§ 260C.425 — Criminal Jurisdiction for Contributing to Need for Protection or Services
Plain-Language Summary
This section addresses the rights of young adults in extended foster care, including the right to participate in decisions about their own lives, the right to a transition plan, and the right to re-enter foster care.
260C.425 CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES.
§
Subdivision 1.Crimes.
(a) Any person who by act, word, or omission encourages, causes, or contributes to the need for protection or services is guilty of a gross misdemeanor.
(b) This section does not apply to licensed social services agencies and outreach workers who, while acting within the scope of their professional duties, provide services to runaway children. §
Subd. 2.Complaint; venue.
A complaint under this section may be filed by the county attorney having jurisdiction where the child is found, resides, or where the alleged act of contributing occurred. The complaint may be filed in either the juvenile or criminal divisions of the district court. A prior or pending petition alleging that the child is delinquent, a juvenile petty offender, or in need of protection or services is not a prerequisite to a complaint or a conviction under this section. §
Subd. 3.Affirmative defense.
If the child’s conduct is the basis for the child’s need for protection services, it is an affirmative defense to a prosecution under subdivision 1 if the defendant proves, by a preponderance of the evidence, that the defendant took reasonable steps to control the child’s conduct.
History:
**NOTE: **A transfer of a power or responsibility in this chapter to the Department of Children, Youth, and Families is effective upon notice of the commissioner of children, youth, and families to the commissioners of administration, management and budget, and other relevant departments along with the secretary of the senate, the chief clerk of the house of representatives, and the chairs and ranking minority members of the relevant legislative committees and divisions. Laws 2024, chapter 80, article 8, section 72, Laws 2023, chapter 70, article 12, section 30.
History: History: 1999 c 139 art 3 s 43