MN HF3453

Restraints may not be used on children in juvenile court proceedings unless the court finds restraints are necessary to prevent physical harm or substantial flight risk, and no less restrictive alternatives exist.

Court must consider the child's behavior history, provide the child an opportunity to be heard before ordering restraints, and make written findings of fact if restraints are ordered.

Each judicial district must develop a protocol by April 1, 2021 to implement restraint requirements in consultation with law enforcement, prosecutors, and public defenders.

Before detaining a child, facility supervisors must use an objective, racially, ethnically, and gender-responsive detention risk assessment instrument developed by the commissioner of corrections, county, or judicial district.

The risk assessment instrument must evaluate whether a released child would endanger others or fail to return for court, and identify appropriate settings including continued detention or community-based supervision options.