| Minn. Stat. § 260B.007
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260B. Delinquency
General
Provisions
260B.007. Definitions
Subdivision
1. Scope. As
used in this chapter, the terms defined in this section have the same
meanings given to them.
Subd.
2. Agency.
"Agency" means the local social services agency or a licensed
child-placing agency.
Subd.
3. Child. "Child"
means an individual under 18 years of age and includes any minor alleged
to have been delinquent or a juvenile traffic offender prior to having
become 18 years of age.
Subd.
4. Child-placing agency.
"Child-placing agency" means anyone licensed under sections
245A.01 to 245A.16 and 252.28, subdivision 2.
Subd.
5. Court. "Court"
means juvenile court unless otherwise specified in this section.
Subd.
6. Delinquent child.
(a) Except as otherwise provided in paragraph (b), "delinquent child"
means a child:
(1)
who has violated any state or local law, except as provided in section
260B.225, subdivision 1, and except for juvenile offenders as described
in subdivisions 16 to 18;
(2)
who has violated a federal law or a law of another state and whose case
has been referred to the juvenile court if the violation would be an act
of delinquency
if committed in this state or a crime or offense if committed by an adult;
(3)
who has escaped from confinement to a state juvenile correctional facility
after being committed to the custody of the commissioner of corrections;
or
(4)
who has escaped from confinement to a local juvenile correctional facility
after being committed to the facility by the court.
(b)
The term delinquent child does not include a child alleged to have committed
murder in the first degree after becoming 16 years of age, but the term
delinquent child does include a child alleged to have committed attempted
murder in the first degree.
Subd.
7. Foster care.
"Foster care" means the 24 hour a day care of a child in any
facility which for gain or otherwise regularly provides one or more children,
when unaccompanied by their parents, with a substitute for the care, food,
lodging, training, education, supervision or treatment they need but which
for any reason cannot be furnished by their parents or legal guardians
in their homes.
Subd.
8. Legal custody.
"Legal custody" means the right to the care, custody, and control
of a child who has been taken from a parent by the court in accordance
with the provisions of sections 260B.198 and 260B.235. The expenses of
legal custody are paid in accordance with the provisions of section 260B.331.
Subd.
9. Minor. "Minor"
means an individual under 18 years of age.
Subd.
10. Parent.
"Parent" means the birth or adoptive parent of a minor. For
an Indian child, parent includes any Indian person who has adopted a child
by tribal law or custom, as provided in section 260.755, subdivision 14.
Subd.
11. Person.
"Person" includes any individual, association, corporation,
partnership, and the state or any of its political subdivisions, departments,
or agencies.
Subd.
12. Relative.
"Relative" means a parent, stepparent, grandparent, brother,
sister, uncle, or aunt of the minor. This relationship may be by blood
or marriage. For an Indian child, relative includes members of the extended
family as defined by the law or custom of the Indian child's tribe or,
in the absence of laws or custom, nieces, nephews, or first or second
cousins, as provided in the Indian Child Welfare Act of 1978, United States
Code, title 25, section 1903.
Subd.
13. Custodian.
"Custodian" means any person who is under a legal obligation
to provide care and support for a minor or who is in fact providing care
and support for a minor. This subdivision does not impose upon persons
who are not otherwise legally responsible for providing a child with necessary
food, clothing, shelter, education, or medical care a duty to provide
that care.
For an Indian child, custodian means any Indian person who has legal custody
of an Indian child under tribal law or custom or under state law or to
whom temporary physical care, custody, and control has been transferred
by the parent of the child, as provided in section 260.755, subdivision
11.
Subd.
14. Secure detention facility.
"Secure detention facility" means a physically restricting facility,
including but not limited to a jail, a hospital, a state institution,
a residential treatment center, or a detention home used for the temporary
care of a child pending court action.
Subd.
15. Shelter care facility.
"Shelter care facility" means a physically unrestricting facility,
such as, but not limited to, a hospital, a group home, or a licensed facility
for foster care, used for the temporary care of a child pending court
action.
Subd.
16. Juvenile petty offender; juvenile petty offense.
(a) "Juvenile petty offense" includes a juvenile alcohol offense,
a juvenile controlled substance
offense, a violation of section 609.685, or a violation of a local ordinance,
which by its terms prohibits conduct by a child under the age of 18 years
which would be lawful conduct if committed by an adult.
(b)
Except as otherwise provided in paragraph (c), "juvenile petty offense"
also includes an offense that would be a misdemeanor if committed by an
adult.
(c)
"Juvenile petty offense" does not include any of the following:
(1)
a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;
(2)
a major traffic offense or an adult court traffic offense, as described
in section 260B.225;
(3)
a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor,
or felony offense; or
(4)
a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense
on two or more prior occasions, unless the county attorney designates
the child on the petition as a juvenile petty offender notwithstanding
this prior record. As used in this clause, "misdemeanor-level juvenile
petty offense" includes a misdemeanor-level offense that would have
been a juvenile petty offense if it had been committed on or after July
1, 1995.
(d)
A child who commits a juvenile petty offense is a "juvenile petty
offender."
Subd.
17. Juvenile alcohol offense.
"Juvenile alcohol offense" means a violation
by a child of any provision of section 340A.503 or an equivalent local
ordinance.
Subd.
18. Juvenile controlled substance offense.
"Juvenile controlled substance offense" means a violation by
a child of section 152.027, subdivision 4, with respect to a small amount
of marijuana or an equivalent local ordinance.
Subd.
19. Indian.
"Indian," consistent with section 260.755, subdivision 7, means
a person who is a member of an Indian tribe or who is an Alaskan native
and a member of a regional corporation as defined in section 7 of the
Alaska Native Claims Settlement Act, United States Code, title 43, section
1606.
Subd.
20. Indian child.
"Indian child," consistent with section 260.755, subdivision
8, means an unmarried person who is under age 18 and is:
(1)
a member of an Indian tribe; or
(2)
eligible for membership in an Indian tribe.
CREDIT(S)
Laws 1999, c. 139, art.
2, § 3. Amended by Laws 2000, c. 260, § 33; Laws 2001, c. 7,
§ 52, eff. March 16, 2001; Laws 2001, c. 157, § 1, eff. Aug.
1, 2001; Laws 2002, c. 220, art. 6, § 10; Laws 2002, c. 314, §
2, eff. July 1, 2002; Laws 2005, c. 10, art. 1, § 59.
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