MINNESOTA COURT RULES

JUVENILE COURT

RULES OF JUVENILE PROTECTION PROCEDURE

RULE 25.JURISDICTION TO AGE 18 AND CONTINUED REVIEW AFTER AGE 18

Rule 25.01.Continuing Jurisdiction to Age 18

Unless terminated by the court pursuant to Minnesota Statutes, section 260C.193, subdivision 6, paragraph (b), jurisdiction of the court shall continue until the child becomes 18 years of age.

Rule 25.02.Continuing Jurisdiction to Age 19

The court may continue jurisdiction over an individual and all other parties to the proceeding until the individual's 19th birthday as provided by Minnesota Statutes, section 260C.193, subdivision 6, paragraph (c).

Rule 25.03.Continuing Jurisdiction and Review after Child's Eighteen Birthday

Subd. 1.Jurisdiction over Children in Foster Care.

Jurisdiction over a child in foster care pursuant to Minnesota Statutes, section 260C.451, shall continue until the child becomes 21 years of age for the purpose of conducting the reviews required under Minnesota Statutes, section 260C.203; 260C.317, subdivision 3; or 260C.515, subdivision 5 or 6.

Subd. 2.Orders for Guardianship or Legal Custody Terminate.

Any order establishing guardianship under Minnesota Statutes, sections 260C.325, and 260C.515, subdivision 3, any legal custody order under Minnesota Statutes, section 260C.201, subdivision 1, and any order for legal custody associated with an order for permanent custody under Minnesota Statutes, section 260C.515, subdivision 5, terminates on the child's 18th birthday. The responsible social services agency has legal responsibility for the individual's placement and care when the matter continues under court jurisdiction pursuant to Minnesota Statutes, section 260C.193, or when the individual and the responsible agency execute a voluntary placement agreement pursuant to Minnesota Statutes, section 260C.229.

Subd. 3.Notice of Termination of Foster Care.

When a child in foster care between the ages of 18 and 21 ceases to meet one of the eligibility criteria of Minnesota Statutes, section 260C.451, subdivision 3a, termination of the child's ability to remain in foster care shall be addressed according to the requirements of Minnesota Statutes, section 260C.451, subdivision 8.

Subd. 4.Required Notice to Child.

Jurisdiction over a child in foster care pursuant to Minnesota Statutes, section 260C.451, shall not be terminated without giving the child notice of any motion or proposed order to terminate jurisdiction and an opportunity to be heard on the appropriateness of the resolution.

Subd. 5.Terminating Jurisdiction when Child Age 18 or Older Leaves Foster Care.

When a child 18 or older in foster care pursuant to Minnesota Statutes, section 260C.451, asks to leave foster care or actually leaves foster care, the court may terminate its jurisdiction.

Subd. 6.Review after Re-Entry into Foster Care after Age 18.

When a child re-enters foster care after age 18 pursuant to Minnesota Statutes, section 260C.451, subdivision 6, the child's placement shall be pursuant to a voluntary placement agreement with the child under Minnesota Statutes, section 260C.229. If the child is not already under court jurisdiction pursuant to Minnesota Statutes, section 260C.193, subdivision 6, review of the voluntary placement agreement between the child and the agency shall be according to Minnesota Statutes, section 260C.229, paragraph (b).

2019 Advisory Committee Comment

Rule 25 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 51. The amendments are not intended to substantively change the rule's meaning.