| Minn. Stat. § 260C.007
Minnesota Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260C. Child Protection
General
Provisions
260C.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 responsible social services agency or a licensed
child-placing agency.
Subd.
3. Case plan.
"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 245.4871,
subdivision 19 or 21; 245.492, subdivision 16; 256B.092; 260C.212, subdivision
1; or 626.556, subdivision 10.
Subd.
4. Child. "Child"
means an individual under 18 years of age.
Subd.
5. Child abuse.
"Child abuse" means an act that involves a minor victim and
that constitutes a violation of section 609.221, 609.222, 609.223, 609.224,
609.2242, 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377,
609.378, 617.246, or an act committed in another state that involves a
minor victim and would constitute a violation of one of these sections
if committed in this state.
Subd.
6. Child in need of protection or services.
"Child in need of protection or services" means a child who
is in need of protection or services because the child:
(1)
is abandoned or without parent, guardian, or custodian;
(2)(i)
has been a victim of physical or sexual abuse, (ii) resides with or has
resided with a victim of domestic child abuse as defined in subdivision
5, (iii) resides with or would reside with a perpetrator of domestic child
abuse or child abuse as defined in subdivision 5, or (iv) is a victim
of emotional maltreatment as defined in subdivision 8;
(3)
is without necessary food, clothing, shelter, education, or other required
care for the child's physical or mental health or morals because the child's
parent, guardian, or custodian is unable or unwilling to provide that
care;
(4)
is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable
or unwilling to provide that care, including a child in voluntary placement
due solely to the child's developmental disability or emotional disturbance;
(5)
is medically neglected, which includes, but is not limited to, the withholding
of medically indicated treatment from a disabled infant with a life-threatening
condition. The term "withholding of medically indicated treatment"
means the failure to respond to the infant's life-threatening conditions
by providing treatment, including appropriate nutrition, hydration, and
medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating
or correcting all conditions, except that the term does not include the
failure to provide treatment other than appropriate nutrition, hydration,
or medication to an infant when, in the treating physician's or physicians'
reasonable medical judgment:
(i)
the infant is chronically and irreversibly comatose;
(ii)
the provision of the treatment would merely prolong dying, not be effective
in ameliorating or correcting all of the infant's life-threatening conditions,
or otherwise be futile in terms of the survival of the infant; or
(iii)
the provision of the treatment would be virtually futile in terms of the
survival of the infant and the treatment itself under the circumstances
would be inhumane;
(6)
is one whose parent, guardian, or other custodian for good cause desires
to be relieved of the child's care and custody, including a child in placement
according to voluntary release by the parent under section 260C.212, subdivision
8;
(7)
has been placed for adoption or care in violation of law;
(8)
is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or
other
custodian;
(9)
is one whose behavior, condition, or environment is such as to be injurious
or dangerous to the child or others. An injurious or dangerous environment
may include, but is not limited to, the exposure of a child to criminal
activity in the child's home;
(10)
is experiencing growth delays, which may be referred to as failure to
thrive, that have been diagnosed by a physician and are due to parental
neglect;
(11)
has engaged in prostitution as defined in section 609.321, subdivision
9;
(12)
has committed a delinquent act or a juvenile petty offense before becoming
ten years old;
(13)
is a runaway;
(14)
is a habitual truant;
(15)
has been found incompetent to proceed or has been found not guilty by
reason of mental illness or mental deficiency in connection with a delinquency
proceeding, a certification under section 260B.125, an extended jurisdiction
juvenile prosecution, or a proceeding involving a juvenile petty offense;
or
(16)
has been found by the court to have committed domestic abuse perpetrated
by a minor under Laws 1997, chapter 239, article 10, sections 2 to 26,
has been ordered excluded from the child's parent's home by an order for
protection/minor respondent, and the parent or guardian is either unwilling
or unable to provide an alternative safe living arrangement for the child.
Subd.
7. Child-placing agency.
"Child-placing agency" means anyone licensed under sections
245A.01 to 245A.16 and 252.28, subdivision 2.
Subd.
8. Compelling reasons.
"Compelling reasons" means an individualized determination by
the responsible social services agency, which is approved by the court,
related to a request by the agency not to initiate proceedings to terminate
parental rights or transfer permanent legal and physical custody of a
child to the child's relative or former noncustodial parent under section
260C.301, subdivision 3.
Subd.
9. Court. "Court"
means juvenile court unless otherwise specified in this section.
Subd.
10. 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 10.
Subd.
11. Delinquent child.
"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 19 and 28; or
(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.
Subd.
12. Developmental disability.
"Developmental disability" means developmental disability as
defined in United States Code, title 42, section 6001(8).
Subd.
13. Domestic child abuse.
"Domestic child abuse" means:
(1)
any physical injury to a minor family or household member inflicted by
an adult family or household member other than by accidental means; or
(2)
subjection of a minor family or household member by an adult family or
household member to any act which constitutes a violation of sections
609.321 to 609.324, 609.342, 609.343, 609.344, 609.345, or 617.246.
Subd.
14. Egregious harm.
"Egregious harm" means the infliction of bodily harm to a child
or neglect of a child which demonstrates a grossly inadequate ability
to provide minimally adequate parental care. The egregious harm need not
have occurred in the state or in the county where a termination of parental
rights action is otherwise properly venued. Egregious harm includes, but
is not limited to:
(1)
conduct towards a child that constitutes a violation of sections 609.185
to 609.21, 609.222, subdivision 2, 609.223, or any other similar law of
any other state;
(2)
the infliction of "substantial bodily harm" to a child, as defined
in section 609.02, subdivision 7a;
(3)
conduct towards a child that constitutes felony malicious punishment of
a child under section 609.377;
(4)
conduct towards a child that constitutes felony unreasonable restraint
of a child under section 609.255, subdivision 3;
(5)
conduct towards a child that constitutes felony neglect or endangerment
of a child under section 609.378;
(6)
conduct towards a child that constitutes assault under section 609.221,
609.222, or 609.223;
(7)
conduct towards a child that constitutes solicitation, inducement, or
promotion of, or receiving profit derived from prostitution under section
609.322;
(8)
conduct towards a child that constitutes murder or voluntary manslaughter
as defined by United States Code, title 18, section 1111(a) or 1112(a);
(9)
conduct towards a child that constitutes aiding or abetting, attempting,
conspiring, or soliciting to commit a murder or voluntary manslaughter
that constitutes a violation of United States Code, title 18, section
1111(a) or 1112(a); or
(10)
conduct toward a child that constitutes criminal sexual conduct under
sections 609.342 to 609.345.
Subd.
15. Emotional maltreatment.
"Emotional maltreatment" means the consistent, deliberate infliction
of mental harm on a child by a person responsible for the child's care,
that has an observable, sustained, and adverse effect on the child's physical,
mental, or emotional development. "Emotional maltreatment" does
not include reasonable training or discipline administered by the person
responsible for the child's care or the reasonable exercise of authority
by that person.
Subd.
16. Emotionally disturbed.
"Emotionally disturbed" means emotional disturbance as described
in section 245.4871, subdivision 15.
Subd.
17. Family or household members.
"Family or household members" means spouses, former spouses,
parents and children, persons related by blood, and persons who are presently
residing together or who have resided together in the past, and persons
who have a child in common regardless of whether they have been married
or have lived together at any time.
Subd.
18. Foster care.
"Foster care" means 24 hour substitute care for children placed
away from their parents or guardian and for whom a responsible social
services agency has placement and care responsibility. "Foster care"
includes, but is not limited to, placement in foster family homes, foster
homes of relatives, group homes, emergency shelters, residential facilities
not excluded in this subdivision, child care institutions, and proadoptive
homes. A child is in foster care under this definition regardless of whether
the facility is licensed and payments are made for the cost of care. Nothing
in this
definition creates any authority to place a child in a home or facility
that is required to be licensed which is not licensed. "Foster care"
does not include placement in any of the following facilities: hospitals,
in-patient chemical dependency treatment facilities, facilities that are
primarily for delinquent children, any corrections facility or program
within a particular correction's facility not meeting requirements for
Title IV-E facilities as determined by the commissioner, facilities to
which a child is committed under the provision of chapter 253B, forestry
camps, or jails.
Subd.
19. Habitual truant.
"Habitual truant" means a child under the age of 16 years who
is absent from attendance at school without lawful excuse for seven school
days if the child is in elementary school or for one or more class periods
on seven school days if the child is in middle school, junior high school,
or high school, or a child who is 16 or 17 years of age who is absent
from attendance at school without lawful excuse for one or more class
periods on seven school days and who has not lawfully withdrawn from school
under section 120A.22, subdivision 8.
Subd.
20. 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.
21. 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.
Subd.
22. 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 section 260C.201 or 260C.317. The expenses of legal
custody are paid in accordance with the provisions of section
260C.331.
Subd.
23. Minor.
"Minor" means an individual under 18 years of age.
Subd.
24. Neglected and in foster care.
"Neglected and in foster care" means a child
(a)
Who has been placed in foster care by court order; and
(b)
Whose parents' circumstances, condition, or conduct are such that the
child cannot be returned to them; and
(c)
Whose parents, despite the availability of needed rehabilitative services,
have failed to make reasonable efforts to adjust their circumstances,
condition or conduct, or have willfully failed to meet reasonable expectations
with regard
to visiting the child or providing financial support for the child.
Subd.
25. 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.
26. Person.
"Person" includes any individual, association, corporation,
partnership, and the state or any of its political subdivisions, departments,
or agencies.
Subd.
27. Relative.
"Relative" means a person related to the child by blood, marriage,
or adoption, or an individual who is an important friend with whom the
child has resided or had significant contact. 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 law 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.
28. Runaway.
"Runaway" means an unmarried child under the age of 18 years
who is absent from the home of a parent or other lawful placement without
the consent of the parent, guardian, or lawful custodian.
Subd.
29. 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.
30. 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.
CREDIT(S)
Laws 1999, c. 139, art.
3, § 2. Amended by Laws 1999, c. 139, art. 4, § 2; Laws 2000,
c. 260, § 34; Laws 2001, c. 73, § 1; Laws 2001, c. 178, art.
1, §§ 5 to 10, 44; Laws 2003, c. 2, art. 1, § 26; Laws
2003, 1st Sp., c. 14, art. 11, § 11; Laws 2004, c. 288, art. 3, §
28; Laws 2005, c. 159, art. 2, § 13.
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