Office of the Revisor of Statutes
MINNESOTA COURT RULES
JUVENILE COURT
RULES OF JUVENILE PROTECTION PROCEDURE
RULES OF JUVENILE PROTECTION PROCEDURE
Effective September 1, 2019
With amendments effective through January 1, 2024
TABLE OF HEADNOTES
A. Scope and Purpose
RULE 3. APPLICABILITY OF OTHER RULES AND STATUTES
| 3.01 | Rules of Civil Procedure | |
| 3.02 | Rules of Evidence | |
| 3.03 | Indian Child Welfare Act | |
| 3.04 | Rules of Guardian Ad Litem Procedure | |
| 3.05 | Court Interpreter Statutes, Rules, and Court Policies | |
| 3.06 | General Rules of Practice for the District Courts |
B. General Rules for Juvenile Protection Matters
RULE 4. TIME
| 4.01 | Computation of Time | |
| 4.02 | Additional Time After Service by U.S. Mail or Other Means | |
| 4.03 | Sanctions for Violations of Timelines | |
| 4.04 | Application of Timing Provisions |
RULE 5. CONTINUANCES
| 5.01 | Compliance with Timelines | |
| 5.02 | Notice of Continuance | |
| 5.03 | Existing Orders; Interim Orders |
RULE 7. REFEREES AND JUDGES
| 7.01 | Referee Authorization to Hear Matter | |
| 7.02 | Objection to Referee Presiding Over Matter | |
| 7.03 | Transmittal of Referee's Findings and Recommended Order | |
| 7.04 | Review of Referee's Findings and Recommended Order | |
| 7.05 | Order of the Court | |
| 7.06 | Removal of Judge or Referee |
RULE 8. ACCESSIBILITY TO JUVENILE PROTECTION CASE RECORDS
| 8.01 | Presumption of Access to Juvenile Protection Case Records | |
| 8.02 | Effective Date | |
| 8.03 | Access to Records Filed Prior to July 2015; Access to Records Upon Appeal | |
| 8.04 | Juvenile Protection Case Records Inaccessible to the Public, Parties, or Participants | |
| 8.05 | Access to Exhibits | |
| 8.06 | Electronic Access to Juvenile Protection Case Records | |
| 8.07 | Protective Order | |
| 8.08 | Case Captions and Text of Decisions and Other Records | |
| 8.09 | Access to Juvenile Protection Record by Family Court Judicial Officer | |
| 8.10 | Access to Juvenile Protection Record by Parties and Child's Guardian ad Litem in Family Court Matter |
RULE 9. ORDERS
| 9.01 | Written or Oral Orders; Timing | |
| 9.02 | Immediate Effect of Oral Order | |
| 9.03 | Method and Timing of Service; Persons to be Served | |
| 9.04 | Notice of Filing of Order |
RULE 11. USE OF TELEPHONE AND REMOTE TECHNOLOGY
| 11.01 | Motions and Conferences | |
| 11.02 | Juvenile Protection Proceedings |
RULE 12. SUBPOENAS
| 12.01 | Subpoena for a Hearing or Trial | |
| 12.02 | Form; Issuance; Notice | |
| 12.03 | Service | |
| 12.04 | Motion to Quash a Subpoena | |
| 12.05 | Objection | |
| 12.06 | Subpoena for Taking Depositions; Place of Examination | |
| 12.07 | Expenses | |
| 12.08 | Failure to Appear |
RULE 13. CONTEMPT
| 13.01 | Initiation | |
| 13.02 | Supporting and Responsive Affidavits | |
| 13.03 | Hearing | |
| 13.04 | Sentencing |
RULE 14. MOTIONS
| 14.01 | Form | |
| 14.02 | Service and Notice of Motions | |
| 14.03 | Ex Parte Motion and Hearing | |
| 14.04 | Motion to Dismiss Petition | |
| 14.05 | Motion to Strike Document | |
| 14.06 | Obtaining Hearing Date; Notice to Parties | |
| 14.07 | Timing and Service of Orders |
RULE 15. SIGNING OF PLEADINGS, MOTIONS, AND OTHER DOCUMENTS; SANCTIONS
| 15.01 | Signature | |
| 15.02 | Representations to Court | |
| 15.03 | Sanctions |
RULE 16. METHODS OF FILING AND SERVICE
| 16.01 | Types of Filing | |
| 16.02 | Types of Service | |
| 16.03 | Service Upon Counsel; Social Services Agency | |
| 16.04 | Completion of Service | |
| 16.05 | Proof of Service |
RULE 17. DISCOVERY
| 17.01 | Disclosure by Petitioner Without Court Order | |
| 17.02 | Disclosure by Other Parties Without Court Order | |
| 17.03 | Information Not Discoverable | |
| 17.04 | Discovery Upon Court Order | |
| 17.05 | Time, Place, and Manner of Discovery | |
| 17.06 | Regulation of Discovery |
RULE 19. SETTLEMENT
| 19.01 | Procedure | |
| 19.02 | Objection to Settlement Agreement - Termination of Parental Rights Matters and Permanent Placement Matters |
RULE 20. ALTERNATIVE DISPUTE RESOLUTION
RULE 21. POST-TRIAL MOTIONS
| 21.01 | Procedure and Timing | |
| 21.02 | New Trial on Court's Own Initiative | |
| 21.03 | Amendment of Findings | |
| 21.04 | Grounds for New Trial | |
| 21.05 | Decision | |
| 21.06 | Relief |
RULE 22. RELIEF FROM ORDER
| 22.01 | Clerical Mistakes | |
| 22.02 | Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud |
RULE 23. APPEAL
| 23.01 | Applicability of Rules of Civil Appellate Procedure | |
| 23.02 | Procedure | |
| 23.03 | Application for Stay of Trial Court Order | |
| 23.04 | Right to Additional Review | |
| 23.05 | Transcript of Proceedings | |
| 23.06 | Time for Rendering Decision by Minnesota Court of Appeals | |
| 23.07 | Petition in Supreme Court for Review of Decisions of the Court of Appeals |
RULE 24. PARENTAGE MATTER
| 24.01 | Scope | |
| 24.02 | Judicial Assignment and Calendaring | |
| 24.03 | Applicable Statutes and Rules | |
| 24.04 | Responsible Social Services Agency to Provide Copy of Petition and Orders to County Child Support Enforcement Agency | |
| 24.05 | No Extension of Permanency Timelines | |
| 24.06 | Notification to Family Court of Juvenile Protection Orders |
RULE 25. JURISDICTION TO AGE 18 AND CONTINUED REVIEW AFTER AGE 18
| 25.01 | Continuing Jurisdiction to Age 18 | |
| 25.02 | Continuing Jurisdiction to Age 19 | |
| 25.03 | Continuing Jurisdiction and Review after Child's Eighteenth Birthday |
RULE 26. CASE AND OUT-OF-HOME PLACEMENT PLANS
| 26.01 | Case and Out-of-Home Placement Plans Generally | |
| 26.02 | Child in Court-Ordered Foster Case: Out-of-Home Placement Plan | |
| 26.03 | Child in Voluntary Foster Care: Out-of-Home Placement Plan | |
| 26.04 | Child Not in Foster Care: Child Protective Services Case Plan | |
| 26.05 | Child with Disability: Community Support, Individual Treatment, or Multiagency Case Plan |
RULE 27. REPORTS TO THE COURT
| 27.01 | Social Services Court Reports - Generally | |
| 27.02 | Social Services Court Report - Child in Foster Care | |
| 27.03 | Social Services Court Report - Reasonable Efforts to Identify and Locate Both Parents of the Child | |
| 27.04 | Social Services Court Report - Due Diligence to Identify and Notify Relatives | |
| 27.05 | Social Services Court Report - Permanency Progress Review Hearing | |
| 27.06 | Social Services Court Report - Child on Trial Home Visit | |
| 27.07 | Social Services Court Report - Child Under State Guardianship | |
| 27.08 | Social Services Court Report - Child Not in Foster Care | |
| 27.09 | Social Services Court Report - Between Disposition Review Hearings | |
| 27.10 | Objections to Agency's Report or Recommendations | |
| 27.11 | Reports to the Court by Child's Guardian ad Litem |
C. Juvenile Protection Matters Governed by the Indian Child Welfare Act
RULE 28. GENERAL RULES FOR MATTERS GOVERNED BY THE INDIAN CHILD WELFARE ACT
| 28.01 | Purpose | |
| 28.02 | Party Status of Tribes | |
| 28.03 | Tribal/State Agreement | |
| 28.04 | Higher Standard Under ICWA | |
| 28.05 | Best Interests of an Indian Child | |
| 28.06 | Qualified Expert Witness Requirement | |
| 28.07 | Particularized Findings in Cases Involving an Indian Child | |
| 28.08 | Voluntary Termination of Parental Rights Under ICWA | |
| 28.09 | Invalidation of Action Under ICWA |
RULE 29. COURT'S INQUIRY OF INDIAN ANCESTRY AND HERITAGE
| 29.01 | Initial Hearing | |
| 29.02 | Court's Duty of Continued Inquiry |
RULE 30. NOTICE RESPONSIBILITIES UNDER THE INDIAN CHILD WELFARE ACT
| 30.01 | Notice by Petitioner | |
| 30.02 | Notice by Court |
RULE 31. TRANSFER TO CHILD'S TRIBE
| 31.01 | Transfer of Juvenile Protection Matter to the Tribe | |
| 31.02 | Communication between District Court and Tribal Court Judges | |
| 31.03 | Court Administrator's Duties |
D. Parties and Participants
RULE 33. PARTICIPANTS
| 33.01 | Participant Status | |
| 33.02 | Rights of Participants | |
| 33.03 | Participants' Names and Addresses |
RULE 34. INTERVENTION
| 34.01 | Intervention of Right | |
| 34.02 | Permissive Intervention | |
| 34.03 | Procedure | |
| 34.04 | Effect of Intervention |
RULE 35. JOINDER
RULE 36. RIGHT TO REPRESENTATION; APPOINTMENT OF COUNSEL
| 36.01 | Right to Representation | |
| 36.02 | Appointment of Counsel | |
| 36.03 | Notice of Right to Representation | |
| 36.04 | Certificate of Representation | |
| 36.05 | Withdrawal or Discharge of Counsel |
RULE 37. GUARDIAN AD LITEM
| 37.01 | Appointment for Child | |
| 37.02 | Discretionary Appointment for Child's Parent or Legal Custodian | |
| 37.03 | Term of Service of Guardian Ad Litem | |
| 37.04 | Request for Appointment of Counsel for Child |
RULE 38. ACCESS TO HEARINGS
| 38.01 | Presumption of Public Access to Hearings | |
| 38.02 | Party and Participant Attendance at Hearings | |
| 38.03 | Absence Does Not Bar Hearing | |
| 38.04 | Exclusion of Parties or Participants from Hearings |
E. Emergency Protective Care Proceedings
RULE 39. EMERGENCY PROTECTIVE CARE PROCEEDINGS TIMELINE
RULE 40. EX PARTE EMERGENCY PROTECTIVE CARE ORDER AND NOTICE
| 40.01 | Ex Parte Order for Emergency Protective Care | |
| 40.02 | Contents of Order | |
| 40.03 | Execution of Order | |
| 40.04 | Notice | |
| 40.05 | Enforcement of Order |
RULE 41. PROCEDURES DURING PERIOD OF EMERGENCY PROTECTIVE CARE
| 41.01 | Release from Emergency Protective Care | |
| 41.02 | Discretionary Release by Court; Custodial Conditions | |
| 41.03 | Release to Custody of Parent or Other Suitable Person | |
| 41.04 | Reports |
RULE 42. EMERGENCY PROTECTIVE CARE HEARING
| 42.01 | Timing | |
| 42.02 | Notice of Hearing | |
| 42.03 | Inspection of Reports | |
| 42.04 | Determination Regarding Notice | |
| 42.05 | Advisory | |
| 42.06 | Evidence | |
| 42.07 | Filing and Service of Petition | |
| 42.08 | Protective Care Determinations | |
| 42.09 | Protective Care Findings and Order | |
| 42.10 | Protective Care Review | |
| 42.11 | Notification When Child Returned Home |
F. Child in Need of Protection or Services Proceedings
RULE 43. CHILD IN NEED OF PROTECTION OR SERVICES PROCEEDINGS TIMELINE
RULE 44. COMMENCEMENT OF PROCEEDINGS
| 44.01 | Commencement | |
| 44.02 | Summons | |
| 44.03 | Notice of Admit/Deny Hearing | |
| 44.04 | Notice of Subsequent Hearings | |
| 44.05 | Orders on the Record | |
| 44.06 | Petitioner's Notice Responsibility Under the Indian Child Welfare Act |
RULE 48. PRETRIAL HEARING
| 48.01 | Timing | |
| 48.02 | Purpose | |
| 48.03 | Pretrial Order | |
| 48.04 | Continuing Obligation to Update Information |
G. Permanency or Termination of Parental Rights Proceedings
RULE 53. COMMENCEMENT OF PROCEEDINGS - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
| 53.01 | Commencement | |
| 53.02 | Summons | |
| 53.03 | Notice of Admit/Deny Hearing | |
| 53.04 | Notice of Subsequent Hearings | |
| 53.05 | Orders on the Record | |
| 53.06 | Petitioner's Notice Responsibility Under the Indian Child Welfare Act |
RULE 54. PETITION - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
| 54.01 | Drafting and Filing; Title | |
| 54.02 | Content | |
| 54.03 | Who May File; Court Review | |
| 54.04 | Amendment |
RULE 55. ADMIT/DENY HEARING - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
| 55.01 | Generally | |
| 55.02 | Timing | |
| 55.03 | Hearing Procedure |
RULE 56. ADMISSION OR DENIAL - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
| 56.01 | Generally | |
| 56.02 | Denial | |
| 56.03 | Admission |
RULE 57. PRETRIAL HEARING - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
| 57.01 | Timing | |
| 57.02 | Purpose | |
| 57.03 | Pretrial Order | |
| 57.04 | Continuing Obligation to Update Information |
RULE 58. TRIAL - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
| 58.01 | Timing | |
| 58.02 | Procedure | |
| 58.03 | Standard of Proof | |
| 58.04 | Decision |
RULE 59.PERMANENCY ORDER MODIFICATIONS
| 59.01 | Reestablishment of Legal Parent and Child Relationship | |
| 59.02 | Modification of Transfer of Permanent Legal and Physical Custody to a Relative Order |
H. Voluntary Placement Proceedings
RULE 60. REVIEW OF CHILDREN IN VOLUNTARY FOSTER CARE FOR TREATMENT
| 60.01 | Generally | |
| 60.02 | Report by Agency | |
| 60.03 | Court Review and Determinations Based on Court Report | |
| 60.04 | Court Review of Agency Determination Under Section 260D.07 | |
| 60.05 | Review of Voluntary Foster Care After Adjudication Under Chapter 260C |
RULE 62. VOLUNTARY FOSTER CARE FOR CHILDREN OVER 18