JUVENILE LAW
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org

I. ALTERNATIVE DISPUTE RESOLUTION
Chapter 163, Article 2, Sections 25 and 38 (SF 1503)
Amends Minn. Stat. § 484.76, subd. 2
Adds Minn. Stat. § 260C.163, subd. 12
Effective August 1, 2009

A. Authorization in Child Protection Hearings
Permits the court to authorize alternative dispute resolution - including family group decision making, parallel protection process, and mediation - in any Children in Need of Protection or Services (CHIPS), permanency, or Termination of Parental Rights (TPR) case where alternative dispute resolution is in the child's best interests. Permits the court to order the child to be included, where appropriate and where inclusion is in the child's best interests. Allows the alternative process, subject to the court's approval and determination that the resolution is in the child's best interests, to be used: (1) at any point in the proceeding; and (2) to resolve all or part of the case.
Adds Minn. Stat. § 260C.163, subd. 12

B. Removal of Prohibition Against Alternative Dispute Resolution
Removes the bar against the use of alternative dispute resolution in juvenile cases in the statutes governing the court's authority.
Amends Minn. Stat. § 484.76, subd. 2

II. AMERICAN INDIAN CHILD WELFARE SERVICES
Chapter 163, Article 2, Section 2 (SF 1503)
Amends Minn. Stat. § 256.01, subd. 14b
Effective August 1, 2009

A. Mental Health Screenings
Authorizes tribes providing child welfare services to conduct mental health screenings for children who are living on the reservation and: (1) who are receiving protective services; (2) who are in foster care; or (3) whose parents' have had their parental rights terminated or suspended. Allows the participating tribe to access available state funds for conducting the screenings. Provides that the permissive authority granted does not alter the county's responsibility to provide services under the Children's Mental Health Act.

B. Child Mortality Review Panels
Authorizes a tribe providing child welfare services to establish a child mortality review panel. Specifies the duties of the panel are to review fatalities or near-fatalities related to maltreatment occurring on the reservation. Requires the participating tribe, upon request, to share information on individual cases with the state child mortality panel.

III. APPROPRIATIONS
Chapter 79, Article 13, Section 3, Subd. 4(m) (HF 1362)
Effective July 1, 2009

A. Homeless and Runaway Youth Act
Appropriates $218,000 in fiscal year 2010 to the Homeless and Runaway Youth Act, and requires that funds be spent in the continuum of care to meet the greatest need. Increases the base appropriation by $119,000 each year beginning July 1, 2011.

B. Homeless Youth - Stimulus Funds
Appropriates for the biennium $2.5 million of Homeless Prevention and Rapid Re-Housing Program funds under American Recovery and Reinvestment Act of 2009 (the federal stimulus) for agencies providing homelessness prevention and rapid re-housing to youth.

IV. BACKGROUND STUDY - PLACEMENT
Chapter 163, Article 1, Sections 5 and 9 (SF 1503)
Amends Minn. Stat. § 260C.212, subd. 4
Repeals Minn. Stat. § 260C.209, subd. 4
Effective August 1, 2009

Eliminates the requirement for the social services agency to provide copies of a background study to parents where the child is not placed with either parent. Retains: (1) the requirement of the social services agency to notify the parent that the background study will be used in its recommendation against placing the child with that parent; and (2) the parent's right to be heard regarding the study.

V. CHILD PROTECTION - SUMMONS AND NOTICE
Chapter 163, Article 2, Sections 20 - 23 (SF 1503)
Amends Minn. Stat. § 260C.151, subds. 1 - 3
Adds Minn. Stat. § 260C.151, subd. 2a
Effective August 1, 2009

A. Issuance of Summons
Clarifies that the summons in a CHIPS proceeding must be served on the child's parents, legal guardian, and any person with legal custody of the child.
Amends Minn. Stat. § 260C.151, subd. 1

B. Recipients of Notice of Pendency of CHIPS Proceeding
Clarifies that any putative father, including a man who has registered with the Father's Adoption Registry, is entitled to notice of pendency of a CHIPS proceeding. Clarifies that "notice" means written notice as required under the Rules for Juvenile Protection Procedure.
Amends Minn. Stat. § 260C.151, subd. 2 (entitlement to notice)
Amends Minn. Stat. § 260C.151, subd. 3 (meaning of "notice")

C. Termination of Parental Rights or Permanent Placement Proceeding Notice

1. Court Duty to Notify
Requires the court - after a petition for TPR or permanent placement away from a parent is filed - to: (1) establish a time for an admit/deny hearing; (2) issue a summons to require the child's parents to appear; and (3) send notice to: (i) a putative father who has registered with the Father's Adoption Registry and is entitled to notice of an adoption proceeding under state law; and (ii) a grandparent with the right to participate under Minn. Stat. § 260C.163, subd. 2.
Adds Minn. Stat. § 260C.151, subd. 2a

2. No Court Duty to Notify
Does not require notice to a putative father who failed to timely register with the Father's Adoption Registry, unless the man is also a presumed father or is required to receive notice under the adoption petition statute (Minn. Stat. § 259.49, subd. 1).
Adds Minn. Stat. § 260C.151, subd. 2a

3. No Presumption of Unfitness
Declares that there is no presumption of parental unfitness based on the fact that a putative father is not subject to (and thus did not receive) the notice and has had his parental rights terminated.
Adds Minn. Stat. § 260C.151, subd. 2a

VI. CHILDREN ON THE RUN/HABITUAL TRUANCY/ENDANGERMENT
Chapter 163, Article 2, Sections 25 - 27 (SF 1503)
Amends Minn. Stat. §§ 260C.175, subd. 1; 260C.176, subd. 1; 260C.178, subds. 1 and 3; and 260C.201, subds. 1 and 5
Effective August 1, 2009

A. Immediate Custody
Restricts the ability of a peace officer to take immediate custody of a runaway child to a single purpose - transporting the child: (1) home; (2) to a relative's home; or (3) to another safe place.
Amends Minn. Stat. § 260C.175, subd. 1

B. Release from Custody
Eliminates the possibility that the child will run away as a reason to prevent release. Changes suitable "person" to suitable "relative."
Amends Minn. Stat. §§ 260C.176, subd. 1; and 260C.178, subd. 1

C. Duties, Powers, and Limitations of the Court

1. Duties and Powers

a. Duty to Inquire
Imposes a duty on the court to inquire at each hearing after the initial hearing about reasonable efforts to place the children together as required where joint placement does not occur.
Amends Minn. Stat. § 260C.178, subd. 1

b. Duty to Review Orders
Requires the court to review - and permits approval or modification of -- parental visitation orders and relative and sibling visitation orders where a child is in foster care. Amends Minn. Stat. § 260C.201, subd. 5

c. Power to Deny Visitation
Allows the court to deny parental visitation where it is not in the child's best interests, or is not required under law because the child: (1) is danger to herself or himself or others; or (2) may be with a perpetrator of domestic abuse.
Amends Minn. Stat. § 260C.201, subd. 5

2. Limitations

a. Inquiries Regarding Reasons for Placement
Limits the court's ability to inquire about placement with siblings if a child is placed in foster care for treatment. (Previously, court could not ask about placement with siblings if child was placed "due solely to the child's own behavior.")
Amends Minn. Stat. § 260C.178, subd. 1

b. Power to Order to Foster Care
Eliminates court's ability to send a child to a group foster care facility where the child: (1) has run away; or (2) is habitually truant.
Amends Minn. Stat. § 260C.201, subd. 1

D. Duties Imposed on Social Services Agencies

1. Authorization for Release
Requires agencies to develop and implement a safety plan (if necessary) prior to authorizing the release of an endangered child.
Amends Minn. Stat. § 260C.176, subd. 1

2. Facilitating Visitation
Imposes a duty on a social service agency to:

- Develop a plan to facilitate visitation or ongoing contact between siblings, unless doing so is contrary to the safety or well-being of any sibling.
Amends Minn. Stat. § 260C.178, subd. 1

- Where a child is removed due to endangerment, develop and implement a parental visitation schedule parents as soon as possible after the court's order for continued placement, unless the court finds that visitation is not in the child's best interests. Specifies that the visitation plan is the same as an out-of-home placement parental visitation plan under Minn. Stat. § 260C.212, subd. 1(c)(5). Prohibits visitation where a parent has had little or no contact with the child prior to the court's order until the agency assesses the parent's ability to provide daily care. Permits the agency to ask to defer its duty to develop a visitation plan until paternity is adjudicated or there is a positive genetic test.
Amends Minn. Stat. § 260C.178, subd. 3

VII. DEFINITION OF FOSTER CARE
Chapter 163, Article 2, Sections 14 and 17 (SF 1503)
Amends Minn. Stat §§ 260B.007, subd. 7; and 260C.007, subd. 18
Effective August 1, 2009

Creates consistent definitions of "foster care" in Chapters 260B (Delinquency) and 260C (Child Protection). Amends the definition from the child protection chapter into the delinquency chapter, and both definitions are amended to specifically provide that foster care: (1) is intended to provide for a child's safety or to access treatment; and (2) must not be used as a punishment or consequence for a child's behavior.

VIII. DEFINITION OF "PARENT"
Chapter 163, Article 2, Section 18 (SF 1503)
Amends Minn. Stat. § 260C.007, subd. 25
Effective August 1, 2009

Amends the definition of "parent" in Chapter 260C by providing that a parent is a person with a parent-child relationship as that term is defined in Minn. Stat. § 257.52 (paternity). Further excludes the term "parent" from: (1) matters under the Indian Child Welfare Act where an unwed father's paternity has not been acknowledged or established; and (2) putative fathers who do not have a presumption of paternity, unless the putative father is entitled to notice of an adoption petition.

IX. DELINQUENCY

A. Dispositions
Chapter 163, Article 2, Section 16 (SF 1503)
Amends Minn. Stat. § 260B.198, subd. 1
Effective August 1, 2009

Limits transference of legal custody to cases where the court finds the child is a danger to herself or himself, or to others.

B. Juvenile Treatment Screening Teams
Chapter 163, Article 2, Section 15 (SF 1503)
Amends Minn. Stat. § 260B.157, subd. 3
Effective August 1, 2009

Requires a juvenile treatment screening team to consider residential treatment for children with emotional disturbances, consistent with Minn. Stat. § 260.012, which requires diligence in preventing placement and developing permanency plans.

X. FATHER'S ADOPTION REGISTRY
Chapter 163, Article 2, Sections 3 and 4 (SF 1503)
Amends Minn. Stat. § 259.52, subds. 2 and 6
Effective August 1, 2009

Exempts agencies from the requirement to search the Father's Adoption Registry if an adoption petition is pending under the Safe Place for Newborns Act (Minn. Stat. § 260C.217). Prohibits a putative father who failed to timely register with the Father's Adoption Registry from asserting an interest in a child in a termination of parental rights proceeding under Chapter 260C.

XI. INTERSTATE COMPACT FOR PLACEMENT OF CHILDREN
Chapter 163, Article 1, Sections 1 and 8 (SF 1503)
Amends Minn. Stat. § 260.93
Effective when Compact is enacted in at least 35 states

Makes primarily technical corrections and clarifications, including:

• Clarifying that interstate placement cases are not subject to the Compact where the public agency is a party to the case and the court dismisses jurisdiction;
• Establishing that, in cases subject to the Compact, testimony may be taken by telephone, audio-video conference, or other means approved by the Interstate Commission rules;
• Clarifying that communications between judicial officers is governed by the state's judicial canons and Interstate Commission rules; and
• Adding an exception for continuing jurisdiction by the sending state where: (1) birthparents in the sending state have signed the appropriate consents or relinquishments; and (2) the consent or relinquishment is certified by an attorney or agent of a private adoption agency as compliant with state laws of either the sending state or the state where the adoption will be finalized; and
• Directs DHS to notify the Revisor of Statutes when the Compact is enacted by at least 35 states.

XII. JUVENILE JUSTICE STUDY
Chapter 132, Section 2 (HF 702)
Effective August 1, 2009

Requires the existing criminal and juvenile justice information policy group to meet with other stakeholders, the Department of Corrections, Office of Justice Programs and other interested community groups to study the feasibility of collecting and reporting summary data on decisions that affect a child's status in the juvenile justice system. Requires a report to the chairs and ranking minority members of the committees overseeing juvenile justice policy by February 15, 2010.

XIII. MULTISTATE INFORMATION
Chapter 163, Article 1, Section 4 (SF 1503)
Amends Minn. Stat. § 260C.209, subd. 3
Effective August 1, 2009

Shifts responsibility from the county agency to the Department of Human Services (DHS) - in emergency unlicensed relative placements - for submitting fingerprints to the Bureau of Criminal Apprehension.

XIV. OUT-OF-HOME PLACEMENT

A. Monthly Visits
Chapter 174, Article 1, Section 8 (HF 1276)
Amends Minn. Stat. § 260C.212, subd. 4a
Effective August 1, 2009

Allows any person responsible for visitation with the child in foster care or on a trial home visit to conduct the statutorily required monthly visit. (Current law provides that only a case worker may conduct the visit.) Requires the visit to include whether the child is enrolled and attending school.

B. Placement of Multiple Siblings
Chapter 163, Article 2, Section 32 (SF 1503)
Amends Minn. Stat. § 260C.212, subd. 2
Effective August 1, 2009

Requires agencies to justify why siblings are not placed together by documenting that either: (1) joint placement would be contrary to any sibling's best interests; or (2) joint placement is not possible after reasonable efforts have been made to jointly place the siblings. Requires the agency, where joint placement is impossible, to provide frequent visitation or ongoing contact, unless the agency documents that any interaction harmful to the safety or well-being of any sibling.

C. Placement Plan
Chapter 163, Article 2, Section 31 (SF 1503)
Amends Minn. Stat. § 260C.212, subd. 1
Effective August 1, 2009

Adds new requirements that the placement plan include:

- Efforts to ensure educational stability while the child is in foster care, including: (1) enrollment in the same school, unless it is not in the child's best interests to remain in the same school, in which case the effort must be enrollment in a new school; and (2) working with educational authorities.

- Prescriptive agency efforts to ensure continuity and oversight of health care for the child, including responsibility to ensure access to health care coverage; and

- Health records, including eligibility for insurance or medical assistance.

D. Reasonable Efforts
Chapter 163, Article 2, Sections 13, 19, and 34 (SF 1503)
Amends Minn. Stat. §§ 260.012; and 260C.212, subd. 5
Adds Minn. Stat. § 260C.150
Effective August 1, 2009

1. To Prevent Placement

a. Preventing Placement
Requires the social service agency to work with the family to develop and implement a safety plan as part of "reasonable efforts" to prevent out-of-home placement.
Amends Minn. Stat. § 260.012(d)(1)

2. To Develop Permanency

a. Permanency Plans
Adds that reasonable efforts of agencies to finalize permanency plans must include: (1) providing notice to identified adult relatives of a child; and (2) placing siblings in the same home for foster care, adoption, or transfer of legal custody. Requires visitation between siblings to be based on the best interest of the child as required under current law where siblings are not placed in the same home.
Adds Minn. Stat. § 260.012(d)(4)

b. Relative Search
Requires, as part of reasonable effort to develop permanency plan, the agency to search for relatives a due diligence duty. Requires the agency to: (1) identify and notify adult relatives prior to placement or within 30 days after the child's removal from the parent; and (2) notify relatives: (i) of the need for a foster home, the option to become a placement resource, and the possible need for permanent placement; (ii) of their duty to ensure agency has their current address; (iv) that they may participate in the care and planning for the child and that they may lose that right if they fail to respond to the notice; and (v) of family foster care licensing requirements and procedures.
Amends Minn. Stat. § 260C.212, subd. 5

c. Placement of Children with Mental Disabilities
Adds that reasonable efforts to prevent out-of-home placements for children with mental disabilities are not required where: (1) the treatment is medically necessary; (2) the level or intensity of supervision and treatment cannot be effectively and safely provided in the child's home or community; and (3) there is a determination that a residential treatment setting is the least restrictive setting for the child.
Amends Minn. Stat. § 260.012

3. To Identify and Locate Parents

a. Determining Parentage

1) Establishment of Parent-Child Relationship
Allows a parent-child relationship to be established pursuant to the requirements of Chapter 260C and the Rules of Juvenile Court Procedure.
Adds Minn. Stat. § 260C.150, subd. 1

2) Genetic Testing
Provides that a man with a positive genetic test is treated as if he is the child's presumed father, giving him the right to: (1) notice of the child protection proceedings; and (2) be assessed and considered for placement and day-to-day care of the child.
Adds Minn. Stat. § 260C.150, subd. 1

b. New Due Diligence Requirements
Outlines what constitutes an agency's due diligence to identify and locate parents in a child protection proceeding (in other than cases under the Safe Place for Newborn Act. Specifies that due diligence includes:

• Asking the custodial parent to provide information about the nonresident parent;
• Checking the county and state child support system;
• Requesting a search of the Father's Adoption Registry 30 days after the child's birth; and
• Any other reasonable means to identify and/or locate the nonresident parent.
Adds Minn. Stat. § 260C.150, subd. 3

c. Disclosure of Private Data
Permits an agency to disclose data that is otherwise private in order to carry out these it due diligence identify parents.
Adds Minn. Stat. § 260C.150, subd. 3

d. Duties of the Court

1) At the Initial and Subsequent Hearings
Requires the court to inquire of any party, on the record, at both the first and any subsequent hearing whether the parents' identities and whereabouts are correctly reflected in the court petition.
Adds Minn. Stat. § 260C.150, subd. 4

2) Taking Sworn Testimony
Requires the court - upon request of the county attorney - to swear in an uncooperative custodial parent to offer testimony relevant to the other parent's identity. Permits the court to issue a protective order if information is disclosed during testimony that would endanger the parent, child, or other family member.
Adds Minn. Stat. § 260C.150, subd. 5

3) Review of Agency Efforts

a) Elements and Timing of Required Report
Requires the agency to include a description of any parent: (1) whose identity is unknown; or (2) who has not been located in its report to the court required under the Rules of Juvenile Protection Procedure. Requires the report to be filed as soon as possible, but not later than the first review hearing.
Adds Minn. Stat. § 260C.150, subd. 6

b) Findings
Permits the court to find that: (1) diligent efforts have been made (if the agency has complied with all the requirements) and further efforts to identify or locate the parent would be futile; or (2) diligent efforts have not been made or both parents have not been served with a copy of the requisite summons or notice. Requires the court to order the agency to take further steps to either identify and locate both parents (including identifying what steps must be made) or order further steps to complete service if the agency has failed in its due diligence.
Adds Minn. Stat. § 260C.150, subd. 6

4) Waiver of Notice to Nonresident Parent
Permits the court, for good cause, to waive notice to the nonresident parent if notice would endanger the parent, child, or another family member upon finding that: (1) the child remains in the care of the custodial parent; and (2) waiver is in the child's best interest.
Adds Minn. Stat. § 260C.150, subd. 5

E. Training
Chapter 174, Section 9 (HF 1276)
Amends Minn. Stat. § 260C.212, subd. 11
Effective August 1, 2009

Eliminates the requirement for foster care providers to be trained on cultural heritage and diversity laws -- including the Indian Child Welfare Act - when the child's safety is not jeopardized and where permitted under federal law.

XV. PLACEMENT OF CHILDREN WITH DEVELOPMENTAL DISABILITY OR EMOTIONAL DISTURBANCE
Chapter 163, Article 1, Section 3 (SF 1503)
Amends Minn. Stat. § 260C.201, subd. 11
Effective August 1, 2009

Makes technical changes to the child placement statute to conform it to prior recodification and procedures related to placements of children with developmental disabilities or emotional disturbances.

XVI. RELEASE OF CHILD SUPPORT DATA
Chapter 163, Article 2, Section 1 (SF 1503)
Amends Minn. Stat. § 13.46, subd. 2
Effective August 1, 2009

Permits DHS to disclose data concerning the parents and child (relating to permanency planning) to agencies covered under titles IV-E and IV-B of the Social Security Act as necessary to establish parentage or determine who has parental rights.

XVII. TARGETED CASE MANAGEMENT - FUNDING
Chapter 79, Article 13 (HF 1362)
Effective July 1, 2009

Requires DHS to recover from counties and tribes for 2008 temporary funding for targeted case management, with half to be recovered by February 1, 2010, and the other half by February 1, 2011, unless DHS establishes a revised payment schedule. Prohibits any revised schedule from delaying payment beyond May 1, 2011. Requires any payments recovered to be deposited in the general fund.

XVIII. TRANSITION FROM FOSTER CARE
Chapter 163, Article 2, Section 35 (SF 1503)
Amends Minn. Stat. § 260C.212, subd. 7
Effective August 1, 2009

Chapter 106, Sections 1 and 2 (SF 666)
Amends Minn. Stat. § 260C.212, subd. 7
Adds Minn. Stat. § 260C.456
Effective August 1, 2009

A. Extension of Benefits
Requires social service agencies - upon request of a recipient of foster care benefits who is between the ages of 18 and 21 - to develop plans describing vocational, educational, social, and maturation needs of such recipients who: (1) received foster care benefits in the six months prior to turning 18; (2) were discharged while on runaway status after age 15; or (3) had been under state guardianship as dependent or neglected. Requires the plan ensure continuing foster care, housing, or counseling benefits to age 21, to the extent funds are available.
Adds Minn. Stat. § 260C.456

B. Review of Placement
Requires the social services agency to assist a child who is 17 or older, at the direction of the child, to develop a transition plan during 90 days prior to discharge from foster care. Requires the plan to: (1) be as detailed as the child wishes; and (2) include options on housing, health insurance, education, mentoring opportunities, continuing support services, work force supports, and employment services.
Amends Minn. Stat. § 260C.212, subd. 7

XIX. VOLUNTARY FOSTER CARE FOR TREATMENT
Chapter 163, Article 2, Sections 36 and 37 (SF 1503)
Amends Minn. Stat. §§ 260D.02, subd. 5; and 260D.03, subd. 1
Effective August 1, 2009

Requires that voluntary foster care placements for children who are emotionally disturbed or developmentally disabled must be medically necessary. Clarifies that the medical necessity screening can be a basis to authorize the agency to place the child in foster care.

XX. VIOLENCE PREVENTION PROGRAMS FOR AT-RISK YOUTH
Chapter 156 (HF 1328)
Adds Minn. Stat. § 145.958
Effective August 1, 2009 except that agency coordination requirements are effective upon the availability of funding to support coordination activities

A. Violence Prevention Programs
Permits community-based programs focused on violence prevention for at-risk youth to request "technical assistance" from the Department of Health to reduce youth violence and address the needs of at-risk youth. Establishes criteria the programs seeking assistance must meet (e.g., early intervention) and lists features the programs may contain (e.g., mentorships).
Adds Minn. Stat. § 145.958, subds. 1 and 2

B. Agency Coordination
Requires the Department of Health to work with the Departments of Human Services, Public Safety, and Education to identify and provide technical support to five programs (one of which must be in Minneapolis and one of which must be in St. Paul) that meet the established criteria and provide technical support, including applying for federal grants and private foundation funding. Requires the Department of Health to monitor the progress of the five programs selected in order to help other programs replicate successful models. Directs the Department of Health to apply for private, state and federal funds to support the required activities, and makes compliance contingent on the receipt of funding.
Adds Minn. Stat. § 145.958, subd. 3