Bill Text: MN SF1698 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Juvenile treatment screening teams screening timeline modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-09 - General Orders: Stricken and returned to author [SF1698 Detail]
Download: Minnesota-2013-SF1698-Engrossed.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 within 15 days of a request for a screening, provided that if
1.12the screening is for the purpose of placement in mental health residential treatment and the
1.13child is enrolled in a prepaid health program under section 256B.69, the screening must
1.14be conducted within ten working days of a request. The team, which may be the team
1.15constituted under section245.4885 or
256B.092 or Minnesota Rules, parts 9530.6600
1.16to 9530.6655, shall consist of social workers, juvenile justice professionals, persons
1.17with expertise in the treatment of juveniles who are emotionally disabled, chemically
1.18dependent, or have a developmental disability, and the child's parent, guardian, or
1.19permanent legal custodian under Minnesota Statutes 2010, section260C.201, subdivision
1.2011 , or section
260C.515, subdivision 4 . The team may be the same team as defined in
1.21section260B.157, subdivision 3 .
1.22(b) The social services agency shall determine whether a child brought to its
1.23attention for the purposes described in this section is an Indian child, as defined in section
1.24260C.007, subdivision 21
, and shall determine the identity of the Indian child's tribe, as
2.1defined in section260.755, subdivision 9 . When a child to be evaluated is an Indian child,
2.2the team provided in paragraph (a) shall include a designated representative of the Indian
2.3child's tribe, unless the child's tribal authority declines to appoint a representative. The
2.4Indian child's tribe may delegate its authority to represent the child to any other federally
2.5recognized Indian tribe, as defined in section260.755, subdivision 12 .
2.6(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
2.7(1) for the primary purpose of treatment for an emotional disturbance, a
2.8developmental disability, or chemical dependency in a residential treatment facility out
2.9of state or in one which is within the state and licensed by the commissioner of human
2.10services under chapter 245A; or
2.11(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
2.12postdispositional placement in a facility licensed by the commissioner of corrections or
2.13human services, the court shall ascertain whether the child is an Indian child and shall
2.14notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
2.15child's tribe. The county's juvenile treatment screening team must either: (i) screen and
2.16evaluate the child and file its recommendations with the court within 14 days of receipt
2.17of the notice; or (ii) elect not to screen a given case and notify the court of that decision
2.18within three working days.
2.19(d) The child may not be placed for the primary purpose of treatment for an
2.20emotional disturbance, a developmental disability, or chemical dependency, in a residential
2.21treatment facility out of state nor in a residential treatment facility within the state that is
2.22licensed under chapter 245A, unless one of the following conditions applies:
2.23(1) a treatment professional certifies that an emergency requires the placement
2.24of the child in a facility within the state;
2.25(2) the screening team has evaluated the child and recommended that a residential
2.26placement is necessary to meet the child's treatment needs and the safety needs of the
2.27community, that it is a cost-effective means of meeting the treatment needs, and that it
2.28will be of therapeutic value to the child; or
2.29(3) the court, having reviewed a screening team recommendation against placement,
2.30determines to the contrary that a residential placement is necessary. The court shall state
2.31the reasons for its determination in writing, on the record, and shall respond specifically
2.32to the findings and recommendation of the screening team in explaining why the
2.33recommendation was rejected. The attorney representing the child and the prosecuting
2.34attorney shall be afforded an opportunity to be heard on the matter.
2.35(e) When the county's juvenile treatment screening team has elected to screen and
2.36evaluate a child determined to be an Indian child, the team shall provide notice to the
3.1tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
3.2member of the tribe or as a person eligible for membership in the tribe, and permit the
3.3tribe's representative to participate in the screening team.
3.4(f) When the Indian child's tribe or tribal health care services provider or Indian
3.5Health Services provider proposes to place a child for the primary purpose of treatment
3.6for an emotional disturbance, a developmental disability, or co-occurring emotional
3.7disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
3.8the child's tribe shall submit necessary documentation to the county juvenile treatment
3.9screening team, which must invite the Indian child's tribe to designate a representative to
3.10the 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 15 days of a request for a screening, provided that if
1.12the screening is for the purpose of placement in mental health residential treatment and the
1.13child is enrolled in a prepaid health program under section 256B.69, the screening must
1.14be conducted within ten working days of a request. The team, which may be the team
1.15constituted under section
1.16to 9530.6655, shall consist of social workers, juvenile justice professionals, persons
1.17with expertise in the treatment of juveniles who are emotionally disabled, chemically
1.18dependent, or have a developmental disability, and the child's parent, guardian, or
1.19permanent legal custodian under Minnesota Statutes 2010, section
1.2011
1.21section
1.22(b) The social services agency shall determine whether a child brought to its
1.23attention for the purposes described in this section is an Indian child, as defined in section
2.1defined in section
2.2the team provided in paragraph (a) shall include a designated representative of the Indian
2.3child's tribe, unless the child's tribal authority declines to appoint a representative. The
2.4Indian child's tribe may delegate its authority to represent the child to any other federally
2.5recognized Indian tribe, as defined in section
2.6(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
2.7(1) for the primary purpose of treatment for an emotional disturbance, a
2.8developmental disability, or chemical dependency in a residential treatment facility out
2.9of state or in one which is within the state and licensed by the commissioner of human
2.10services under chapter 245A; or
2.11(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
2.12postdispositional placement in a facility licensed by the commissioner of corrections or
2.13human services, the court shall ascertain whether the child is an Indian child and shall
2.14notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
2.15child's tribe. The county's juvenile treatment screening team must either: (i) screen and
2.16evaluate the child and file its recommendations with the court within 14 days of receipt
2.17of the notice; or (ii) elect not to screen a given case and notify the court of that decision
2.18within three working days.
2.19(d) The child may not be placed for the primary purpose of treatment for an
2.20emotional disturbance, a developmental disability, or chemical dependency, in a residential
2.21treatment facility out of state nor in a residential treatment facility within the state that is
2.22licensed under chapter 245A, unless one of the following conditions applies:
2.23(1) a treatment professional certifies that an emergency requires the placement
2.24of the child in a facility within the state;
2.25(2) the screening team has evaluated the child and recommended that a residential
2.26placement is necessary to meet the child's treatment needs and the safety needs of the
2.27community, that it is a cost-effective means of meeting the treatment needs, and that it
2.28will be of therapeutic value to the child; or
2.29(3) the court, having reviewed a screening team recommendation against placement,
2.30determines to the contrary that a residential placement is necessary. The court shall state
2.31the reasons for its determination in writing, on the record, and shall respond specifically
2.32to the findings and recommendation of the screening team in explaining why the
2.33recommendation was rejected. The attorney representing the child and the prosecuting
2.34attorney shall be afforded an opportunity to be heard on the matter.
2.35(e) When the county's juvenile treatment screening team has elected to screen and
2.36evaluate a child determined to be an Indian child, the team shall provide notice to the
3.1tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
3.2member of the tribe or as a person eligible for membership in the tribe, and permit the
3.3tribe's representative to participate in the screening team.
3.4(f) When the Indian child's tribe or tribal health care services provider or Indian
3.5Health Services provider proposes to place a child for the primary purpose of treatment
3.6for an emotional disturbance, a developmental disability, or co-occurring emotional
3.7disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
3.8the child's tribe shall submit necessary documentation to the county juvenile treatment
3.9screening team, which must invite the Indian child's tribe to designate a representative to
3.10the screening team.
