Delinquency Disposition

15.01 Generally Subdivision 1. Findings on Charges. All references in this rule to findings that allegations in the charging document have been proved include findings pursuant to a plea of guilty by the child under Rule 8.04 and findings after trial pursuant to Rule 13.09. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 61 JUVENILE COURT MINNESOTA COURT RULES Subd. 2. Application. This rule applies to delinquency dispositions. Rule 17 governs dispositions for juvenile petty offenses and juvenile traffic offenses. Rule 19 provides for sentence and disposition in extended jurisdiction juvenile cases. (Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2003.) 15.02 Timing Subdivision 1. Hearing. After the court makes a general finding that the allegations in the charging document have been proved beyond a reasonable doubt, the court may conduct a disposition hearing immediately or continue the matter for a disposition hearing at a later time as follows: (A) for a child not held in detention, within fourty-five (45) days from the finding that the allegations in the charging document have been proved beyond a reasonable doubt; or (B) for a child held in detention, within fifteen (15) days from the finding that the allegations in the charging document have been proved beyond a reasonable doubt; or (C) in cases involving a transfer of the file under subdivision 4, for a child not held in detention, as early as practicable but within ninety (90) days from the finding that the allegations in the charging document have been proved beyond a reasonable doubt. Subd. 2. Order. The court shall enter a dispositional order pursuant to Rule 15.05 within three (3) days of the disposition hearing. For good cause, the court may extend the time to enter a dispositional order to fifteen (15) days from the disposition hearing. Subd. 3. Delay. For good cause, the court may extend the time period to conduct a disposition hearing for one additional period of thirty (30) days for a child not held in detention or fifteen (15) days for a child held in detention. Except in extraordinary circumstances, if the court fails to conduct a disposition hearing or enter a dispositional order for a child held in detention within the time limits prescribed by this rule, the child shall be released from detention. If a disposition hearing is not conducted or a dispositional order is not entered within the time limits prescribed by this rule, the court may dismiss the case. Subd. 4. Transfer of File. If the matter is to be transferred to the child's county of residence for disposition, the court shall order a continuance and direct the court administrator to transfer the file to the juvenile court in the child's home county within five (5) days of the finding that the offense(s) charged have been proved. Venue transfers in juvenile court are governed by Minnesota Statutes, section 260B.105, except that case records and documents transferred electronically from one county to another within the court's case management system need not be certified. For convenience of the participants, the court which accepts a plea may determine the disposition for the court which will supervise the child's probation, if the transferring court has conferred with the receiving court and there is agreement regarding the disposition. (Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2003; amended effective for all delinquency actions commenced or children taken into custody after 12 o'clock midnight January 1, 2011; amended effective July 1, 2015.) 15.03 Predisposition Reports Subdivision 1. Investigations and Evaluations. The court may order an investigation of the personal and family history and environment of the child, and medical, psychological or chemical dependency evaluations of the child: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 62 MINNESOTA COURT RULES (A) at any time after the charges in the charging document have been proved; or (B) with the consent of the child, child's counsel, if any, and the parent(s), legal guardian or legal custodian of the child, before the charges in the charging document have been proved. Subd. 2. Placement. With the consent of the child at any time or without consent of the child after the delinquency charges of a charging document pursuant to Minnesota Statutes, section 260B.007, subdivision 6, paragraph (a), clause (1) or (2), have been proved, the court may place the child with the consent of the Commissioner of Corrections in an institution maintained by the Commissioner of Corrections for the detention, diagnosis, custody and treatment of persons adjudicated to be delinquent in order that the investigation and evaluations may be conducted pursuant to Rule 15.03, subdivision 1. Subd. 3. Advisory. The court shall advise the child, the child's counsel, the prosecuting attorney and the child's parent(s), legal guardian or legal custodian and their counsel present in court that a predisposition investigation is being ordered, the nature of the evaluations to be included and the date when the reports resulting from the investigation are to be filed with the court. Subd. 4. Filing and Inspection of Reports. The person making the report shall file the report three (3) days prior to the time scheduled for the disposition hearing and the reports shall be available for inspection and copying by the child, the child's counsel, the prosecuting attorney and counsel for the parent(s), legal guardian or legal custodian of the child. The report shall not be disclosed to the public except by court order. (Amended December 12, 1997, for all juvenile actions commenced or arrests made on or after 12 o'clock midnight January 1, 1998; amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2003; amended effective for all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2005; amended effective July 1, 2015.) 15.04 Hearing Subdivision 1. Procedure. Disposition hearings shall be separate from the hearing at which the charges are proved and may be held immediately following that hearing. Disposition hearings shall be conducted in a manner designed to facilitate opportunity for all participants to be heard. The child and the child's counsel, if any, shall appear at all disposition hearings. The child's parents and their counsel, if any, may also participate in the hearing. The child has the right of allocution at the disposition hearing, prior to any disposition being imposed. Subd. 2. Evidence. The court may receive any information, except privileged communication, that is relevant to the disposition of the case including reliable hearsay and opinions. Anyone with the right to participate in the disposition hearing pursuant to Rule 2 may call witnesses, subject to cross-examination, regarding an appropriate disposition and may cross-examine any persons who have prepared a written report relating to the disposition. (Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2003.) 15.05 Dispositional Order Subdivision 1. Adjudication and Disposition. On each of the charges found by the court to be proved, the court shall either: (A) adjudicate the child delinquent pursuant to Minnesota Statutes, section 260B.198, subdivision 1; or Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 63 JUVENILE COURT MINNESOTA COURT RULES (B) continue the case without adjudicating the child delinquent pursuant to Minnesota Statutes, section 260B.198, subdivision 7. The adjudication or continuance without adjudication shall occur at the same time and in the same court order as the disposition. Subd. 2. Considerations; Findings. (A) The dispositional order made by the court shall contain written findings of fact to support the disposition ordered and shall set forth in writing the following information: (1) why public safety and the best interests of the child are served by the disposition ordered; (2) what alternative dispositions were recommended to the court and why such recommendations were not ordered; and (3) if the disposition changes the place of custody of the child: (a) the reasons why public safety and the best interest of the child are not served by preserving the child's present custody; and (b) suitability of the placement, taking into account the program of the placement facility and assessment of the child's actual needs. (B) When making a disposition, the court shall consider whether a particular disposition will serve established principles of dispositions, including but not limited to: (1) Necessity. It is arbitrary and unjust to impose a disposition that is not necessary to restore law abiding conduct. Considerations bearing on need are: (a) Public Safety. The risk to public safety, taking into account: (i) the seriousness of the alleged offense in terms of community protection, including the existence of any aggravating factors recognized by the Minnesota Sentencing Guidelines, the use of a firearm, and the impact on any victim; (ii) the culpability of the child in committing the alleged offense, including the level of the child's participation in planning and carrying out the offense and the existence of any mitigating factors recognized by the Minnesota Sentencing Guidelines; (iii) the child's prior record of delinquency; participate meaningfully in available programming; and (iv) the child's programming history, including the child's past willingness to (b) Proportionality. The principle that the disposition be proportional, that is, the least restrictive action consistent with the child's circumstances. (2) Best Interests. A disposition must serve the best interests of the child, but this does not supersede the requirement that the disposition be necessary. The promise of benefits in a disposition, or even the suggestion that a particular disposition is best for the child, does not permit a disposition that is not necessary. (3) Out-of-Home Placement. Public policy mandates that the best interests of the child are normally served by parental custody. Where an out-of-home placement is being considered, Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 64 MINNESOTA COURT RULES the placement should be suitable to the child's needs. A placement that is not suited to the actual needs of the child cannot serve the child's best interests. (4) Sanctions. Sanctions, such as post-adjudication placement in a secure facility, are appropriate where such measures are necessary to promote public safety and reduce juvenile delinquency, provided that the sanctions are fair and just, recognize the unique characteristics and needs of the child and give the child access to opportunities for personal and social growth. In determining whether to order secure placement, the court shall consider the necessity of protecting the public, protecting program residents and staff, and preventing juveniles with histories of absconding from leaving treatment programs. Other factors that may impact on what sanctions are necessary include: any prior adjudication for a felony offense against a person, prior failures to appear in court, or prior incidents of running away from home. (5) Local Dispositional Criteria. The disposition should reflect the criteria used for determining delinquency dispositions in the local judicial district. Subd. 3. Duration. A dispositional order transferring legal custody of the child pursuant to Minnesota Statutes, section 260B.198, subdivision 1, clause (3), shall be for a specified length of time. The court may extend the duration of a placement but only by instituting a modification proceeding pursuant to Rule 15.08. Orders for probation shall be for an indeterminate length of time unless otherwise specified by the court and shall be reviewed by the court at least annually. Subd. 4. Continuance without Adjudication. (A) Generally. When it is in the best interests of the child and not inimical to public safety to do so, the court may continue the case without adjudicating the child. The court may not grant a continuance without adjudication where the child has been designated an extended jurisdiction juvenile. (B) Child Not in Detention. If the child is not being held in detention, the court may continue the case without adjudication for a period not to exceed one hundred eighty (180) days from the date of disposition. The court may extend the continuance for an additional successive period not to exceed one hundred eighty (180) days with the consent of the prosecutor and only after the court has reviewed the case and entered its order for the additional continuance without a finding of delinquency. (C) Child in Detention. If the child is held or is to be held in detention, the court may continue the case without adjudication and enter an order to hold the child in detention for a period not to exceed fifteen (15) days from the date of disposition. If the child is in detention, this continuance must be for the purpose of completing any consideration, or any investigation or examination ordered pursuant to Rule 15.03, subdivision 1. The court may extend this continuance and enter an order to hold the child in detention for an additional successive period not to exceed fifteen (15) days. (D) Dispositions During Continuance. During any continuance without adjudication of delinquency, the court may enter a disposition order pursuant to Minnesota Statutes, section 260B.198, subdivision 1, except clause (4). (E) Adjudication after Continuance. Adjudicating a child for an offense after initially granting a continuance without adjudication is a probation revocation and must be accomplished pursuant to Rule 15.07. (F) Termination of Jurisdiction. A probation revocation proceeding to adjudicate the child on any allegation initially continued without adjudication must be commenced within the period Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 65 JUVENILE COURT MINNESOTA COURT RULES prescribed by Rule 15.05, subdivision 4(B) or (C), or juvenile court jurisdiction over the charges terminates. (Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2003; amended effective December 1, 2012; amended effective July 1, 2015). 15.06 Informal Review The court shall review all disposition orders, except commitments to the Commissioner of Corrections, at least every six (6) months. If, upon review, the court finds there is good cause to believe a modification of the disposition is warranted under Rule 15.08, subdivision 8, the court may commence a modification proceeding pursuant to Rule 15.08. (Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o'clock midnight September 1, 2003.) 15.07 Probation Violation Subdivision 1. Commencement of Proceedings. Proceedings for revocation of probation may be commenced based upon a written report showing probable cause to believe the juvenile has violated any conditions of probation. Based upon the report, the court may issue a warrant as provided by Rule 4.03, or the court may schedule a review hearing and provide notice of the hearing as provided in Rule 25. If the juvenile fails to appear in response to a summons, the court may issue a warrant. (A) Contents of Probation Violation Report. The probation violation report and supporting affidavits, or written statements signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, if any, shall include: (1) the name, date of birth and address of the child; (2) the name and address of the child's parent(s), legal guardian, or legal custodian; (3) the underlying offense or offenses and date(s) of offense for which violation of probation is alleged; and (4) a description of the surrounding facts and circumstances upon which the request for revocation is based. (B) Notice. The court shall give notice of the admit/deny hearing on the probation violation to all persons entitled to notice pursuant to Rule 25. Subd. 2. Detention Hearing. Detention pending a probation violation hearing is governed by Rule 5. Subd. 3. Admit/Deny Hearing. The child shall either admit or deny the allegations of the probation violation report at the admit/deny hearing. (A) Timing. The admit/deny hearing shall be held: (1) for a child in custody, at or before the detention hearing; or (2) for a child not in custody, within a reasonable time of the filing of the motion. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 66 MINNESOTA COURT RULES (B) Advisory. Prior to the child admitting or denying the violation, the court shall advise the child of the following: (1) that the child is entitled to counsel appointed at public expense at all stages of the proceedings; (2) that, unless waived, a revocation hearing will be commenced to determine whether there is clear and convincing evidence that the child violated a dispositional order of the court and whether the court should change the existing dispositional order because of the violation; (3) that before the revocation hearing, all evidence to be used against the child shall be disclosed to the child and the child shall be provided access to all official records pertinent to the proceedings; (4) that at the hearing, both the prosecuting attorney and the child shall have the right to offer evidence, present arguments, subpoena witnesses, and call and cross-examine witnesses. Additionally, the child shall have the right at the hearing to present mitigating circumstances or other reasons why the violation, if proved, should not result in revocation; and (5) that the child has the right of appeal from the determination of the court following the revocation hearing. (C) Denial. If the child denies the allegations, the matter shall be set for a revocation hearing which shall be held in accordance with the provisions of Rule 15.07, subdivision 4. Subd. 4. Revocation Hearing. (A) Generally. At the hearing, both the prosecuting attorney and the child shall have the right to offer evidence, present arguments, subpoena witnesses, and call and cross-examine witnesses, provided, however, that the child may be denied confrontation by the court when good cause is shown that a substantial risk of serious harm to others would exist if it were allowed. Additionally, the child shall have the right at the hearing to present mitigating circumstances or other reasons why the violation, if proved, should not result in revocation. (B) Timing. The revocation hearing shall be held within seven (7) days after the child is taken into custody or, if the child is not in custody, within a reasonable time after the filing of the denial. If the child has allegedly committed a new offense, the court may postpone the revocation hearing pending disposition of the new offense whether or not the child is in custody. (C) Violation Not Proved. If the court finds that a violation of the dispositional order has not been established by clear and convincing evidence, the revocation proceedings shall be dismissed, and the child shall continue under the dispositional order previously ordered by the court. (D) Violation Proved. If the court finds by clear and convincing evidence, or the child admits violating the terms of the dispositional order, the court may proceed as follows: (1) order a disposition pursuant to Minnesota Statutes, section 260B.198; or (2) for a child who was previously granted a continuance without adjudication pursuant to Rule 15.05, subdivision 4, adjudicate the child and order a disposition pursuant to Minnesota Statutes, section 260B.198. The dispositional order shall comply with Rule 15.05, subdivisions 2 and 3. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 67 JUVENILE COURT MINNESOTA COURT RULES