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MINNESOTA COURT RULES

JUVENILE COURT

Minnesota Rules of Adoption Procedure

Rules effective January 1, 2005
With amendments effective September 1, 2012

TABLE OF HEADNOTES

Rule 1. Scope and Purpose
1.01Scope
1.02Purpose
Rule 2. Definitions
2.01Definitions
Rule 3. Applicability of Other Rules and Statutes
3.01Rules of Civil Procedure
3.02Rules of Evidence
3.03Rules of Guardian Ad Litem Procedure
3.04Indian Child Welfare Act and Other Minnesota Statutes
3.05Court Interpreter Statutes, Rules, and Court Policies
3.06Interstate Compact on the Placement of Children
3.07Human Services Licensing Act
Rule 4. Time; Timelines
4.01Computation of Time
4.02Additional Time After Service by Means Other than Mail
Rule 5. Continuances
5.01Findings
5.02Notice of Continuance
5.03Existing Orders; Interim Orders
Rule 6. Referees and Judges
6.01Referee Authorization to Hear Matter
6.02Objection to Referee Presiding Over Matter
6.03Removal of Particular Referee
6.04Transmittal of Referee's Findings and Recommended Order
6.05Review of Referee's Findings and Recommended Order
6.06Order of the Court
6.07Removal of Judge
Rule 7. Access to Adoption Case Records and Birth Record Information
7.01Access to Adoption Case Records Limited
7.02Petition to Access Adoption Case Records and Birth Record Information
7.03Stepparent Adoption
7.04Disclosure to Employer and Military Prohibited
7.05Protective Order
7.06Suitability of Proposed Adoptive Parents
7.07Release of Identifying Information
7.08Access to Original Birth Record Information; Decision
7.09Information to Adopted Persons and Others About Access to Birth and Adoption Records
Rule 8. Presence at Hearings
8.01Attendance at Hearings
8.02Absence Does Not Bar Hearing
8.03Exclusion of Persons Who Have Right to Attend Hearings
8.04Record of Exclusion and Right to Continued Participation
Rule 9. Ex Parte Communication
9.01Ex Parte Communication Prohibited
9.02Disclosure
Rule 10. Orders
10.01Written or Oral Orders
10.02Immediate Effect of Oral Order
10.03Delivery; Mailing
10.04Notice of Filing of Order and Adoption Decree
Rule 11. Recording and Transcripts
11.01Procedure
11.02Availability of Transcripts
11.03Expense
Rule 12. Use of Telephone and Interactive Video
12.01Motions and Conferences
12.02Hearings and Taking Testimony
12.03In Court Appearance Not Precluded
Rule 13. Subpoenas
13.01Subpoena for a Hearing or Trial
13.02Form; Purpose; Notice
13.03Service
13.04Motion to Quash a Subpoena
13.05Objection
13.06Subpoena for Taking Deposition; Place of Deposition
13.07Expenses
13.08Failure to Appear
Rule 14. Contempt
14.01Initiation
14.02Supporting and Responsive Affidavits
14.03Hearing
14.04Sentencing
Rule 15. Motions
15.01Form
15.02Service and Notice of Motion
15.03Ex Parte Motion
Rule 16. Signing of Pleadings, Motions, and Other Documents; Sanctions
16.01Signing of Pleadings, Motions, and Other Documents
16.02Sanctions
Rule 17. Discovery
17.01Applicability
17.02Regulation of Discovery
Rule 18. Default
18.01Procedure
Rule 19. Settlement
19.01Generally
19.02Partial Settlement
19.03Content of Settlement Agreement
19.04Procedure
Rule 20. Parties
20.01Party Status
20.02Rights to Parties
20.03Parties' Addresses
Rule 21. Intervention
21.01Intervention of Right
21.02Parent Intervention Prohibited
21.03Permissive Intervention
21.04Effect of Intervention
Rule 22. Joinder
22.01Procedure
Rule 23. Right to Representation; Appointment of Counsel
23.01Right to Representation
23.02Appointment of Counsel
23.03Representation of Responsible Social Services Agency
23.04Biological Parent Counsel in Direct Placement Adoption
23.05Certificate of Representation
23.06Withdrawal of Counsel
23.07Appointment of Counsel in Adoption Involving an Indian Child
Rule 24. Guardian Ad Litem
24.01Appointment
24.02Responsibilities
24.03Reimbursement
Rule 25. Methods of Filing and Service
25.01Types of Filing
25.02Types of Service
25.03Service by Facsimile Transmission
25.04Service Upon Counsel; Social Services Agency
25.05Service of Subpoena
25.06Completion of Service
25.07Proof of Service
Rule 26. Commencement of Adoption Matter
26.01Commencement of an Adoption Matter
26.02Post-Permanency Review Hearings Continue
Rule 27. Stepparent Adoption
Rule 28. Agency Adoption
Rule 29. Direct Placement Adoption
29.01Notice of Motion and Motion for a Preadoptive Custody Order
29.02Timing
29.03Content
29.04Decision and Order
Rule 30. Intercountry Adoptions
30.01Adoption of a Child by a Resident of Minnesota Under the Laws of a Foreign Country
30.02Adoption Under the Laws of Minnesota of a Child Born in Another Country
30.03Post-Adoption Report
Rule 31. Notice of Final Hearing or Trial
31.01Notice
31.02Notice Not Required
31.03Content of Notice of Hearing
31.04Service of Notice of Hearing
Rule 32. Minnesota Fathers' Adoption Registry
32.01Requirement to Search Minnesota Fathers' Adoption Registry Before Adoption Petition Granted; Proof of Search
32.02Fees for Minnesota Fathers' Adoption Registry
Rule 33. Consent to Adoption
33.01Persons and Agencies Required to Consent
33.02Notice of Intent to Consent to Adoption
33.03Execution of Consent to Adoption
33.04Timing of Consent
33.05Failure to Execute Consent
33.06Agreement Conferring Authority to Place for Adoption
33.07Consent to a Direct Placement Adoption Under Minnesota Statutes, Section 259.47
33.08Revocation of Consent to Adoption of a Non-Indian Child Under Minnesota Statutes, Section 259.24
33.09Consent to Adoption of an Indian Child
Rule 34. Communication or Contact Agreement
34.01Persons Who May Enter Into a Communication or Contact Agreement
34.02Filing of Agreement
34.03Written Order Required
34.04Timing
34.05Requirements for Entry of Order
34.06Service of Order
34.07Enforcement - Family Court
34.08Failure to Comply with Order
34.09Modification
Rule 35. Petition
35.01Residency of Petitioner
35.02Residency of Child to be Adopted
35.03Timing
35.04Conditions for Filing Petition for Adoption of a Child; Exceptions
35.05Content
35.06Verification
35.07Amendment
35.08Statement of Expenses
Rule 36. Actions Upon Filing of Petition
Rule 37. Adoption Study and Background Study
37.01Adoption Study and Background Study Required; Exception
37.02Adoption Study Report
37.03Direct Placement Adoption; Background Study Incomplete
37.04Background Study; Timing
37.05Updates to Adoption Study Report; Period of Validity
37.06Filing of Adoption Study Report
37.07Foster Parent Assessment May be Used for Adoption Study
Rule 38. Post-Placement Assessment Report
38.01Timing
38.02Content
38.03Background Study
38.04Waiver by Court
Rule 39. Answer When Contested Adoption Matter
39.01Answer When Contested
39.02Notice of Contested Adoption
39.03Pretrial Conference
Rule 40. Voluntary Withdrawal; Involuntary Dismissal; Summary Judgment
40.01Voluntary Withdrawal of Petition
40.02Involuntary Dismissal of Petition
40.03Summary Judgment
Rule 41. Final Hearing in Uncontested Matters
41.01Generally
41.02Commencement
41.03Hearing Procedure
41.04Standard of Proof
41.05Timing of Decision
Rule 42. Consolidation; Bifurcation
42.01Consolidation Generally
42.02Consolidation with Other Proceedings; Competing Petitions
42.03Bifurcation
Rule 43. Pretrial Conference in Contested Matters
43.01Timing
43.02Purpose
43.03Pretrial Order
Rule 44. Trial in Contested Matters
44.01Generally
44.02Commencement
44.03Trial Procedure
44.04Standard of Proof
44.05Motion for Judgment at Conclusion of Trial
44.06Timing of Decision; Delay of Issuance of Order if Adoption Assistance Not Yet Acted Upon
Rule 45. Findings of Fact, Conclusions of Law, Order for Judgment, and Adoption Decree
45.01Denial of Adoption Petition
45.02Granting Adoption Petition
45.03Findings of Fact, Conclusions of Law, Order for Judgment, and Adoption Decree
45.04Filing and Service
Rule 46. Post-Trial Motions
46.01Motion for Amended Findings
46.02Motion for New Trial
46.03Timing of Decision
Rule 47. Relief From Order
47.01Clerical Mistakes
47.02Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud
47.03Invalidation of District Court Action - Indian Child Cases
47.04Vacation of Adoption Decree - Indian Child Cases
Rule 48. Appeal
48.01Applicability of Rules of Civil Appellate Procedure
48.02Procedure
48.03Application for Stay of Trial Court Order
48.04Right to Additional Review
48.05Transcript of Proceedings
48.06Time for Rendering Decisions
Rule 49. Venue
49.01Venue
49.02Request to Transfer Venue
49.03Transfer of Venue Procedures
Rule 50. Adoptive Placements - Indian Child
50.01Placement Preferences
50.02Tribal Resolution for Different Order of Preference; Personal Preference Considered; Anonymity in Application of Preferences
50.03Social and Cultural Standards Applicable
50.04Record of Placement

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