Bill Text: MN HF2206 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Juvenile treatment screening team timeline modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-03 - Committee report, to adopt and re-refer to Health and Human Services Policy [HF2206 Detail]
Download: Minnesota-2013-HF2206-Introduced.html
1.2relating to juvenile protection; modifying timeline for juvenile treatment
1.3screening teams to screen juveniles;amending Minnesota Statutes 2012, section
1.4260C.157, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to
1.7read:
1.8 Subd. 3. Juvenile treatment screening team. (a) The responsible social services
1.9agency shall establish a juvenile treatment screening team to conduct screenings and
1.10prepare case plans under this chapter, chapter 260D, and section245.487 , subdivision 3.
1.11Screenings shall be conducted within15 ten days of a request for a screening. The team,
1.12which may be the team constituted under section245.4885 or
256B.092 or Minnesota
1.13Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
1.14professionals, persons with expertise in the treatment of juveniles who are emotionally
1.15disabled, chemically dependent, or have a developmental disability, and the child's parent,
1.16guardian, or permanent legal custodian under Minnesota Statutes 2010, section260C.201,
1.17subdivision 11 , or section
260C.515, subdivision 4 . The team may be the same team as
1.18defined in section260B.157, subdivision 3 .
1.19(b) The social services agency shall determine whether a child brought to its
1.20attention for the purposes described in this section is an Indian child, as defined in section
1.21260C.007, subdivision 21
, and shall determine the identity of the Indian child's tribe, as
1.22defined in section260.755, subdivision 9 . When a child to be evaluated is an Indian child,
1.23the team provided in paragraph (a) shall include a designated representative of the Indian
1.24child's tribe, unless the child's tribal authority declines to appoint a representative. The
2.1Indian child's tribe may delegate its authority to represent the child to any other federally
2.2recognized Indian tribe, as defined in section260.755, subdivision 12 .
2.3(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
2.4(1) for the primary purpose of treatment for an emotional disturbance, a
2.5developmental disability, or chemical dependency in a residential treatment facility out
2.6of state or in one which is within the state and licensed by the commissioner of human
2.7services under chapter 245A; or
2.8(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
2.9postdispositional placement in a facility licensed by the commissioner of corrections or
2.10human services, the court shall ascertain whether the child is an Indian child and shall
2.11notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
2.12child's tribe. The county's juvenile treatment screening team must either: (i) screen and
2.13evaluate the child and file its recommendations with the court within 14 days of receipt
2.14of the notice; or (ii) elect not to screen a given case and notify the court of that decision
2.15within three working days.
2.16(d) The child may not be placed for the primary purpose of treatment for an
2.17emotional disturbance, a developmental disability, or chemical dependency, in a residential
2.18treatment facility out of state nor in a residential treatment facility within the state that is
2.19licensed under chapter 245A, unless one of the following conditions applies:
2.20(1) a treatment professional certifies that an emergency requires the placement
2.21of the child in a facility within the state;
2.22(2) the screening team has evaluated the child and recommended that a residential
2.23placement is necessary to meet the child's treatment needs and the safety needs of the
2.24community, that it is a cost-effective means of meeting the treatment needs, and that it
2.25will be of therapeutic value to the child; or
2.26(3) the court, having reviewed a screening team recommendation against placement,
2.27determines to the contrary that a residential placement is necessary. The court shall state
2.28the reasons for its determination in writing, on the record, and shall respond specifically
2.29to the findings and recommendation of the screening team in explaining why the
2.30recommendation was rejected. The attorney representing the child and the prosecuting
2.31attorney shall be afforded an opportunity to be heard on the matter.
2.32(e) When the county's juvenile treatment screening team has elected to screen and
2.33evaluate a child determined to be an Indian child, the team shall provide notice to the
2.34tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
2.35member of the tribe or as a person eligible for membership in the tribe, and permit the
2.36tribe's representative to participate in the screening team.
3.1(f) When the Indian child's tribe or tribal health care services provider or Indian
3.2Health Services provider proposes to place a child for the primary purpose of treatment
3.3for an emotional disturbance, a developmental disability, or co-occurring emotional
3.4disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
3.5the child's tribe shall submit necessary documentation to the county juvenile treatment
3.6screening team, which must invite the Indian child's tribe to designate a representative to
3.7the screening team.
1.3screening teams to screen juveniles;amending Minnesota Statutes 2012, section
1.4260C.157, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to
1.7read:
1.8 Subd. 3. Juvenile treatment screening team. (a) The responsible social services
1.9agency shall establish a juvenile treatment screening team to conduct screenings and
1.10prepare case plans under this chapter, chapter 260D, and section
1.11Screenings shall be conducted within
1.12which may be the team constituted under section
1.13Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
1.14professionals, persons with expertise in the treatment of juveniles who are emotionally
1.15disabled, chemically dependent, or have a developmental disability, and the child's parent,
1.16guardian, or permanent legal custodian under Minnesota Statutes 2010, section
1.17subdivision 11
1.18defined in section
1.19(b) The social services agency shall determine whether a child brought to its
1.20attention for the purposes described in this section is an Indian child, as defined in section
1.22defined in section
1.23the team provided in paragraph (a) shall include a designated representative of the Indian
1.24child's tribe, unless the child's tribal authority declines to appoint a representative. The
2.1Indian child's tribe may delegate its authority to represent the child to any other federally
2.2recognized Indian tribe, as defined in section
2.3(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
2.4(1) for the primary purpose of treatment for an emotional disturbance, a
2.5developmental disability, or chemical dependency in a residential treatment facility out
2.6of state or in one which is within the state and licensed by the commissioner of human
2.7services under chapter 245A; or
2.8(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
2.9postdispositional placement in a facility licensed by the commissioner of corrections or
2.10human services, the court shall ascertain whether the child is an Indian child and shall
2.11notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
2.12child's tribe. The county's juvenile treatment screening team must either: (i) screen and
2.13evaluate the child and file its recommendations with the court within 14 days of receipt
2.14of the notice; or (ii) elect not to screen a given case and notify the court of that decision
2.15within three working days.
2.16(d) The child may not be placed for the primary purpose of treatment for an
2.17emotional disturbance, a developmental disability, or chemical dependency, in a residential
2.18treatment facility out of state nor in a residential treatment facility within the state that is
2.19licensed under chapter 245A, unless one of the following conditions applies:
2.20(1) a treatment professional certifies that an emergency requires the placement
2.21of the child in a facility within the state;
2.22(2) the screening team has evaluated the child and recommended that a residential
2.23placement is necessary to meet the child's treatment needs and the safety needs of the
2.24community, that it is a cost-effective means of meeting the treatment needs, and that it
2.25will be of therapeutic value to the child; or
2.26(3) the court, having reviewed a screening team recommendation against placement,
2.27determines to the contrary that a residential placement is necessary. The court shall state
2.28the reasons for its determination in writing, on the record, and shall respond specifically
2.29to the findings and recommendation of the screening team in explaining why the
2.30recommendation was rejected. The attorney representing the child and the prosecuting
2.31attorney shall be afforded an opportunity to be heard on the matter.
2.32(e) When the county's juvenile treatment screening team has elected to screen and
2.33evaluate a child determined to be an Indian child, the team shall provide notice to the
2.34tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
2.35member of the tribe or as a person eligible for membership in the tribe, and permit the
2.36tribe's representative to participate in the screening team.
3.1(f) When the Indian child's tribe or tribal health care services provider or Indian
3.2Health Services provider proposes to place a child for the primary purpose of treatment
3.3for an emotional disturbance, a developmental disability, or co-occurring emotional
3.4disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
3.5the child's tribe shall submit necessary documentation to the county juvenile treatment
3.6screening team, which must invite the Indian child's tribe to designate a representative to
3.7the screening team.
