JUVENILE LAW
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-842-6907
mthugdahl@mnlsap.org

Acronyms Used in This Section
CHIPS = Child in Need of Protection
DHS = Minnesota Department of Human Services
DPS = Minnesota Department of Public Safety
MDH = Minnesota Department of Health

I. ADOPTION/RELATIVE CUSTODY ASSISTANCE
First Special Session, Chapter 9, Article 10, Section 3 (HF 25)
Effective July 1, 2011

A. Increases
Increases Adoption Assistance Grants as follows:
• $3,349,000 in 2012
• $3,989,000 in 2013
• $3,989,000 in 2014
• $3,989,000 in 2015
B. Reductions
Reduces Relative Custody Assistance Grants as follows:
• $527,000 in 2012
• $609,000 in 2013
• $609,000 in 2014
• $609,000 in 2015

II. CHILDREN AND COMMUNITY SERVICES GRANTS (CCSA)
First Special Session, Chapter 9, Article 1, Section 20-30 and Article 10, Section 3 (HF 25)
Amends Minn. Stat. §§ 256M.01; 256B.10, subd. 2; 256M.20, subds. 1-3; 256M.30; 256M.40; 256M.50; 256M.60, subd. 1; 256M.70, subd. 2; and 256M.80
Repeals Minn. Stat. §§ 256M.10, subd. 5; 256M.60, subd. 2; and 256M.70, subd. 1
Effective July 1, 2011

A. Name of Grants
Renames the Children and Community Services Act (commonly known as CCSA) the "Vulnerable Children and Adults Act."
Amends Minn. Stat. §§ 256M.01 and 256M.10, subd. 2

B. Scope of Grants
Limits funded services to: (1) vulnerable children who are either in child protection or who are the subject of maltreatment; and (2) adults who are subject of maltreatment experiencing dependency, abuse, or neglect. Allows funding for supportive family services, but makes ineligible services based upon poverty, chronic health conditions, ethnicity, or race that can result in poor outcomes or disparities.
Amends Minn. Stat. § 256M.20, subds. 1 and 2

C. County Duties
Removes provisions that prioritize case management for persons with developmental disabilities, children with serious emotional disturbances, and adults with serious and persistent mental illnesses.
Amends Minn. Stat. § 256M.60

D. County Service Plan Changes
Requires, effective January 1, 2012, that county service plans must be updated only as needed to reflect current policy and procedures regarding state law requirements and use of funds. Requires that preliminary service plans must be submitted to the DHS by October 15, 2011. Eliminates the requirement that plans allocate certain grant percentages to children in low-income families. Removes the 60-day notice requirement for DHS to notify the county that the plan is approved. Adds a requirement for DHS to monitor counties' compliance on federal performance measures.
Amends Minn. Stat. §§ 256M.20, subd. 3; and 256M.30

E. Grant Funding Formula Changes
Amends funding formulas as follows:

• In 2011 and 2012, counties will receive available funds in proportion to that county's share of funds in calendar year 2010.

• In 2013:
- 75% based on the county share in calendar year 2012;
- 5% based on the population of the county; and
- 10% based on the number of vulnerable children subject to CHIPS or maltreatment reports; and
- 10% based on the number of vulnerable adults subject to maltreatment reports

• In 2014:
- 50% based on the county share in calendar year 2012;
- 10% based on the population of the county;
- 20% based on the number of vulnerable children subject to CHIPS or maltreatment reports; and
- 20% based on the number of vulnerable adults subject to maltreatment reports.

• In 2015:
- 25% based on the county share in calendar year 2012;
- 15% based upon the population of the county;
- 30% based on the number of vulnerable children subject to CHIPS or maltreatment reports; and
- 30% based on the number of vulnerable adults subject to maltreatment reports.

• In 2016 and years after:
- 20% based on the population of the county;
- 40% based on the number of vulnerable children subject to CHIPS or maltreatment reports; and
- 40% based on the number of vulnerable adults subject to maltreatment reports.
Amends Minn. Stat. § 256M.40

F. Grant Fund Appropriation Reduction and Restrictions
Reduces the grant funding appropriation for the biennium by $22 million. Provides that, beginning in 2012: (1) federal reimbursement grants cannot be used for any purpose prohibited by section 2005 of the Social Security Act (Social Service Block Grant limitations); and (2) counties must meet all federal certification requirements to receive grant funds.
Amends Minn. Stat. § 256M.50

III. DETENTION OF JUVENILES CERTIFIED AS ADULTS
Regular Session, Chapter 72, Section 1 (HF 229)
Amends Minn. Stat. § 260B.125, subd. 8
Effective August 1, 2011

Permits detention of juveniles in a secure juvenile facility during the pendency of the criminal proceedings in cases where a juvenile is certified as an adult.

IV. DISPOSITIONS FOR JUVENILE SEX OFFENDERS
Regular Session, Chapter 72, Sections 2 and 3 (HF 229)
Amends Minn. Stat. § 260B.198, subd. 1
Adds Minn. Stat. § 260B .198, subd. 1a
Effective August 1, 2011, and applies to offenses committed on or after that date.

Specifically authorizes the court to prohibit a juvenile sex offender from living within the greater of three city blocks or 1,000 feet from victim if the juvenile: (1) is age 15 or older; (2) is adjudicated delinquent for violating one of the enumerated sex offense statutes in Chapter 609, which include First through Fifth Degree Criminal Sexual Conduct and Criminal Sexual Predatory Conduct; and (3) does not reside in the same home as the victim. Relieves the court of the obligation to show how the disposition is in the best interests of the child/juvenile offender if this disposition is used.

V. E-CHARGING
Regular Session, Chapter 91, Section 1 (SF 881)
Amends Minn. Stat. § 299C.41, subd. 1
Effective August 1, 2011

Permits the use of e-charging in apprehending, prosecuting, or adjudicating a person for: (1) an alleged delinquent act; or (2) an alleged criminal or petty misdemeanor offense.

VI. GUARDIAN AD LITEM FEES
First Special Session, Chapter 1, Article 3, Section 2 (SF 1)
Amends Minn. Stat. § 260C.331, subd. 3
Effective July 21, 2011

Prohibits courts from ordering counties to pay for guardians ad litem or attorneys appointed to represent a guardian ad litem in juvenile court.

VII. SEXUALLY EXPLOITED YOUTH
First Special Session, Chapter 1, Article 4, Sections 1-9 (SF 1)
Amends Minn. Stat. §§ 260B.007, subds. 6 and 16; 260C.007, subds. 6 and 11; 609.3241; and 626.558, subd. 2a
Adds Minn. Stat. §§ 260C.007, subd. 31; and 609.093
Various Effective Dates

The general purpose of all these changes is to legally establish sexually exploited youth as victims rather than offenders.

A. Definition of "Sexually Exploited Youth"
Defines "sexually exploited youth" to mean generally an individual who is: (1) alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local criminal sexual conduct law; (2) a victim of various enumerated crimes; or (3) a sex trafficking victim.
Adds Minn. Stat. § 260C.007, subd. 31
Effective August 1, 2011

B. Addition of Sexually Exploited Youth to Definition of "Child in Need of Protection"
Adds sexually exploited youth to the definition of a child in need of protection or services.
Amends Minn. Stat. § 260.007, subd. 6
Effective August 1, 2011

C. Exclusion of Sexually Exploited Youth from Definition of "Delinquent"
Excludes sexually exploited youth from the definition of a delinquent child.
Amends Minn. Stat. § 260B.007, subd. 6
Effective for offenses committed on or after August 1, 2014

D. Exclusion of Sexually Exploited Youth from Definition of "Juvenile Petty Offender"
Excludes sexually exploited youth from the definition of juvenile petty offender.
Amends Minn. Stat. § 260B.007, subd. 16
Effective for offenses committed on or after August 1, 2014
E. Treatment of Sexually Exploited Youth Accused of Prostitution
Requires prosecutors, rather than treating a first offense as a delinquency or criminal matter, to either: (1) refer a sexually exploited youth to a diversion program; or (2) file a petition for CHIPS adjudication.
Adds Minn. Stat. § 609.093
Effective for offenses committed on or after August 1, 2014

F. Penalty Assessment for Adults Convicted of Prostitution
Establishes a hard minimum and nonwaivable assessment of $100 for adults who are convicted of prostitution, but were not prostitutes, and specifies how those sums are allocated among municipalities, the prosecuting agency, and DPS.
Adds Minn. Stat. § 609.3241(b) and (c), subd. 6
Effective August 1, 2011

G. Safe Harbor for Youth Account
Establishes a Safe Harbor for Youth account and service model, if sufficient funds are donated to fund the program. Requires that the DPS, in consultation with the DHS and MDH and if funds are available, to establish a statewide victim service model to address the needs of sexually exploited youth and youth at risk of sexual exploitation by June 30, 2012. Requires the model to reflect the recommendations of the 2006 Safe Harbor for Sexually Exploited Youth pilot project, as well as input from prosecutors, public safety and public health officials, child protection, and service workers. Requires DPS to report to the legislature by January 15, 2013 regarding the development of the service model and the need for additional legislation or funding to assist sexually exploited youth or youth at risk of sexual exploitation.
Adds Minn. Stat. § 609.3241(d) (establishment of account)
2011 Minn. Laws, First Special Session, ch. 1, art. 4, sec. 9 (requirements)
Effective August 1, 2011

VIII. TRIBES INCLUDED IN SERVICE DELIVERY REDESIGN ACT
First Special Session, Chapter 9, Article 9, Sections 7 and 8 (HF 25)
Amends Minn. Stat. § 402A.10, subds. 4 and 5
Effective August 1, 2011

Includes the provision of human services by tribes in the definition of "essential human services." Includes in the definition of "service delivery authority" an Indian tribe that has, or group of tribes that have, voluntarily chosen by resolution of tribal government to participate in redesign. (These definitions are included in the 2009 "State-County Results, Accountability, and Service Delivery Redesign Act," which assesses performance outcomes of county providers of human services.)
Amends Minn. Stat. § 402A.10, subd. 4 (definition of "essential human services")
Amends Minn. Stat. § 402A.10, subd. 5 (definition of "service delivery authority")
IX. TRANSFER OF WHITE EARTH BAND HUMAN SERVICES IN MAHNOMEN COUNTY
First Special Session, Chapter 9, Article 9, Section 18 (HF 25)
Effective July 1, 2011

A. Transfer of Custody to Tribe
Provides that DHS will transfer legal responsibility to the tribe for providing human services to tribal members and their families who reside on or off the reservation in Mahnomen County. Provides that the transfer must include federal and state funds, grants and foundation funds and services to tribal members and families. Requires a consensus decision of the governing body of the tribe and DHS as to which programs will be transferred to the tribe.

B. County Relieved of Responsibilities
Provides that, when the transfer is complete and the project is funded, Mahnomen County is relieved of all responsibilities of providing services to tribal members and their families, whether residing on or off the reservation.

C. Non-Band Family Members
Allows family members who are not Band members to choose whether to receive services from the county or the tribe.

D. DHS Report
Directs DHS to submit a written report detail progress on the program transfer, and any legislation needed to complete the transfer, to the legislature by January 15, 2012.

IX. TRANSFER OF WHITE EARTH BAND HUMAN SERVICES IN CLEARWATER AND BECKER COUNTIES
First Special Session, Chapter 9, Article 9, Section 18 (HF 25)
Effective July 1, 2011

Directs DHS and the White Earth Band to develop a plan to transfer human services for tribal members and their families residing in Clearwater and Becker Counties after the transfer from Mahnomen County is complete.

X. WHITE EARTH BAND CHILD PROTECTION SERVICES IN HENNEPIN COUNTY
First Special Session, Chapter 9, Article 9, Sections 1(HF 25)
Amends Minn. Stat. §256.01, subd. 14b
Effective August 1, 2011

Directs DHS, in consultation with the White Earth Band, to develop a plan to transfer legal responsibility for providing child protective services to White Earth Band member children residing in Hennepin County to the White Earth Band. Requires the plan to include a financing proposal, definitions of key terms, statutory amendments required, and other provisions required to
implement the plan and be submitted to House and Senate Health and Human Services Committees by January 15, 2012.