reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260A — Truancy › Section 260A.03 — Notice To Parent Or Guardian When Child Is A Continuing Truant.

260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A CONTINUING TRUANT.
Upon a child's initial classification as a continuing truant, the school attendance officer or other designated school official shall notify the child's parent or legal guardian, by first-class mail or other reasonable means, of the following:
(1) that the child is truant;
(2) that the parent or guardian should notify the school if there is a valid excuse for the child's absences;
(3) that the parent or guardian is obligated to compel the attendance of the child at school pursuant to section 120A.22 and parents or guardians who fail to meet this obligation may be subject to prosecution under section 120A.34;
(4) that this notification serves as the notification required by section 120A.34;
(5) that alternative educational programs and services may be available in the child's enrolling or resident district;
(6) that the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the child's truancy;
(7) that if the child continues to be truant, the parent and child may be subject to juvenile court proceedings under chapter 260C;
(8) that if the child is subject to juvenile court proceedings, the child may be subject to suspension, restriction, or delay of the child's driving privilege pursuant to section 260C.201; and
(9) that it is recommended that the parent or guardian accompany the child to school and attend classes with the child for one day.
History:
1995 c 226 art 3 s 39; 1998 c 397 art 11 s 3; 1999 c 139 art 4 s 2; 2013 c 116 art 4 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260A — Truancy › Section 260A.05 — School Attendance Review Boards.

260A.05 SCHOOL ATTENDANCE REVIEW BOARDS.
Subdivision 1.
Establishment.
A school district or charter school may establish one or more school attendance review boards to exercise the powers and duties in this section. The school district or charter school board shall appoint the members of the school attendance review board and designate the schools within the board's jurisdiction. Members of a school attendance review board may include:
(1) the superintendent of the school district or the superintendent's designee or charter school director or the director's designee;
(2) a principal and one or more other school officials from within the district or charter school;
(3) parent representatives;
(4) representatives from community agencies that provide services for truant students and their families;
(5) a juvenile probation officer;
(6) school counselors and attendance officers; and
(7) law enforcement officers.
Subd. 2.
General powers and duties.
A school attendance review board shall prepare an annual plan to promote interagency and community cooperation and to reduce duplication of services for students with school attendance problems. The plan shall include a description of truancy procedures and services currently in operation within the board's jurisdiction, including the programs and services under section 260A.04. A board may provide consultant services to, and coordinate activities of, truancy programs and services. If a board determines that it will be unable to provide services for all truant students who are referred to it, the board shall establish procedures and criteria for determining whether to accept referrals of students or refer them for other appropriate action.
Subd. 3.
Oversight of truant students.
A school attendance review board shall oversee referrals of truant students and provide appropriate intervention and services under section 260A.06. The board shall establish procedures for documenting student attendance and verifying actions and interventions with respect to truant students and their families.
History:
1995 c 226 art 3 s 41; 1998 c 398 art 5 s 31; 2013 c 116 art 4 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260A — Truancy › Section 260A.06 — Referral Of Truant Students To School Attendance Review Board.

260A.06 REFERRAL OF TRUANT STUDENTS TO SCHOOL ATTENDANCE REVIEW BOARD.
Subdivision 1.
Referral; notice.
An attendance officer or other school official may refer a student who is a continuing truant to the school attendance review board. The person making the referral shall provide a written notice by first class mail or other reasonable means to the student and the student's parent or legal guardian. The notice must:
(1) include the name and address of the board to which the student has been referred and the reason for the referral; and
(2) indicate that the student, the parent or legal guardian, and the referring person will meet with the board to determine a proper disposition of the referral, unless the board refers the student directly to the county attorney or for other appropriate legal action.
Subd. 2.
Meeting; community services.
(a) Except as provided in paragraph (b), the school attendance review board shall schedule the meeting described in subdivision 1 and provide notice of the meeting by first class mail or other reasonable means to the student, parent or guardian, and referring person. If the board determines that available community services may resolve the attendance problems of the truant student, the board shall refer the student or the student's parent or guardian to participate in the community services. The board may develop an agreement with the student and parent or guardian that specifies the actions to be taken. The board shall inform the student and parent or guardian that failure to comply with any agreement or to participate in appropriate community services will result in a referral to the county attorney under subdivision 3. The board may require the student or parent or guardian to provide evidence of participation in available community services or compliance with any agreement.
(b) A school attendance review board may refer a student directly to the county attorney or for other appropriate legal action under subdivision 3 if it has established procedures and criteria for these referrals.
Subd. 3.
Referral to county attorney; other appropriate action.
If the school attendance review board determines that available community services cannot resolve the attendance problems of the truant student, if the student or the parent or guardian has failed to comply with any referrals or agreements under subdivision 2 or to otherwise cooperate with the board, or if the board determines that a student should be referred directly under this subdivision, the board may:
(1) refer the matter to the county attorney under section 260A.07, if the county attorney has elected to participate in the truancy mediation program; or
(2) if the county attorney has not elected to participate in the truancy mediation program, refer the matter for appropriate legal action against the child or the child's parent or guardian under chapter 260 or section 120A.34.
History:
1995 c 226 art 3 s 42; 1998 c 397 art 11 s 3; 1998 c 398 art 5 s 32
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260A — Truancy › Section 260A.07 — County Attorney Truancy Mediation Program.

260A.07 COUNTY ATTORNEY TRUANCY MEDIATION PROGRAM.
Subdivision 1.
Establishment; referrals.
A county attorney may establish a truancy mediation program for the purpose of resolving truancy problems without court action. If a student is in a school district or charter school that has established a school attendance review board, the student may be referred to the county attorney under section 260A.06, subdivision 3. If the student's school district or charter school has not established a board, the student may be referred to the county attorney by the school district or charter school if the student continues to be truant after the parent or guardian has been sent or conveyed the notice under section 260A.03.
Subd. 2.
Meeting; notice.
The county attorney may request the parent or legal guardian and the child referred under subdivision 1 to attend a meeting to discuss the possible legal consequences of the minor's truancy. The notice of the meeting must be served personally or by certified mail at least five days before the meeting on each person required to attend the meeting. The notice must include:
(1) the name and address of the person to whom the notice is directed;
(2) the date, time, and place of the meeting;
(3) the name of the minor classified as a truant;
(4) the basis for the referral to the county attorney;
(5) a warning that a criminal complaint may be filed against the parents or guardians pursuant to section 120A.34 for failure to compel the attendance of the minor at school or that action may be taken in juvenile court; and
(6) a statement that the meeting is voluntary.
History:
1995 c 226 art 3 s 43; 1998 c 397 art 11 s 3; 2013 c 116 art 4 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.001 — Title, Intent, And Construction.

260B.001 TITLE, INTENT, AND CONSTRUCTION.
Subdivision 1.
Citation.
Sections 260B.001 to 260B.446 may be cited as the delinquency provisions of the Juvenile Court Act.
Subd. 2.
Delinquency.
The purpose of the laws relating to children alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior and by developing individual responsibility for lawful behavior. This purpose should be pursued through means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.
Subd. 3.
Construction.
The laws relating to juvenile courts shall be liberally construed to carry out the purpose specified in subdivision 2.
History:
1999 c 139 art 2 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.002 — Policy On Disproportionate Minority Contact.

260B.002 POLICY ON DISPROPORTIONATE MINORITY CONTACT.
It is the policy of the state of Minnesota to identify and eliminate barriers to racial, ethnic, and gender fairness within the criminal justice, juvenile justice, corrections, and judicial systems, in support of the fundamental principle of fair and equitable treatment under law.
History:
2009 c 59 art 3 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.005 — Scope Of Victim Rights.

260B.005 SCOPE OF VICTIM RIGHTS.
The rights granted to victims of crime in sections 611A.01 to 611A.06 are applicable to adult criminal cases, juvenile delinquency proceedings, juvenile traffic proceedings involving driving under the influence of alcohol or drugs, and proceedings involving any other act committed by a juvenile that would be a crime as defined in section 609.02, if committed by an adult.
History:
1999 c 139 art 2 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.008 — Use Of Restraints.

260B.008 USE OF RESTRAINTS.
(a) As used in this section, "restraints" means a mechanical or other device that constrains the movement of a person's body or limbs.
(b) Restraints may not be used on a child appearing in court in a proceeding under this chapter unless the court finds that:
(1) the use of restraints is necessary:
(i) to prevent physical harm to the child or another; or
(ii) to prevent the child from fleeing in situations in which the child presents a substantial risk of flight from the courtroom; and
(2) there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another, including but not limited to the presence of court personnel, law enforcement officers, or bailiffs.
The finding in clause (1), item (i), may be based, among other things, on the child having a history of disruptive courtroom behavior or behavior while in custody for any current or prior offense that has placed others in potentially harmful situations, or presenting a substantial risk of inflicting physical harm on the child or others as evidenced by past behavior. The court may take into account the physical structure of the courthouse in assessing the applicability of the above factors to the individual child.
(c) The court shall be provided the child's behavior history and shall provide the child an opportunity to be heard in person or through counsel before ordering the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order.
(d) By April 1, 2022, each judicial district shall develop a protocol to address how to implement and comply with this section. In developing the protocol, a district shall consult with law enforcement agencies, prosecutors, public defenders within the district, and any other entity deemed necessary by the district's chief judge.
History:
1Sp2021 c 11 art 9 s 20
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.050 — Expert Assistance.

260B.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 persons who 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 2 s 4; 2005 c 56 s 1; 2017 c 40 art 1 s 121; 2018 c 182 art 1 s 63
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.060 — County Home Schools.

260B.060 COUNTY HOME SCHOOLS.
In any county or group of counties the county boards may purchase, lease, erect, equip, and maintain a county home school for boys and girls, or a separate home school for boys and a separate home school for girls. The juvenile court may transfer legal custody of a delinquent child to the home school in the manner provided in section 260B.198. The county home school may, with the approval of the district court judges in counties now or hereafter having a population of more than 200,000, or of the juvenile court judges in all other counties, be a separate institution, or it may be established and operated in connection with any other organized charitable or educational institution. However, the plans, location, equipment, and operation of the county home school shall in all cases have the approval of the said judges. There shall be a superintendent or matron, or both, for such school, who shall be appointed and removed by the said judges. The salaries of the superintendent, matron, and other employees shall be fixed by the said judges, subject to the approval of the county board. The county board of each county to which this section applies is hereby authorized, empowered, and required to provide the necessary funds to make all needful appropriations to carry out the provisions of this section. The commissioner of education, or other persons having charge of the public schools in any city of the first or second class in a county where a county home school is maintained pursuant to the provisions of this section may furnish all necessary instructors, school books, and school supplies for the boys and girls placed in any such home school.
History:
1998 c 398 art 5 s 55; 1999 c 139 art 2 s 5; 2003 c 130 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.070 — Existing Home Schools Continued.

260B.070 EXISTING HOME SCHOOLS CONTINUED.
All juvenile detention homes, farms, and industrial schools heretofore established under the provisions of Laws 1905, chapter 285, section 5, as amended by Laws 1907, chapter 172, and Laws 1911, chapter 353, or Laws 1913, chapter 83, Laws 1915, chapter 228, or Laws 1917, chapter 317, as amended, are hereby declared to be county home schools within the meaning of sections 260B.001 to 260B.421 and all the provisions of those sections relating to county home schools shall apply thereto.
History:
1999 c 139 art 2 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.080 — Detention Homes.

260B.080 DETENTION HOMES.
In any county or group of counties the county boards may purchase, lease, erect, equip, and maintain a detention home for boys and girls, or a separate detention home for boys and girls, or a separate detention home for boys or a separate detention home for girls. The detention home may, with the approval of the district court judges in counties now or hereafter having a population of more than 200,000 or of the juvenile court judges in all other counties be a separate institution, or it may be established and operated in connection with a county home school or any organized charitable or educational institution. However, the plans, location, equipment, and operation of the detention home shall in all cases have the approval of the judges. Necessary staff shall be appointed and removed by the judges. The salaries of the staff shall be fixed by the judges, subject to the approval of the county boards. The county board of each county to which this section applies shall provide the necessary funds to carry out the provisions of this section.
History:
1999 c 139 art 2 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.101 — Jurisdiction.

260B.101 JURISDICTION.
Subdivision 1.
Children who are delinquent.
Except as provided in sections 260B.125 and 260B.225, the juvenile court has original and exclusive jurisdiction in proceedings concerning any child who is alleged to be delinquent, a juvenile traffic offender, a juvenile petty offender, and in proceedings concerning any minor alleged to have been a delinquent, a juvenile petty offender, or a juvenile traffic offender prior to having become 18 years of age. The juvenile court shall deal with such a minor as it deals with any other child who is alleged to be delinquent or a juvenile traffic offender.
Subd. 2.
No juvenile court jurisdiction over certain offenders.
Notwithstanding any other law to the contrary, the juvenile court lacks jurisdiction over proceedings concerning a child excluded from the definition of delinquent child under section 260B.007, subdivision 6, paragraph (b). The district court has original and exclusive jurisdiction in criminal proceedings concerning a child excluded from the definition of delinquent child under section 260B.007, subdivision 6, paragraph (b).
Subd. 3.
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 260B.151 or 260B.152, or the right to participate under section 260B.163.
History:
1999 c 139 art 2 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.103 — Transfers From Other Courts.

260B.103 TRANSFERS FROM OTHER COURTS.
Subdivision 1.
Transfers required.
Except where a juvenile court has certified an alleged violation in accordance with the provisions of section 260B.125, the child is alleged to have committed murder in the first degree after becoming 16 years of age, or a court has original jurisdiction of a child who has committed an adult court traffic offense, as defined in section 260B.225, subdivision 1, paragraph (c), a court other than a juvenile court shall immediately transfer to the juvenile court of the county the case of a minor who appears before the court on a charge of violating any state or local law or ordinance and who is under 18 years of age or who was under 18 years of age at the time of the commission of the alleged offense.
Subd. 2.
Certificate.
The court transfers the case by filing with the judge or court administrator of juvenile court a certificate showing the name, age, and residence of the minor, the names and addresses of the minor's parent or guardian, if known, and the reasons for appearance in court, together with all the papers, documents, and testimony connected therewith. The certificate has the effect of a petition filed in the juvenile court, unless the judge of the juvenile court directs the filing of a new petition, which shall supersede the certificate of transfer.
Subd. 3.
Order to be taken.
The transferring court shall order the minor to be taken immediately to the juvenile court and in no event shall detain the minor for longer than 48 hours after the appearance of the minor in the transferring court. The transferring court may release the minor to the custody of a parent, guardian, custodian, or other person designated by the court on the condition that the minor will appear in juvenile court as directed. The transferring court may require the person given custody of the minor to post such bail or bond as may be approved by the court which shall be forfeited to the juvenile court if the minor does not appear as directed. The transferring court may also release the minor on the minor's own promise to appear in juvenile court.
History:
1999 c 139 art 2 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.105 — Venue.

260B.105 VENUE.
Subdivision 1.
Venue.
Except where otherwise provided, venue for any proceedings under section 260B.101 shall be in the county where the child is found, or the county of the child's residence. If delinquency, a juvenile petty offense, or a juvenile traffic offense is alleged, proceedings shall be brought in the county where the alleged delinquency or juvenile traffic offense occurred.
Subd. 2.
Transfer.
The judge of the juvenile court may transfer any proceedings brought under section 260B.101, to the juvenile court of a county having venue as provided in subdivision 1 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. If delinquency, a juvenile petty offense, or a juvenile traffic offense is alleged, the court shall first hear the case and then may transfer the case to the juvenile court of the county of the child's residence for disposition after a finding or admission of guilt. 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.
Subd. 3.
Involving interstate compact.
Except when a child is alleged to have committed an adult court traffic offense, as defined in section 260B.225, subdivision 1, paragraph (c), 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 the child's state.
History:
1999 c 139 art 2 s 10; 1Sp2003 c 2 art 7 s 1,2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.141 — Petition.

260B.141 PETITION.
Subdivision 1.
Who may file; required form.
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 delinquent, may petition the juvenile court in the manner provided in this section.
Subd. 2.
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. 3.
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; and
(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. 4.
Delinquency petition; extended jurisdiction juvenile.
When a prosecutor files a delinquency petition alleging that a child committed a felony offense for which there is a presumptive commitment to prison according to the Sentencing Guidelines and applicable statutes or in which the child used a firearm, after reaching the age of 16 years, the prosecutor shall indicate in the petition whether the prosecutor designates the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a delinquency petition alleging that a child aged 14 to 17 years committed a felony offense, the prosecutor may request that the court designate the proceeding an extended jurisdiction juvenile prosecution.
Subd. 5.
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 2 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.143 — Procedure; Juvenile Petty And Misdemeanor Offenders.

260B.143 PROCEDURE; JUVENILE PETTY AND MISDEMEANOR OFFENDERS.
Subdivision 1.
Notice.
When a peace officer has probable cause to believe that a child:
(1) is a juvenile petty offender; or
(2) has committed a delinquent act that would be a petty misdemeanor or misdemeanor if committed by an adult,
the officer may issue a notice to the child to appear in juvenile court in the county in which the child is alleged to have committed the offense. 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 260B.175 and 260B.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.
Subd. 3.
Notice to parent.
Whenever a notice to appear or petition is filed alleging that a child is a juvenile petty offender or has committed a delinquent act that would be a petty misdemeanor or misdemeanor if committed by an adult, 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 260B.151, subdivision 1.
Subd. 4.
No right to counsel at public expense.
Except as otherwise provided in section 260B.163, subdivision 4, a child alleged to be a juvenile petty offender may be represented by counsel but does not have a right to appointment of a public defender or other counsel at public expense.
History:
1999 c 139 art 2 s 14; 1Sp2003 c 2 art 7 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.151 — Summons; Notice.

260B.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 delinquency petition that contains allegations of child abuse over any other case except those delinquency matters where a child is being held in a secure detention facility. As used in this subdivision, "child abuse" has the meaning given it in section 630.36, subdivision 2.
Subd. 2.
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. 3.
Subpoena issuance.
The court may issue a subpoena requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.
History:
1999 c 139 art 2 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.152 — Service Of Summons, Notice.

260B.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 260B.151 to 260B.255 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.
Proof of service.
Proof of the service required by this section shall be made by the person having knowledge thereof.
History:
1999 c 139 art 2 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.

260B.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, or if any custodial parent or guardian fails, without reasonable cause, to accompany the child to a hearing as required under section 260B.163, subdivision 8, 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 2 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.159 — Classification System For Juvenile Offenders.

260B.159 CLASSIFICATION SYSTEM FOR JUVENILE OFFENDERS.
Each county shall develop a written policy for classifying juvenile offenders. The policy must include methods to classify the reoffense risk and service needs of juvenile offenders. In developing its policy, each county, to the extent practicable, shall consult with the department of corrections and attempt to achieve compatibility with other counties' classification systems. The department of corrections shall cooperate with counties in the development of their classification systems by offering training programs, explaining existing county risk assessment practices, and providing other requested services.
History:
1999 c 139 art 4 s 2; 1999 c 216 art 6 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.168 — Compliance With Indian Child Welfare Act.

260B.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 2 s 20
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.175 — Taking Child Into Custody.

260B.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 260B.154;
(b) in accordance with the laws relating to arrests; or
(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.
Subd. 2.
Not an arrest.
The taking of a child into custody under the provisions of this section shall not be considered an arrest.
Subd. 3.
Notice to parent or custodian.
Whenever a peace officer takes a child into custody for shelter care or relative placement pursuant to subdivision 1 or section 260B.154, the officer shall notify the parent or custodian that under section 260B.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. 4.
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 2 s 23; 2004 c 228 art 1 s 44
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.1755 — Alternative To Arrest Of Certain Juvenile Offenders Authorized.

260B.1755 ALTERNATIVE TO ARREST OF CERTAIN JUVENILE OFFENDERS AUTHORIZED.
(a) A peace officer who has probable cause to believe that a child is a petty offender or delinquent child may refer the child to a program, including restorative programs, that the law enforcement agency with jurisdiction over the child deems appropriate.
(b) If a peace officer or law enforcement agency refers a child to a program under paragraph (a), the peace officer or law enforcement agency may defer issuing a citation or a notice to the child to appear in juvenile court, transmitting a report to the prosecuting authority, or otherwise initiating a proceeding in juvenile court.
(c) After receiving notice that a child who was referred to a program under paragraph (a) successfully completed that program, a peace officer or law enforcement agency shall not issue a citation or a notice to the child to appear in juvenile court, transmit a report to the prosecuting authority, or otherwise initiate a proceeding in juvenile court for the conduct that formed the basis of the referral.
(d) This section does not apply to peace officers acting pursuant to an order or warrant described in section 260B.175, subdivision 1, paragraph (a), or other court order to take a child into custody.
History:
1Sp2021 c 11 art 9 s 21
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.185 — Extension Of Detention Period.

260B.185 EXTENSION OF DETENTION PERIOD.
Subdivision 1.
Detention.
Before July 1, 1999, and pursuant to a request from an eight-day temporary holdover facility, as defined in Minnesota Statutes 1998, section 241.0221, the commissioner of corrections, or the commissioner's designee, may grant a onetime extension per child to the eight-day limit on detention under this chapter. This extension may allow such a facility to detain a child for up to 30 days including weekends and holidays. Upon the expiration of the extension, the child may not be transferred to another eight-day temporary holdover facility. The commissioner shall develop criteria for granting extensions under this section. These criteria must ensure that the child be transferred to a long-term juvenile detention facility as soon as such a transfer is possible. Nothing in this section changes the requirements in section 260B.178 regarding the necessity of detention hearings to determine whether continued detention of the child is proper.
Subd. 2.
Continued detention.
(a) A delay not to exceed 48 hours may be made if the facility in which the child is detained is located where conditions of distance to be traveled or other ground transportation do not allow for court appearances within 24 hours.
(b) A delay may be made if the facility is located where conditions of safety exist. Time for an appearance may be delayed until 24 hours after the time that conditions allow for reasonably safe travel. "Conditions of safety" include adverse life-threatening weather conditions that do not allow for reasonably safe travel.
(c) The continued detention of a child under paragraph (a) or (b) must be reported to the commissioner of corrections.
History:
1999 c 139 art 2 s 27; 2015 c 21 art 1 s 62
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.199 — Placement Of Juvenile Offenders At Minnesota Correctional Facility-red Wing.

260B.199 PLACEMENT OF JUVENILE OFFENDERS AT MINNESOTA CORRECTIONAL FACILITY-RED WING.
Subdivision 1.
Admissions criteria.
The admissions criteria for the Minnesota Correctional Facility-Red Wing shall include a requirement that the county of referral must have considered all appropriate local or regional placements and have exhausted potential in-state placements in the geographic region. The court must state on the record that this effort was made and placements rejected before ordering a placement or commitment to the Minnesota Correctional Facility-Red Wing. Before a court orders a disposition under section 260B.198 or 260B.130, subdivision 4, for a child, the court shall determine whether the child meets the established admissions criteria for the Minnesota Correctional Facility-Red Wing. If the child meets the admissions criteria, the court shall place the child at the facility and may not place the child in an out-of-state facility, unless the court makes a finding on the record that the safety of the child or the safety of the community can be best met by placement in an out-of-state facility or that the out-of-state facility is located closer to the child's home.
Subd. 2.
[Repealed, 2009 c 59 art 4 s 9; 2009 c 83 art 3 s 24]
History:
2000 c 488 art 7 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.201 — Mandatory Commitment To Commissioner Of Corrections.

260B.201 MANDATORY COMMITMENT TO COMMISSIONER OF CORRECTIONS.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given them.
(b) "Chemical dependency treatment" means a comprehensive set of planned and organized services, therapeutic experiences, and interventions that are intended to improve the prognosis, function, or outcome of patients by reducing the risk of the use of alcohol, drugs, or other mind-altering substances and assist the patient to adjust to, and deal more effectively with, life situations.
(c) An offender has "failed or refused to successfully complete" treatment when, based on factors within the offender's control, the offender is not able to substantially achieve the program's goals and the program's director determines that, based on the offender's prior placement or treatment history, further participation in the program would not result in its successful completion.
(d) "Probation" has the meaning given in section 609.02, subdivision 15.
(e) "Sex offender treatment" means a comprehensive set of planned and organized services, therapeutic experiences, and interventions that are intended to improve the prognosis, function, or outcome of patients by reducing the risk of sexual reoffense and other aggressive behavior and assist the patient to adjust to, and deal more effectively with, life situations.
Subd. 2.
When commitment required.
(a) A court having jurisdiction over a child shall commit the child to the custody of the commissioner of corrections or place the child at the Minnesota Correctional Facility-Red Wing if the child:
(1) was previously adjudicated delinquent or convicted as an extended jurisdiction juvenile for an offense for which registration under section 243.166 was required;
(2) was placed on probation for the offense and ordered to complete a sex offender or chemical dependency treatment program; and
(3) subsequently failed or refused to successfully complete the program.
(b) If the child was initially convicted as an extended jurisdiction juvenile, the court may execute the child's adult sentence under section 260B.130, subdivision 4. Notwithstanding paragraph (c), if the court does not do this, it shall comply with paragraph (a).
(c) A court may place a child in an out-of-state facility if the court makes a finding on the record that the safety of the child or the safety of the community can be best met by placement in an out-of-state facility or that the out-of-state facility is located closer to the child's home.
Subd. 3.
[Repealed, 2009 c 59 art 4 s 9; 2009 c 83 art 3 s 24]
History:
2000 c 488 art 7 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.240 — County Responsibility For Transitional Services Plans.

260B.240 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
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260B — Delinquency › Section 260B.245 — Effect Of Juvenile Court Proceedings.

260B.245 EFFECT OF JUVENILE COURT PROCEEDINGS.
Subdivision 1.
Effect.
(a) No adjudication upon the status of any child in the jurisdiction of the juvenile court shall operate to impose any of the civil disabilities imposed by conviction, nor shall any child be deemed a criminal by reason of this adjudication, nor shall this adjudication be deemed a conviction of crime, except as otherwise provided in this section or section 260B.255. An extended jurisdiction juvenile conviction shall be treated in the same manner as an adult felony criminal conviction for purposes of the Sentencing Guidelines. The disposition of the child or any evidence given by the child in the juvenile court shall not be admissible as evidence against the child in any case or proceeding in any other court, except that an adjudication may later be used to determine a proper sentence, nor shall the disposition or evidence disqualify the child in any future civil service examination, appointment, or application.
(b) A person who was adjudicated delinquent for, or convicted as an extended jurisdiction juvenile of, a crime of violence as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime. A person who has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms has been restored under section 609.165, subdivision 1d, is not subject to the restrictions of this subdivision.
Subd. 2.
Construction.
Nothing contained in this section shall be construed to relate to subsequent proceedings in juvenile court, nor shall preclude the juvenile court, under circumstances other than those specifically prohibited in subdivision 1, from disclosing information to qualified persons if the court considers such disclosure to be in the best interests of the child or of the administration of justice.
History:
1999 c 139 art 2 s 33; 2003 c 28 art 3 s 2; 2005 c 83 s 1