MINNESOTA COURT RULES

JUVENILE COURT

RULES OF JUVENILE PROTECTION PROCEDURE

RULE 34.INTERVENTION

Rule 34.01.Intervention of Right

Subd. 1.Child.

A child who is the subject of the juvenile protection matter shall have the right to intervene as a party.

Subd. 2.Grandparents.

Any grandparent of the child shall have the right to intervene as a party if the child has lived with the grandparent within the two years preceding the filing of the petition.

Subd. 3.Parent.

Any parent who is not a legal custodian of the child shall have the right to intervene as a party.

Subd. 4.Social Services Agency.

The responsible social services agency shall have the right to intervene as a party in a case where the responsible social services agency is not the petitioner.

Rule 34.02.Permissive Intervention

Any person may be permitted to intervene as a party if the court finds that such intervention is in the best interests of the child.

Rule 34.03.Procedure

Subd. 1.Intervention of Right.

A person with a right to intervene pursuant to Rule 34.01 shall file with the court and serve upon all parties and the county attorney a notice of intervention, which shall include the basis for a claim to intervene. The notice of intervention as a matter of right form shall be available from the court administrator. The intervention shall be deemed accomplished upon service of the notice of intervention, unless a party or the county attorney files and serves a written objection within 10 days of the date of service. If a written objection is timely filed and served, the court shall schedule a hearing for the next available date.

Subd. 2.Permissive Intervention.

A person, including the county attorney in a case where the responsible social services agency is not the petitioner, seeking permissive intervention pursuant to Rule 34.02 shall file with the court and serve upon all parties and the county attorney a notice of motion and motion to intervene pursuant to Rule 14. The notice shall state the nature and extent of the person's interest in the child and the reason(s) that the person's intervention would be in the best interests of the child. A hearing on a motion to intervene shall be held within 10 days of the filing of the motion to intervene.

Rule 34.04.Effect of Intervention

The court may conduct hearings, make findings, and issue orders at any time prior to intervention being accomplished or denied. The intervention shall be effective as of the date granted and prior proceedings and decisions of the court shall not be affected.

2019 Advisory Committee Comment

Rule 34 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 23. The amendments are not intended to substantively change the rule's meaning.