Minnesota Statutes Annotated Currentness

Public Welfare and Related Activities (Ch. 245-267)

Chapter 260C. Child Protection

Jurisdiction

Subdivision 1. Children in need of protection or services, or neglected and in foster care. The juvenile court has original and exclusive jurisdiction in proceedings concerning any child who is alleged to be in need of protection or services, or neglected and in foster care.

Subd. 2. Other matters relating to children. Except as provided in clause (4), the juvenile court has original and exclusive jurisdiction in proceedings concerning:

(1) the termination of parental rights to a child in accordance with the provisions of sections 260C.301 to 260C.328;

(2) the appointment and removal of a juvenile court guardian for a child, where parental rights have been terminated under the provisions of sections 260C.301 to 260C.328;

(3) judicial consent to the marriage of a child when required by law;

(4) the juvenile court in those counties in which the judge of the probate-juvenile court has been admitted to the practice of law in this state shall proceed under the laws relating to adoptions in all adoption matters. In those counties in which the judge of the probate-juvenile court has not been admitted to the practice of law in this state the district court shall proceed under the laws relating to adoptions in all adoption matters;

(5) the review of the placement of a child who is in foster care pursuant to a voluntary placement agreement between the child's parent or parents and the responsible social services agency under section 260C.212, subdivision 8;

(6) the review of voluntary foster care placement of a child for treatment under chapter 260D according to the review requirements of that chapter.

Subd. 3. Matters relating to domestic child abuse. The juvenile court has jurisdiction in proceedings concerning any alleged acts of domestic child abuse. In a jurisdiction which utilizes referees in child in need of protection or services matters, the court or judge may refer actions under this subdivision to a referee to take and report the evidence in the action. If the respondent does not appear after service is duly made and proved, the court may hear and determine the proceeding as a default matter. Proceedings under this subdivision shall be given docket priority by the court.

Subd. 4. Parents and guardians. A parent, guardian, or custodian of a child who is subject to the jurisdiction of the court is also subject to the jurisdiction of the court in any matter in which that parent, guardian, or custodian has a right to notice under section 260C.151 or 260C.152, or the right to participate under section 260C.163. In any proceeding concerning a child alleged to be in need of protection or services, the court has jurisdiction over a parent, guardian, or custodian for the purposes of a disposition order issued under section 260C.201, subdivision 6.

Subd. 5. Indian children. In a child in need of protection or services proceeding, when an Indian child is a ward of a tribal court with federally recognized child welfare jurisdiction, the Indian tribe retains exclusive jurisdiction notwithstanding the residence or domicile of an Indian child, as provided in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1911.

CREDIT(S)

Laws 1999, c. 139, art. 3, § 4. Amended by Laws 1999, c. 139, art. 4, § 2; Laws 2005, c. 10, art. 4, § 16; Laws 2008, c. 361, art. 6, § 28, eff. Aug. 1, 2008.

HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Derivation:

St.1998, § 260.111.

Laws 1994, c. 576, § 10.

Laws 1989, c. 235, § 8.

Laws 1988, c. 673, §§ 7 to 9.

Laws 1986, c. 444.

Laws 1984, c. 573, § 3.

Laws 1982, c. 544, § 7.

Laws 1981, c. 290, § 6.

Laws 1980, c. 580, § 4.

Laws 1978, c. 602, § 4.

Laws 1961, c. 576, § 6.

Laws 1959, c. 685, § 13.

St.1957, § 260.02.

Laws 1945, c. 517, § 1.

Laws 1941, c. 110, § 1.

Laws 1933, c. 184.

Laws 1931, c. 250, § 1.

St.1927, § 8637.

Laws 1927, c. 192, § 2.

Gen.St.1923, § 8637.

Laws 1917, c. 397, § 2.

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. 10, was a correction bill correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; and making miscellaneous technical corrections to statutes and other laws.

2010 Electronic Update                                                          

2008 Legislation

Laws 2008, c. 361, art. 6, § 28, in subd. 2, rewrote par. (e), and added par. (f), relating to jurisdiction in proceedings concerning the review of voluntary foster care placement of a child for treatment under chapter 260D. Prior to revision, par. (e) read:

"(e) The review of the foster care status of a child who has been placed in a residential facility, as defined in section 260C.212, subdivision 1, pursuant to a voluntary release by the child's parent or parents."

M. S. A. § 260C.101, MN ST § 260C.101

Current with laws of the 2010 Regular and First Special

                 Sessions effective through June 30, 2010