Juvenile Court in Minnesota
• Minnesota Statutes Chapters 260B (delinquency) and 260C (CHIPS).
• “child” or “minor” is an individual under age 18.
• Jurisdiction: Every county in Minnesota has a District Court. District
Courts have original and exclusive jurisdiction over any child alleged
to be delinquent. Delinquency cases are typically heard in juvenile
court which is a branch of the District Court. Juvenile courts have
jurisdiction over the person who has custody or control over the child
and that person is required to be present at all hearings. Other
parents or legal guardians shall receive notice of all hearings.
260B.151.
• Juvenile delinquency proceedings are brought in the county where
the offense occurred. Disposition (sentencing) occurs in the county
where the juvenile resides. 260B.105
• “delinquent” – a child who has violated any state or local law or
federal law or law of another state. Juvenile court jurisdiction cannot
extend beyond age 19. 260B.193, subd. 5(a)
• Age 10: children age 10 and older can be summoned to juvenile court and
found to be delinquent. 260C.007, subd. 6(12)
• Age: 14: children ages 14 and older who are charged with a felony-level
offense can be certified as an adult and transferred to adult court.
260B.125.
• Ages 14-17: the prosecutor can request delinquency proceedings be
designated an extended jurisdiction juvenile (EJJ) if the child was ages 14-17
at the time of the alleged offense. If a child is found guilty in an EJJ
prosecution, the child is given both a juvenile sentence and an adult
sentence. If the child fails to complete the juvenile sentence, the adult
sentence is imposed. 260B.130
• Age 16: if the offense was a felony and the offense was committed by a
child who was at least 16 at the time the offense was committed, the court
shall open the delinquency hearings to the public. 260B.163, subd. 1
• Age 16: children ages 16 and 17, if alleged to have committed murder in
the 1st degree, cannot be found to be delinquent. They must go to adult
court.
Mental Health Services
• When the juvenile court orders disposition in a delinquency matter,
mental health services due any child … shall be made a part of any
disposition affecting that child. Minn. Stat. 245.487, subd. 2. If the
child’s mental health is in question, the court typically orders a mental
health screening. The screening must be conducted by a mental
health practitioner or a probation officer or social worker trained in
the use of the screening instrument. The court or county agency
must obtain written informed consent from the parent or legal
guardian before a mental health screening is conducted unless the
court, notwithstanding the parent’s failure to consent, determines
that the screening is in the child’s best interest and orders the
screening be done. A screening is not required when a screening or
diagnostic assessment has been performed within the previous 180
days or the child is currently under the care of a mental health
professional. 245.4874, subd. 1 (14)(c)(d)
Rules of Juvenile Delinquency
Procedure
Competency
• Rule 20: A child is incompetent and shall not be
permitted to enter a plea, be tried, or receive a
disposition for any offense when the child lacks
sufficient ability to:
• (1) consult with a reasonable degree of rational
understanding with the child’s counsel; or
• (2) understand the proceedings or participate in
the defense due to mental illness or mental
deficiency.
•
•
•
•
•
•
•
The prosecuting attorney, the child’s counsel or the court shall bring a motion to
determine the competency of the child if there is reason to doubt the competency
of the child during the pending proceedings. When such motion is made, the judge
must suspend the proceedings and proceed as follows:
Appoint at least one examiner as defined in the Minnesota Commitment Act,
chapter 253B, to examine the child and report to the court on the child’s mental
condition.
The court may not order confinement for the examination if the child is otherwise
entitled to release and if the examination can be done adequately on an outpatient
basis. The court may require the completion of an outpatient examination as a
condition of release.
The court may order confinement for an inpatient examination for a specified period
not to exceed sixty days if the examination cannot be adequately done on an
outpatient basis or if the child is not released.
The child’s attorney and the prosecuting attorney may each request an additional
examination by a different examiner.
The examiner must promptly notify the court if the child presents as an imminent
risk of serious danger to another person, is imminently suicidal, or otherwise needs
emergency intervention.
Within sixty days, the examiner must send a written report to the judge who
ordered the examination, the prosecuting attorney and the child’s counsel.
Courts do not do crisis intervention.
• The juvenile justice system should not be the last resort for kids with
mental health problems, nor should it be the first time mental health
needs are identified and addressed by a mental health provider.
• Juvenile court judges are asked to understand the myriad of underlying
factors that affect the lives of juveniles and their families. One of the most
pervasive of these factors is exposure to trauma. Research has repeatedly
shown that the majority of youth in the juvenile justice system have
experienced traumatic events. Rates of PTSD in juvenile justice-involved
youth are estimated between 3%-50% making it comparable to the PTSD
rates of soldiers returning from deployment in Iraq.
• Courts need to recognize and address the role of trauma in the lives of
youth. A trauma-informed juvenile justice system understands that youth
who are chronically exposed to trauma are often hypervigilant and can be
easily triggered into a defensive or aggressive response toward adults and
peers.
• It does not go unnoticed by juveniles when
their safety and well-being is not addressed
but their delinquent behavior is. Such
paradoxes/frustrations can increase the
likelihood that juveniles will respond defiantly
and with hostility toward court personnel and
other professionals who are in positions of
authority.
• Every county attorney is required to establish a
pretrial diversion program for juveniles. Among
the goals of this diversion program are (1)
providing eligible juveniles with an alternative to
adjudication that emphasizes restorative justice,
and (2) developing responsible alternatives to
the juvenile justice system for eligible offenders.
Goals shall be established for each offender
using appropriate community resources, and
also, referrals for assessments and treatment can
be made as determined appropriate. 382.24.
• The U.S. Supreme Court has recently attempted to define juveniles
and separate them from the usual criminal court proceedings,
specifically, sentencing. The Supreme Court has declared that
juveniles are “constitutionally different than adults for purposes of
sentencing.” The Court noted that juveniles may have a lack of
maturity and an underdeveloped sense of responsibility leading
them to recklessness, impulsivity and risk-taking behavior. The
Court also recognized that juveniles are more vulnerable to
negative influences and have limited control over their
environment. The Court determined that the Eighth Amendment
requires that punishment for crime should be graduated and
proportioned to both the offender and the offense. Sentencing
provisions that prevent the judge from considering mitigating
factors such as the age of the offender and the offender’s
background, mental and emotional development in these types of
(serious) cases are unconstitutional. Miller v. Alabama, 132 S.Ct.
2455 (2012).