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Minnesota Legislature

Office of the Revisor of Statutes

JUVENILE COURT

RULES OF JUVENILE PROTECTION PROCEDURE

RULES OF JUVENILE PROTECTION PROCEDURE

Effective September 1, 2019

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 Rules for Juvenile Protection Matters

RULE 4. TIME
4.01Computation of Time
4.02Additional Time After Service by U.S. Mail or Other Means
4.03Sanctions for Violations of Timelines
4.04Application of Timing Provisions
RULE 5. CONTINUANCES
5.01Compliance with Timelines
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
7.03Transmittal of Referee's Findings and Recommended Order
7.04Review of Referee's Findings and Recommended Order
7.05Order of the Court
7.06Removal of Judge or Referee
RULE 8. ACCESSIBILITY TO JUVENILE PROTECTION CASE RECORDS
8.01Presumption of Access to Juvenile Protection Case Records
8.02Effective Date
8.03Access to Records Filed Prior to July 2015; Access to Records Upon Appeal
8.04Juvenile Protection Case Records Inaccessible to the Public, Parties, or Participants
8.05Access to Exhibits
8.06Electronic Access to Juvenile Protection Case Records
8.07Protective Order
8.08Case Captions and Text of Decisions and Other Records
8.09Access to Juvenile Protection Record by Family Court Judicial Officer
8.10Access to Juvenile Protection Record by Parties and Child's Guardian ad Litem in Family Court Matter
RULE 9. ORDERS
9.01Written or Oral Orders; Timing
9.02Immediate Effect of Oral Order
9.03Method and Timing of Service; Persons to be Served
9.04Notice of Filing of Order
RULE 10. RECORDING AND TRANSCRIPTS
10.01Procedure
10.02Transcript Requests
10.03Expense
RULE 11. USE OF TELEPHONE AND INTERACTIVE VIDEO
11.01Motions and Conferences
11.02Hearings and Taking Testimony
11.03In Court Appearance Not Precluded
RULE 12. SUBPOENAS
12.01Subpoena for a Hearing or Trial
12.02Form; Issuance; Notice
12.03Service
12.04Motion to Quash a Subpoena
12.05Objection
12.06Subpoena for Taking Depositions; Place of Examination
12.07Expenses
12.08Failure to Appear
RULE 13. CONTEMPT
13.01Initiation
13.02Supporting and Responsive Affidavits
13.03Hearing
13.04Sentencing
RULE 14. MOTIONS
14.01Form
14.02Service and Notice of Motions
14.03Ex Parte Motion and Hearing
14.04Motion to Dismiss Petition
14.05Motion to Strike Document
14.06Obtaining Hearing Date; Notice to Parties
14.07Timing and Service of Orders
RULE 15. SIGNING OF PLEADINGS, MOTIONS, AND OTHER DOCUMENTS; SANCTIONS
15.01Signature
15.02Representations to Court
15.03Sanctions
RULE 16. METHODS OF FILING AND SERVICE
16.01Types of Filing
16.02Types of Service
16.03Service Upon Counsel; Social Services Agency
16.04Completion of Service
16.05Proof of Service
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
19.01Procedure
19.02Objection to Settlement Agreement - Termination of Parental Rights Matters and Permanent Placement Matters
RULE 20. ALTERNATIVE DISPUTE RESOLUTION
RULE 21. POST-TRIAL MOTIONS
21.01Procedure and Timing
21.02New Trial on Court's Own Initiative
21.03Amendment of Findings
21.04Grounds for New Trial
21.05Decision
21.06Relief
RULE 22. RELIEF FROM ORDER
22.01Clerical Mistakes
22.02Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud
RULE 23. APPEAL
23.01Applicability of Rules of Civil Appellate Procedure
23.02Procedure
23.03Application for Stay of Trial Court Order
23.04Right to Additional Review
23.05Transcript of Proceedings
23.06Time for Rendering Decision by Minnesota Court of Appeals
23.07Petition in Supreme Court for Review of Decisions of the Court of Appeals
RULE 24. PARENTAGE MATTER
24.01Scope
24.02Judicial Assignment and Calendaring
24.03Applicable Statutes and Rules
24.04Responsible Social Services Agency to Provide Copy of Petition and Orders to County Child Support Enforcement Agency
24.05No Extension of Permanency Timelines
24.06Notification to Family Court of Juvenile Protection Orders
RULE 25. JURISDICTION TO AGE 18 AND CONTINUED REVIEW AFTER AGE 18
25.01Continuing Jurisdiction to Age 18
25.02Continuing Jurisdiction to Age 19
25.03Continuing Jurisdiction and Review after Child's Eighteenth Birthday
RULE 26. CASE AND OUT-OF-HOME PLACEMENT PLANS
26.01Case and Out-of-Home Placement Plans Generally
26.02Child in Court-Ordered Foster Case: Out-of-Home Placement Plan
26.03Child in Voluntary Foster Care: Out-of-Home Placement Plan
26.04Child Not in Foster Care: Child Protective Services Case Plan
26.05Child with Disability: Community Support, Individual Treatment, or Multiagency Case Plan
RULE 27. REPORTS TO THE COURT
27.01Social Services Court Reports - Generally
27.02Social Services Court Report - Child in Foster Care
27.03Social Services Court Report - Reasonable Efforts to Identify and Locate Both Parents of the Child
27.04Social Services Court Report - Due Diligence to Identify and Notify Relatives
27.05Social Services Court Report - Permanency Progress Review Hearing
27.06Social Services Court Report - Child on Trial Home Visit
27.07Social Services Court Report - Child Under State Guardianship
27.08Social Services Court Report - Child Not in Foster Care
27.09Social Services Court Report - Between Disposition Review Hearings
27.10Objections to Agency's Report or Recommendations
27.11Reports 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
28.01Purpose
28.02Party Status of Tribes
28.03Tribal/State Agreement
28.04Higher Standard Under ICWA
28.05Best Interests of an Indian Child
28.06Qualified Expert Witness Requirement
28.07Particularized Findings in Cases Involving an Indian Child
28.08Voluntary Termination of Parental Rights Under ICWA
28.09Invalidation of Action Under ICWA
RULE 29. COURT'S INQUIRY OF INDIAN ANCESTRY AND HERITAGE
29.01Initial Hearing
29.02Court's Duty of Continued Inquiry
RULE 30. NOTICE RESPONSIBILITIES UNDER THE INDIAN CHILD WELFARE ACT
30.01Notice by Petitioner
30.02Notice by Court
RULE 31. TRANSFER TO CHILD'S TRIBE
31.01Transfer of Juvenile Protection Matter to the Tribe
31.02Communication between District Court and Tribal Court Judges
31.03Court Administrator's Duties

D. Parties and Participants

RULE 32. PARTIES
32.01Party Status
32.02Rights of Parties
32.03Parties' Names and Addresses
RULE 33. PARTICIPANTS
33.01Participant Status
33.02Rights of Participants
33.03Participants' Names and Addresses
RULE 34. INTERVENTION
34.01Intervention of Right
34.02Permissive Intervention
34.03Procedure
34.04Effect of Intervention
RULE 35. JOINDER
RULE 36. RIGHT TO REPRESENTATION; APPOINTMENT OF COUNSEL
36.01Right to Representation
36.02Appointment of Counsel
36.03Notice of Right to Representation
36.04Certificate of Representation
36.05Withdrawal or Discharge of Counsel
RULE 37. GUARDIAN AD LITEM
37.01Appointment for Child
37.02Discretionary Appointment for Child's Parent or Legal Custodian
37.03Term of Service of Guardian Ad Litem
37.04Request for Appointment of Counsel for Child
RULE 38. ACCESS TO HEARINGS
38.01Presumption of Public Access to Hearings
38.02Party and Participant Attendance at Hearings
38.03Absence Does Not Bar Hearing
38.04Exclusion 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
40.01Ex Parte Order for Emergency Protective Care
40.02Contents of Order
40.03Execution of Order
40.04Notice
40.05Enforcement of Order
RULE 41. PROCEDURES DURING PERIOD OF EMERGENCY PROTECTIVE CARE
41.01Release from Emergency Protective Care
41.02Discretionary Release by Court; Custodial Conditions
41.03Release to Custody of Parent or Other Suitable Person
41.04Reports
RULE 42. EMERGENCY PROTECTIVE CARE HEARING
42.01Timing
42.02Notice of Hearing
42.03Inspection of Reports
42.04Determination Regarding Notice
42.05Advisory
42.06Evidence
42.07Filing and Service of Petition
42.08Protective Care Determinations
42.09Protective Care Findings and Order
42.10Protective Care Review
42.11Notification 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
44.01Commencement
44.02Summons
44.03Notice of Admit/Deny Hearing
44.04Notice of Subsequent Hearings
44.05Orders on the Record
44.06Petitioner's Notice Responsibility Under the Indian Child Welfare Act
RULE 45. PETITION
45.01Drafting and Filing
45.02Content
45.03Who May File; Court Review
45.04Amendment
RULE 46. ADMIT/DENY HEARING
46.01Generally
46.02Timing
46.03Hearing Procedure
RULE 47. ADMISSION OR DENIAL
47.01Generally
47.02Denial
47.03Admission
RULE 48. PRETRIAL HEARING
48.01Timing
48.02Purpose
48.03Pretrial Order
48.04Continuing Obligation to Update Information
RULE 49. TRIAL
49.01Timing
49.02Procedure
49.03Standard of Proof
49.04Decision
RULE 50. ADJUDICATION
50.01Adjudication
50.02Withholding Adjudication
RULE 51. DISPOSITION
51.01Disposition
51.02Timing
51.03Hearings to Review Disposition

G. Permanency or Termination of Parental Rights Proceedings

RULE 52. PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
52.01Petitioner Timelines
52.02Court Timelines
RULE 53. COMMENCEMENT OF PROCEEDINGS - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
53.01Commencement
53.02Summons
53.03Notice of Admit/Deny Hearing
53.04Notice of Subsequent Hearings
53.05Orders on the Record
53.06Petitioner's Notice Responsibility Under the Indian Child Welfare Act
RULE 54. PETITION - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
54.01Drafting and Filing; Title
54.02Content
54.03Who May File; Court Review
54.04Amendment
RULE 55. ADMIT/DENY HEARING - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
55.01Generally
55.02Timing
55.03Hearing Procedure
RULE 56. ADMISSION OR DENIAL - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
56.01Generally
56.02Denial
56.03Admission
RULE 57. PRETRIAL HEARING - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
57.01Timing
57.02Purpose
57.03Pretrial Order
57.04Continuing Obligation to Update Information
RULE 58. TRIAL - PERMANENCY OR TERMINATION OF PARENTAL RIGHTS
58.01Timing
58.02Procedure
58.03Standard of Proof
58.04Decision
RULE 59. REESTABLISHMENT OF LEGAL PARENT AND CHILD RELATIONSHIP

H. Voluntary Placement Proceedings

RULE 60. REVIEW OF CHILDREN IN VOLUNTARY FOSTER CARE FOR TREATMENT
60.01Generally
60.02Report by Agency
60.03Court Review and Determinations Based on Court Report
60.04Court Review of Agency Determination Under Section 260D.07
60.05Review of Voluntary Foster Care After Adjudication Under Chapter 260C
RULE 61. REVIEW OF VOLUNTARY PLACEMENT MATTERS
61.01Generally
61.02Review of Petition
RULE 62. VOLUNTARY FOSTER CARE FOR CHILDREN OVER 18