The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph. (1) who is placed away from the child's parent or guardian in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes; (2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or, (3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C. trailer << /Size 781 /Info 744 0 R /Root 764 0 R /Prev 393232 /ID[<1f68e3bb22b5b110fe7d878ed8e552b6><1f68e3bb22b5b110fe7d878ed8e552b6>] >> startxref 0 %%EOF 764 0 obj << /Type /Catalog /Pages 756 0 R /Outlines 579 0 R /StructTreeRoot 587 0 R /OpenAction [ 766 0 R /XYZ null null null ] /PageMode /UseNone /AcroForm 765 0 R >> endobj 765 0 obj << /Fields [ ] /DR 583 0 R /DA (/Helv 0 Tf 0 g ) >> endobj 779 0 obj << /S 1482 /O 1529 /V 1545 /C 1567 /Filter /FlateDecode /Length 780 0 R >> stream [Minn. H��W�n�8}�W�Z@�HQ? The proof of transfer must specify whether the firearms were permanently or temporarily transferred and include the name of the abusing party, date of transfer, and the serial number, make, and model of all transferred firearms. 2 For more information about the procedural steps that lead up to the disposition in a CHIPS case, please refer to Minnesota Statute [Minn. 22a. Although the district court found that clear and convincing evidence supported the additional grounds, the court also found that T.D.’s daughter is neglected and in foster care, relying on subdivision 1 (b) (8) of section 260C.301. See Minnesota Statutes 260C.007. Minn. Stat. § 260C.163, subd. (a) For each disposition ordered where the child is placed away from a parent or guardian, the court shall order the responsible social services agency to prepare a written out-of-home placement plan according to the requirements of section 260C.212, subdivision 1. 11a(a) (2004). In the event a trial home visit is terminated by the agency by removing the child to foster care without prior court order or authorization, the court shall conduct a hearing within ten days of receiving notice of the termination of the trial home visit by the agency and shall order disposition under this subdivision or commence permanency proceedings under sections 260C.503 to 260C.515. 1(a)(1) (2012). 1(a). First, mother argues that the juvenile court erred by determining that it was in C.S.’s best interests to transfer sole legal and physical custody to … §19ll(b) (2003). Under Minn.Stat. Terms Used In Minnesota Statutes 260C.201. The court may approve the plan based on contents of CHIPS petition, and implementation of approved plan may be basis for reasonable efforts determination (RJPP 37.04(b); Minn. Stat. A temporary firearm transfer only entitles the receiving party to possess the firearm. 11(e)(1). Before a local law enforcement agency transfers a firearm under this paragraph, the agency shall require the third party or federally licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that complies with the requirements for affidavits or proofs of transfer established in paragraph (e). No person may receive custody of two or more unrelated children unless licensed to operate a residential program under sections 245A.01 to 245A.16; or. (4) the parents' custodial rights to another child have been involuntarily transferred to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e), clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction; 3 (g); and 260C.212, subd. The abusing party shall provide the court with a signed and notarized affidavit or proof of transfer as described in this section within two business days of the firearms transfer. Read Section 260C.001 - TITLE, INTENT, AND CONSTRUCTION, Minn. Stat. If an abusing party permanently transfers the abusing party’s firearms to a law enforcement agency, the agency is not required to compensate the abusing party and may charge the abusing party a reasonable processing fee. An abusing party may not transfer firearms to a third party who resides with the abusing party. When the court transfers legal custody of a child to any licensed child-placing agency or the responsible social services agency, it shall transmit with the order transferring legal custody a copy of its findings and a summary of its information concerning the child. The expenses of legal custody are paid in accordance with the provisions of section 260C.331. A copy of the approved case plan shall be attached to the court’s order and incorporated into it by reference. Minn. Stat. The third party shall acknowledge in the affidavit that the third party may be held criminally and civilly responsible under section 624.7144 if the abusing party gains access to a transferred firearm while the firearm is in the custody of the third party. Joint Legislative Offices Revisor of Statutes Legislative Reference Library To the extent practicable, the court shall enter a disposition order the same day it makes a finding that a child is in need of protection or services or neglected and in foster care, but in no event more than 15 days after the finding unless the court finds that the best interests of the child will be served by granting a delay. 0000001595 00000 n The agency shall file all affidavits or proofs of transfer received with the court within two business days of the transfer. Agency: means the responsible social services agency or a licensed child-placing agency.See Minnesota Statutes 260C.007; Child: means an individual under 18 years of age.See Minnesota Statutes 260C.007; Child-placing agency: means anyone licensed under sections 245A. 1(a)(2). 260C.201 (1999) (Dispositions; Child in Need of Protection or Services). (5) if the child has been adjudicated as a child in need of protection or services because the child is in need of special services or care to treat or ameliorate a mental disability or emotional disturbance as defined in section 245.4871, subdivision 15, the written findings shall also set forth: (i) whether the child has mental health needs that must be addressed by the case plan; (ii) what consideration was given to the diagnostic and functional assessments performed by the child’s mental health professional and to health and mental health care professionals’ treatment recommendations; (iii) what consideration was given to the requests or preferences of the child’s parent or guardian with regard to the child’s interventions, services, or treatment; and. 2011 Minnesota Statutes Chapters 245 - 267 — Public Welfare and Related Activities Chapter 260C — Child Protection Section 260C.301 — Termination of Parental Rights The time period for the hearing may be extended by the court for good cause shown and if it is in the best interests of the child as long as the total time the child spends in foster care without a permanency hearing does not exceed 12 months; (4) if the child has been adjudicated as a child in need of protection or services because the child is in need of special services or care to treat or ameliorate a physical or mental disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court may order the child’s parent, guardian, or custodian to provide it. Justia US Law US Codes and Statutes Minnesota Code 2003 Minnesota Code Chapters 245 - 267 Public Welfare and Related Activities Chapter 260C Child Protection Section 260C.201 Dispositions; children who are in need of protection or services or neglected and in foster care. 0000001793 00000 n The November 21, 2001 hearing was scheduled as a 90-day review given that the county had custody of S.L.A. If the court’s order for mental health treatment is based on a diagnosis made by a treatment professional, the court may order that the diagnosing professional not provide the treatment to the child if it finds that such an order is in the child’s best interests; or. (9) "day" comprises the time from midnight to the next midnight; (10) "fiscal year" means the year by or for which accounts are reckoned; (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect; (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect; (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal; (14) "minor" means an individual under the age of 18 years; (15) "money" means lawful money of the United States; (16) "night time" means the time from sunset to sunrise; (17) "non compos mentis" refers to an individual of unsound mind; (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision; (20) "verified" when used in reference to writings, means supported by oath or affirmation. The county argues that this allowed the district court to make the futility determination even though the petition for termination had not yet been filed.
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