1998 Minnesota Statutes

     518.158 Relative ex parte temporary custody order. 

    Subdivision 1.    Factors.  It is presumed to be in the 
 best interests of the child for the court to grant temporary 
 custody to a relative under subdivision 2 if a minor child has 
 resided with the relative for a period of 12 months or more and 
 the following circumstances exist without good cause: 

    (1) the parent has had no contact with the child on a 
 regular basis and no demonstrated, consistent participation in 
 the child's well-being for six months; or 

    (2) the parent, during the time the child resided with the 
 relative, has refused or neglected to comply with the duties 
 imposed upon the parent by the parent and child relationship, 
 including but not limited to providing the child necessary food, 
 clothing, shelter, health care, education, and other care and 
 control necessary for the child's physical, mental, or emotional 
 health and development. 

    Subd. 2.    Emergency custody hearing.  If the parent 
 seeks to remove the child from the home of the relative and the 
 factors in subdivision 1 exist, the relative may apply for an ex 
 parte temporary order for custody of the child.  The court shall 
 grant temporary custody if it finds, based on the application, 
 that the factors in subdivision 1 exist.  If it finds that the 
 factors in subdivision 1 do not exist, the court shall order 
 that the child be returned to the parent.  An ex parte temporary 
 custody order under this subdivision is effective for a fixed 
 period not to exceed 14 days.  A temporary custody hearing under 
 this chapter must be set for not later than seven days after 
 issuance of the ex parte temporary custody order.  The parent 
 must be promptly served with a copy of the ex parte order and 
 the petition and notice of the date for the hearing. 

    Subd. 3.    Further proceedings.  If the court orders 
 temporary physical custody to the relative under subdivision 2 
 and the relative or parent seeks to pursue further temporary or 
 permanent custody of the child, the custody issues must be 
 determined pursuant to a petition under this chapter and the 
 other standards and procedures of this chapter apply.  This 
 section does not affect any rights or remedies available under 
 other law. 

    Subd. 4.    Return to parent.  If the court orders 
 permanent custody to a relative under this section, the court 
 shall set conditions the parent must meet in order to obtain 
 custody.  The court may notify the parent that the parent may 
 request assistance from the local social service agency in order 
 to meet the conditions set by the court. 

    Subd. 5.    Definition.  For purposes of this section, 
 "relative" means an adult who is a stepparent, grandparent, 
 brother, sister, uncle, aunt, or other extended family member of 
 the minor by blood, marriage, or adoption.  

    For an Indian child, "relative" includes members of the 
 extended family as defined by the law or custom of the Indian 
 child's tribe or, in the absence of law or custom, nieces, 
 nephews, or first or second cousins, as provided in the Indian 
 Child Welfare Act of 1978, United States Code, title 25, section 
 1903. 

    HIST: 1994 c 630 art 12 s 3; 1997 c 112 s 7