification efforts were made
and why further efforts could not have prevented or eliminated the necessity of removal or that
reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1; and
(5) If the child has been adjudicated as a child in need of protection or services because the
child is in need of special services or care to treat or ameliorate a mental disability or emotional
disturbance as defined in section 245.4871, subdivision 15, the written findings shall also set forth:
(i) whether the child has mental health needs that must be addressed by the case plan;
(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;
(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.
(b) If the court finds that the social services agency's preventive or reunification efforts have
not been reasonable but that further preventive or reunification efforts could not permit the child to
safely remain at home, the court may nevertheless authorize or continue the removal of the child.
(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the agency
to recruit, identify, and make a placement in a home where the foster parent or relative that has
committed to being the legally permanent home for the child in the event reunification efforts are
not successful.
    Subd. 3. Domestic child abuse. (a) If the court finds that the child is a victim of domestic
child abuse, as defined in section 260C.007, subdivision 28, it may order any of the following
dispositions of the case in addition to or as alternatives to the dispositions authorized under
subdivision 1:
(1) restrain any party from committing acts of domestic child abuse;
(2) exclude the abusing party from the dwelling which the family or household members
share or from the residence of the child;
(3) on the same basis as is provided in chapter 518, establish temporary visitation with regard
to minor children of the adult family or household members;
(4) on the same basis as is provided in chapter 518 or 518A, establish temporary support or
maintenance for a period of 30 days for minor children or a spouse;
(5) provide counseling or other social services for the family or household members; or
(6) order the abusing party to participate in treatment or counseling services.
Any relief granted by the order for protection shall be for a fixed period not to exceed
one year.
(b) No order excluding the abusing party from the dwelling may be issued unless the court
finds that:
(1) the order is in the best interests of the child or children remaining in the dwelling;
(2) a remaining adult family or household member is able to care adequately for the child or
children in the absence of the excluded party; and
(3) the local welfare agency has developed a plan to provide appropriate social services to
the remaining family or household members.
(c) Upon a finding that the remaining parent is able to care adequately for the child and
enforce an order excluding the abusing party from the home and that the provision of supportive
services by the responsible social services agency is no longer necessary, the responsible social
services agency may be dismissed as a party to the proceedings. Orders entered regarding the
abusing party remain in full force and effect and may be renewed by the remaining parent as
necessary for the continued protection of the child for specified periods of time, not to exceed
one year.
    Subd. 4. Support orders. If the court issues an order for protection pursuant to section
260C.201, subdivision 3, excluding an abusing party from the dwelling who is the parent of
a minor family or household member, it shall transfer the case file to the court which has
jurisdiction over proceedings under chapter 518 or 518A for the purpose of establishing support
or maintenance for minor children or a spouse, as provided in chapter 518 or 518A, during the
effective period of the order for protection. The court to which the case file is transferred shall
schedule and hold a hearing on the establishment of support or maintenance within 30 days of
the issuance of the order for protection. After an order for support or maintenance has been
granted or denied, the case file shall be returned to the juvenile court, and the order for support or
maintenance, if any, shall be incorporated into the order for protection.
    Subd. 5. Visitation. If the court orders that the child be placed outside of the child's home or
present residence, it shall set reasonable rules for supervised or unsupervised parental visitation
that contribute to the objectives of the court order and the maintenance of the familial relationship.
No parent may be denied visitation unless the court finds at the disposition hearing that the
visitation would act to prevent the achievement of the order's objectives or that it would endanger
the child's physical or emotional well-being. The court shall set reasonable rules for visitation for
any relatives as defined in section 260C.007, subdivision 27, and with siblings of the child, if
visitation is consistent with the best interests of the child.
    Subd. 6. Case plan. (a) For each disposition ordered where the child is placed away from a
parent or guardian, the court shall order the responsible social services agency to prepare a written
out-of-home placement plan according to the requirements of section 260C.212, subdivision 1.
(b) In cases where the child is not placed out of the home or is ordered into the home of a
noncustodial parent, the responsible social services agency shall prepare a plan for delivery of
social services to the child and custodial parent under section 626.556, subdivision 10, or any
other case plan required to meet the needs of the child. The plan shall be designed to safely
maintain the child in the home or to reunite the child with the custodial parent.
(c) The court may approve the case plan as presented or modify it after hearing from the
parties. Once the plan is approved, the court shall order all parties to comply with it. A copy of the
approved case plan shall be attached to the court's order and incorporated into it by reference.
(d) 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. 7. Order duration. Subject to subdivisions 10 and 11, all orders under this section
shall be for a specified length of time set by the court not to exceed one year. However, before
the order has expired and upon its own motion or that of any interested party, the court shall,
after notice to the parties and a hearing, renew the order for another year or make some other
disposition of the case, until the individual is no longer a minor. Any responsible social services
agency receiving legal custody of a child shall report to the court at such periods as the court may
direct and as required under juvenile court rules.
    Subd. 8. Service of order. Any person who provides services to a child under a disposition
order, or who is subject to the conditions of a disposition order, shall be served with a copy of the
order in the manner provided in the rules for juvenile courts.
    Subd. 9. Transfer of legal custody orders. When the court transfers legal custody of a child
to any licensed child-placing agency or the responsible social services agency, it shall transmit
with the order transferring legal custody a copy of its findings and a summary of its information
concerning the child.
    Subd. 10. Court review of foster care. (a) If the court orders a child placed in foster care,
the court shall review the out-of-home placement at least every 90 days as required in juvenile
court rules to determine whether continued out-of-home placement is necessary and appropriate or
whether the child should be returned home. This review is not required if the court has returned the
child home, ordered the child permanently placed away from the parent under subdivision 11, or
terminated rights under section 260C.301. Court review for a child permanently placed away from
a parent, including where the child is under guardianship and legal custody of the commissioner,
shall be governed by subdivision 11 or section 260C.317, subdivision 3, whichever is applicable.
(b) No later than six months after the child's placement in foster care, the court shall review
agency efforts pursuant to section 260C.212, subdivision 2, and order that the efforts continue if
the agency has failed to perform the duties under that section.
(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under subdivisions 6 and 7.
(d) When the court orders transfer of custody to a responsible social services agency
resulting in foster care or protective supervision with a noncustodial parent under subdivision
1, the court shall notify the parents of the provisions of subdivisions 11 and 11a as required
under juvenile court rules.
    Subd. 11. Review of court-ordered placements; permanent placement determination.
    (a) This subdivision and subdivision 11a do not apply in cases where the child is in placement
due solely to the child's developmental disability or emotional disturbance, where legal custody
has not been transferred to the responsible social services agency, and where the court finds
compelling reasons under section 260C.007, subdivision 8, to continue the child in foster care
past the time periods specified in this subdivision. Foster care placements of children due solely to
their disability are governed by section 260C.141, subdivision 2a. In all other cases where the
child is in foster care or in the care of a noncustodial parent under subdivision 1, the court shall
commence proceedings to determine the permanent status of a child not later than 12 months after
the child is placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing
commencing such proceedings, the court shall determine whether there is a prima facie basis for
finding that the agency made reasonable efforts, or in the case of an Indian child active efforts,
required under section 260.012 and proceed according to the rules of juvenile court.
    For purposes of this subdivision, the date of the child's placement in foster care is the
earlier of the first court-ordered placement or 60 days after the date on which the child has been
voluntarily placed in foster care by the child's parent or guardian. For purposes of this subdivision,
time spent by a child under the protective supervision of the responsible social services agency in
the home of a noncustodial parent pursuant to an order under subdivision 1 counts towards the
requirement of a permanency hearing under this subdivision or subdivision 11a. Time spent on a
trial home visit counts towards the requirement of a permanency hearing under this subdivision
and a permanency review for a child under eight years of age under subdivision 11a.
    For purposes of this subdivision, 12 months is calculated as follows:
    (1) during the pendency of a petition alleging that a child is in need of protection or services,
all time periods when a child is placed in foster care or in the home of a noncustodial parent
are cumulated;
    (2) if a child has been placed in foster care within the previous five years under one or more
previous petitions, the lengths of all prior time periods when the child was placed in foster care
within the previous five years are cumulated. If a child under this clause has been in foster care for
12 months or more, the court, if it is in the best interests of the child and for compelling reasons,
may extend the total time the child may continue out of the home under the current petition up to
an additional six months before making a permanency determination.
    (b) Unless the responsible social services agency recommends return of the child to the
custodial parent or parents, not later than 30 days prior to the admit-deny hearing required
under paragraph (a) and the rules of juvenile court, the responsible social services agency shall
file pleadings in juvenile court to establish the basis for the juvenile court to order permanent
placement of the child, including a termination of parental rights petition, according to paragraph
(d). Notice of the hearing and copies of the pleadings must be provided pursuant to section
260C.152.
    (c) The permanency proceedings shall be conducted in a timely fashion including that any
trial required under section 260C.163 shall be commenced within 60 days of the admit-deny
hearing required under paragraph (a). At the conclusion of the permanency proceedings, the
court shall:
    (1) order the child returned to the care of the parent or guardian from whom the child was
removed; or
    (2) order a permanent placement or termination of parental rights if permanent placement or
termination of parental rights is in the child's best interests. The "best interests of the child" means
all relevant factors to be considered and evaluated. Transfer of permanent legal and physical
custody, termination of parental rights, or guardianship and legal custody to the commissioner
through a consent to adopt are preferred permanency options for a child who cannot return home.
    (d) If the child is not returned to the home, the court must order one of the following
dispositions:
    (1) permanent legal and physical custody to a relative in the best interests of the child
according to the following conditions:
    (i) an order for transfer of permanent legal and physical custody to a relative shall only be
made after the court has reviewed the suitability of the prospective legal and physical custodian;
    (ii) in transferring permanent legal and physical custody to a relative, the juvenile court shall
follow the standards applicable under this chapter and chapter 260, and the procedures set out
in the juvenile court rules;
    (iii) an order establishing permanent legal and physical custody under this subdivision
must be filed with the family court;
    (iv) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;
    (v) the social services agency may bring a petition or motion naming a fit and willing relative
as a proposed permanent legal and physical custodian. The commissioner of human services shall
annually prepare for counties information that must be given to proposed custodians about their
legal rights and obligations as custodians together with information on financial and medical
benefits for which the child is eligible; and
    (vi) the juvenile court may maintain jurisdiction over the responsible social services agency,
the parents or guardian of the child, the child, and the permanent legal and physical custodian
for purposes of ensuring appropriate services are delivered to the child and permanent legal
custodian or for the purpose of ensuring conditions ordered by the court related to the care and
custody of the child are met;
    (2) termination of parental rights when the requirements of sections 260C.301 to 260C.328
are met or according to the following conditions:
    (i) order the social services agency to file a petition for termination of parental rights in
which case all the requirements of sections 260C.301 to 260C.328 remain applicable; and
    (ii) an adoption completed subsequent to a determination under this subdivision may include
an agreement for communication or contact under section 259.58;
    (3) long-term foster care according to the following conditions:
    (i) the court may order a child into long-term foster care only if it approves the responsible
social service agency's compelling reasons that neither an award of permanent legal and physical
custody to a relative, nor termination of parental rights is in the child's best interests;
    (ii) further, the court may only order long-term foster care for the child under this section if it
finds the following:
    (A) the child has reached age 12 and the responsible social services agency has made
reasonable efforts to locate and place the child with an adoptive family or with a fit and willing
relative who will agree to a transfer of permanent legal and physical custody of the child, but
such efforts have not proven successful; or
    (B) the child is a sibling of a child described in subitem (A) and the siblings have a significant
positive relationship and are ordered into the same long-term foster care home; and
    (iii) at least annually, the responsible social services agency reconsiders its provision of
services to the child and the child's placement in long-term foster care to ensure that:
    (A) long-term foster care continues to be the most appropriate legal arrangement for meeting
the child's need for permanency and stability, including whether there is another permanent
placement option under this chapter that would better serve the child's needs and best interests;
    (B) whenever possible, there is an identified long-term foster care family that is committed
to being the foster family for the child as long as the child is a minor or under the jurisdiction of
the court;
    (C) the child is receiving appropriate services or assistance to maintain or build connections
with the child's family and community;
    (D) the child's physical and mental health needs are being appropriately provided for; and
    (E) the child's educational needs are being met;
    (4) foster care for a specified period of time according to the following conditions:
    (i) foster care for a specified period of time may be ordered only if:
    (A) the sole basis for an adjudication that the child is in need of protection or services is
the child's behavior;
    (B) the court finds that foster care for a specified period of time is in the best interests
of the child; and
    (C) the court approves the responsible social services agency's compelling reasons that
neither an award of permanent legal and physical custody to a relative, nor termination of parental
rights is in the child's best interests;
    (ii) the order does not specify that the child continue in foster care for any period exceeding
one year; or
    (5) guardianship and legal custody to the commissioner of human services under the
following procedures and conditions:
    (i) there is an identified prospective adoptive home agreed to by the responsible social
services agency having legal custody of the child pursuant to court order under this section
that has agreed to adopt the child and the court accepts the parent's voluntary consent to adopt
under section 259.24, except that such consent executed by a parent under this item, following
proper notice that consent given under this provision is irrevocable upon acceptance by the court,
shall be irrevocable unless fraud is established and an order issues permitting revocation as
stated in item (vii);
    (ii) if the court accepts a consent to adopt in lieu of ordering one of the other enumerated
permanency dispositions, the court must review the matter at least every 90 days. The review will
address the reasonable efforts of the agency to achieve a finalized adoption;
    (iii) a consent to adopt under this clause vests all legal authority regarding the child,
including guardianship and legal custody of the child, with the commissioner of human services
as if the child were a state ward after termination of parental rights;
    (iv) the court must forward a copy of the consent to adopt, together with a certified copy of
the order transferring guardianship and legal custody to the commissioner, to the commissioner;
    (v) if an adoption is not finalized by the identified prospective adoptive parent within 12
months of the execution of the consent to adopt under this clause, the commissioner of human
services or the commissioner's delegate shall pursue adoptive placement in another home unless
the commissioner certifies that the failure to finalize is not due to either an action or a failure to
act by the prospective adoptive parent;
    (vi) notwithstanding item (v), the commissioner of human services or the commissioner's
designee must pursue adoptive placement in another home as soon as the commissioner
or commissioner's designee determines that finalization of the adoption with the identified
prospective adoptive parent is not possible, that the identified prospective adoptive parent is not
willing to adopt the child, that the identified prospective adoptive parent is not cooperative in
completing the steps necessary to finalize the adoption, or upon the commissioner's determination
to withhold consent to the adoption.
    (vii) unless otherwise required by the Indian Child Welfare Act, United States Code, title 25,
section 1913, a consent to adopt executed under this section, following proper notice that consent
given under this provision is irrevocable upon acceptance by the court, shall be irrevocable upon
acceptance by the court except upon order permitting revocation issued by the same court after
written findings that consent was obtained by fraud.
    (e) In ordering a permanent placement of a child, the court must be governed by the best
interests of the child, including a review of the relationship between the child and relatives and
the child and other important persons with whom the child has resided or had significant contact.
When the court has determined that permanent placement of the child away from the parent is
necessary, the court shall consider permanent alternative homes that are available both inside
and outside the state.
    (f) Once a permanent placement determination has been made and permanent placement has
been established, further court reviews are necessary if:
    (1) the placement is long-term foster care or foster care for a specified period of time;
    (2) the court orders further hearings because it has retained jurisdiction of a transfer of
permanent legal and physical custody matter;
    (3) an adoption has not yet been finalized; or
    (4) there is a disruption of the permanent or long-term placement.
    (g) Court reviews of an order for long-term foster care, whether under this section or section
260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and must review
the child's out-of-home placement plan and the reasonable efforts of the agency to finalize the
permanent plan for the child including the agency's efforts to:
    (1) ensure that long-term foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability or, if not, to identify and attempt to
finalize another permanent placement option under this chapter that would better serve the child's
needs and best interests;
    (2) identify a specific long-term foster home for the child, if one has not already been
identified;
    (3) support continued placement of the child in the identified home, if one has been identified;
    (4) ensure appropriate services are provided to address the physical health, mental health,
and educational needs of the child during the period of long-term foster care and also ensure
appropriate services or assistance to maintain relationships with appropriate family members and
the child's community; and
    (5) plan for the child's independence upon the child's leaving long-term foster care living as
required under section 260C.212, subdivision 1.
    (h) In the event it is necessary for a child that has been ordered into foster care for a specified
period of time to be in foster care longer than one year after the permanency hearing held under
this section, not later than 12 months after the time the child was ordered into foster care for a
specified period of time, the matter must be returned to court for a review of the appropriateness
of continuing the child in foster care and of the responsible social services agency's reasonable
efforts to finalize a permanent plan for the child; if it is in the child's best interests to continue the
order for foster care for a specified period of time past a total of 12 months, the court shall set
objectives for the child's continuation in foster care, specify any further amount of time the child
may be in foster care, and review the plan for the safe return of the child to the parent.
    (i) An order permanently placing a child out of the home of the parent or guardian must
include the following detailed findings:
    (1) how the child's best interests are served by the order;
    (2) the nature and extent of the responsible social service agency's reasonable efforts, or,
in the case of an Indian child, active efforts to reunify the child with the parent or guardian
where reasonable efforts are required;
    (3) the parent's or parents' efforts and ability to use services to correct the conditions which
led to the out-of-home placement; and
    (4) that the conditions which led to the out-of-home placement have not been corrected so
that the child can safely return home.
    (j) An order for permanent legal and physical custody of a child may be modified under
sections 518.18 and 518.185. The social services agency is a party to the proceeding and must
receive notice. A parent may only seek modification of an order for long-term foster care upon
motion and a showing by the parent of a substantial change in the parent's circumstances such
that the parent could provide appropriate care for the child and that removal of the child from the
child's permanent placement and the return to the parent's care would be in the best interest of the
child. The responsible social services agency may ask the court to vacate an order for long-term
foster care upon a prima facie showing that there is a factual basis for the court to order another
permanency option under this chapter and that such an option is in the child's best interests.
Upon a hearing where the court determines that there is a factual basis for vacating the order for
long-term foster care and that another permanent order regarding the placement of the child is
in the child's best interests, the court may vacate the order for long-term foster care and enter a
different order for permanent placement that is in the child's best interests. The court shall not
require further reasonable efforts to reunify the child with the parent or guardian as a basis for
vacating the order for long-term foster care and ordering a different permanent placement in the
child's best interests. The county attorney must file pleadings and give notice as required under the
rules of juvenile court in order to modify an order for long-term foster care under this paragraph.
    (k) The court shall issue an order required under this section within 15 days of the close of
the proceedings. The court may extend issuing the order an additional 15 days when necessary in
the interests of justice and the best interests of the child.
    (l) This paragraph applies to proceedings required under this subdivision when the child is
on a trial home visit:
    (1) if the child is on a trial home visit 12 months after the child was placed in foster care or in
the care of a noncustodial parent as calculated in this subdivision, the responsible social services
agency may file a report with the court regarding the child's and parent's progress on the trial
home visit and its reasonable efforts to finalize the child's safe and permanent return to the care
of the parent in lieu of filing the pleadings required under paragraph (b). The court shall make
findings regarding reasonableness of the responsible social services efforts to finalize the child's
return home as the permanent order in the best interests of the child. The court may continue the
trial home visit to a total time not to exceed six months as provided in subdivision 1. If the court
finds the responsible social services agency has not made reasonable efforts to finalize the child's
return home as the permanent order in the best interests of the child, the court may order other or
additional efforts to support the child remaining in the care of the parent; and
    (2) if a trial home visit ordered or continued at proceedings under this subdivision terminates,
the court shall re-commence proceedings under this subdivision to determine the permanent status
of the child not later than 30 days after the child is returned to foster care.
    Subd. 11a. Permanency review for children under eight. (a) Hearing to review progress
of the case. If the child was under eight years of age at the time the petition was filed alleging the
child was in need of protection or services, and the child continues in placement out of the home
of the parent or guardian from whom the child was removed, no later than six months after the
child's placement the court shall conduct a permanency hearing to review the progress of the case,
the parent's progress on the out-of-home placement plan, and the provision of services.
(b) County attorney and responsible agency's duties. Based on its assessment of the
parent's or guardian's progress on the out-of-home placement plan, the responsible social services
agency must ask the county attorney to file a petition for termination of parental rights, a petition
for transfer of permanent legal and physical custody to a relative, or the report required under
juvenile court rules.
(c) Court's findings. (1) If the parent or guardian has maintained contact with the child and
is complying with the court-ordered out-of-home placement plan, and if the child would benefit
from reunification with the parent, the court may either:
(i) return the child home, if the conditions which led to the out-of-home placement have been
sufficiently mitigated that it is safe and in the child's best interests to return home; or
(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according to
subdivision 11.
(2) If the court determines that the parent or guardian is not complying with the out-of-home
placement plan or is not maintaining regular contact with the child as outlined in the visitation plan
required as part of the out-of-home placement plan under section 260C.212, the court may order
the responsible social services agency to develop a plan for permanent placement of the child
away from the parent and to file a petition to support an order for the permanent placement plan.
(d) Responsible agency's or county attorney's duties. Following the review under
paragraphs (b) and (c):
(1) if the court has either returned the child home or continued the matter up to a total of six
additional months, the agency shall continue to provide services to support the child's return home
or to make reasonable efforts to achieve reunification of the child and the parent as ordered by the
court under an approved case plan;
(2) if the court orders the agency to develop a plan for the transfer of permanent legal and
physical custody of the child to a relative, a petition supporting the plan shall be filed in juvenile
court within 30 days of the hearing required under this subdivision and a trial on the petition held
within 30 days of the filing of the pleadings; or
(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed, a
petition for termination of parental rights shall be filed in juvenile court within 30 days of the
hearing required under this subdivision and a trial on the petition held within 90 days of the
filing of the petition.
    Subd. 12. Continuance of case. If it is in the best interests of the child to do so and if the
allegations contained in the petition have been admitted, or when a hearing has been held as
provided in section 260C.163 and the allegations contained in the petition have been duly proven,
before the entry of a finding of need for protection or services or a finding that a child is neglected
and in foster care, the court may continue the case for a period not to exceed 90 days on any
one order. Following the 90-day continuance:
(1) if both the parent and child have complied with the terms of the continuance, the case
must be dismissed without an adjudication that the child is in need of protection or services or that
the child is neglected and in foster care; or
(2) if either the parent or child has not complied with the terms of the continuance, the court
shall adjudicate the child in need of protection or services or neglected and in foster care.
History: 1999 c 139 art 3 s 23; art 4 s 2; 1999 c 245 art 8 s 54-57; 2000 c 260 s 40; 2001 c
178 art 1 s 16-23,44; 1Sp2001 c 9 art 9 s 47; 2002 c 304 s 7; 2002 c 379 art 1 s 113; 2004 c 288
art 3 s 29; 2005 c 136 art 15 s 5; 2005 c 159 art 2 s 16-18; 2005 c 164 s 29; 2005 c 165 art 2 s
3,4; 1Sp2005 c 5 art 2 s 80; 1Sp2005 c 7 s 28; 2007 c 147 art 1 s 18

260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.
Unless the court disposes of the petition under section 260C.141, subdivision 2, upon a
petition for review of the foster care status of a child, the court may:
(a) Find that the child's needs are not being met, in which case the court shall order the social
services agency or the parents to take whatever action is necessary and feasible to meet the child's
needs, including, when appropriate, the provision by the social services agency of services to
the parents which would enable the child to live at home, and order a disposition under section
260C.201.
(b) Find that the child has been abandoned by parents financially or emotionally, or that
the developmentally disabled child does not require out-of-home care because of the disabling
condition, in which case the court shall order the social services agency to file an appropriate
petition pursuant to section 260C.141, subdivision 1, or 260C.307.
(c) When a child is in placement due solely to the child's developmental disability or
emotional disturbance and the court finds that there are compelling reasons which permit the court
to approve the continued voluntary placement of the child and retain jurisdiction to conduct
reviews as required under section 260C.141, subdivision 2, the court shall give the parent notice
by registered United States mail of the review requirements of section 260C.141, subdivision 2, in
the event the child continues in placement 12 months or longer.
Nothing in this section shall be construed to prohibit bringing a petition pursuant to section
260C.141, subdivision 1 or 4, sooner than required by court order pursuant to this section.
History: 1999 c 139 art 3 s 24; art 4 s 2; 1999 c 245 art 8 s 58; 2001 c 178 art 1 s 24;
2005 c 56 s 1; 2005 c 165 art 2 s 5

260C.206 COUNTY RESPONSIBILITY FOR TRANSITIONAL SERVICES PLANS.
When a child is subject to a court dispositional order resulting in an out-of-home placement
potentially exceeding 30 days in a residential program under this chapter, the county in which
the court is located is responsible for monitoring the implementation of a transitional service
plan upon the child's discharge from the program. The county's responsibility under this section
extends to juveniles committed to the commissioner of corrections who have completed the
90-day residential after-care component of the program. The county's responsibility includes
monitoring and coordinating after-care services to the child.
History: 1999 c 139 art 4 s 2; 1999 c 216 art 6 s 12

260C.207 REPORTS ON ACHIEVEMENT OF GOALS OF COURT-ORDERED
OUT-OF-HOME PLACEMENTS.
By January 15, 2002, and each January 15 after that, the commissioners of corrections and
human services shall report to the legislature on the extent to which the goals of court-ordered
out-of-home placements required under section 260C.193, subdivision 5, are being met.
History: 1999 c 139 art 4 s 2; 1999 c 216 art 6 s 13

260C.208 INFORMATION FOR CHILD PLACEMENT.
    Subdivision 1. Agency with placement authority. An agency with legal responsibility for
the placement of a child may request and shall receive all information pertaining to the child
that it considers necessary to appropriately carry out its duties. That information must include
educational, medical, psychological, psychiatric, and social or family history data retained in any
form by any individual or entity. The agency may gather appropriate data regarding the child's
parents in order to develop and implement a case plan required by section 260C.212. Upon request
of the court responsible for overseeing the provision of services to the child and family and for
implementing orders that are in the best interest of the child, the responsible social services
agency or tribal social services agency shall provide appropriate written or oral reports from any
individual or entity that has provided services to the child or family. The reports must include the
nature of the services being provided the child or family; the reason for the services; the nature,
extent, and quality of the child's or parent's participation in the services, where appropriate; and
recommendations for continued services, where appropriate. The individual or entity shall report
all observations and information upon which it bases its report as well as its conclusions. If
necessary to facilitate the receipt of the reports, the court may issue appropriate orders.
    Subd. 2. Access to specific data. A social services agency responsible for the residential
placement of a child under this section and the residential facility in which the child is placed
shall have access to the following data on the child:
(1) medical data under section 13.384;
(2) corrections and detention data under section 13.85;
(3) juvenile court data under section 260C.171; and
(4) health records under sections 144.291 to 144.298.
History: 1999 c 139 art 3 s 25; 1999 c 227 s 22; 2001 c 178 art 1 s 44; 2007 c 147 art 10 s 15

260C.209 BACKGROUND CHECKS.
    Subdivision 1. Subjects. The responsible social services agency must initiate a background
study to be completed by the commissioner under chapter 245C on the following individuals:
    (1) a noncustodial parent or nonadjudicated parent who is being assessed for purposes
of providing day-to-day care of a child temporarily or permanently under section 260C.212,
subdivision 4 , and any member of the parent's household who is over the age of 13 when there is
a reasonable cause to believe that the parent or household member over age 13 has a criminal
history or a history of maltreatment of a child or vulnerable adult which would endanger the
child's health, safety, or welfare;
    (2) an individual whose suitability for relative placement under section 260C.212,
subdivision 5 , is being determined and any member of the relative's household who is over
the age of 13 when:
    (i) the relative must be licensed for foster care; or
    (ii) the background study is required under section 259.53, subdivision 2; or
    (iii) the agency or the commissioner has reasonable cause to believe the relative or household
member over the age of 13 has a criminal history which would not make transfer of permanent
legal and physical custody to the relative under section 260C.201, subdivision 11, in the child's
best interest; and
    (3) a parent, following an out-of-home placement, when the responsible social services
agency has reasonable cause to believe that the parent has been convicted of a crime directly
related to the parent's capacity to maintain the child's health, safety, or welfare or the parent is
the subject of an open investigation of, or has been the subject of a substantiated allegation of,
child or vulnerable-adult maltreatment within the past ten years.
"Reasonable cause" means that the agency has received information or a report from the subject
or a third person that creates an articulable suspicion that the individual has a history that may
pose a risk to the health, safety, or welfare of the child. The information or report must be specific
to the potential subject of the background check and shall not be based on the race, religion,
ethnic background, age, class, or lifestyle of the potential subject.
    Subd. 2. General procedures. (a) When initiating a background check under subdivision 1,
the agency shall require the individual being assessed to provide sufficient information to ensure
an accurate assessment under this section, including:
    (1) the individual's first, middle, and last name and all other names by which the individual
has been known;
    (2) home address, zip code, city, county, and state of residence for the past five years;
    (3) sex;
    (4) date of birth; and
    (5) driver's license number or state identification number.
    (b) When notified by the commissioner or the responsible social services agency that
it is conducting an assessment under this section, the Bureau of Criminal Apprehension,
commissioners of health and human services, law enforcement, and county agencies must
provide the commissioner or the responsible social services agency or county attorney with the
following information on the individual being assessed: criminal history data, reports about
the maltreatment of adults substantiated under section 626.557, and reports of maltreatment of
minors substantiated under section 626.556.
    Subd. 3. Multistate information. For every background study completed under this section,
the subject of the background study shall provide the responsible social services agency with
a set of classifiable fingerprints obtained from an authorized agency. The responsible social
services agency shall provide the fingerprints to the commissioner, and the commissioner shall
obtain criminal history data from the National Criminal Records Repository by submitting the
fingerprints to the Bureau of Criminal Apprehension.
In cases involving the emergency placement of children, the social services agency or county
attorney may request a name-based check of the National Criminal Records Repository. In those
cases, fingerprints of the individual being checked must be forwarded to the Bureau of Criminal
Apprehension for submission to the Federal Bureau of Investigation within 15 calendar days of
the name-based check. If the subject of the name-based check does not provide fingerprints upon
request, the child or children must be removed from the home.
    Subd. 4. Notice upon receipt. The commissioner must provide the subject of the background
study with the results of the study as required under chapter 245C.
History: 2005 c 136 art 15 s 6; 2007 c 8 s 1; 2007 c 147 art 3 s 29

260C.212 CHILDREN IN PLACEMENT.
    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be
prepared within 30 days after any child is placed in a residential facility by court order or by the
voluntary release of the child by the parent or parents.
    For purposes of this section, a residential facility means any group home, family foster home
or other publicly supported out-of-home residential facility, including any out-of-home residential
facility under contract with the state, county or other political subdivision, or any agency thereof,
to provide those services or foster care as defined in section 260C.007, subdivision 18.
    (b) An out-of-home placement plan means a written document which is prepared by the
responsible social services agency jointly with the parent or parents or guardian of the child and in
consultation with the child's guardian ad litem, the child's tribe, if the child is an Indian child, the
child's foster parent or representative of the residential facility, and, where appropriate, the child.
For a child in placement due solely or in part to the child's emotional disturbance, preparation
of the out-of-home placement plan shall additionally include the child's mental health treatment
provider. As appropriate, the plan shall be:
    (1) submitted to the court for approval under section 260C.178, subdivision 7;
    (2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and
    (3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a
representative of the child's tribe, the responsible social services agency, and, if possible, the child.
    (c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:
    (1) a description of the residential facility including how the out-of-home placement plan is
designed to achieve a safe placement for the child in the least restrictive, most family-like, setting
available which is in close proximity to the home of the parent or parents or guardian of the
child when the case plan goal is reunification, and how the placement is consistent with the best
interests and special needs of the child according to the factors under subdivision 2, paragraph (b);
    (2) the specific reasons for the placement of the child in a residential facility, and when
reunification is the plan, a description of the problems or conditions in the home of the parent or
parents which necessitated removal of the child from home and the changes the parent or parents
must make in order for the child to safely return home;
    (3) a description of the services offered and provided to prevent removal of the child from
the home and to reunify the family including:
    (i) the specific actions to be taken by the parent or parents of the child to eliminate or correct
the problems or conditions identified in clause (2), and the time period during which the actions
are to be taken; and
    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services to be
provided or offered to the parent or parents or guardian of the child, the child, and the residential
facility during the period the child is in the residential facility;
    (4) a description of any services or resources that were requested by the child or the child's
parent, guardian, foster parent, or custodian since the date of the child's placement in the
residential facility, and whether those services or resources were provided and if not, the basis for
the denial of the services or resources;
    (5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed together
in the residential facility, and whether visitation is consistent with the best interest of the child,
during the period the child is in the residential facility;
    (6) documentation of steps to finalize the adoption or legal guardianship of the child if
the court has issued an order terminating the rights of both parents of the child or of the only
known, living parent of the child. At a minimum, the documentation must include child-specific
recruitment efforts such as relative search and the use of state, regional, and national adoption
exchanges to facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b) ;
    (7) the health and educational records of the child including the most recent information
available regarding:
    (i) the names and addresses of the child's health and educational providers;
    (ii) the child's grade level performance;
    (iii) the child's school record;
    (iv) assurances that the child's placement in foster care takes into account proximity to the
school in which the child is enrolled at the time of placement;
    (v) a record of the child's immunizations;
    (vi) the child's known medical problems, including any known communicable diseases, as
defined in section 144.4172, subdivision 2;
    (vii) the child's medications; and
    (viii) any other relevant health and education information;
    (8) an independent living plan for a child age 16 or older who is in placement as a result of a
permanency disposition. The plan should include, but not be limited to, the following objectives:
    (i) educational, vocational, or employment planning;
    (ii) health care planning and medical coverage;
    (iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;
    (iv) money management;
    (v) planning for housing;
    (vi) social and recreational skills; and
    (vii) establishing and maintaining connections with the child's family and community; and
    (9) for a child in placement due solely or in part to the child's emotional disturbance,
diagnostic and assessment information, specific services relating to meeting the mental health
care needs of the child, and treatment outcomes.
    (d) The parent or parents or guardian and the child each shall have the right to legal counsel
in the preparation of the case plan and shall be informed of the right at the time of placement of
the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel
from their own resources, the court shall appoint counsel upon the request of the parent or parents
or the child or the child's legal guardian. The parent or parents may also receive assistance from
any person or social services agency in preparation of the case plan.
    After the plan has been agreed upon by the parties involved or approved or ordered by the
court, the foster parents shall be fully informed of the provisions of the case plan and shall be
provided a copy of the plan.
    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and physical
custodian, as appropriate, and the child, if appropriate, must be provided with a current copy of
the child's health and education record.
    Subd. 2. Placement decisions based on best interest of the child. (a) The policy of the state
of Minnesota is to ensure that the child's best interests are met by requiring an individualized
determination of the needs of the child and of how the selected placement will serve the needs
of the child being placed. The authorized child-placing agency shall place a child, released by
court order or by voluntary release by the parent or parents, in a family foster home selected by
considering placement with relatives and important friends in the following order:
    (1) with an individual who is related to the child by blood, marriage, or adoption; or
    (2) with an individual who is an important friend with whom the child has resided or had
significant contact.
    (b) Among the factors the agency shall consider in determining the needs of the child are
the following:
    (1) the child's current functioning and behaviors;
    (2) the medical, educational, and developmental needs of the child;
    (3) the child's history and past experience;
    (4) the child's religious and cultural needs;
    (5) the child's connection with a community, school, and church;
    (6) the child's interests and talents;
    (7) the child's relationship to current caretakers, parents, siblings, and relatives; and
    (8) the reasonable preference of the child, if the court, or the child-placing agency in the case
of a voluntary placement, deems the child to be of sufficient age to express preferences.
    (c) Placement of a child cannot be delayed or denied based on race, color, or national origin
of the foster parent or the child.
    (d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is determined not to be in the best interests of a sibling or unless it is not possible
after appropriate efforts by the responsible social services agency.
    (e) Except for emergency placement as provided for in section 245A.035, a completed
background study is required under section 245C.08 before the approval of a foster placement in a
related or unrelated home.
    Subd. 3. Limit on multiple placements. If a child has been placed in a residential facility
pursuant to a court order under section 260C.178 or 260C.201, the social services agency
responsible for the residential facility placement for the child may not change the child's
placement unless the agency specifically documents that the current placement is unsuitable or
another placement is in the best interests of the child. This subdivision does not apply if the new
placement is in an adoptive home or other permanent placement.
    Subd. 4. Responsible social service agency's duties for children in placement. (a) When a
child is in placement, the responsible social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents of the child.
    (1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the child
temporarily or permanently. An assessment under this clause may include, but is not limited to,
obtaining information under section 260C.209. If after assessment, the responsible social services
agency determines that a noncustodial or nonadjudicated parent is willing and capable of providing
day-to-day care of the child, the responsible social services agency may seek authority from the
custodial parent or the court to have that parent assume day-to-day care of the child. If a parent is
not an adjudicated parent, the responsible social services agency shall require the nonadjudicated
parent to cooperate with paternity establishment procedures as part of the case plan.
    (2) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:
    (i) prepare an out-of-home placement plan addressing the conditions that each parent must
meet before the child can be in that parent's day-to-day care; and
    (ii) provide a parent who is the subject of a background study under section 260C.209 15
days' notice that it intends to use the study to recommend against putting the child with that
parent, as well as the notice provided in section 260C.209, subdivision 4, and the court shall
afford the parent an opportunity to be heard concerning the study.
    The results of a background study of a noncustodial parent shall not be used by the agency to
determine that the parent is incapable of providing day-to-day care of the child unless the agency
reasonably believes that placement of the child into the home of that parent would endanger
the child's health, safety, or welfare.
    (3) If, after the provision of services following an out-of-home placement plan under this
section, the child cannot return to the care of the parent from whom the child was removed or
who had legal custody at the time the child was placed in foster care, the agency may petition on
behalf of a noncustodial parent to establish legal custody with that parent under section 260C.201,
subdivision 11 . If paternity has not already been established, it may be established in the same
proceeding in the manner provided for under chapter 257.
    (4) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after the
filing of a petition under section 260C.141.
    (b) The responsible social services agency shall give notice to the parent or parents or
guardian of each child in a residential facility, other than a child in placement due solely to that
child's developmental disability or emotional disturbance, of the following information:
    (1) that residential care of the child may result in termination of parental rights or an order
permanently placing the child out of the custody of the parent, but only after notice and a hearing
as required under chapter 260C and the juvenile court rules;
    (2) time limits on the length of placement and of reunification services, including the date
on which the child is expected to be returned to and safely maintained in the home of the parent
or parents or placed for adoption or otherwise permanently removed from the care of the parent
by court order;
    (3) the nature of the services available to the parent;
    (4) the consequences to the parent and the child if the parent fails or is unable to use services
to correct the circumstances that led to the child's placement;
    (5) the first consideration for placement with relatives;
    (6) the benefit to the child in getting the child out of residential care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;
    (7) when safe for the child, the benefits to the child and the parent of maintaining visitation
with the child as soon as possible in the course of the case and, in any event, according to the
visitation plan under this section; and
    (8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in the residential facility.
    (c) The responsible social services agency shall inform a parent considering voluntary
placement of a child who is not developmentally disabled or emotionally disturbed of the
following information:
    (1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;
    (2) the parent is not required to agree to the voluntary placement, and a parent who enters a
voluntary placement agreement may at any time request that the agency return the child. If the
parent so requests, the child must be returned within 24 hours of the receipt of the request;
    (3) evidence gathered during the time the child is voluntarily placed may be used at a later
time as the basis for a petition alleging that the child is in need of protection or services or as
the basis for a petition seeking termination of parental rights or other permanent placement
of the child away from the parent;
    (4) if the responsible social services agency files a petition alleging that the child is in need
of protection or services or a petition seeking the termination of parental rights or other permanent
placement of the child away from the parent, the parent would have the right to appointment of
separate legal counsel and the child would have a right to the appointment of counsel and a
guardian ad litem as provided by law, and that counsel will be appointed at public expense if
they are unable to afford counsel; and
    (5) the timelines and procedures for review of voluntary placements under subdivision 3,
and the effect the time spent in voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.
    (d) When an agency accepts a child for placement, the agency shall determine whether the
child has had a physical examination by or under the direction of a licensed physician within the
12 months immediately preceding the date when the child came into the agency's care. If there
is documentation that the child has had an examination within the last 12 months, the agency
is responsible for seeing that the child has another physical examination within one year of the
documented examination and annually in subsequent years. If the agency determines that the
child has not had a physical examination within the 12 months immediately preceding placement,
the agency shall ensure that the child has an examination within 30 days of coming into the
agency's care and once a year in subsequent years.
    (e) If a child leaves foster care by reason of having attained the age of majority under state
law, the child must be given at no cost a copy of the child's health and education report.
    Subd. 5. Relative search; nature. (a) In implementing the requirement that the responsible
social services agency must consider placement with a relative under subdivision 2 without
delay after identifying the need for placement of the child in foster care, the responsible social
services agency shall identify relatives of the child and notify them of the need for a foster care
home for the child and of the possibility of the need for a permanent out-of-home placement of
the child. The relative search required by this section shall be reasonable and comprehensive in
scope and may last up to six months or until a fit and willing relative is identified. The relative
search required by this section shall include both maternal relatives of the child and paternal
relatives of the child, if paternity is adjudicated. The relatives must be notified that they must
keep the responsible social services agency informed of their current address in order to receive
notice that a permanent placement is being sought for the child. A relative who fails to provide
a current address to the responsible social services agency forfeits the right to notice of the
possibility of permanent placement. A decision by a relative not to be a placement resource at
the beginning of the case shall not affect whether the relative is considered for placement of the
child with that relative later.
(b) A responsible social services agency may disclose private or confidential data, as defined
in section 13.02, to relatives of the child for the purpose of locating a suitable placement. The
agency shall disclose only data that is necessary to facilitate possible placement with relatives. If
the child's parent refuses to give the responsible social services agency information sufficient to
identify the maternal and paternal relatives of the child, the agency shall ask the juvenile court
to order the parent to provide the necessary information. If a parent makes an explicit request
that relatives or a specific relative not be contacted or considered for placement, the agency shall
bring the parent's request to the attention of the court to determine whether the parent's request
is consistent with the best interests of the child and the agency shall not contact relatives or a
specific relative unless authorized to do so by the juvenile court.
(c) When the placing agency determines that a permanent placement hearing is necessary
because there is a likelihood that the child will not return to a parent's care, the agency may
send the notice provided in paragraph (d), may ask the court to modify the requirements of
the agency under this paragraph, or may ask the court to completely relieve the agency of the
requirements of this paragraph. The relative notification requirements of this paragraph do not
apply when the child is placed with an appropriate relative or a foster home that has committed to
being the permanent legal placement for the child and the agency approves of that foster home for
permanent placement of the child. The actions ordered by the court under this section must be
consistent with the best interests, safety, and welfare of the child.
(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the court
under paragraph (c), when the agency determines that it is necessary to prepare for the permanent
placement determination hearing, or in anticipation of filing a termination of parental rights
petition, the agency shall send notice to the relatives, any adult with whom the child is currently
residing, any adult with whom the child has resided for one year or longer in the past, and any
adults who have maintained a relationship or exercised visitation with the child as identified in the
agency case plan. The notice must state that a permanent home is sought for the child and that the
individuals receiving the notice may indicate to the agency their interest in providing a permanent
home. The notice must state that within 30 days of receipt of the notice an individual receiving the
notice must indicate to the agency the individual's interest in providing a permanent home for the
child or that the individual may lose the opportunity to be considered for a permanent placement.
(e) The Department of Human Services shall develop a best practices guide and specialized
staff training to assist the responsible social services agency in performing and complying with
the relative search requirements under this subdivision.
    Subd. 6. Change in placement. If a child is removed from a permanent placement disposition
authorized under section 260C.201, subdivision 11, within one year after the placement was made:
(1) the child must be returned to the residential facility where the child was placed
immediately preceding the permanent placement; or
(2) the court shall hold a hearing within ten days after the child is removed from the
permanent placement to determine where the child is to be placed. A guardian ad litem must be
appointed for the child for this hearing.
    Subd. 7. Administrative or court review of placements. (a) There shall be an administrative
review of the out-of-home placement plan of each child placed in a residential facility no later
than 180 days after the initial placement of the child in a residential facility and at least every
six months thereafter if the child is not returned to the home of the parent or parents within that
time. The out-of-home placement plan must be monitored and updated at each administrative
review. As an alternative to the administrative review, the social services agency responsible
for the placement may bring a petition as provided in section 260C.141, subdivision 2, to the
court for review of the foster care to determine if placement is in the best interests of the
child. This petition must be brought to the court in order for a court determination to be made
regarding the best interests of the child within the applicable six months and is not in lieu of the
requirements contained in subdivision 3 or 4. A court review conducted pursuant to section
260C.201, subdivision 11, or section 260C.141, subdivision 2, shall satisfy the requirement for an
administrative review so long as the other requirements of this section are met.
(b) At the review required under paragraph (a), the reviewing administrative body or the
court shall review:
(1) the safety of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) where appropriate, the extent of progress which has been made toward alleviating or
mitigating the causes necessitating placement in a residential facility;
(5) where appropriate, the projected date by which the child may be returned to and safely
maintained in the home or placed permanently away from the care of the parent or parents or
guardian; and
(6) the appropriateness of the services provided to the child.
    Subd. 8. Review of voluntary placements. Except for a child in placement due solely to
the child's developmental disability or emotional disturbance, if the child has been placed in a
residential facility pursuant to a voluntary release by the parent or parents, and is not returned
home within 90 days after initial placement in the residential facility, the social services agency
responsible for the placement shall:
(1) return the child to the home of the parent or parents; or
(2) file a petition according to section 260C.141, subdivision 1 or 2, which may:
(i) ask the court to review the placement and approve it for up to an additional 90 days;
(ii) ask the court to order continued out-of-home placement according to sections 260C.178
and 260C.201; or
(iii) ask the court to terminate parental rights under section 260C.301.
The out-of-home placement plan must be updated and filed along with the petition.
If the court approves continued out-of-home placement for up to 90 more days, at the end of
the court-approved 90-day period, the child must be returned to the parent's home. If the child
is not returned home, the responsible social services agency must proceed on the petition filed
alleging the child in need of protection or services or the petition for termination of parental rights
or other permanent placement of the child away from the parent. The court must find a statutory
basis to order the placement of the child under section 260C.178; 260C.201; or 260C.317.
    Subd. 9. Review of certain child placements. (a) When a developmentally disabled child
or emotionally disturbed child needs placement in a residential facility for the sole reason of
accessing services or a level of skilled care that cannot be provided in the parent's home, the
child must be placed pursuant to a voluntary placement agreement between the responsible
social services agency and the child's parent. The voluntary placement agreement must give the
responsible social services agency legal responsibility for the child's physical care, custody, and
control, but must not transfer legal custody of the child to the agency. The voluntary placement
agreement must be executed in a form developed and promulgated by the commissioner of human
services. The responsible social services agency shall report to the commissioner the number of
children who are the subject of a voluntary placement agreement under this subdivision and other
information regarding these children as the commissioner may require.
    (b) If a developmentally disabled child or a child diagnosed as emotionally disturbed has
been placed in a residential facility pursuant to a voluntary release by the child's parent or
parents because of the child's disabling conditions or need for long-term residential treatment
or supervision, the social services agency responsible for the placement shall report to the court
and bring a petition for review of the child's foster care status as required in section 260C.141,
subdivision 2a .
    (c) If a child is in placement due solely to the child's developmental disability or emotional
disturbance, the court finds compelling reasons not to proceed under section 260C.201,
subdivision 11 , and custody of the child is not transferred to the responsible social services
agency under section 260C.201, subdivision 1, paragraph (a), clause (2), no petition is required by
section 260C.201, subdivision 11.
    (d) Whenever a petition for review is brought pursuant to this subdivision, a guardian ad
litem shall be appointed for the child.
    Subd. 10. Rules; children in residential facilities. The commissioner of human services
shall promulgate all rules necessary to carry out the provisions of Public Law 96-272 as regards
the establishment of a state goal for the reduction of the number of children in residential facilities
beyond 24 months.
    Subd. 11. Rules. The commissioner shall revise Minnesota Rules, parts 9545.0010 to
9545.0260, the rules setting standards for family and group family foster care. The commissioner
shall:
(1) require that, as a condition of licensure, foster care providers attend training on
understanding and validating the cultural heritage of all children in their care, and on the
importance of the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923,
and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and
(2) review and, where necessary, revise foster care rules to reflect sensitivity to cultural
diversity and differing lifestyles. Specifically, the commissioner shall examine whether space and
other requirements discriminate against single-parent, minority, or low-income families who may
be able to provide quality foster care reflecting the values of their own respective cultures.
    Subd. 12. Fair hearing review. Any person whose claim for foster care payment pursuant
to the placement of a child resulting from a child protection assessment under section 626.556
is denied or not acted upon with reasonable promptness may appeal the decision under section
256.045, subdivision 3.
History: 1999 c 139 art 3 s 26; art 4 s 2; 1999 c 245 art 8 s 19-25; 2001 c 178 art 1 s
25-31,44; 2002 c 290 s 2; 2004 c 288 art 3 s 30; 2005 c 56 s 1; 2005 c 98 art 3 s 21; 2005 c 136
art 15 s 7; 2005 c 165 art 2 s 6; 2007 c 147 art 1 s 19-21; art 3 s 30

260C.213 CONCURRENT PERMANENCY PLANNING.
    Subdivision 1. Program; goals. (a) The commissioner of human services shall establish a
program for concurrent permanency planning for child protection services.
(b) Concurrent permanency planning involves a planning process for children who are
placed out of the home of their parents pursuant to a court order, or who have been voluntarily
placed out of the home by the parents for 60 days or more and who are not developmentally
disabled or emotionally disabled under section 260C.212, subdivision 9. The responsible social
services agency shall develop an alternative permanency plan while making reasonable efforts for
reunification of the child with the family, if required by section 260.012. The goals of concurrent
permanency planning are to:
(1) achieve early permanency for children;
(2) decrease children's length of stay in foster care and reduce the number of moves children
experience in foster care; and
(3) develop a group of families who will work towards reunification and also serve as
permanent families for children.
    Subd. 2. Development of guidelines and protocols. The commissioner shall establish
guidelines and protocols for social services agencies involved in concurrent permanency
planning, including criteria for conducting concurrent permanency planning based on relevant
factors such as:
(1) age of the child and duration of out-of-home placement;
(2) prognosis for successful reunification with parents;
(3) availability of relatives and other concerned individuals to provide support or a permanent
placement for the child; and
(4) special needs of the child and other factors affecting the child's best interests.
In developing the guidelines and protocols, the commissioner shall consult with interest
groups within the child protection system, including child protection workers, child protection
advocates, county attorneys, law enforcement, community service organizations, the councils
of color, and the ombudsperson for families.
    Subd. 3. Parental involvement and disclosure. Concurrent permanency planning programs
must include involvement of parents and full disclosure of their rights and responsibilities; goals
of concurrent permanency planning; support services that are available for families; permanency
options; and the consequences of not complying with case plans.
    Subd. 4. Technical assistance. The commissioner of human services shall provide ongoing
technical assistance, support, and training for responsible social services agencies and other
individuals and agencies involved in concurrent permanency planning.
    Subd. 5. Availability of funding. The requirements of this section relating to concurrent
permanency planning are effective only for state fiscal years when aid is distributed for concurrent
permanency planning.
History: 1999 c 139 art 3 s 27; 2000 c 260 s 41; 2001 c 178 art 1 s 44; 1Sp2003 c 14
art 11 s 11; 2005 c 56 s 1

260C.215 WELFARE OF CHILDREN.
    Subdivision 1. Recruitment of foster families. Each authorized child-placing agency
shall make special efforts to recruit a foster family from among the child's relatives, except as
authorized in section 260C.193, subdivision 3. In recruiting placements for each child, the agency
must focus on that child's particular needs and the capacities of the particular prospective foster
parents to meet those needs. Each agency shall provide for diligent recruitment of potential foster
families that reflect the ethnic and racial diversity of the children in the state for whom foster
homes are needed. Special efforts include contacting and working with community organizations
and religious organizations and may include contracting with these organizations, utilizing local
media and other local resources, conducting outreach activities, and increasing the number of
minority recruitment staff employed by the agency. The requirement of special efforts to locate
relatives in this section is satisfied on the earlier of the following occasions:
(1) when the child is placed with a relative who is interested in providing a permanent
placement for the child; or
(2) when the responsible child-placing agency has made special efforts for six months
following the child's placement in a residential facility and the court approves the agency's efforts
pursuant to section 260C.201, subdivision 10. The agency may accept any gifts, grants, offers of
services, and other contributions to use in making special recruitment efforts.
    Subd. 2. Duties of commissioner. The commissioner of human services shall:
(1) in cooperation with child-placing agencies, develop a cost-effective campaign using radio
and television to recruit adoptive and foster families that reflect the ethnic and racial diversity of
children in the state for whom adoptive and foster homes are needed; and
(2) require that agency staff people who work in the area of adoption and foster family
recruitment participate in cultural competency training.
    Subd. 3. Recruitment specialist. The commissioner shall designate a permanent professional
staff position for recruitment of foster and adoptive families. The recruitment specialist shall
provide services to child-placing agencies seeking to recruit adoptive and foster care families and
qualified professional staff. The recruitment specialist shall:
(1) develop materials for use by the agencies in training staff;
(2) conduct in-service workshops for agency personnel;
(3) provide consultation, technical assistance, and other appropriate services to agencies to
strengthen and improve service delivery to diverse populations; and
(4) conduct workshops for foster care and adoption recruiters to evaluate the effectiveness
of techniques for recruiting foster and adoptive families; and
(5) perform other duties as assigned by the commissioner to implement the Minnesota Indian
Family Preservation Act, sections 260.751 to 260.835.
The commissioner may contract for portions of these services.
    Subd. 4. Consultation with representatives. The commissioner of human services, after
seeking and considering advice from representatives reflecting diverse populations from the
councils established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local,
and community organizations shall:
(1) review and, where necessary, revise the Department of Human Services Social Service
Manual and Practice Guide to reflect federal and state policy direction on placement of children;
(2) develop criteria for determining whether a prospective adoptive or foster family has the
ability to understand and validate the child's cultural background;
(3) develop a standardized training curriculum for adoption and foster care workers,
family-based providers, and administrators who work with children. Training must address the
following objectives:
(a) developing and maintaining sensitivity to all cultures;
(b) assessing values and their cultural implications; and
(c) making individualized decisions that advance the best interests of a particular child
under section 260C.212, subdivision 2;
(4) develop a training curriculum for family and extended family members of adoptive and
foster children. The curriculum must address issues relating to cross-cultural placements as well
as issues that arise after a foster or adoptive placement is made; and
(5) develop and provide to agencies an assessment tool to be used in combination with
group interviews and other preplacement activities to evaluate prospective adoptive and foster
families. The tool must assess problem-solving skills; identify parenting skills; and evaluate the
degree to which the prospective family has the ability to understand and validate the child's
cultural background.
    Subd. 5. Placement reports. Beginning December 1, 1996, the commissioner shall provide
to the Indian Affairs Council, the Council on Affairs of Chicano/Latino People, the Council on
Black Minnesotans, and the Council on Asian-Pacific Minnesotans the annual report required
under section 257.0725.
    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing agency must:
(1) develop and follow procedures for implementing the requirements of section 260C.193,
subdivision 3 , and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1923;
(2) have a written plan for recruiting adoptive and foster families that reflect the ethnic and
racial diversity of children who are in need of foster and adoptive homes. The plan must include
(i) strategies for using existing resources in diverse communities, (ii) use of diverse outreach
staff wherever possible, (iii) use of diverse foster homes for placements after birth and before
adoption, and (iv) other techniques as appropriate;
(3) have a written plan for training adoptive and foster families;
(4) have a written plan for employing staff in adoption and foster care who have the capacity
to assess the foster and adoptive parents' ability to understand and validate a child's cultural needs,
and to advance the best interests of the child. The plan must include staffing goals and objectives;
(5) ensure that adoption and foster care workers attend training offered or approved by
the Department of Human Services regarding cultural diversity and the needs of special needs
children; and
(6) develop and implement procedures for implementing the requirements of the Indian
Child Welfare Act and the Minnesota Indian Family Preservation Act.
(b) In determining the suitability of a proposed placement of an Indian child, the standards to
be applied must be the prevailing social and cultural standards of the Indian child's community,
and the agency shall defer to tribal judgment as to suitability of a particular home when the tribe
has intervened pursuant to the Indian Child Welfare Act.
    Subd. 7. Reporting requirements. Each authorized child-placing agency shall provide to
the commissioner of human services all data needed by the commissioner for the report required
by section 257.0725. The agency shall provide the data within 15 days of the end of the period for
which the data is applicable.
    Subd. 8. Rules. The commissioner of human services shall adopt rules to establish standards
for conducting relative searches, recruiting foster and adoptive families, evaluating the role
of relative status in the reconsideration of disqualifications under chapter 245C and granting
variances of licensing requirements under section 245A.04, subdivision 9, in licensing or
approving an individual related to a child.
History: 1999 c 139 art 3 s 28; 2001 c 178 art 1 s 32; 2003 c 15 art 1 s 33

NEWBORN SAFE PLACES

260C.217 SAFE PLACE FOR NEWBORNS.
    Subdivision 1. Duty to attempt reunification, duty to search for relatives, and
preferences not applicable. A local social service agency taking custody of a child after
discharge from a hospital that received a child under section 145.902 is not required to attempt to
reunify the child with the child's parents. Additionally, the agency is not required to search for
relatives of the child as a placement or permanency option under section 260C.212, subdivision 5,
or to implement other placement requirements that give a preference to relatives if the agency
does not have information as to the identity of the child, the child's mother, or the child's father.
    Subd. 2. Status of child. For purposes of proceedings under this chapter and adoption
proceedings, a newborn left at a hospital under section 145.902 is considered an abandoned child.
History: 2000 c 421 s 2

TERMINATION OF PARENTAL RIGHTS

260C.301 TERMINATION OF PARENTAL RIGHTS.
    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition, terminate
all rights of a parent to a child:
(a) with the written consent of a parent who for good cause desires to terminate parental
rights; or
(b) if it finds that one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that the parent has substantially, continuously, or repeatedly refused or neglected to
comply with the duties imposed upon that parent by the parent and child relationship, including
but not limited to providing the child with necessary food, clothing, shelter, education, and other
care and control necessary for the child's physical, mental, or emotional health and development,
if the parent is physically and financially able, and either reasonable efforts by the social services
agency have failed to correct the conditions that formed the basis of the petition or reasonable
efforts would be futile and therefore unreasonable;
(3) that a parent has been ordered to contribute to the support of the child or financially aid in
the child's birth and has continuously failed to do so without good cause. This clause shall not
be construed to state a grounds for termination of parental rights of a noncustodial parent if
that parent has not been ordered to or cannot financially contribute to the support of the child
or aid in the child's birth;
(4) that a parent is palpably unfit to be a party to the parent and child relationship because of a
consistent pattern of specific conduct before the child or of specific conditions directly relating to
the parent and child relationship either of which are determined by the court to be of a duration or
nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately
for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is
palpably unfit to be a party to the parent and child relationship upon a showing that the parent's
parental rights to one or more other children were involuntarily terminated or that 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;
(5) that following the child's placement out of the home, reasonable efforts, under the
direction of the court, have failed to correct the conditions leading to the child's placement. It is
presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child has resided out of the parental home under court order for a cumulative period
of 12 months within the preceding 22 months. In the case of a child under age eight at the time
the petition was filed alleging the child to be in need of protection or services, the presumption
arises when the child has resided out of the parental home under court order for six months
unless the parent has maintained regular contact with the child and the parent is complying
with the out-of-home placement plan;
(ii) the court has approved the out-of-home placement plan required under section 260C.212
and filed with the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have not been corrected. It is presumed
that conditions leading to a child's out-of-home placement have not been corrected upon a
showing that the parent or parents have not substantially complied with the court's orders and a
reasonable case plan; and
(iv) reasonable efforts have been made by the social services agency to rehabilitate the
parent and reunite the family.
This clause does not prohibit the termination of parental rights prior to one year, or in the
case of a child under age eight, prior to six months after a child has been placed out of the home.
It is also presumed that reasonable efforts have failed under this clause upon a showing that:
(A) the parent has been diagnosed as chemically dependent by a professional certified to
make the diagnosis;
(B) the parent has been required by a case plan to participate in a chemical dependency
treatment program;
(C) the treatment programs offered to the parent were culturally, linguistically, and clinically
appropriate;
(D) the parent has either failed two or more times to successfully complete a treatment
program or has refused at two or more separate meetings with a caseworker to participate in
a treatment program; and
(E) the parent continues to abuse chemicals.
(6) that a child has experienced egregious harm in the parent's care which is of a nature,
duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
reasonable person would believe it contrary to the best interest of the child or of any child to be
in the parent's care;
(7) that in the case of a child born to a mother who was not married to the child's father
when the child was conceived nor when the child was born the person is not entitled to notice
of an adoption hearing under section 259.49 and the person has not registered with the fathers'
adoption registry under section 259.52;
(8) that the child is neglected and in foster care; or
(9) that the parent has been convicted of a crime listed in section 260.012, paragraph (b),
clauses (1) to (3).
In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian
Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that
the provisions of this section are inconsistent with those laws.
    Subd. 2. Evidence of abandonment. For purposes of subdivision 1, clause (b), item (1):
(a) Abandonment is presumed when:
(1) the parent has had no contact with the child on a regular basis and not demonstrated
consistent interest in the child's well-being for six months and the social services agency has made
reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or
physical hardship or treatment for mental disability or chemical dependency or other good cause
prevented the parent from making contact with the child. This presumption does not apply to
children whose custody has been determined under chapter 257 or 518; or
(2) the child is an infant under two years of age and has been deserted by the parent under
circumstances that show an intent not to return to care for the child.
The court is not prohibited from finding abandonment in the absence of the presumptions in
clauses (1) and (2).
(b) The following are prima facie evidence of abandonment where there has been a showing
that the person was not entitled to notice of an adoption proceeding under section 259.49:
(1) failure to register with the fathers' adoption registry under section 259.52; or
(2) if the person registered with the fathers' adoption registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt of notice under section 259.52,
subdivision 8 ;
(ii) failing to timely file an intent to claim parental rights with entry of appearance form
within 30 days of receipt of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent to claim parental rights with entry of appearance form within 30
days of receipt of notice under section 259.52, subdivision 10, but failing to initiate a paternity
action within 30 days of receiving the fathers' adoption registry notice where there has been no
showing of good cause for the delay.
    Subd. 3. Required termination of parental rights. (a) The county attorney shall file a
termination of parental rights petition within 30 days of the responsible social services agency
determining that a child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14 , is determined to be the sibling of another child of the parent who was subjected to
egregious harm, or is an abandoned infant as defined in subdivision 2, paragraph (a), clause (2), or
the parent has lost parental rights to another child through an order involuntarily terminating the
parent's rights, or another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under section 260C.201,
subdivision 11 , paragraph (e), clause (1), or a similar law of another jurisdiction. The responsible
social services agency shall concurrently identify, recruit, process, and approve an adoptive
family for the child. If a termination of parental rights petition has been filed by another party, the
responsible social services agency shall be joined as a party to the petition. If criminal charges
have been filed against a parent arising out of the conduct alleged to constitute egregious harm,
the county attorney shall determine which matter should proceed to trial first, consistent with the
best interests of the child and subject to the defendant's right to a speedy trial.
(b) This requirement does not apply if the county attorney determines and files with the court:
(1) a petition for transfer of permanent legal and physical custody to a relative under section
260C.201, subdivision 11, including a determination that the transfer is in the best interests
of the child; or
(2) a petition alleging the child, and where appropriate, the child's siblings, to be in need of
protection or services accompanied by a case plan prepared by the responsible social services
agency documenting a compelling reason why filing a termination of parental rights petition
would not be in the best interests of the child.
    Subd. 4. Current foster care children. Except for cases where the child is in placement due
solely to the child's developmental disability or emotional disturbance, where custody has not been
transferred to the responsible social services agency, and where the court finds compelling reasons
to continue placement, the county attorney shall file a termination of parental rights petition or a
petition to transfer permanent legal and physical custody to a relative under section 260C.201,
subdivision 11 , for all children who have been in out-of-home care for 15 of the most recent 22
months. This requirement does not apply if there is a compelling reason approved by the court for
determining that filing a termination of parental rights petition or other permanency petition would
not be in the best interests of the child or if the responsible social services agency has not provided
reasonable efforts necessary for the safe return of the child, if reasonable efforts are required.
    Subd. 5. Adoptive parent. For purposes of subdivision 1, clause (a), an adoptive parent may
not terminate parental rights to an adopted child for a reason that would not apply to a birth parent
seeking termination of parental rights to a child under subdivision 1, clause (a).
    Subd. 6. When prior finding required. For purposes of subdivision 1, clause (b), no prior
judicial finding of need for protection or services, or neglected and in foster care is required,
except as provided in subdivision 1, clause (b), item (5).
    Subd. 7. Best interests of child paramount. In any proceeding under this section, the
best interests of the child must be the paramount consideration, provided that the conditions in
subdivision 1, clause (a), or at least one condition in subdivision 1, clause (b), are found by
the court. In proceedings involving an American Indian child, as defined in section 260.755,
subdivision 8 , the best interests of the child must be determined consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, et seq. Where the interests of
parent and child conflict, the interests of the child are paramount.
    Subd. 8. Findings regarding reasonable efforts. In any proceeding under this section, the
court shall make specific findings:
(1) that reasonable efforts to prevent the placement and to reunify the child and the parent
were made including individualized and explicit findings regarding the nature and extent of efforts
made by the social services agency to rehabilitate the parent and reunite the family; or
(2) that reasonable efforts at reunification are not required as provided under section 260.012.
History: 1999 c 139 art 3 s 29; art 4 s 2; 1999 c 245 art 8 s 59-64; 2001 c 178 art 1 s
33-36,44; 1Sp2001 c 9 art 11 s 5; 2002 c 379 art 1 s 113

260C.303 VENUE.
Venue for proceedings for the termination of parental rights is either the county where the
child resides or is found. However, if a court has made an order under the provisions of section
260C.201, and the order is in force at the time a petition for termination of parental rights is filed,
the court making the order shall hear the termination of parental rights proceeding unless it
transfers the proceeding in the manner provided in section 260C.121, subdivision 2.
History: 1999 c 139 art 3 s 30

260C.307 PROCEDURES IN TERMINATING PARENTAL RIGHTS.
    Subdivision 1. Who may petition. Any reputable person, including but not limited to any
agent of the commissioner of human services, having knowledge of circumstances which indicate
that the rights of a parent to a child should be terminated, may petition the juvenile court in the
manner provided in section 260C.141, subdivisions 4 and 5.
    Subd. 2. Hearing requirement. The termination of parental rights under the provisions of
section 260C.301, shall be made only after a hearing before the court, in the manner provided
in section 260C.163.
    Subd. 3. Notice. The court shall have notice of the time, place, and purpose of the hearing
served on the parents, as defined in sections 257.51 to 257.74 or 259.49, subdivision 1, clause (2),
and upon the child's grandparent if the child has lived with the grandparent within the two years
immediately preceding the filing of the petition. Notice must be served in the manner provided in
sections 260C.151 and 260C.152, except that personal service shall be made at least ten days
before the day of the hearing. Published notice shall be made for three weeks, the last publication
to be at least ten days before the day of the hearing; and notice sent by certified mail shall be
mailed at least 20 days before the day of the hearing. A parent who consents to the termination of
parental rights under the provisions of section 260C.301, subdivision 2, clause (a), may waive in
writing the notice required by this subdivision; however, if the parent is a minor or incompetent
the waiver shall be effective only if the parent's guardian ad litem concurs in writing.
    Subd. 4. Consent. No parental rights of a minor or incompetent parent may be terminated on
consent of the parents under the provisions of section 260C.301, subdivision 2, clause (a), unless
the guardian ad litem, in writing, joins in the written consent of the parent to the termination of
parental rights.
History: 1999 c 139 art 3 s 31

260C.312 DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.
(a) If, after a hearing, the court does not terminate parental rights but determines that the
child is in need of protection or services, or that the child is neglected and in foster care, the court
may find the child is in need of protection or services or neglected and in foster care and may
enter an order in accordance with the provisions of section 260C.201.
(b) When a child has been in placement 15 of the last 22 months after a trial on a termination
of parental rights petition, if the court finds that the petition is not proven or that termination of
parental rights is not in the child's best interests, the court must order the child returned to the care
of the parent unless the court approves the responsible social services agency's determination of
compelling reasons why the child should remain out of the care of the parent. If the court orders
the child returned to the care of the parent, the court may order a trial home visit, protective
supervision, or monitoring under section 260C.201.
History: 1999 c 139 art 3 s 32; 2001 c 178 art 1 s 37; 2005 c 159 art 2 s 19

260C.317 TERMINATION OF PARENTAL RIGHTS; EFFECT.
    Subdivision 1. Termination. If, after a hearing, the court finds by clear and convincing
evidence that one or more of the conditions set out in section 260C.301 exist, it may terminate
parental rights. Upon the termination of parental rights all rights, powers, privileges, immunities,
duties, and obligations, including any rights to custody, control, visitation, or support existing
between the child and parent shall be severed and terminated and the parent shall have no standing
to appear at any further legal proceeding concerning the child. Provided, however, that a parent
whose parental rights are terminated:
(1) shall remain liable for the unpaid balance of any support obligation owed under a court
order upon the effective date of the order terminating parental rights; and
(2) may be a party to a communication or contact agreement under section 259.58.
    Subd. 2. Order; terminating relationship. An order terminating the parent and child
relationship shall not disentitle a child to any benefit due the child from any third person, agency,
state, or the United States, nor shall any action under this section be deemed to affect any rights
and benefits that a child derives from the child's descent from a member of a federally recognized
Indian tribe.
    Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and the order
terminating parental rights, and a summary of the court's information concerning the child shall be
furnished by the court to the commissioner or the agency to which guardianship is transferred. The
orders shall be on a document separate from the findings. The court shall furnish the individual to
whom guardianship is transferred a copy of the order terminating parental rights.
    (b) The court shall retain jurisdiction in a case where adoption is the intended permanent
placement disposition until the child's adoption is finalized, the child is 18 years of age, or the
child is otherwise ordered discharged from the jurisdiction of the court. The guardian ad litem and
counsel for the child shall continue on the case until an adoption decree is entered. A hearing must
be held every 90 days following termination of parental rights for the court to review progress
toward an adoptive placement and the specific recruitment efforts the agency has taken to find an
adoptive family or other placement living arrangement for the child and to finalize the adoption
or other permanency plan.
    (c) The responsible social services agency may make a determination of compelling reasons
for a child to be in long-term foster care when the agency has made exhaustive efforts to recruit,
identify, and place the child in an adoptive home, and the child continues in foster care for at least
24 months after the court has issued the order terminating parental rights. A child of any age
who is under the guardianship of the commissioner of the Department of Human Services and
is legally available for adoption may not refuse or waive the commissioner's agent's exhaustive
efforts to recruit, identify, and place the child in an adoptive home required under paragraph (b) or
sign a document relieving county social services agencies of all recruitment efforts on the child's
behalf. Upon approving the agency's determination of compelling reasons, the court may order
the child placed in long-term foster care. At least every 12 months thereafter as long as the
child continues in out-of-home placement, the court shall conduct a permanency review hearing
to determine the future status of the child using the review requirements of section 260C.201,
subdivision 11 , paragraph (g).
    (d) The court shall retain jurisdiction through the child's minority in a case where long-term
foster care is the permanent disposition whether under paragraph (c) or section 260C.201,
subdivision 11 .
    Subd. 4. Rights of terminated parent. Upon entry of an order terminating the parental
rights of any person who is identified as a parent on the original birth record of the child as to
whom the parental rights are terminated, the court shall cause written notice to be made to that
person setting forth:
(1) the right of the person to file at any time with the state registrar of vital statistics a
consent to disclosure, as defined in section 144.212, subdivision 11;
(2) the right of the person to file at any time with the state registrar of vital statistics an
affidavit stating that the information on the original birth record shall not be disclosed as provided
in section 144.2252; and
(3) the effect of a failure to file either a consent to disclosure, as defined in section 144.212,
subdivision 11 , or an affidavit stating that the information on the original birth record shall not be
disclosed.
History: 1999 c 139 art 3 s 33; 2001 c 178 art 1 s 38; 1Sp2001 c 9 art 15 s 31,32; 2002 c
290 s 3; 2002 c 379 art 1 s 113; 2005 c 159 art 2 s 20; 2007 c 147 art 1 s 22

260C.325 GUARDIAN.
    Subdivision 1. Transfer of custody. If the court terminates parental rights of both parents
or of the only known living parent, the court shall order the guardianship and the legal custody
of the child transferred to:
(a) the commissioner of human services; or
(b) a licensed child-placing agency; or
(c) an individual who is willing and capable of assuming the appropriate duties and
responsibilities to the child.
    Subd. 2.[Repealed, 2001 c 178 art 1 s 43]
    Subd. 3. Both parents deceased. If upon petition to the juvenile court by a reputable person,
including but not limited to an agent of the commissioner of human services, and upon hearing in
the manner provided in section 260C.163, the court finds that both parents are deceased and no
appointment has been made or petition for appointment filed pursuant to sections 524.5-201 to
524.5-317, the court shall order the guardianship and legal custody of the child transferred to:
(a) the commissioner of human services;
(b) a licensed child-placing agency; or
(c) an individual who is willing and capable of assuming the appropriate duties and
responsibilities to the child.
    Subd. 4. Guardian's responsibilities. (a) A guardian appointed under the provisions of this
section has legal custody of a ward unless the court which appoints the guardian gives legal
custody to some other person. If the court awards custody to a person other than the guardian, the
guardian nonetheless has the right and responsibility of reasonable visitation, except as limited
by court order.
(b) The guardian may make major decisions affecting the person of the ward, including but
not limited to giving consent (when consent is legally required) to the marriage, enlistment in the
armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward. When, pursuant
to this section, the commissioner of human services is appointed guardian, the commissioner may
delegate to the responsible social services agency of the county in which, after the appointment,
the ward resides, the authority to act for the commissioner in decisions affecting the person of
the ward, including but not limited to giving consent to the marriage, enlistment in the armed
forces, medical, surgical, or psychiatric treatment of the ward.
(c) A guardianship created under the provisions of this section shall not of itself include the
guardianship of the estate of the ward.
History: 1999 c 139 art 3 s 34; 2001 c 178 art 1 s 39; 2004 c 146 art 3 s 31

260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
Upon its own motion or upon petition of an interested party, the juvenile court having
jurisdiction of the child may, after notice to the parties and a hearing, remove the guardian
appointed by the juvenile court and appoint a new guardian in accordance with the provisions
of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a showing that the child is
emancipated, the court may discharge the guardianship. Any child 14 years of age or older who
is not adopted but who is placed in a satisfactory foster home, may, with the consent of the
foster parents, join with the guardian appointed by the juvenile court in a petition to the court
having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as
guardians of the child. The authority of a guardian appointed by the juvenile court terminates
when the individual under guardianship is no longer a minor or when guardianship is otherwise
discharged.
History: 1999 c 139 art 3 s 35

COSTS AND EXPENSES

260C.331 COSTS OF CARE.
    Subdivision 1. Care, examination, or treatment. (a) Except where parental rights are
terminated,
    (1) whenever legal custody of a child is transferred by the court to a responsible social
services agency,
    (2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or
    (3) whenever a child is given physical or mental examinations or treatment under order of
the court, and no provision is otherwise made by law for payment for the care, examination, or
treatment of the child, these costs are a charge upon the welfare funds of the county in which
proceedings are held upon certification of the judge of juvenile court.
    (b) The court shall order, and the responsible social services agency shall require, the
parents or custodian of a child, while the child is under the age of 18, to use the total income
and resources attributable to the child for the period of care, examination, or treatment, except
for clothing and personal needs allowance as provided in section 256B.35, to reimburse the
county for the cost of care, examination, or treatment. Income and resources attributable to the
child include, but are not limited to, Social Security benefits, supplemental security income
(SSI), veterans benefits, railroad retirement benefits and child support. When the child is over
the age of 18, and continues to receive care, examination, or treatment, the court shall order, and
the responsible social services agency shall require, reimbursement from the child for the cost
of care, examination, or treatment from the income and resources attributable to the child less
the clothing and personal needs allowance. Income does not include earnings from a child over
the age of 18 who is working as part of a plan under section 260C.212, subdivision 1, paragraph
(c), clause (8), to transition from foster care.
    (c) If the income and resources attributable to the child are not enough to reimburse the
county for the full cost of the care, examination, or treatment, the court shall inquire into the
ability of the parents to support the child and, after giving the parents a reasonable opportunity
to be heard, the court shall order, and the responsible social services agency shall require, the
parents to contribute to the cost of care, examination, or treatment of the child. When determining
the amount to be contributed by the parents, the court shall use a fee schedule based upon
ability to pay that is established by the responsible social services agency and approved by the
commissioner of human services. The income of a stepparent who has not adopted a child shall be
excluded in calculating the parental contribution under this section.
    (d) The court shall order the amount of reimbursement attributable to the parents or
custodian, or attributable to the child, or attributable to both sources, withheld under chapter 518A
from the income of the parents or the custodian of the child. A parent or custodian who fails to
pay without good reason may be proceeded against for contempt, or the court may inform the
county attorney, who shall proceed to collect the unpaid sums, or both procedures may be used.
    (e) If the court orders a physical or mental examination for a child, the examination is
a medically necessary service for purposes of determining whether the service is covered by a
health insurance policy, health maintenance contract, or other health coverage plan. Court-ordered
treatment shall be subject to policy, contract, or plan requirements for medical necessity. Nothing
in this paragraph changes or eliminates benefit limits, conditions of coverage, co-payments or
deductibles, provider restrictions, or other requirements in the policy, contract, or plan that relate
to coverage of other medically necessary services.
    Subd. 2. Cost of group foster care. Whenever a child is placed in a group foster care facility
as provided in section 260C.201, subdivision 1, paragraph (b), clause (2) or (3), the cost of
providing the care shall, upon certification by the juvenile court, be paid from the welfare fund
of the county in which the proceedings were held. To reimburse the counties for the costs of
promoting the establishment of suitable group foster homes, the state shall quarterly, from funds
appropriated for that purpose, reimburse counties 50 percent of the costs not paid by federal
and other available state aids and grants. Reimbursement shall be prorated if the appropriation
is insufficient.
The commissioner of corrections shall establish procedures for reimbursement and certify
to the commissioner of finance each county entitled to receive state aid under the provisions of
this subdivision. Upon receipt of a certificate the commissioner of finance shall issue a state
warrant to the county treasurer for the amount due, together with a copy of the certificate prepared
by the commissioner of corrections.
    Subd. 3. Court expenses. The following expenses are a charge upon the county in which
proceedings are held upon certification of the judge of juvenile court or upon such other
authorization provided by law:
(a) The fees and mileage of witnesses, and the expenses and mileage of officers serving
notices and subpoenas ordered by the court, as prescribed by law.
(b) The expense of transporting a child to a place designated by a child-placing agency for
the care of the child if the court transfers legal custody to a child-placing agency.
(c) The expense of transporting a minor to a place designated by the court.
(d) Reasonable compensation for an attorney appointed by the court to serve as counsel,
except in the Eighth Judicial District where the state courts shall pay for counsel to a guardian ad
litem until the recommendations of the task force created in Laws 1999, chapter 216, article 7,
section 42, are implemented.
The state courts shall pay for guardian ad litem expenses.
    Subd. 4. Legal settlement. The county charged with the costs and expenses under
subdivisions 1 and 3 may recover these costs and expenses from the county where the minor
has legal settlement for general assistance purposes by filing verified claims which shall be
payable as are other claims against the county. A detailed statement of the facts upon which the
claim is based shall accompany the claim. If a dispute relating to general assistance settlement
arises, the responsible social services agency of the county denying legal settlement shall send a
detailed statement of the facts upon which the claim is denied together with a copy of the detailed
statement of the facts upon which the claim is based to the commissioner of human services. The
commissioner shall immediately investigate and determine the question of general assistance
settlement and shall certify findings to the responsible social services agency of each county. The
decision of the commissioner is final and shall be complied with unless, within 30 days thereafter,
action is taken in district court as provided in section 256.045.
    Subd. 5. Attorneys fees. In proceedings in which the court has appointed counsel pursuant
to section 260C.163, subdivision 3, for a minor unable to employ counsel, the court may inquire
into the ability of the parents to pay for such counsel's services and, after giving the parents a
reasonable opportunity to be heard, may order the parents to pay attorneys fees.
    Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a guardian
ad litem pursuant to section 260C.163, subdivision 5, clause (a), the court may inquire into the
ability of the parents to pay for the guardian ad litem's services and, after giving the parents a
reasonable opportunity to be heard, may order the parents to pay guardian fees.
(b) In each fiscal year, the commissioner of finance shall deposit guardian ad litem
reimbursements in the general fund and credit them to a separate account with the trial courts.
The balance of this account is appropriated to the trial courts and does not cancel but is available
until expended. Expenditures by the state court administrator's office from this account must
be based on the amount of the guardian ad litem reimbursements received by the state from
the courts in each judicial district.
History: 1999 c 139 art 3 s 36; art 4 s 2; 1999 c 216 art 7 s 22,23; 2001 c 178 art 1 s 44;
2003 c 112 art 2 s 50; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2007 c 147 art 1 s 23

CIVIL CONTRIBUTING TO NEED FOR PROTECTION

260C.335 CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO NEED FOR
PROTECTION OR SERVICES; COURT ORDERS.
    Subdivision 1. Jurisdiction. The juvenile court has civil jurisdiction over persons
contributing to the need for protection or services of a child under the provisions of this section.
    Subd. 2. Petition; order to show cause. A request for jurisdiction over a person described
in subdivision 1 shall be initiated by the filing of a verified petition by the county attorney
having jurisdiction over the place where the child is found, resides, or where the alleged act of
contributing occurred. A prior or pending petition alleging that the child is in need of protection
or services is not a prerequisite to a petition under this section. The petition shall allege the factual
basis for the claim that the person is contributing to the child's need for protection or services. If
the court determines, upon review of the verified petition, that probable cause exists to believe
that the person has contributed to the child's need for protection or services, the court shall issue
an order to show cause why the person should not be subject to the jurisdiction of the court. The
order to show cause and a copy of the verified petition shall be served personally upon the person
and shall set forth the time and place of the hearing to be conducted under subdivision 3.
    Subd. 3. Hearing. (a) The court shall conduct a hearing on the petition in accordance with
the procedures contained in paragraph (b).
(b) Hearings under this subdivision shall be without a jury. The rules of evidence
promulgated pursuant to section 480.0591 and the provisions under section 260C.165 shall apply.
In all proceedings under this section, the court shall admit only evidence that would be admissible
in a civil trial. When the respondent is an adult, hearings under this subdivision shall be open
to the public. Hearings shall be conducted within five days of personal service of the order to
show cause and may be continued for a reasonable period of time if a continuance is in the best
interest of the child or in the interests of justice.
(c) At the conclusion of the hearing, if the court finds by a fair preponderance of the evidence
that the person has contributed to the child's need for protection or services, as defined in section
260C.425, the court may make any of the following orders:
(1) restrain the person from any further act or omission in violation of section 260C.425;
(2) prohibit the person from associating or communicating in any manner with the child;
(3) require the person to participate in evaluation or services determined necessary by the
court to correct the conditions that contributed to the child's need for protection or services;
(4) require the person to provide supervision, treatment, or other necessary care;
(5) require the person to pay restitution to a victim for pecuniary damages arising from an act
of the child relating to the child's need for protection or services;
(6) require the person to pay the cost of services provided to the child or for the child's
protection; or
(7) require the person to provide for the child's maintenance or care if the person is
responsible for the maintenance or care, and direct when, how, and where money for the
maintenance or care shall be paid. If the person is receiving public assistance for the child's
maintenance or care, the court shall authorize the public agency responsible for administering the
public assistance funds to make payments directly to vendors for the cost of food, shelter, medical
care, utilities, and other necessary expenses.
(d) An order issued under this section shall be for a fixed period of time, not to exceed one
year. The order may be renewed or modified prior to expiration upon notice and motion when
there has not been compliance with the court's order or the order continues to be necessary to
eliminate the contributing behavior or to mitigate its effect on the child.
    Subd. 4. Criminal proceedings. The county attorney may bring both a criminal proceeding
under section 260C.425 and a civil action under this section.
History: 1999 c 139 art 3 s 37; art 4 s 2

260C.401 [Repealed, 2000 c 260 s 97]

ORDER FOR PROTECTION

260C.405 VIOLATION OF AN ORDER FOR PROTECTION.
    Subdivision 1. Violation; penalty. Whenever an order for protection is granted pursuant
to section 260C.148 or 260C.201, subdivision 3, restraining the person or excluding the person
from the residence, and the respondent or person to be restrained knows of the order, violation
of the order for protection is a misdemeanor.
    Subd. 2. Arrest. A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated an order granted pursuant to
section 260C.148 or 260C.201, subdivision 3, restraining the person or excluding the person from
the residence, if the existence of the order can be verified by the officer.
    Subd. 3. Contempt. A violation of an order for protection shall also constitute contempt of
court and the person violating the order shall be subject to the penalties for contempt.
    Subd. 4. Order to show cause. Upon the filing of an affidavit by the agency or any peace
officer, alleging that the respondent has violated an order for protection granted pursuant to
section 260C.148 or 260C.201, subdivision 3, the court may issue an order to the respondent,
requiring the respondent to appear and show cause within 14 days why the respondent should not
be found in contempt of court. The hearing may be held by the court in any county in which the
child or respondent temporarily or permanently resides at the time of the alleged violation.
A peace officer is not liable under section 609.43, clause (1), for failure to perform a duty
required by subdivision 2.
History: 1999 c 139 art 3 s 39

APPEAL AND EVIDENCE

260C.411 NEW EVIDENCE.
A child whose status has been adjudicated by a juvenile court, or the child's parent, guardian,
custodian or spouse may, at any time within 15 days of the filing of the court's order, petition
the court for a rehearing on the ground that new evidence has been discovered affecting the
advisability of the court's original adjudication or disposition. Upon a showing that such evidence
does exist the court shall order that a new hearing be held within 30 days, unless the court extends
this time period for good cause shown within the 30-day period, and shall make such disposition
of the case as the facts and the best interests of the child warrant.
History: 1999 c 139 art 3 s 40

260C.415 APPEAL.
    Subdivision 1. Persons entitled to appeal; procedure. An appeal may be taken by the
aggrieved person from a final order of the juvenile court affecting a substantial right of the
aggrieved person, including but not limited to an order adjudging a child to be in need of
protection or services, neglected and in foster care. The appeal shall be taken within 30 days of
the filing of the appealable order. The court administrator shall notify the person having legal
custody of the minor of the appeal. Failure to notify the person having legal custody of the minor
shall not affect the jurisdiction of the appellate court. The order of the juvenile court shall stand,
pending the determination of the appeal, but the reviewing court may in its discretion and upon
application stay the order.
    Subd. 2. Appeal. The appeal from a juvenile court is taken to the court of appeals as in
civil cases, except as provided in subdivision 1.
History: 1999 c 139 art 3 s 41

260C.421 CONTEMPT.
Any person knowingly interfering with an order of the juvenile court is in contempt of court.
However, a child who is under the continuing jurisdiction of the court for reasons other than having
committed a delinquent act or a juvenile petty offense may not be adjudicated as a delinquent
solely on the basis of having knowingly interfered with or disobeyed an order of the court.
History: 1999 c 139 art 3 s 42

CRIMINAL CONTRIBUTING TO NEED FOR PROTECTION

260C.425 CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR
PROTECTION OR SERVICES.
    Subdivision 1. Crimes. (a) Any person who by act, word, or omission encourages, causes, or
contributes to the need for protection or services is guilty of a gross misdemeanor.
(b) This section does not apply to licensed social services agencies and outreach workers who,
while acting within the scope of their professional duties, provide services to runaway children.
    Subd. 2. Complaint; venue. A complaint under this section may be filed by the county
attorney having jurisdiction where the child is found, resides, or where the alleged act of
contributing occurred. The complaint may be filed in either the juvenile or criminal divisions of
the district court. A prior or pending petition alleging that the child is delinquent, a juvenile petty
offender, or in need of protection or services is not a prerequisite to a complaint or a conviction
under this section.
    Subd. 3. Affirmative defense. If the child's conduct is the basis for the child's need for
protection services, it is an affirmative defense to a prosecution under subdivision 1 if the
defendant proves, by a preponderance of the evidence, that the defendant took reasonable steps to
control the child's conduct.
History: 1999 c 139 art 3 s 43

MISCELLANEOUS

260C.431 TESTS, EXAMINATIONS.
Thereafter it shall be the duty of the commissioner of human services through the bureau of
child welfare and responsible social services agencies to arrange for such tests, examinations,
and investigations as are necessary for the proper diagnosis, classification, treatment, care, and
disposition of the child as necessity and the best interests of the child shall from time to time
require. When it appears that a child found to be in need of protection or services is sound of
mind, free from disease, and suitable for placement in a foster home for care or adoption, the
commissioner may so place the child or delegate such duties to a child-placing agency accredited
as provided by law, or authorize the child's care in the county by and under the supervision of the
responsible social services agency.
History: 1999 c 139 art 3 s 44; 2001 c 178 art 1 s 44

260C.435 SPECIAL PROVISIONS IN CERTAIN CASES.
When the commissioner of human services shall find that a child transferred to the
commissioner's guardianship after parental rights to the child are terminated or that a child
committed to the commissioner's guardianship as a child in need of protection or services is
disabled physically or whose mentality has not been satisfactorily determined or who is affected
by habits, ailments, or disabilities that produce erratic and unstable conduct, and is not suitable or
desirable for placement in a home for permanent care or adoption, the commissioner of human
services shall make special provision for the child's care and treatment designed to the child, if
possible, for such placement or to become self-supporting. The facilities of the commissioner of
human services and all state treatment facilities, the Minnesota general hospital, and the child
guidance clinic of its psychopathic department, as well as the facilities available through reputable
clinics, private child-caring agencies, and foster boarding homes, accredited as provided by law,
may be used as the particular needs of the child may demand. When it appears that the child is
suitable for permanent placement or adoption, the commissioner of human services shall cause
the child to be placed as provided in section 260C.431. If the commissioner of human services
is satisfied that the child is developmentally disabled the commissioner may bring the child
before the district court of the county where the child is found or the county of the child's legal
settlement for examination and commitment as provided by law.
History: 1999 c 139 art 3 s 45; 2005 c 56 s 1

260C.441 COST, PAYMENT.
In addition to the usual care and services given by public and private agencies, the necessary
cost incurred by the commissioner of human services in providing care for such child shall be
paid by the county committing such child which, subject to uniform rules established by the
commissioner of human services, may receive a reimbursement not exceeding one-half of such
costs from funds made available for this purpose by the legislature during the period beginning
July 1, 1985, and ending December 31, 1985. Beginning January 1, 1986, the necessary cost
incurred by the commissioner of human services in providing care for the child must be paid by
the county committing the child. Where such child is eligible to receive a grant of Minnesota
family investment program or supplemental security income for the aged, blind, and disabled, or a
foster care maintenance payment under title IV-E of the Social Security Act, United States Code,
title 42, sections 670 to 676, the child's needs shall be met through these programs.
History: 1999 c 139 art 3 s 46; art 4 s 2; 1999 c 159 s 115

260C.446 DISTRIBUTION OF FUNDS RECOVERED FOR ASSISTANCE FURNISHED.
When any amount shall be recovered from any source for assistance furnished under the
provisions of sections 260C.001 to 260C.421, 260C.431, 260C.435, and 260C.441, there shall
be paid into the treasury of the state or county in the proportion in which they have respectively
contributed toward the total assistance paid.
History: 1999 c 139 art 3 s 47

260C.451 AGE LIMIT FOR BENEFITS TO CHILDREN.
For purposes of any program for foster children or children under state guardianship for
which benefits are made available on June 1, 1973, unless specifically provided therein, the age of
majority shall be 21 years of age.
History: 1999 c 139 art 3 s 48

260C.501 PARENTAL AND LAW ENFORCEMENT NOTIFICATION.
An emergency shelter and its agents, employees, and volunteers must comply with court
orders, section 626.556, chapter 260C, and all other applicable laws. In any event, unless other
legal requirements require earlier or different notification or actions, an emergency shelter must
attempt to notify a runaway's parent or legal guardian of the runaway's location and status within
72 hours. The notification must include a description of the runaway's physical and emotional
condition and the circumstances surrounding the runaway's admission to the emergency shelter,
unless there are compelling reasons not to provide the parent or legal guardian with this
information. Compelling reasons may include circumstances in which the runaway is or has been
exposed to domestic violence or a victim of abuse, neglect, or abandonment.
History: 2000 c 401 s 4