MN ST § 260C.001
M.S.A. § 260C.001
Minnesota Statutes Annotated Currentness
Public Welfare and Related Activities (Ch. 245-267)
Chapter 260C. Child Protection
General Provisions
260C.001.
Title, intent, and construction
Subdivision
1. Citation. Sections 260C.001 to 260C.451 may be cited as the child protection provisions of the Juvenile Court Act.
Subd.
2. Child in need of protection services.
(a) The paramount consideration in all proceedings concerning a child
alleged or found to be in need of protection or services is the health,
safety, and best interests of the child. In proceedings involving an
American Indian child, as defined in section 260.755, subdivision 8,
the best interests of the child must be determined consistent with
sections 260.751 to 260.835 and the
Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1923.
(b)
The purpose of the laws relating to juvenile courts is:
(1)
to secure for each child alleged or adjudicated in need of protection
or services and under the jurisdiction of the court, the care and
guidance, preferably in the child's own home, as will best serve the
spiritual, emotional, mental, and physical welfare of the child;
(2) to provide judicial procedures
which protect the welfare of the child;
(3)
to preserve and strengthen the child's family ties whenever possible
and in the child's best interests, removing the child from the custody
of parents only when the child's welfare or safety cannot be adequately
safeguarded without removal;
(4) to ensure that when removal from
the child's own family is necessary and in the
child's best interests, the responsible social services agency has legal responsibility for the child removal either:
(i) pursuant to a voluntary placement
agreement between the child's parent or guardian and the responsible social services agency; or
(ii) by court order pursuant to section
260C.151, subdivision 6; 206C.178; or 260C.201;
(5)
to ensure that, when placement is pursuant to court order, the court
order removing the child or continuing the child in foster care
contains an individualized determination that placement is in the best
interests of the child that coincides with the actual removal of the
child; and
(6) to ensure that when the child
is removed, the child's care and discipline is, as nearly as possible, equivalent to that which should have been given by
the parents and is either in:
(i) the home of a noncustodial parent
pursuant to section 260C.178 or 260C.201, subdivision 1, paragraph (a), clause (1);
(ii) the home of a relative pursuant
to emergency placement by the responsible social services agency under chapter 245A; or
(iii) a foster home licensed under
chapter 245A.
Subd.
3. Permanency and termination of parental rights. The purpose of the laws relating to permanency and termination of parental rights is to ensure that:
(1) when required and appropriate,
reasonable efforts have been made by the social
services agency to reunite the child with the child's parents in a home that is safe and permanent; and
(2)
if placement with the parents is not reasonably foreseeable, to secure
for the child a safe and permanent placement, preferably with adoptive
parents or a fit and willing relative through transfer of permanent
legal and physical custody to that relative.
Nothing
in this section requires reasonable efforts to prevent placement or to
reunify the child with the parent or guardian to be made in
circumstances where the court has determined that the child has been
subjected to egregious harm, when the child is an abandoned infant, the
parent has involuntarily lost custody of another child through a
proceeding under section 260C.201, subdivision 11, or similar law of
another state, the parental rights of the parent to a sibling have been
involuntarily terminated, or the court has determined that reasonable
efforts or further reasonable efforts to reunify the child with the
parent or guardian would be futile.
The
paramount consideration in all proceedings for permanent placement of
the child under section 260C.201, subdivision 11, or the termination of
parental rights is the best interests of the child. In proceedings
involving an American Indian child, as defined in section 260.755,
subdivision 8, the best interests of the child must be determined
consistent with the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1901, et seq.
Subd.
4. Construction.
The laws relating to the child protection provisions of the juvenile
courts shall be liberally construed to carry out these purposes.
CREDIT(S)
Laws 1999, c. 139, art. 3, § 1. Amended by Laws
1999, c. 139, art. 4, § 2; Laws 2005, c. 159, art. 2, § 12; Laws 2008,
c. 361, art. 6, § 24, eff. Aug. 1, 2008.
HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Derivation:
Laws 1999, c. 245, art. 8, § 41.
Laws 1999, c. 139, art. 1, § 1.
St.1998, § 260.011.
Laws 1998, c. 407, art. 9, § 22.
Laws 1988, c. 673, § 2.
Laws 1998, c. 406, art. 1, § 23.
Laws 1990, c. 542, § 10.
Laws 1988, c. 514, § 3.
Laws 1986, c. 444.
Laws 1985, c. 286, § 1.
Laws 1980, c. 580, § 3.
Laws 1959, c. 685, § 1.
St.1957, § 260.33.
St.1927, § 8667.
Gen.St.1923, § 8667.
Laws 1917, c. 397, § 32.
Gen.St.1913, §§ 7175, 7190.
Laws 1913, c. 260, § 2.
Laws 1909, c. 232.
Laws 1905, c. 285, § 14.
Laws 1999, c. 139, art. 4, § 1, provides:
"The
legislature intends this act to be a clarification and reorganization
of laws relating to juvenile delinquency and child protection in
Minnesota Statutes, chapters 257 and 260. The changes that have been
made are not intended to alter those laws and shall not be construed by
a court or other authority to alter them."
Laws
1999, c. 139, art. 4, § 2, par. (b), in part directed the revisor of
statutes to correct cross references in Minnesota Statutes to sections
that were repealed and recodified by Laws 1999, c. 139.
Laws 2005, c. 159, art. 2, § 12, rewrote subd. 3, which formerly read:
"Subd. 3. Termination of parental rights. The purpose of the laws relating to termination of parental rights is to ensure that:
"(1) when required and appropriate, reasonable efforts have been made by the
social services agency to reunite
the child with the child's parents in a home that is safe and permanent; and
"(2)
if placement with the parents is not reasonably foreseeable, to secure
for the child a safe and permanent placement, preferably with adoptive
parents or a fit and willing relative through transfer of permanent
legal and physical custody to that relative.
"Nothing
in this section requires reasonable efforts to be made in circumstances
where the court has determined that the child has been subjected to
egregious harm or the parental rights of the parent to a sibling have
been involuntarily terminated.
"The
paramount consideration in all proceedings for the termination of
parental rights is the best interests of the child. In proceedings
involving an American Indian child, as defined in section 260.755,
subdivision 8, the best interests of the child must be determined
consistent with the Indian Child Welfare Act of 1978, United States
Code, title 25, section 1901, et seq."
2010
Electronic
Update
2008 Legislation
Laws 2008, c. 361, art. 6, § 24, rewrote subd. 2, which formerly read:
"Subd.
2. Child in need of protection services. The paramount consideration in
all proceedings concerning a child alleged or found to be in need of
protection or services is the health, safety, and best interests of the
child. In proceedings involving an American Indian child, as defined in
section 260.755, subdivision 8, the best interests of the child must be
determined consistent with sections 260.751 to 260.835 and the Indian
Child Welfare Act, United States Code, title 25, sections 1901 to 1923.
The purpose of the laws relating to juvenile courts is to secure for
each child alleged or adjudicated in need of protection or services and
under the jurisdiction of the court, the care and guidance, preferably
in the child's own home, as will best serve the spiritual, emotional,
mental, and physical welfare of the child; to provide judicial
procedures which protect the welfare of the child; to preserve and
strengthen the child's family ties whenever possible and in the child's
best interests, removing the child from the custody of parents only
when the child's welfare or safety cannot be adequately safeguarded
without removal; and, when
removal
from the child's own family is necessary and in the child's best
interests, to secure for the child custody, care and discipline as
nearly as possible equivalent to that which should have been given by
the parents."
M. S. A. § 260C.001, MN ST § 260C.001
Current with laws of the 2010 Regular
and First Special
Sessions effective through June 30,
2010