2005 Minnesota Statutes

     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.  

    HIST: 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