reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.255 — Juvenile Court Disposition Bars Criminal Proceeding.

260B.255 JUVENILE COURT DISPOSITION BARS CRIMINAL PROCEEDING.
Subdivision 1.
Certain violations not crimes.
A violation of a state or local law or ordinance by a child before becoming 18 years of age is not a crime unless the juvenile court:
(1) certifies the matter in accordance with the provisions of section 260B.125;
(2) transfers the matter to a court in accordance with the provisions of section 260B.225; or
(3) convicts the child as an extended jurisdiction juvenile and subsequently executes the adult sentence under section 260B.130, subdivision 5.
Subd. 2.
Penalty.
Except for matters referred to the prosecuting authority under the provisions of this section or to a court in accordance with the provisions of section 260B.225, any peace officer knowingly bringing charges against a child in a court other than a juvenile court for violating a state or local law or ordinance is guilty of a misdemeanor. This subdivision does not apply to complaints brought for the purposes of extradition.
History:
1999 c 139 art 2 s 34; art 4 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.425 — Criminal Jurisdiction For Contributing To Status As A Juvenile Petty Offender Or Delinquency.

260B.425 CRIMINAL JURISDICTION FOR CONTRIBUTING TO STATUS AS A JUVENILE PETTY OFFENDER OR DELINQUENCY.
Subdivision 1.
Crimes.
(a) Any person who by act, word, or omission encourages, causes, or contributes to delinquency of a child or to a child's status as a juvenile petty offender, 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 is alleged to be delinquent or a juvenile petty offender, 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 2 s 40
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.411 — New Evidence.

260B.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 grounds 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 2 s 37
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.415 — Appeal.

260B.415 APPEAL.
Subdivision 1.
Persons entitled to appeal; procedure.
(a) 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 delinquent or a juvenile traffic offender. 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.
(b) An appeal may be taken by an aggrieved person from an order of the juvenile court on the issue of certification of a matter for prosecution under the laws and court procedures controlling adult criminal violations. Certification appeals shall be expedited as provided by applicable rules.
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 2 s 38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.421 — Contempt.

260B.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 2 s 39
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.441 — Cost, Payment.

260B.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 2 s 41; art 4 s 2; 1999 c 159 s 115
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.446 — Distribution Of Funds Recovered For Assistance Furnished.

260B.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 260B.001 to 260B.446, 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 2 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.050 — 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 have a physical disability, mental illness, or developmental disability, 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; 2017 c 40 art 1 s 121
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.121 — Venue.

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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.125 — Case Transfer Process.

260C.125 CASE TRANSFER PROCESS.
Subdivision 1.
Purpose.
This section pertains to the transfer of responsibility for the placement and care of an Indian child in out-of-home placement from the responsible social services agency to a tribal title IV-E agency or an Indian tribe in and outside of Minnesota with a title IV-E agreement.
Subd. 2.
Establishment of transfer procedures.
The responsible social services agency shall establish and maintain procedures, in consultation with Indian tribes, for the transfer of responsibility for placement and care of a child to a tribal agency. Transfer of a child's case under this section shall not affect the child's title IV-E and Medicaid eligibility.
Subd. 3.
Title IV-E eligibility.
If a child's title IV-E eligibility has not been determined by the responsible social services agency by the time of transfer, it shall be established at the time of the transfer by the responsible social services agency.
Subd. 4.
Documentation and information.
Essential documents and information shall be transferred to a tribal agency, including but not limited to:
(1) district court judicial determinations to the effect that continuation in the home from which the child was removed would be contrary to the welfare of the child and that reasonable efforts were made to ensure placement prevention and family reunification pursuant to section 260.012;
(2) documentation related to the child's permanency proceeding under sections 260C.503 to 260C.521;
(3) documentation from the responsible social services agency related to the child's title IV-E eligibility;
(4) documentation regarding the child's eligibility or potential eligibility for other federal benefits;
(5) the child's case plan, developed pursuant to the Social Security Act, United States Code, title 42, sections 675(1) and 675a, including health and education records of the child pursuant to the Social Security Act, United States Code, title 42, section 675(1)(c); and section 260C.212, subdivision 1, and information; and
(6) documentation of the child's placement setting, including a copy of the most recent provider's license.
History:
2016 c 189 art 15 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.139 — Give Life A Chance; Safe Place For Newborns.

260C.139 GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS.
Subdivision 1.
Duty to attempt reunification, duty to search for relatives, and preferences not applicable.
A responsible social service agency with responsibility for a child pursuant to subdivision 5 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.221, 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.
Definition.
For purposes of this section, "safe place" has the meaning given in section 145.902.
Subd. 3.
Status of child.
For purposes of proceedings under this chapter and adoption proceedings, a newborn left at a safe place, pursuant to subdivision 4 and section 145.902, is considered an abandoned child under section 260E.03, subdivision 22, clause (2). The child is abandoned under sections 260C.007, subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph (b), clause (1).
Subd. 4.
Relinquishment of a newborn.
A mother or any person, with the mother's permission, may bring a newborn infant to a safe place during its hours of operation and leave the infant in the care of an employee of the safe place. The mother or a person with the mother's permission may call 911 to request to have an ambulance dispatched to an agreed-upon location to relinquish a newborn infant into the custody of ambulance personnel.
Subd. 5.
Placement of newborn.
The agency contacted by a safe place pursuant to section 145.902, subdivision 2, shall have legal responsibility for the placement of the newborn infant in foster care for 72 hours during which time the agency shall file a petition under section 260C.141 and ask the court to order continued placement of the child in foster care. The agency shall immediately begin planning for adoptive placement of the newborn.
History:
2000 c 421 s 2; 2012 c 216 art 2 s 2; art 6 s 13; 2015 c 71 art 1 s 126; 2019 c 50 art 1 s 86,87; 1Sp2020 c 2 art 8 s 117
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.152 — Service Of Summons, Notice.

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 right to be heard under this section. This subdivision does not require that a foster parent, preadoptive parent, relative providing care for the child, or any other relative 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; 2022 c 98 art 8 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.

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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.165 — Certain Out-of-court Statements Admissible.

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:
(1) 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;
(2) the statement alleges, explains, denies, or describes:
(i) any act of sexual penetration or contact performed with or on the child;
(ii) any act of sexual penetration or contact with or on another child observed by the child making the statement;
(iii) any act of physical abuse or neglect of the child by another; or
(iv) any act of physical abuse or neglect of another child observed by the child making the statement;
(3) 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
(4) 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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.168 — Compliance With Indian Child Welfare Act And Minnesota Indian Family Preservation Act.

260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION 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, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
History:
1999 c 139 art 3 s 15; 2015 c 78 art 1 s 29
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.177 — Parental And Law Enforcement Notification.

260C.177 PARENTAL AND LAW ENFORCEMENT NOTIFICATION.
An emergency shelter and its agents, employees, and volunteers must comply with court orders, this chapter, chapter 260E, 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; 2012 c 216 art 6 s 13; 1Sp2020 c 2 art 8 s 120
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.181 — Place Of Temporary Custody; Shelter Care Facility.

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 (1) or (2), item (ii), 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 or, if no placement is available with a relative, 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; 2022 c 98 art 8 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.202 — Court Review Of Foster Care.

260C.202 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 plan and the child's 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 sections 260C.503 to 260C.521, 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 of the commissioner, shall be governed by section 260C.607. When a child is placed in a qualified residential treatment program setting as defined in section 260C.007, subdivision 26d, the responsible social services agency must submit evidence to the court as specified in section 260C.712.
(b) No later than three months after the child's placement in foster care, the court shall review agency efforts to search for and notify relatives pursuant to section 260C.221, and order that the agency's efforts begin immediately, or continue, if the agency has failed to perform, or has not adequately performed, the duties under that section. The court must order the agency to continue to appropriately engage relatives who responded to the notice under section 260C.221 in placement and case planning decisions and to consider relatives for foster care placement consistent with section 260C.221. Notwithstanding a court's finding that the agency has made reasonable efforts to search for and notify relatives under section 260C.221, the court may order the agency to continue making reasonable efforts to search for, notify, engage, and consider relatives who came to the agency's attention after sending the initial notice under section 260C.221.
(c) The court shall review the out-of-home placement plan and may modify the plan as provided under section 260C.201, subdivisions 6 and 7.
(d) When the court transfers the custody of a child 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 sections 260C.204 and 260C.503 to 260C.521, as required under juvenile court rules.
(e) When a child remains in or returns to foster care pursuant to section 260C.451 and the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall at least annually conduct the review required under section 260C.203.
History:
2001 c 178 art 1 s 21; 2005 c 159 art 2 s 17; 2010 c 269 art 3 s 5; 2010 c 301 art 3 s 7; 2012 c 216 art 6 s 13; 1Sp2020 c 2 art 5 s 75; 2022 c 98 art 8 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.208 — Information For Child Placement.

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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.223 — Concurrent Permanency Planning.

260C.223 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; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.225 — County Responsibility For Transitional Services Plans.

260C.225 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; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.227 — Voluntary Foster Care; Required Court Review.

260C.227 VOLUNTARY FOSTER CARE; REQUIRED COURT REVIEW.
(a) When the responsible social services agency and the child's parent or guardian agree that the child's safety, health, and best interests require that the child be in foster care, the agency and the parent or guardian may enter into a voluntary agreement for the placement of the child in foster care. The voluntary agreement must be in writing and in a form approved by the commissioner.
(b) When the child has been placed in foster care pursuant to a voluntary foster care agreement between the agency and the parent, under this section and the child is not returned home within 90 days after initial placement in foster care, the agency responsible for the child's placement in foster care 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 child's placement in foster care and approve it as continued voluntary foster care for up to an additional 90 days;
(ii) ask the court to order continued foster care according to sections 260C.178 and 260C.201; or
(iii) ask the court to terminate parental rights under section 260C.301.
(3) The out-of-home placement plan must be updated and filed along with the petition.
(c) If the court approves continuing the child in foster care for up to 90 more days on a voluntary basis, 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; 260C.503 to 260C.521; or 260C.317.
(d) If the child is placed in a qualified residential treatment program, the placement must follow the requirements of sections 260C.70 to 260C.714.
History:
1999 c 245 art 8 s 25; 2001 c 178 art 1 s 30; 2005 c 56 s 1; 2008 c 361 art 6 s 41; 2012 c 216 art 6 s 13; 1Sp2020 c 2 art 5 s 81
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.229 — Voluntary Foster Care For Children Over Age 18; Required Court Review.

260C.229 VOLUNTARY FOSTER CARE FOR CHILDREN OVER AGE 18; REQUIRED COURT REVIEW.
(a) When a child asks to continue or to reenter foster care after age 18 under section 260C.451, the child and the responsible social services agency may enter into a voluntary agreement for the child to be in foster care under the terms of section 260C.451. The voluntary agreement must be in writing and on a form prescribed by the commissioner.
(b) When the child is in foster care pursuant to a voluntary foster care agreement between the agency and the child, and the child is not already under court jurisdiction pursuant to section 260C.193, subdivision 6, the agency responsible for the child's placement in foster care shall:
(1) file a motion to reopen the juvenile protection matter where the court previously had jurisdiction over the child within 30 days of the child and the agency executing the voluntary placement agreement under paragraph (a) and ask the court to review the child's placement in foster care and find that the placement is in the best interests of the child; and
(2) file the out-of-home placement plan required under subdivision 1 with the motion to reopen jurisdiction.
(c) The court shall conduct a hearing on the matter within 30 days of the agency's motion to reopen the matter and, if the court finds that placement is in the best interests of the child, shall conduct the review for the purpose and with the content required under section 260C.203 at least every 12 months as long as the child continues in foster care.
History:
2012 c 216 art 4 s 21
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.303 — Venue.

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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.307 — Procedures In Terminating Parental Rights.

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 1, 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 1, 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; 2014 c 275 art 1 s 86
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.312 — Disposition; Parental Rights Not Terminated.

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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.328 — Change Of Guardian; Termination Of Guardianship.

260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
(a) 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 section 260C.325, subdivision 1.
(b) The authority of a guardian appointed by the juvenile court terminates when the individual under guardianship becomes age 18. However, an individual who has been under the guardianship of the commissioner and who has not been adopted may continue in foster care or reenter foster care pursuant to section 260C.451 and the responsible social services agency has continuing legal responsibility for the placement of the individual.
History:
1999 c 139 art 3 s 35; 2012 c 216 art 1 s 25; art 4 s 23
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.405 — Violation Of An 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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.411 — New 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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.415 — Appeal.

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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.421 — Contempt.

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