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MINNESOTA COURT RULES

JUVENILE COURT

Minnesota Rules of Juvenile Protection Procedure

Rules effective March 1, 2000
Renumbered effective January 1, 2004
With amendments effective September 1, 2012

TABLE OF HEADNOTES

A. Scope and Purpose

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
3.03Indian Child Welfare Act
3.04Rules of Guardian Ad Litem Procedure
3.05Court Interpreter Statutes, Rules, and Court Policies
3.06General Rules of Practice for the District Courts

B. General Operating Rules

Rule 4. Time; Timeline
4.01Computation of Time
4.02Additional Time After Service by Mail or Other Means
4.03Timeline
4.04Sanctions for Violation
4.05Application of Timing Provisions
Rule 5. Continuances
5.01Findings
5.02Notice of Continuance
5.03Existing Orders; Interim Orders
Rule 6. Scheduling Order
6.01Purpose
6.02Order
6.03Amendment
Rule 7. Referees and Judges
7.01Referee Authorization to Hear Matter
7.02Objection to Referee Presiding Over Matter
7.03Removal of Particular Referee
7.04Transmittal of Referee's Findings and Recommended Order
7.05Review of Referee's Findings and Recommended Order
7.06Order of the Court
7.07Removal of Judge
Rule 8. Accessibility to Juvenile Protection Case Records
8.01Presumption of Access to Records
8.02Effective Date
8.03Applicability of Rules of Public Access to Records of the Judicial Branch
8.04Records Not Accessible to the Public or Parties
8.05Access to Exhibits
8.06Access to Court Information Systems
8.07Protective Order
8.08Case Captions and Text of Decisions and Other Records
Rule 9. Ex Parte Communication
9.01Ex Parte Communication Prohibited
9.02Disclosure
Rule 10. Orders
10.01Written or Oral Orders; Timing
10.02Immediate Effect of Oral Order
10.03Method and Timing of Service; Persons to be Served
10.04Notice of Filing of Order
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; Issuance; Notice
13.03Service
13.04Motion to Quash a Subpoena
13.05Objection
13.06Production of Documentary Evidence
13.07Subpoena for Taking Depositions; Place of Examination
13.08Expenses
13.09Failure 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 Motions
15.03Ex Parte Motion and Hearing
15.04Motion to Dismiss Petition
15.05Motion to Strike Document
15.06Obtaining Hearing Date; Notice to Parties
15.07Timing of Decision
Rule 16. Signing of Pleadings, Motions, and Other Documents; Service and Filing of Motions and Other Documents; Sanctions
16.01Signature
16.02Representations to Court
16.03Service and Filing of Motions and Other Documents
16.04Sanctions
Rule 17. Discovery
17.01Disclosure by Petitioner Without Court Order
17.02Disclosure by Other Parties Without Court Order
17.03Information Not Discoverable
17.04Discovery Upon Court Order
17.05Time, Place, and Manner of Discovery
17.06Regulation of Discovery
Rule 18. Default
18.01Failure to Appear
18.02Default Order
Rule 19. Settlement
19.01Generally
19.02Content of Settlement Agreement
19.03Procedure
19.04Objection to Settlement Agreement - Termination of Parental Rights Matters and Permanent Placement Matters
Rule 20. Alternative Dispute Resolution
Reserved for future use

C. Parties and Participants

Rule 21. Parties
21.01Party Status
21.02Rights of Parties
21.03Parties' Addresses
Rule 22. Participants
22.01Participant Status
22.02Rights of Participants
22.03Participants' Addresses
Rule 23. Intervention
23.01Intervention of Right
23.02Permissive Intervention
23.03Procedure
23.04Effect of Intervention
Rule 24. Joinder
24.01Procedure
Rule 25. Right to Representation; Appointment of Counsel
25.01Right to Representation
25.02Appointment of Counsel
25.03Reimbursement
25.04Notice of Right to Representation
25.05Certificate of Representation
25.06Withdrawal or Discharge of Counsel
Rule 26. Guardian Ad Litem
26.01Appointment for Child
26.02Discretionary Appointment for Child's Parent or Legal Custodian
26.03Term of Service of Guardian Ad Litem
26.04Request for Appointment of Counsel for Child
26.05Reimbursement
Rule 27. Access to Hearings
27.01Presumption of Public Access to Hearings
27.02Party and Participant Attendance at Hearings
27.03Absence Does Not Bar Hearing
27.04Exclusion of Parties or Participants from Hearings

D. Course of Case

Rule 28. Emergency Protective Care Order and Notice
28.01Emergency Protective Care Defined
28.02Ex Parte Order for Emergency Protective Care
28.03Contents of Order
28.04Execution of Order
28.05Notice
28.06Enforcement of Order
Rule 29. Procedures During Period of Emergency Protective Care
29.01Release from Emergency Protective Care
29.02Discretionary Release by Court; Custodial Conditions
29.03Release to Custody of Parent or Other Suitable Person
29.04Reports
Rule 30. Emergency Protective Care Hearing
30.01Timing
30.02Notice of Hearing
30.03Inspection of Reports
30.04Determination Regarding Notice
30.05Advisory
30.06Evidence
30.07Filing and Service of Petition
30.08Protective Care Determinations
30.09Factors
30.10Protective Care Findings and Order
30.11Protective Care Review
30.12Notification When Child Returned Home
Rule 31. Methods of Filing and Service
31.01Types of Filing
31.02Types of Service
31.03Service by Facsimile Transmission
31.04Service Upon Counsel; Social Services Agency
31.05Service of Subpoena
31.06Completion of Service
31.07Proof of Service
Rule 32. Summons and Notice
32.01Commencement
32.02Summons
32.03Notice of Emergency Protective Care or Admit/Deny Hearing
32.04Notice of Subsequent Hearings
32.05Orders on the Record
32.06Petitioner's Notice Responsibility Under Indian Child Welfare Act
Rule 33. Petition
33.01Drafting; Filing; Service
33.02Content
33.03Verification
33.04Amendment
33.05Timing
Rule 34. Admit/Deny Hearing
34.01Generally
34.02Timing
34.03Hearing Procedure
Rule 35. Admission or Denial
35.01Generally
35.02Denial
35.03Admission
Rule 36. Pretrial Hearing
36.01Timing
36.02Purpose
36.03Pretrial Order
36.04Continuing Obligation to Update Information
Rule 37. Case and Out-of-Home Placement Plans
37.01Case and Out-of-Home Placement Plans and Reports Generally
37.02Child in Court-Ordered Foster Care: Out-of-Home Placement Plan
37.03Child in Voluntary Foster Care: Out-of-Home Placement Plan
37.04Child Not in Foster Care: Child Protective Services Case Plan
37.05Child with Disability: Case Plan
37.06Non-Child Protection Cases; Child Not in Out-of-Home Care
Rule 38. Reports to Court
38.01Social Services Court Reports - Generally
38.02Social Services Court Reports - Child Ordered into Foster Care
38.03Social Services Court Reports - Child Not in Foster Care
38.04Objections to Agency's Report or Recommendations
38.05Reports to the Court by Child's Guardian Ad Litem
Rule 39. Trial
39.01Generally
39.02Timing
39.03Procedure
39.04Standard of Proof
39.05Decision
Rule 40. Adjudication
40.01Adjudication
40.02Withholding Adjudication
Rule 41. Disposition
41.01Disposition
41.02Timing
41.03Pre-Disposition Reports
41.04Procedure; Evidence
41.05Disposition Order
41.06Hearings to Review Disposition
Rule 42. Permanent Placement and Termination of Parental Rights Matters; Post-Permanency Review Requirements
42.01Timing
42.02Purpose of Permanent Placement Determination Proceeding and Permanency Progress Review Hearing
42.03Procedures for Permanency Progress Review Hearing
42.04Procedures for Permanent Placement Determination Proceedings for a Child Eight (8) Years of Age or Older or a Child Under Age Eight (8) for Whom Permanency has not been Ordered; Admit/Deny Hearing Required at Month Twelve (12)
42.05Permanent Placement Findings and Order
42.06Return Child Home
42.07Transfer of Permanent Legal and Physical Custody to a Relative
42.08Involuntary and Voluntary Termination of Parental Rights Proceedings
42.09Guardianship and Legal Custody to the Commissioner of Human Services Upon Consent by the Child's Parent to Adopt under Minnesota Statutes, Section 260C.201, Subdivision 11, Paragraph (d)
42.10Order for Guardianship and Legal Custody When Parental Rights are Terminated or When Parent Consents to Adoption
42.11Long-Term Foster Care
42.12Foster Care for a Specified Period of Time
42.13Hearing for Child on Trial Home Visit at Time for Commencement of Permanency Proceedings
42.14Terminating Jurisdiction When Child is Continued in Voluntary Foster Care for Treatment Under Minnesota Statutes, Chapter 260D
42.15Review of Child Who Experiences Disruption of a Permanent Placement
Rule 43. Review of Children in Voluntary Foster Care for Treatment
43.01Generally
43.02Report by Agency
43.03Court Review and Determinations Based on Court Report
43.04Required Permanency Review Hearing
43.05Annual Review
Rule 44. Review of Voluntary Placement Matters
44.01Generally
44.02Petition and Hearing
44.03Procedures When Court-Ordered Foster Care, Permanent Placement, or Termination of Parental Rights Sought
Rule 45. Post-Trial Motions
45.01Procedure and Timing
45.02New Trial on Court's Own Motion
45.03Amendment of Findings
45.04Grounds for New Trial
45.05Decision
45.06Relief
Rule 46. Relief from Order
46.01Clerical Mistakes
46.02Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud
46.03Invalidation of Action Under ICWA
Rule 47. Appeal
47.01Applicability of Rules of Civil Appellate Procedure
47.02Procedure
47.03Application for Stay of Trial Court Order
47.04Right to Additional Review
47.05Transcript of Proceedings
47.06Time for Rendering Decision by Minnesota Court of Appeals
47.07Petition in Supreme Court for Review of Decisions of the Court of Appeals
Rule 48. Transfer to Child's Tribe
48.01Transfer of Juvenile Protection Matter to the Tribe
48.02Communication Between District Court and Tribal Court Judges
48.03Court Administrator's Duties
Rule 49. Qualified Expert Witness Requirement Under the Indian Child Welfare Act
49.01Timing - Temporary Emergency Custody
49.02Foster Care Placement
49.03Termination of Parental Rights

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