[Minn. § 260C.201, subd. 1(b) At least every 90 days as long as child is in foster care until there is permanency order Review Hearings At any review hearing: 1. 1(a). [Minn. (2) if either the parent or child has not complied with the terms of the continuance, the court shall adjudicate the child in need of protection or services or neglected and in foster care. § 260C.201, subd. The abusing party shall provide the court with a signed and notarized affidavit or proof of transfer as described in this section within two business days of the firearms transfer. When a foster child is colocated with a parent in a licensed residential family-based substance use disorder treatment program under section 260C.190, the case plan must specify the recommendation for the colocation before the child is colocated with the parent. § 260C.201, subd. 6(c)). If the court’s order for mental health treatment is based on a diagnosis made by a treatment professional, the court may order that the diagnosing professional not provide the treatment to the child if it finds that such an order is in the child’s best interests; or. 1, the agency and the parent must develop together Minn. Stat. If the court issues an order for protection pursuant to section 260C.201, subdivision 3, excluding an abusing party from the dwelling who is the parent of a minor family or household member, it shall transfer the case file to the court which has jurisdiction over proceedings under chapter 518 or 518A for the purpose of establishing support or maintenance for minor children or a spouse, as provided in chapter 518 or 518A, during the effective period of the order for protection. Any person who provides services to a child under a disposition order, or who is subject to the conditions of a disposition order, shall be served with a copy of the order in the manner provided in the rules for juvenile courts. The third party shall acknowledge in the affidavit that the third party may be held criminally and civilly responsible under section 624.7144 if the abusing party gains access to a transferred firearm while the firearm is in the custody of the third party. Minn. Stat. (c) The court may approve the case plan as presented or modify it after hearing from the parties. § 260C.301, subd. (a) If the court finds that the child is in need of protection or services or neglected and in foster care, it shall enter an order making any of the following dispositions of the case: (1) is abandoned or without parent, guardian, or custodian; (2)(i) has been a victim of physical or sexual abuse as defined in section 626. (d) In the case of a child adjudicated in need of protection or services because the child has committed domestic abuse and been ordered excluded from the child’s parent’s home, the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing to provide an alternative safe living arrangement for the child, as defined in Laws 1997, chapter 239, article 10, section 2. (a) If a child was taken into custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue in custody. However, before the order has expired and upon its own motion or that of any interested party, the court shall, after notice to the parties and a hearing, renew the order for another year or make some other disposition of the case, until the individual is no longer a minor. 260C.201: DISPOSITIONS; CHILDREN IN NEED OF PROTECTION OR SERVICES OR … 0000005550 00000 n If an abusing party permanently transfers the abusing party’s firearms to a law enforcement agency, the agency is not required to compensate the abusing party and may charge the abusing party a reasonable processing fee. §260C.201, subd. The agency shall file all affidavits or proofs of transfer received with the court within two business days of the transfer. If it is in the best interests of the child to do so and if the allegations contained in the petition have been admitted, or when a hearing has been held as provided in section 260C.163 and the allegations contained in the petition have been duly proven, before the entry of a finding of need for protection or services or a finding that a child is neglected and in foster care, the court may continue the case for a period not to exceed 90 days on any one order. Minn. Stat. Terms Used In Minnesota Statutes 260C.193. 0000001595 00000 n § 260C.201, subd. Justia US Law US Codes and Statutes Minnesota Code 2003 Minnesota Code Chapters 245 - 267 Public Welfare and Related Activities Chapter 260C Child Protection Section 260C.201 Dispositions; children who are in need of protection or services or neglected and in foster care. 0000000711 00000 n A transfer of legal and physical custody to a relative is a preferred option if a child cannot be returned to the home. STATEMENT OF THE CASE AND OF FACTS This is an appeal by the Guardian Ad Litem and Hennepin County from a decision of the Court of Appeals filed March 21, 2006 reversing the order of the If the child was under eight years of age at the time the petition was filed, the disposition order must be entered within ten days of the finding and the court may not grant a delay unless good cause is shown and the court finds the best interests of the child will be served by the delay. A law enforcement agency may establish policies for disposal of abandoned firearms, provided such policies require that the abusing party be notified via certified mail prior to disposal of abandoned firearms. Section 62Q.535 applies to an order for mental health services directed to the child’s health plan company. Joint Legislative Offices Revisor of Statutes Legislative Reference Library 2011 Minnesota Statutes Chapters 245 - 267 — Public Welfare and Related Activities Chapter 260C — Child Protection Section 260C.301 — Termination of Parental Rights Read Section 260E.03 - DEFINITIONS, Minn. Stat. 260C.007 (1999) (Definitions Related to Child Protection Provisions of the Juvenile Court Act). 1 Minn. Stat. In the event a trial home visit is terminated by the agency by removing the child to foster care without prior court order or authorization, the court shall conduct a hearing within ten days of receiving notice of the termination of the trial home visit by the agency and shall order disposition under this subdivision or commence permanency proceedings under sections 260C.503 to 260C.515. ",���bb@�@�A�ܕO��V:����d�?�;��\)��������6���N�j0V��뜮T�!Pl�����#��؞�:��-�?0T��N�)��!��iU|�s����L�9�����ě�ש�(��_�ɕ�P �&g��h��I�Y��M��L����>��yw����gw The local law enforcement agency shall, upon written notice from the abusing party, transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully receive them. 0000005697 00000 n 30. § 260C.212, subd. :NzY4��v��>(2���$'�o�w�%9���mP��ș33g.�ȜY�q�H�qX��9 �Ϭ�"�IF~L��3[�)Z}$ m��ޯyh/���'$+�zv���7�'���K�+]�G���bNs���t���NVf�&��_|؛��?AV�W6O����w���RQ��akH܂c̀[��]�sZ��$�hj�נ.�{���S����[�/�l�4�� 0000000969 00000 n aT,��\7��ђ���dѩ'IV��k�\���/=��p�9�(�hK���Ob"��OS�Hi��q.�\�1�q�A�n�A"W�}�9�C��5�+�vy�� q^�I�/a�*"7���-���,`3>�8[4�*JIf�KF..����ҙ�� v�����F�7.~���H`1���\��1כ�Q�,�I!ݺ^O�h�r���|�h��d��! § 260E.03, see flags on bad law, and search Casetext’s comprehensive legal database (a) An agency with legal responsibility for a child under section 260C.178, subdivision 1, paragraph (c), or legal custody of a child under section 260C.201, subdivision 1, paragraph (a), clause (3), may colocate a child with a parent who is receiving services in a licensed residential family-based substance use disorder treatment program for up to 12 months. Minn. Stat. If a CHIPS, TPR or Permanency trial needs to occur, it may be conducted through a remote hearing process, ideally through video conference, but if that is not possible, then testimony may be taken by telephone under the court rules. Agency: means the responsible social services agency or a licensed child-placing agency.See Minnesota Statutes 260C.007; Case plan: means any plan for the delivery of services to a child and parent or guardian, or, when reunification is not required, the child alone, that is developed according to the requirements of section 245. See Minn. Stat. § 260C.201, subd. If the court orders the child into foster care, the court shall review and either modify or approve the agency’s plan for supervised or unsupervised visitation that contributes to the objectives of the court-ordered case plan and the maintenance of the familial relationship, and that meets the requirements of section 260C.212, subdivision 1, paragraph (c), clause (5). 0000005663 00000 n 11(b) (2000). As authorized by Minn.Stat. The court’s findings must include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of removal or that reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1; (ii) to identify and locate any noncustodial or nonresident parent of the child and to assess such parent’s ability to provide day-to-day care of the child, and, where appropriate, provide services necessary to enable the noncustodial or nonresident parent to safely provide day-to-day care of the child as required under section 260C.219, unless such services are not required under section 260.012 or 260C.178, subdivision 1; (iii) to make the diligent search for relatives and provide the notices required under section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the agency has made diligent efforts to conduct a relative search and has appropriately engaged relatives who responded to the notice under section 260C.221 and other relatives, who came to the attention of the agency after notice under section 260C.221 was sent, in placement and case planning decisions fulfills the requirement of this item; (iv) to identify and make a foster care placement in the home of an unlicensed relative, according to the requirements of section 245A.035, a licensed relative, or other licensed foster care provider who will commit to being the permanent legal parent or custodian for the child in the event reunification cannot occur, but who will actively support the reunification plan for the child; and, (v) to place siblings together in the same home or to ensure visitation is occurring when siblings are separated in foster care placement and visitation is in the siblings’ best interests under section 260C.212, subdivision 2, paragraph (d); and. 11(d) (2004). Subject to sections 260C.202 and 260C.503 to 260C.521, all orders under this section shall be for a specified length of time set by the court not to exceed one year. (1) place the child under the protective supervision of the responsible social services agency or child-placing agency in the home of a parent of the child under conditions prescribed by the court directed to the correction of the child’s need for protection or services: (i) the court may order the child into the home of a parent who does not otherwise have legal custody of the child, however, an order under this section does not confer legal custody on that parent; (ii) if the court orders the child into the home of a father who is not adjudicated, the father must cooperate with paternity establishment proceedings regarding the child in the appropriate jurisdiction as one of the conditions prescribed by the court for the child to continue in the father’s home; and, (iii) the court may order the child into the home of a noncustodial parent with conditions and may also order both the noncustodial and the custodial parent to comply with the requirements of a case plan under subdivision 2; or. 12) should be used to settle as many cases as possible without going to trial. (a) For each disposition ordered where the child is placed away from a parent or guardian, the court shall order the responsible social services agency to prepare a written out-of-home placement plan according to the requirements of section 260C.212, subdivision 1. If the law enforcement agency does not receive written notice from the abusing party within three business days, the agency may charge a reasonable fee to store the abusing party’s firearms. A temporary transfer does not transfer ownership or title. The time period for the hearing may be extended by the court for good cause shown and if it is in the best interests of the child as long as the total time the child spends in foster care without a permanency hearing does not exceed 12 months; (4) if the child has been adjudicated as a child in need of protection or services because the child is in need of special services or care to treat or ameliorate a physical or mental disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court may order the child’s parent, guardian, or custodian to provide it. (vi) shall prepare a report for the court when the trial home visit is terminated whether by the agency or court order which describes the child’s circumstances during the trial home visit and recommends appropriate orders, if any, for the court to enter to provide for the child’s safety and stability. Minn. Stat. 2(b) 3.02 “ACTIVE EFFORTS” The Indian Child Welfare Act (ICWA) provides that “Any party seeking the foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the 763 0 obj << /Linearized 1 /O 766 /H [ 969 648 ] /L 408622 /E 5935 /N 141 /T 393243 >> endobj xref 763 18 0000000016 00000 n Terms Used In Minnesota Statutes 260C.201. The return of temporarily transferred firearms to an abusing party shall comply with state and federal law. The court may order the child’s health plan company to provide mental health services to the child. (e) When a parent has complied with a case plan ordered under subdivision 6 and the child is in the care of the parent, the court may order the responsible social services agency to monitor the parent’s continued ability to maintain the child safely in the home under such terms and conditions as the court determines appropriate under the circumstances. LawServer is for purposes of information only and is no substitute for legal advice. Under Minn.Stat. A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and (e) as if accepting transfer from the abusing party. Stat., section 260C.201, subd. See Minnesota Statutes 260C.007. § 260C.201, subd. (1) who is placed away from the child's parent or guardian in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes; (2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or, (3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C. Child may be returned home if parent has made progress on case plan and mitigated ; Agency: means the responsible social services agency or a licensed child-placing agency. Read Section 260C.001 - TITLE, INTENT, AND CONSTRUCTION, Minn. Stat. If the court decides not to return the child home, it must order one of the dispositions listed in the governing statute, which includes permanently placing the child in the custody of a relative if that decision is in the child's best interests. 11. 1(a)(1) (2012). j��M���0~���C�3���C��~J�T덅�� 260C.221 RELATIVE SEARCH. (9) "day" comprises the time from midnight to the next midnight; (10) "fiscal year" means the year by or for which accounts are reckoned; (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect; (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect; (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal; (14) "minor" means an individual under the age of 18 years; (15) "money" means lawful money of the United States; (16) "night time" means the time from sunset to sunrise; (17) "non compos mentis" refers to an individual of unsound mind; (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision; (20) "verified" when used in reference to writings, means supported by oath or affirmation. 260C.201 (1999) (Dispositions; Child in Need of Protection or Services). (f) When a court issues an order containing a firearms restriction provided for in paragraph (d), the court shall determine by a preponderance of evidence if an abusing party poses an imminent risk of causing another person substantial bodily harm. 0000001617 00000 n (d) Upon terminating parental rights or upon a parent’s consent to adoption under Minnesota Statutes 2010, section 260C.201, subdivision 11, or section 260C.515, subdivision 5, resulting in an order for guardianship to the commissioner of human services, the court shall … 1 . The court shall review and either modify or approve the agency plan for visitation for any relatives as defined in section 260C.007, subdivision 26b or 27, and with siblings of the child, if visitation is consistent with the best interests of the child. Minn. Stat. Minn. Stat. (a) If the court finds that the child is a victim of domestic child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following dispositions of the case in addition to or as alternatives to the dispositions authorized under subdivision 1: (1) restrain any party from committing acts of domestic child abuse; (2) exclude the abusing party from the dwelling which the family or household members share or from the residence of the child; (3) on the same basis as is provided in chapter 518, establish temporary visitation with regard to minor children of the adult family or household members; (4) on the same basis as is provided in chapter 518 or 518A, establish temporary support or maintenance for a period of 30 days for minor children or a spouse; (5) provide counseling or other social services for the family or household members; or. § 260C.163, subd. 0000000896 00000 n (e) An abusing party who is ordered to transfer firearms under paragraph (d) must file proof of transfer as provided for in this paragraph.
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