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

I. CHILDREN IN NEED OF PROTECTION/SERVICES (CHIPS)

A. Grounds
Chapter 281, Section 1 (HF 3391)
Amends Minn. Stat. § 260C.007, subd. 6
Effective August 1, 2010

Permits CHIPS petition instead of a termination of parental rights (TPR) petition if the CHIPS petition is based upon the parent's prior termination of parental rights to another child. Requires the county agency to show that a TPR proceeding for this child is not in the child's best interests.

B. In-Person Hearings
Chapter 269, Article 3, Sections 2, 3, and 6 (SF 2690)
Amends Minn. Stat. §§ 260C.163, subds. 1 and 2; and 260C.201, subd. 11
Effective August 1, 2010

1. Right of Child to Attend CHIPS Hearing
Grants a child who is the subject of a CHIPS petition the opportunity to personally attend any hearing.
Amends Minn. Stat. § 260C.163, subd. 2

2. Court Consultation with Child During Permanency Hearing
Requires that the court's consultation with the child must take place during the permanency hearing.
Amends Minn. Stat. § 260C.163, subd. 1

3. Annual Long-Term Foster Care Hearing
Requires the court's annual long-term foster care review to be held as an in-court appearance hearing.
Amends Minn. Stat. § 260C.201, subd. 11(g)

C. Noncustodial Parents
Chapter 269, Article 4, Sections 1 - 4 (SF 2690)
Amends Minn. Stat. §§ 260C.007, subd. 25; 260C.150, subd. 3; 260C.163, subd. 2; and 260C.178, subd. 3
Effective August 1, 2010

Clarifies rights and roles of noncustodial parents in CHIPS proceedings.

1. Definition of Parent
Aligns the definition of "parent" with the Parentage Act (Minn. Stat. §§ 257.51 to 257.74).
Amends Minn. Stat. § 260C.007, subd. 25

2. Identifying Parents of the Child
Permits the county agency to contact a putative father who registered with the Father's Adoption Registry more than 30 days after the child's birth. Clarifies that the putative father: (1) is still required to comply with paternity establishment; and (2) is not entitled to notice or to intervene as a party, except as provided under existing law.
Amends Minn. Stat. § 260C.150, subd. 3(c)

3. Parental Visitation
Permits the court to allow parental visitation during the evaluation of the parent's capacity to provide day-to-day care for the child, thus eliminating the existing bar to visitation pending completing of the evaluation.
Amends Minn. Stat. § 260C.178, subd. 3(c)

4. Right to Be Heard vs. Party Status
Provides that any person defined as a parent has a right to be heard in a CHIPS proceeding. Clarifies that: (1) the right to be heard does not automatically confer party status on the parent; and (2) party status is still governed by the Minnesota Rules of Juvenile Protection Procedure.
Amends Minn. Stat. § 260C.163, subd. 2

D. Relative's Participation in CHIPS Permanency Proceeding
Chapter 281, Section 2 (HF 3391)
Amends Minn. Stat. § 260C.163, subd. 2
Effective August 1, 2010

Allows any party (not just the responsible social service agency) to petition for transfer of legal custody to a named relative. Entitles the named relative to: (1) to participate in the hearing (but only on the issues of: (i) the relative's suitability for placement; (ii) whether the transfer to the relative is in the child's best interests; and (iii) the needs of the child); and (2) receive notice of any hearing in the proceeding.

II. COUNTY REIMBURSEMENT
Chapter 269, Article 2, Section 2 (SF 2690)
Amends Minn. Stat. § 260C.331, subd. 1
Effective August 1, 2010

Excludes a child's income and resources from sources other than supplemental security income (SSI) and child support from income available to reimburse the county for costs of care that are needed to meet statutory independent living goals.

III. CRIMINAL DETENTION
Chapter 330 (SF 2427)
Amends Minn. Stat. § 260B.130, subd. 5
Effective August 1, 2010

A. Youth
Permits the detention in a secure juvenile facility of a person 18 years of age or younger who is taken into custody for violating either the terms of a stayed sentence or probation as part of Extended Jurisdiction Juvenile (EJJ). Allows detention, in a separate space from adult offenders, for up to 24 hours (excluding weekends and holidays) in the county or for up to six hours in a metropolitan jail or lockup used for adults if no secure juvenile facility or acceptable juvenile alternative is available.

B. Persons Over Age 18
Permits the detention of a person over age 18 and under EJJ who is taken into custody prior to a revocation hearing in a local adult correctional facility with or without separation from other adult offenders.

IV. DRIVER'S LICENSE FOR CHILDREN IN FOSTER CARE
Chapter 269, Article 1, Sections 1-3 (SF 2690)
Amends Minn. Stat. §§ 171.04, subd. 1; 171.05, subd. 2; and 171.055, subd. 1
Effective August 1, 2010

Permits a foster parent or director of a transitional program where a child resides to approve a child's application for a driver's license, instructional permit or provisional license in lieu of a parent or guardian.

V. EXTENSION OF FOSTER CARE TO AGE 21
Chapter 269, Article 2, Section 3; Article 3, Sections 1 and 4 - 9 (SF 2690)
Amends Minn. Stat. §§ 260C.007, subd. 4; 260C.193, subd. 6; 260C.201, subds. 10 and 11; 260C.212, subd. 7; 260C.317, subd. 3; 260C.451; and 260C.456
Effective August 1, 2010
and
Chapter 301, Article 3, Sections 1 and 5 - 9 (SF 2855)
Amends Minn. Stat. §§ 245A.04, subd. 11; 260C.007, subd. 4; 260C.193, subd. 6; 260C.201, subd. 10; 260C.212, subd. 7; and 260C.451
Repeals Minn. Stat. §256.82, subd. 5 and Minn. Rules, Part 9560.0660
Effective August 1, 2010

Makes various changes to expand provisions enacted in 2009 to extend foster care eligibility and juvenile court jurisdiction to age 21 in certain cases.

A. Eligibility

1. Youth Who Previously Left Foster Care
Provides that youth who left foster care while under state guardianship as dependent or neglected retain their ability to return to foster care for placement at any time between the ages of 18 and 21.
Amends Minn. Stat. § 260C.456

2. For Foster Care Services and Benefits
Extends eligibility for foster care program services and benefits until age 21 if the person is: (1) completing secondary education (or an equivalent program), vocational, or postsecondary education; (2) participating in a program to remove employment barriers; (3) employed 80 hours per month; or (4) unable to meet these criteria because of a documented medical condition.
Amends Minn. Stat. § 245A.04, subd. 11 (Eligibility for services)
Amends Minn. Stat. § 260C.451 by adding subd. 3 (Eligibility for benefits)

B. Notification of Eligibility
Requires the local agency to advise a child in foster care, within the six months prior to the child's 18th birthday, of the availability of foster care benefits until the age of 21.
Amends Minn. Stat. § 260C.451 (new subd. 1)

C. Standard for Permanent Placement
Provides that the foster care setting for a person between age 18 and 21 must be selected based upon a best interests standards and the person's particular needs.
Amends Minn. Stat. § 260C.451 by adding subd. 5

D. Juvenile Court Jurisdiction

1. Extension of Jurisdiction
Extends jurisdiction over persons remaining in foster care until age 21.
Amends Minn. Stat. § 260C.193, subd. 6

2. Retention of Jurisdiction

a. Persons in Long-Term Foster Care
Grants continued jurisdiction over persons in long-term foster care between the ages of 18 and 21.
Amends Minn. Stat. § 260C.317, subd. 3(d)

b. Persons for Whom an Adoption is Pending
Grants jurisdiction over persons between the ages of 18 and 21 for whom an adoption is pending. Requires an in-person review hearing every 90 days to review progress toward adoption.
Amends Minn. Stat. § 260C.317, subd. 3(b)

3. Termination of Jurisdiction

a. Prohibition Against Termination
Prohibits the court from terminating jurisdiction of a person between the ages of 18 and 21 without giving the person notice and opportunity to be heard.
Amends Minn. Stat. § 260C.193, subd. 6

b. Discretion to Terminate
Permits the court to terminate jurisdiction: (1) when a person between the age of 18 and 21 asks to leave or actually leaves foster care; (2) upon a finding that continued jurisdiction is no longer necessary to protect the child's best interests.
Amends Minn. Stat. § 260C.193, subd. 6

4. Annual Review
Requires annual, in-person reviews while a child between ages 18 and 21 remains under court jurisdiction.
Amends Minn. Stat. § 260C.201, subds. 10(e) and 11(g)

5. Status of the Person Under Jurisdiction
Provides that: (1) a person remaining under court jurisdiction for foster care is considered an adult for all other purposes; and (2) any underlying orders for guardianship, long-term foster care, or legal custody terminate on the child's 18th birthday.
Amends Minn. Stat. § 260C.451 by adding subd. 7

E. Independent Living Plans
Requires the local agency - upon the request of a child receiving foster
care benefits immediately prior to the child's 18th birthday and who is in foster care at the time of the request - to: (1) update the independent living plan with respect to employment, vocational, educational, social, or maturational needs; and (2) provide continued services necessary to implement the plan.
Amends Minn. Stat. § 260C.451 by adding subd. 2

F. Repealer
Repeals the Difficulty of Care Pilot Project statute and the Extension of Foster Care to Age 21 Rules.

VI. INPATIENT AND RESIDENTIAL TREATMENT SCREENING
Chapter 303, Sections 1 and 2 (SF 2912)
Amends Minn. Stat. § 245.4885, subds. 1 and 1a
Effective August 1, 2010

A. Acute Care Hospitals Relief from Mandate
Relieves acute care hospitals of the requirement, when admitting a child, to make a level of care determination within five days.
Amends Minn. Stat. § 245.4885, subd. 1a

B. Determination of Level of Care in Certain Cases
Provides that the Indian Health Services or a 638 tribal health facility must determine the appropriate level of care for children referred for treatment when Indian Health Services funds or funds of a tribally owned facility funded under the Indian Self-Determination and Education Assistance Act are used.
Amends Minn. Stat. § 245.4885, subd. 1

VII. INTERSTATE COMPACT FOR JUVENILES
Chapter 378 (SF 2891)
Adds Minn. Stat. § 260.515
Effective August 1, 2010, or upon ratification in 35 states, whichever occurs first

Adopts new Interstate Compact for Juveniles (Interstate Compact) to address tracking and supervision of juveniles who cross state lines, including children who: (1) were on probation and wrongfully left the state; and (2) have run away from home across state lines.

A. Purposes
Lists as purposes of the Interstate Compact to:

• Ensure that juveniles in a receiving state receive supervision and services ordered by a judge in a sending state;
• Ensure the safety of public citizens in both the sending and receiving states;
• Return juveniles who have escaped or fled, or who have been accused of a new offense in another state;
• Make agreements for cooperative institutionalization;
• Provide effective tracking and supervision of juveniles;
• Equitably allocate costs, benefits and obligations of compact states and coordinate education and training for officials;
• Establish procedures to manage movement of juveniles released into the community across state lines, including resolution of pending charges; and
• Coordinate with other laws regarding juveniles.

Adds Minn. Stat. § 260.515, Article I

B. Definition of "Juvenile"
Includes a series of subdefinitions, "accused delinquent," "adjudicated delinquent," "accused status offender," "adjudicated status offender" - that extend jurisdiction over persons whose offenses, if committed by an adult would be a crime. Includes a subdefinition of "nonoffender," which extends jurisdiction to a person who has been neither accused nor adjudicated of any offense, but who is in need of supervision.
Adds Minn. Stat. § 260.515, Article II

C. Interstate Commission

1. Establishment and Structure
Establishes an Interstate Commission for Juveniles (Interstate Commission), which constitutes the governing body over the Compact.
Adds Minn. Stat. § 260.515, Article III

2. Powers and Duties
Grants the Interstate Commission broad powers and duties, including: (1) resolving disputes among compact states; (2) promulgating binding rules; (3) enforcing compact provisions; (4) reporting annually to states; (5) coordinating education and training activities; and (6) establishing uniform data reporting, collection and dissemination methods. Permits the Interstate Commission to sue and be sued.
Adds Minn. Stat. § 260.515, Article IV

3. Rulemaking Functions

a. Conformance with Model Act
Requires conformance with the Model State Administrative Procedures Act and due process requirements, including notice and comment requirements for any proposed rule, informal hearings, and United States District Court judicial review.

b. Nullification of Rules
Provides that rules: (1) are set aside if found by the court to be unsupported by substantial record evidence; or (2) become null and void in all compacting states if rejected by a majority of compact states' legislatures.

Adds Minn. Stat. § 260.515, Article VI

4. Oversight, Enforcement and Dispute Resolution
Requires the Interstate Commission to oversee the administration and operations of the interstate movement of juveniles. Requires courts in each compacting state to enforce and take judicial notice of the Interstate Compact and its rules. Grants the Interstate Commission the right to intervene in any judicial or administrative proceeding affecting the Commission's power, responsibility, or actions.
Adds Minn. Stat. § 260.515, Article VII

D. State Advisory Council

1. Establishment and Functions
Mandates establishment of State Advisory Council to: (1) oversee Minnesota's participation in the Interstate Compact; (2) advocate with respect to the state's participation in the Interstate Compact; and (3) develop policy for operations and procedures of using the Interstate Compact within Minnesota.

2. Membership
Designates members of the State Advisory Council, including, among others: (1) Governor; (2) Chief Justice of the Minnesota Supreme Court; (3) two State Senators (one from each party); (4) two State Representatives (one from each party); (5) DHS; (6) the state Compact Administrator (designated as Commissioner of the Department of Public Safety); (7) the DPS's Office of Justice Programs; and (8) other members appointed by the Department of Corrections.
Adds Minn. Stat. § 260.515, Article IX

E. Withdrawal, Default, Termination, and Enforcement

1. Withdrawal
Permits a state to withdraw from the Interstate Compact by repealing the state statute.

2. Default
Permits the Interstate Commission, after a determination that a state has defaulted in its obligations under the Interstate Compact, to: (1) require training; (2) require alternative dispute resolution; (3) levy penalties or fines; and (4) suspend or terminate a state's Interstate Compact membership.

3. Enforcement
Grants the Interstate Commission the authority to initiate an action in United States District Court to enforce the Interstate Compact or Interstate Commission rules.

Adds Minn. Stat. § 260.515, Article XI

F. Statutory Conflicts
Provides that conflicting state laws (not including the State Constitution) are superseded by the Interstate Compact. Permits, upon request of a party, the Interstate Commission to issue advisory opinions concerning the meaning or interpretation of the Commission's actions.
Adds Minn. Stat. § 260.515, Article XIII

VIII. JUVENILE SCREENING TEAMS FOR AMERICAN INDIAN CHILDREN
Chapter 303, Section 7 (SF 2912)
Amends Minn. Stat. § 260C.157, subd. 3
Effective August 1, 2010

Requires the social services agency to determine: (1) whether a child is an Indian child; (2) determine the identity of the Indian child's tribe; and (3) include a designated representative of the Indian child's tribe, unless the child's tribal authority declines to appoint a representative.

IX. PURCHASE OF AUTOMOBILE INSURANCE BY MINORS
Chapter 278 (HF 2879)
Adds Minn. Stat. § 65B.136
Effective April 27, 2010

Permits a minor authorized under Minn. Stat. § 168.101, subd. 1, to own an automobile to purchase automobile insurance, and provides that the contract is fully binding on the minor on the same basis as if the minor were an adult.

X. SHELTER CARE FOR RUNAWAYS
Chapter 281, Section 3 (HF 3391)
Amends Minn. Stat. § 260C.175, subd. 1
Effective August 1, 2010

Adds "a shelter care facility" as one of the places an officer may take a runaway taken into immediate custody.

XI. UNIFORM PROBATE CODE
Chapter 334, Sections 5 - 13 (SF 2527)
Amends Minn. Stat. §§ 524.1-201; and 524.2-114
Adds Minn. Stat. §§ 524.2-116 - 2.122
Effective:
With respect to the rights of successors of decedents dying on or after August 1, 2010
With respect to any instruments executed before August 1, 2010, unless there is a clear indication of contrary intent in the instrument

Makes changes to the Uniform Probate Code relative to inheritance from children or bequests to children.

A Definitions

1. Updated Terminology
Adds definitions to reflect modern familial relationships and birthing techniques, including, among other terms: (1) "assisted reproduction"; (2) "birth mother"; (3) "functioned as the parent of the child" (4) "genetic parent"; (5) "gestational agreement"; (6) "intended parent"; and (7) third- party donor."
Amends Minn. Stat. § 524.1-201

2. "Incapacity"
Defines "incapacity" to mean the "inability of an individual to function as a parent of a child because of the individual's physical or mental condition."
Adds Minn. Stat. § 524.1-201

B. Adoptions

1. Child/Adopting Parents Relationship
Provides that the parent-child relationship is between the child and the adopting parent(s).
Adds Minn. Stat. § 524.2-119

2. Child/Stepparent Relationship
Provides that the parent-child relationship where a child is adopted by the spouse of either genetic parent is between child and the genetic parent whose spouse adopted the child. Further provides that a parent-child relationship exists for inheritance purposes only with other genetic parent if the other genetic parent is deceased.
Adds Minn. Stat. § 524.2-119

C. Assisted Reproduction
Provides rules for intestate succession in cases of assisted reproduction.
Adds Minn. Stat. § 524.2-120

D. Gestational Agreements/Equitable Adoption
Clarifies that the Uniform Probate Code does not affect: (1) other state law regarding gestational agreements; or (2) the doctrine of equitable adoption.
Adds Minn. Stat. § 524.2-121 (Gestational agreements)
Adds Minn. Stat. § 524.2-122 (Equitable adoption)

E. Prohibition on Inheritance/Termination of Parental Rights
Bars a parent from inheriting from or through a deceased child if: (1) the parent has had parental rights terminated; (2) by a showing of clear and convincing evidence, the parent, immediately before the child's death, could have had parental rights terminated.
Amends Minn. Stat. § 524.2-114