Minnesota Statutes 260B.335 – Civil Jurisdiction Over Persons Contributing to Delinquency or Status as a Juvenile Petty Offender
Subdivision 1.Jurisdiction.
The juvenile court has civil jurisdiction over persons contributing to the delinquency or status as a juvenile petty offender under the provisions of this section.
Subd. 2.Petition; order to show cause.
Terms Used In Minnesota Statutes 260B.335
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Agency: means the local social services agency or a licensed child-placing agency. See Minnesota Statutes 260B.007
- Child: means an individual under 18 years of age and includes any minor alleged to have been delinquent or a juvenile traffic offender prior to having become 18 years of age. See Minnesota Statutes 260B.007
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260B.007
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260B.007
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
Terms Used In Minnesota Statutes 260B.335
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Agency: means the local social services agency or a licensed child-placing agency. See Minnesota Statutes 260B.007
- Child: means an individual under 18 years of age and includes any minor alleged to have been delinquent or a juvenile traffic offender prior to having become 18 years of age. See Minnesota Statutes 260B.007
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260B.007
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260B.007
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
A request for jurisdiction over a person described in subdivision 1 shall be initiated by the filing of a verified petition by the county attorney having jurisdiction over the place where the child is found, resides, or where the alleged act of contributing occurred. A prior or pending petition alleging that the child is delinquent or a juvenile petty offender is not a prerequisite to a petition under this section. The petition shall allege the factual basis for the claim that the person is contributing to the child’s delinquency or status as a juvenile petty offender. If the court determines, upon review of the verified petition, that probable cause exists to believe that the person has contributed to the child’s delinquency or status as a juvenile petty offender, the court shall issue an order to show cause why the person should not be subject to the jurisdiction of the court. The order to show cause and a copy of the verified petition shall be served personally upon the person and shall set forth the time and place of the hearing to be conducted under subdivision 3.
Subd. 3.Hearing.
(a) The court shall conduct a hearing on the petition in accordance with the procedures contained in paragraph (b).
(b) Hearings under this subdivision shall be without a jury. The rules of evidence promulgated pursuant to section 480.0591 shall apply. In all proceedings under this section, the court shall admit only evidence that would be admissible in a civil trial. When the respondent is an adult, hearings under this subdivision shall be open to the public. Hearings shall be conducted within five days of personal service of the order to show cause and may be continued for a reasonable period of time if a continuance is in the best interest of the child or in the interests of justice.
(c) At the conclusion of the hearing, if the court finds by a fair preponderance of the evidence that the person has contributed to the child’s delinquency or status as a juvenile petty offender as defined in section 260B.425, the court may make any of the following orders:
(1) restrain the person from any further act or omission in violation of section 260B.425;
(2) prohibit the person from associating or communicating in any manner with the child;
(3) require the person to participate in evaluation or services determined necessary by the court to correct the conditions that contributed to the child’s delinquency or status as a juvenile petty offender;
(4) require the person to provide supervision, treatment, or other necessary care;
(5) require the person to pay restitution to a victim for pecuniary damages arising from an act of the child relating to the child’s delinquency or status as a juvenile petty offender;
(6) require the person to pay the cost of services provided to the child or for the child’s protection; or
(7) require the person to provide for the child’s maintenance or care if the person is responsible for the maintenance or care, and direct when, how, and where money for the maintenance or care shall be paid. If the person is receiving public assistance for the child’s maintenance or care, the court shall authorize the public agency responsible for administering the public assistance funds to make payments directly to vendors for the cost of food, shelter, medical care, utilities, and other necessary expenses.
(d) An order issued under this section shall be for a fixed period of time, not to exceed one year. The order may be renewed or modified prior to expiration upon notice and motion when there has not been compliance with the court’s order or the order continues to be necessary to eliminate the contributing behavior or to mitigate its effect on the child.
Subd. 4.Criminal proceedings.
The county attorney may bring both a criminal proceeding under section 260B.425 and a civil action under this section.