Fines and fees elimination in juvenile proceedings

A bill for an act

relating to public safety; eliminating fines and fees in juvenile proceedings;

amending Minnesota Statutes 2024, sections 260B.188, subdivision 1; 260B.198,

subdivision 1; 260B.225, subdivision 9; 260B.235, subdivision 4; 260B.331,

subdivision 1; 340A.703; Minnesota Statutes 2025 Supplement, section 169.686,

subdivision 1; repealing Minnesota Statutes 2024, section 260B.331, subdivision

5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 169.686, subdivision 1, is amended

to read:

Subdivision 1.

Seat belt requirement.

(a) Except as provided in section
169.685
, a

properly adjusted and fastened seat belt, including both the shoulder and lap belt when the

vehicle is so equipped, must be worn by the driver and passengers of a passenger vehicle,

commercial motor vehicle, type III vehicle, and type III Head Start vehicle. Notwithstanding

the equipment exemption in section
169.685, subdivision 1
, this paragraph applies to the

driver and passengers of an autocycle equipped with seat belts. This paragraph applies to

the operator and passengers of a class 2 all-terrain vehicle, as defined in section
84.92,

subdivision 10
, when operated on or within the right-of-way of a public road when the

all-terrain vehicle is factory-equipped with seat belts.

(b)
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A person who is 15 years of age or older and who violates paragraph (a) is subject

to a fine of $25. The driver of the vehicle in which a violation occurs is subject to a $25

fine for each violation of paragraph (a) by the driver or by a passenger under the age of 15,

but the court may not impose more than one surcharge under section
357.021, subdivision

6
, on the driver.
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The Department of Public Safety must not record a violation of this

subdivision on a person's driving record.

(c) The driver of a bus is not subject to the fine under paragraph (b) for a violation of

paragraph (a) by a passenger under the age of 15. This paragraph does not apply to: (1) a

school bus, including a type III vehicle; and (2) a Head Start bus, including a type III Head

Start vehicle.

Sec. 2.

Minnesota Statutes 2024, section 260B.188, subdivision 1, is amended to read:

Subdivision 1.

Medical aid.

If a child is taken into custody as provided in section

260B.175
and detained in a local juvenile secure detention facility or shelter care facility,

or if a child is sentenced by the juvenile court to a local correctional facility as defined in

section
241.021,
subdivision 1i, the child's county of residence shall pay the costs of medical

services provided to the child during the period of time the child is residing in the facility.
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The county of residence is entitled to reimbursement from the child or the child's family

for payment of medical bills to the extent that the child or the child's family has the ability

to pay for the medical services. If there is a disagreement between the county and the child

or the child's family concerning the ability to pay or whether the medical services were

necessary, the court with jurisdiction over the child shall determine the extent, if any, of

the child's or the family's ability to pay for the medical services or whether the services are

necessary.
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If the child is covered by health or medical insurance or a health plan when

medical services are provided, the county paying the costs of medical services has a right

of subrogation to be reimbursed by the insurance carrier or health plan for all amounts spent

by it for medical services to the child that are covered by the insurance policy or health

plan, in accordance with the benefits, limitations, exclusions, provider restrictions, and other

provisions of the policy or health plan. The county may maintain an action to enforce this

subrogation right. The county does not have a right of subrogation against the medical

assistance program or the MinnesotaCare program.

Sec. 3.

Minnesota Statutes 2024, section 260B.198, subdivision 1, is amended to read:

Subdivision 1.

Court order, findings, remedies, treatment.

(a) If the court finds that

the child is delinquent, it shall enter an order making any of the following dispositions of

the case which are deemed necessary to the rehabilitation of the child:

(1) counsel the child or the parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person

in the child's own home under conditions prescribed by the court including reasonable rules

for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed

for the physical, mental, and moral well-being and behavior of the child, or with the consent

of the commissioner of corrections, in a group foster care facility which is under the

management and supervision of said commissioner;

(3) if the court determines that the child is a danger to self or others, subject to the

supervision of the court, transfer legal custody of the child to one of the following:

(i) a child-placing agency;

(ii) the local social services agency;

(iii) a reputable individual of good moral character. No person may receive custody of

two or more unrelated children unless licensed as a residential facility pursuant to sections

245A.01
to
245A.16
;

(iv) a county home school, if the county maintains a home school or enters into an

agreement with a county home school; or

(v) a county probation officer for placement in a group foster home established under

the direction of the juvenile court and licensed pursuant to section
241.021
;

(4) transfer legal custody by commitment to the commissioner of corrections;

(5) if the child is found to have violated a state or local law or ordinance which has

resulted in damage to the person or property of another, the court may order the child to

make reasonable restitution for such damage;

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(6) require the child to pay a fine of up to $1,000. The court shall order payment of the

fine in accordance with a time payment schedule which shall not impose an undue financial

hardship on the child;

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(7)
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(6)
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if the child is in need of special treatment and care for reasons of physical or

mental health, the court may order the child's parent, guardian, or custodian to provide it.

If the parent, guardian, or custodian fails to provide this treatment or care, the court may

order it provided;

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(8)
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(7)
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if the court believes that it is in the best interests of the child and of public safety

that the driver's license of the child be canceled until the child's 18th birthday, the court

may recommend to the commissioner of public safety the cancellation of the child's license

for any period up to the child's 18th birthday, and the commissioner is hereby authorized

to cancel such license without a hearing. At any time before the termination of the period

of cancellation, the court may, for good cause, recommend to the commissioner of public

safety that the child be authorized to apply for a new license, and the commissioner may so

authorize;

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(9)
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(8)
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if the court believes that it is in the best interest of the child and of public safety

that the child is enrolled in school, the court may require the child to remain enrolled in a

public school until the child reaches the age of 18 or completes all requirements needed to

graduate from high school. Any child enrolled in a public school under this clause is subject

to the provisions of the Pupil Fair Dismissal Act in chapter 127;

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(10)
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(9)
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if the child is petitioned and found by the court to have committed a controlled

substance offense under sections
152.021
to
152.027
, the court shall determine whether the

child unlawfully possessed or sold the controlled substance while driving a motor vehicle.

If so, the court shall notify the commissioner of public safety of its determination and order

the commissioner to revoke the child's driver's license for the applicable time period specified

in section
152.0271
. If the child does not have a driver's license or if the child's driver's

license is suspended or revoked at the time of the delinquency finding, the commissioner

shall, upon the child's application for driver's license issuance or reinstatement, delay the

issuance or reinstatement of the child's driver's license for the applicable time period specified

in section
152.0271
. Upon receipt of the court's order, the commissioner is authorized to

take the licensing action without a hearing;

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(11)
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(10)
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if the child is petitioned and found by the court to have committed or attempted

to commit an act in violation of section
609.342
;
609.343
;
609.344
;
609.345
;
609.3451
;

609.746, subdivision 1
;
609.79
; or
617.23
, or another offense arising out of a delinquency

petition based on one or more of those sections, the court shall order an independent

professional assessment of the child's need for sex offender treatment. An assessor providing

an assessment for the court must be experienced in the evaluation and treatment of juvenile

sex offenders. If the assessment indicates that the child is in need of and amenable to sex

offender treatment, the court shall include in its disposition order a requirement that the

child undergo treatment. Notwithstanding section
13.384
,
13.85
,
144.291
to 144.298, or

260B.171, or chapter 260E, the assessor has access to the following private or confidential

data on the child if access is relevant and necessary for the assessment:

(i) medical data under section
13.384
;

(ii) corrections and detention data under section
13.85
;

(iii) health records under sections
144.291
to
144.298
;

(iv) juvenile court records under section
260B.171
; and

(v) local welfare agency records under chapter 260E.

Data disclosed under this clause may be used only for purposes of the assessment and

may not be further disclosed to any other person, except as authorized by law; or

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(12)
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(11)
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if the child is found delinquent due to the commission of an offense that would

be a felony if committed by an adult, the court shall make a specific finding on the record

regarding the juvenile's mental health and chemical dependency treatment needs.

(b) Any order for a disposition authorized under this section shall contain written findings

of fact to support the disposition ordered and shall also set forth in writing the following

information:

(1) why the best interests of the child are served by the disposition ordered; and

(2) what alternative dispositions were considered by the court and why such dispositions

were not appropriate in the instant case. Clause (1) does not apply to a disposition under

subdivision 1a.

Sec. 4.

Minnesota Statutes 2024, section 260B.225, subdivision 9, is amended to read:

Subd. 9.

Juvenile major highway or water traffic offender.

If the juvenile court finds

that the child is a juvenile major highway or water traffic offender, it may make any one or

more of the following dispositions of the case:

(1) reprimand the child and counsel with the child and the parents;

(2) continue the case for a reasonable period under such conditions governing the child's

use and operation of any motor vehicles or boat as the court may set;

(3) require the child to attend a driver improvement school if one is available within the

county;

(4) recommend to the Department of Public Safety suspension of the child's driver's

license as provided in section
171.16
;

(5) if the child is found to have committed two moving highway traffic violations or to

have contributed to a highway accident involving death, injury, or physical damage in excess

of $100, the court may recommend to the commissioner of public safety or to the licensing

authority of another state the cancellation of the child's license until the child reaches the

age of 18 years, and the commissioner of public safety is hereby authorized to cancel the

license without hearing. At any time before the termination of the period of cancellation,

the court may, for good cause, recommend to the commissioner of public safety, or to the

licensing authority of another state, that the child's license be returned, and the commissioner

of public safety is authorized to return the license;

(6) place the child under the supervision of a probation officer in the child's own home

under conditions prescribed by the court including reasonable rules relating to operation

and use of motor vehicles or boats directed to the correction of the child's driving habits;

(7) if the child is found to have violated a state or local law or ordinance and the violation

resulted in damage to the person or property of another, the court may order the child to

make reasonable restitution for the damage;
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and
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(8) require the child to pay a fine of up to $1,000. The court shall order payment of the

fine in accordance with a time payment schedule which shall not impose an undue financial

hardship on the child;

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(9)
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(8)
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if the court finds that the child committed an offense described in section
169A.20
,

the court shall order that a chemical use assessment be conducted and a report submitted to

the court in the manner prescribed in section
169A.70
. If the assessment concludes that the

child meets the level of care criteria for placement under rules adopted under section
254A.03,

subdivision 3
, the report must recommend a level of care for the child. The court may require

that level of care in its disposition order.
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In addition, the court may require any child ordered

to undergo an assessment to pay a chemical dependency assessment charge of $75. The

court shall forward the assessment charge to the commissioner of management and budget

to be credited to the general fund.
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The state shall reimburse counties for the total cost of

the assessment in the manner provided in section
169A.284
.

Sec. 5.

Minnesota Statutes 2024, section 260B.235, subdivision 4, is amended to read:

Subd. 4.

Dispositions.

If the juvenile court finds that a child is a petty offender, the court

may:

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(1) require the child to pay a fine of up to $100;

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(2)
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(1)
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require the child to participate in a community service project;

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(3)
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(2)
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require the child to participate in a drug awareness program;

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(4)
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(3)
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order the child to undergo a chemical dependency evaluation and if warranted

by this evaluation, order participation by the child in an outpatient chemical dependency

treatment program;

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(5)
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(4)
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place the child on probation for up to six months or, in the case of a juvenile

alcohol or controlled substance offense, following a determination by the court that the

juvenile is chemically dependent, the court may place the child on probation for a time

determined by the court;

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(6)
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(5)
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order the child to make restitution to the victim; or

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(7)
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(6)
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perform any other activities or participate in any other outpatient treatment

programs deemed appropriate by the court.

In all cases where the juvenile court finds that a child has purchased or attempted to

purchase an alcoholic beverage in violation of section
340A.503
, if the child has a driver's

license or permit to drive, and if the child used a driver's license, permit, Minnesota

identification card, or any type of false identification to purchase or attempt to purchase the

alcoholic beverage, the court shall forward its finding in the case and the child's driver's

license or permit to the commissioner of public safety. Upon receipt, the commissioner shall

suspend the child's license or permit for a period of 90 days.

In all cases where the juvenile court finds that a child has purchased or attempted to

purchase tobacco in violation of
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Minnesota Statutes 2018,
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section
609.685, subdivision 3
,

if the child has a driver's license or permit to drive, and if the child used a driver's license,

permit, Minnesota identification card, or any type of false identification to purchase or

attempt to purchase tobacco, the court shall forward its finding in the case and the child's

driver's license or permit to the commissioner of public safety. Upon receipt, the

commissioner shall suspend the child's license or permit for a period of 90 days.

None of the dispositional alternatives described in clauses (1) to
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(6)
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(5)
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shall be imposed

by the court in a manner which would cause an undue hardship upon the child.

Sec. 6.

Minnesota Statutes 2024, section 260B.331, subdivision 1, is amended to read:

Subdivision 1.

Care, examination, or treatment.

(a)(1) Whenever legal custody of a

child is transferred by the court to a local social services agency, or

(2) whenever legal custody is transferred to a person other than the local social services

agency, but under the supervision of the local social services agency, and

(3) whenever a child is given physical or mental examinations or treatment under order

of the court, and no provision is otherwise made by law for payment for the care,

examination, or treatment of the child, these costs are a charge upon the welfare funds of

the county in which proceedings are held upon certification of the judge of juvenile court.

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(b) The court may order, and the local social services agency may require, the parents

or custodian of a child, while the child is under the age of 18, to use income and resources

attributable to the child for the period of care, examination, or treatment, except for clothing

and personal needs allowance as provided in section
256B.35
, to reimburse the county for

the cost of care, examination, or treatment. Income and resources attributable to the child

include, but are not limited to, Social Security benefits, Supplemental Security Income

(SSI), veterans benefits, railroad retirement benefits and child support. When the child is

over the age of 18, and continues to receive care, examination, or treatment, the court may

order, and the local social services agency may require, reimbursement from the child for

the cost of care, examination, or treatment from the income and resources attributable to

the child less the clothing and personal needs allowance. The local social services agency

shall determine whether requiring reimbursement, either through child support or parental

fees, for the cost of care, examination, or treatment from income and resources attributable

to the child is in the child's best interests. In determining whether to require reimbursement,

the local social services agency shall consider:

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(1) whether requiring reimbursement would compromise a parent's ability to meet the

child's treatment and rehabilitation needs before the child returns to the parent's home;

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(2) whether requiring reimbursement would compromise the parent's ability to meet the

child's needs after the child returns home; and

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(3) whether redirecting existing child support payments or changing the representative

payee of social security benefits to the local social services agency would limit the parent's

ability to maintain financial stability for the child upon the child's return home.

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(c) If the income and resources attributable to the child are not enough to reimburse the

county for the full cost of the care, examination, or treatment, the court may inquire into

the ability of the parents to reimburse the county for the cost of care, examination, or

treatment and, after giving the parents a reasonable opportunity to be heard, the court may

order, and the local social services agency may require, the parents to contribute to the cost

of care, examination, or treatment of the child. When determining the amount to be

contributed by the parents, the court shall use a fee schedule based upon ability to pay that

is established by the local social services agency and approved by the commissioner of

children, youth, and families. The court shall take into account any expenses that the parents

may have incurred as a result of the offense, including but not limited to co-payments for

mental health treatment and attorney fees. The income of a stepparent who has not adopted

a child shall be excluded in calculating the parental contribution under this section. The

local social services agency shall determine whether requiring reimbursement from the

parents, either through child support or parental fees, for the cost of care, examination, or

treatment from income and resources attributable to the child is in the child's best interests.

In determining whether to require reimbursement, the local social services agency shall

consider:

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(1) whether requiring reimbursement would compromise a parent's ability to meet the

child's treatment and rehabilitation needs before the child returns to the parent's home;

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(2) whether requiring reimbursement would compromise the parent's ability to meet the

child's needs after the child returns home; and

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(3) whether requiring reimbursement would compromise the parent's ability to meet the

needs of the family.

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(d) If the local social services agency determines that requiring reimbursement is in the

child's best interests, the court shall order the amount of reimbursement attributable to the

parents or custodian, or attributable to the child, or attributable to both sources, withheld

under chapter 518A from the income of the parents or the custodian of the child. A parent

or custodian who fails to pay without good reason may be proceeded against for contempt,

or the court may inform the county attorney, who shall proceed to collect the unpaid sums,

or both procedures may be used.

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(e)
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(b)
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If the court orders a physical or mental examination for a child, the examination

is a medically necessary service for purposes of determining whether the service is covered

by a health insurance policy, health maintenance contract, or other health coverage plan.

Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical

necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of

coverage, co-payments or deductibles, provider restrictions, or other requirements in the

policy, contract, or plan that relate to coverage of other medically necessary services.

Sec. 7.

Minnesota Statutes 2024, section 340A.703, is amended to read:

340A.703 MISDEMEANORS.

Where no other penalty is specified a violation of any provision of this chapter is a

misdemeanor.
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A minimum fine of $100 must be assessed against a person under the age of

21 years who violates section
340A.503
.
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Sec. 8.
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REPEALER.
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Minnesota Statutes 2024, section 260B.331, subdivision 5,

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is repealed.

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APPENDIX

Repealed Minnesota Statutes: 26-07531

260B.331 COSTS OF CARE.

Subd. 5.

Attorney fees.

(a) In proceedings in which the court has appointed counsel pursuant to section
260B.163, subdivision 4
, for a minor unable to employ counsel, the court shall inquire into the ability of the parents to pay for such counsel's services and, after giving the parents a reasonable opportunity to be heard, may order the parents to pay attorney fees.

(b) The court may order a parent under paragraph (a) to reimburse the state for the cost of the child's appointed counsel. In determining the amount of reimbursement, the court shall consider the parent's income, assets, and employment. If reimbursement is required under this subdivision, the court shall order the reimbursement when counsel is first appointed or as soon as possible after the court determines that reimbursement is required. The court may accept partial reimbursement from a parent if the parent's financial circumstances warrant establishing a reduced reimbursement schedule. If the parent does not agree to make payments, the court may order the parent's employer to withhold a percentage of the parent's income to be turned over to the court.