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2006 Minnesota Statutes
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Chapter 260C
Section 260C.181
Topics
Recent History
- 2022 Subd. 2 Amended 2022 c 98 art 8 s 11
- 2000 Subd. 2 Amended 2000 c 260 s 39
- 1999 260C.181 New 1999 c 139 art 3 s 20
This is an historical version of this statute chapter. Also view the most recent published version.
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
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
Official Publication of the State of Minnesota
Revisor of Statutes