1.1.................... moves to amend H.F. No. 1423 as follows:
1.2Page 33, after line 7, insert:

1.3    "Sec. 12. Minnesota Statutes 2010, section 260C.157, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Juvenile treatment screening team. (a) The responsible social services
1.6agency shall establish a juvenile treatment screening team to conduct screenings and
1.7prepare case plans under this subdivision section 245.487, subdivision 3, and chapters
1.8260C and 260D. Screenings shall be conducted within 15 days of a request for a screening.
1.9The team, which may be the team constituted under section 245.4885 or 256B.092 or
1.10Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile
1.11justice professionals, and persons with expertise in the treatment of juveniles who are
1.12emotionally disabled, chemically dependent, or have a developmental disability. The team
1.13shall involve parents or guardians in the screening process as appropriate, and the child's
1.14parent, guardian, or permanent legal custodian under section 260C.201, subdivision 11.
1.15The team may be the same team as defined in section 260B.157, subdivision 3.
1.16(b) The social services agency shall determine whether a child brought to its
1.17attention for the purposes described in this section is an Indian child, as defined in section
1.18260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as
1.19defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
1.20the team provided in paragraph (a) shall include a designated representative of the Indian
1.21child's tribe, unless the child's tribal authority declines to appoint a representative. The
1.22Indian child's tribe may delegate its authority to represent the child to any other federally
1.23recognized Indian tribe, as defined in section 260.755, subdivision 12.
1.24(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
1.25(1) for the primary purpose of treatment for an emotional disturbance, a
1.26developmental disability, or chemical dependency in a residential treatment facility out
2.1of state or in one which is within the state and licensed by the commissioner of human
2.2services under chapter 245A; or
2.3(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
2.4postdispositional placement in a facility licensed by the commissioner of corrections or
2.5human services, the court shall ascertain whether the child is an Indian child and shall
2.6notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
2.7child's tribe. The county's juvenile treatment screening team must either: (i) screen and
2.8evaluate the child and file its recommendations with the court within 14 days of receipt
2.9of the notice; or (ii) elect not to screen a given case and notify the court of that decision
2.10within three working days.
2.11(d) If the screening team has elected to screen and evaluate the child, The child
2.12may not be placed for the primary purpose of treatment for an emotional disturbance, a
2.13developmental disability, or chemical dependency, in a residential treatment facility out of
2.14state nor in a residential treatment facility within the state that is licensed under chapter
2.15245A, unless one of the following conditions applies:
2.16(1) a treatment professional certifies that an emergency requires the placement
2.17of the child in a facility within the state;
2.18(2) the screening team has evaluated the child and recommended that a residential
2.19placement is necessary to meet the child's treatment needs and the safety needs of the
2.20community, that it is a cost-effective means of meeting the treatment needs, and that it
2.21will be of therapeutic value to the child; or
2.22(3) the court, having reviewed a screening team recommendation against placement,
2.23determines to the contrary that a residential placement is necessary. The court shall state
2.24the reasons for its determination in writing, on the record, and shall respond specifically
2.25to the findings and recommendation of the screening team in explaining why the
2.26recommendation was rejected. The attorney representing the child and the prosecuting
2.27attorney shall be afforded an opportunity to be heard on the matter.
2.28(e) When the county's juvenile treatment screening team has elected to screen and
2.29evaluate a child determined to be an Indian child, the team shall provide notice to the
2.30tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
2.31member of the tribe or as a person eligible for membership in the tribe, and permit the
2.32tribe's representative to participate in the screening team.
2.33(f) When the Indian child's tribe or tribal health care services provider or Indian
2.34Health Services provider proposes to place a child for the primary purpose of treatment
2.35for an emotional disturbance, a developmental disability, or co-occurring emotional
2.36disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
3.1the child's tribe shall submit necessary documentation to the county juvenile treatment
3.2screening team, which must invite the Indian child's tribe to designate a representative to
3.3the screening team.
3.4EFFECTIVE DATE.This section is effective August 1, 2011."
3.5Renumber the sections in sequence and correct the internal references
3.6Amend the title accordingly