| Minn. Stat. § 260C.178
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260C. Child Protection
Detention
260C.178. Emergency
removal hearing
Subdivision
1. Hearing and release requirements.
(a) If a child was taken into custody under section 260C.175, subdivision
1, clause (a) or (b)(2), 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.
(b)
Unless there is reason to believe that the child would endanger self or
others, not return for a court hearing, run away from the child's parent,
guardian, or custodian or otherwise not remain in the care or control
of the person to whose lawful custody the child is released, or that the
child's health or welfare would be immediately endangered, the child shall
be released to
the custody of a parent, guardian, custodian, or other suitable person,
subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as
provided in section 260C.157, subdivision 1. If the court determines there
is reason to believe that the child would endanger self or others; not
return for a court hearing; run away from the child's parent, guardian,
or custodian or otherwise not remain in the care or control of the person
to whose lawful custody the child is released; or that the child's health
or welfare would be immediately endangered, the court shall order the
child into foster care under the responsibility of the responsible social
services agency or responsible probation or corrections agency for the
purposes of protective care as that term is used in the juvenile court
rules. In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with
a perpetrator of domestic child abuse.
(c)
The court, before determining whether a child should be placed in or continue
in foster care under the protective care of the responsible agency, shall
also make a determination, consistent with section 260.012 as to whether
reasonable efforts were made to prevent placement or whether reasonable
efforts
to prevent placement are not required. In the case of an Indian child,
the court shall determine whether active efforts, according to the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent
placement when the agency establishes either:
(1)
that it has actually provided services or made efforts in an attempt to
prevent the child's removal but that such services or efforts have not
proven sufficient to permit the child to safely remain in the home; or
(2)
that there are no services or other efforts that could be made at the
time of the hearing that could safely permit the child to remain home
or to return home. When reasonable efforts to prevent placement are required
and there are services or other efforts that could be ordered which would
permit the child to safely return home, the court shall order the child
returned to the care of the parent or guardian and the services or efforts
put in place to ensure the child's safety. When the court makes a prima
facie determination that one of the
circumstances under paragraph (e) exists, the court shall determine that
reasonable efforts to prevent placement and to return the child to the
care of the parent or guardian are not required.
If the court finds the
social services agency's preventive or reunification efforts have not
been reasonable but further preventive or reunification efforts could
not permit the child to safely remain at home, the court may nevertheless
authorize or continue the removal of the child.
(d)
The court may not order or continue the foster care placement of the child
unless the court makes explicit, individualized findings that continued
custody of the child by the parent or guardian would be contrary to the
welfare of the child.
(e)
At the emergency removal hearing, or at any time during the course of
the proceeding, and upon notice and request of the county attorney, the
court shall determine whether a petition has been filed stating a prima
facie case that:
(1)
the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;
(2)
the parental rights of the parent to another child have been involuntarily
terminated;
(3)
the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);
(4)
the parents' custodial rights to another child have been involuntarily
transferred to a relative under section 260C.201, subdivision 11, paragraph
(e), clause (1), or a similar law of another jurisdiction; or
(5)
the provision of services or further services for the purpose of reunification
is futile and therefore unreasonable.
(f)
When a petition to terminate parental rights is required under section
260C.301, subdivision 3 or 4, but the county attorney has determined not
to proceed with a termination of parental rights petition, and has instead
filed a petition to transfer permanent legal and physical custody to a
relative under section 260C.201, subdivision 11, the court shall schedule
a permanency hearing within 30 days of the filing of the petition.
(g)
If the county attorney has filed a petition under section 260C.307, the
court shall schedule a trial under section 260C.163 within 90 days of
the filing of the petition except when the county attorney determines
that the criminal case shall proceed to trial first under section 260C.201,
subdivision 3.
(h)
If the court determines the child should be ordered into foster care and
the child's parent refuses to give information to the responsible social
services
agency regarding the child's father or relatives of the child, the court
may order the parent to disclose the names, addresses, telephone numbers,
and other identifying information to the responsible social services agency
for the purpose of complying with the requirements of sections 260C.151,
260C.212, and 260C.215.
(i)
If a child ordered into foster care has siblings, whether full, half,
or step, who are also ordered into foster care, the court shall inquire
of the responsible social services agency of the efforts to place the
children together as required by section 260C.212, subdivision 2, paragraph
(d), if placement together is in each child's best interests, unless a
child is in placement due solely to the child's own behavior or a child
is placed with a previously noncustodial parent who is not parent to all
siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's efforts
to place the siblings together. If any sibling is not placed with another
sibling or siblings, the agency must develop a plan for visitation among
the siblings as required under section 260C.212, subdivision 1.
Subd.
2. Deleted by amendment, Laws 2005, c. 159, art. 2, § 15.
Subd.
3. Parental visitation.
If a child has been taken into custody under section 260C.151, subdivision
5, or 260C.175, subdivision 1, clause (b)(2), and the court determines
that the child should continue in foster care, the court shall include
in its order reasonable rules for supervised or unsupervised parental
visitation of the child in the foster care facility unless it finds that
visitation would endanger the child's physical or emotional well-being.
Subd.
4. Mental health treatment.
(a) Except as provided in paragraph (b), a child who is ordered placed
in foster care as an alleged victim of child abuse as defined in section
630.36, subdivision 2, may not be given mental health treatment specifically
for the effects of the alleged abuse until the court finds that there
is a prima facie basis to believe the abuse has occurred.
(b)
A child described in paragraph (a) may be given mental health treatment
prior to a prima facie finding of child abuse if the treatment is either
agreed to by the child's parent or guardian in writing, or ordered by
the court according to the standard contained in section 260C.201, subdivision
1.
Subd.
5. Copies of order.
Copies of the court's order shall be served upon the parties, including
the placement facility, which shall release the child or continue to hold
the child as the court orders.
When the court's order
is served upon these parties, notice shall also be given to the parties
of the subsequent reviews provided by subdivision 6.
Subd.
6. Review.
When a child is placed in foster care, the child's placement shall be
periodically reviewed as required under the juvenile court rules including
notice to the parties required to be served with a copy of the order under
subdivision 4.
A
hearing shall be held at the request of any one of the parties notified
pursuant to subdivision 5, if that party notifies the court of a wish
to present to the court new evidence concerning whether the child should
be continued in detention or notifies the court of a wish to present an
alternate placement arrangement to provide for the safety and protection
of the child.
In addition, if a child
was taken into custody under section 260C.151, subdivision 5, or 260C.175,
subdivision 1, clause (c)(2), and is placed in foster care or placed in
another facility under a court order issued under subdivision 2, the court
shall schedule and hold an adjudicatory hearing on the petition within
60 days of the emergency removal hearing upon the request of any party
to the proceeding. However, if good cause is shown by a party to the proceeding
why the hearing should not be held within that time period, the hearing
shall be held within 90 days, unless the parties agree otherwise and the
court so orders.
Subd.
7. Out-of-home placement plan.
(a) An out-of-home placement plan required
under section 260C.212 shall be filed with the court within 30 days of
the filing of a petition alleging the child to be in need of protection
or services under section 260C.141, subdivision 1, or filed with the petition
if the petition is a review of a voluntary placement under section 260C.141,
subdivision 2.
(b)
Upon the filing of the out-of-home placement plan which has been developed
jointly with the parent and in consultation with others as required under
section 260C.212, subdivision 1, the court may approve implementation
of the plan by the responsible social services agency based on the allegations
contained in the petition. The court shall send written notice of the
approval of the out-of-home placement plan to all parties and the county
attorney or may state such approval on the record at a hearing. A parent
may agree to comply with the terms of the plan filed with the court.
(c)
The responsible social services agency shall make reasonable attempts
to engage a parent in case planning. If the parent refuses to cooperate
in the development of the out-of-home placement plan or disagrees with
the services recommended
by the responsible social service agency, the agency shall note such refusal
or disagreement for the court in the out-of-home placement plan filed
with the court. The agency shall notify the court of the services it will
provide or efforts it will attempt under the plan notwithstanding the
parent's refusal to cooperate or disagreement with the services. The parent
may ask the court to modify the plan to require different or additional
services requested by the parent, but which the agency refused to provide.
The court may approve the plan as presented by the agency or may modify
the plan to require services requested by the parent. The court's approval
shall be based on the content of the petition.
(d)
Unless the parent agrees to comply with the terms of the out-of-home placement
plan, the court may not order a parent to comply with the provisions of
the plan until the court finds the child is in need of protection or services
and orders disposition under section 260C.201, subdivision 1. However,
the court may find that the responsible social services agency has made
reasonable efforts for reunification if the agency makes efforts to implement
the terms of an out-of-home placement plan approved under this section.
CREDIT(S)
Laws 1999, c. 139, art.
3, § 19. Amended by Laws 1999, c. 139, art. 4, § 2; Laws 2000,
c. 260, § 38; Laws 2001, c. 178, art. 1, §§ 13, 14, 44;
Laws 2005, c. 159, art. 2, § 15.
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