260C.152 SERVICE OF SUMMONS, NOTICE.
Subdivision 1. Notice in lieu of summons; personal service.
The service of a summons or a
notice in lieu of summons shall be as provided in the Rules of Juvenile Procedure.
Subd. 2. Service; fees.
Service of summons, notice, or subpoena required by sections
shall be made by any suitable person under the direction of the court, and
upon request of the court shall be made by a probation officer or any peace officer. The fees and
mileage of witnesses shall be paid by the county if the subpoena is issued by the court on its own
motion or at the request of the county attorney. All other fees shall be paid by the party requesting
the subpoena unless otherwise ordered by the court.
Subd. 3. Notification.
In any proceeding regarding a child in need of protection or services
in a state court, where the court knows or has reason to know that an Indian child is involved,
the prosecuting authority seeking the foster care placement of, or termination of parental rights
to an Indian child, shall notify the parent or Indian custodian and the Indian child's tribe of the
pending proceedings and of their right of intervention. The notice must be provided by registered
mail with return receipt requested unless personal service is accomplished. If the identity or
location of the parent or Indian custodian and the tribe cannot be determined, the notice shall be
given to the Secretary of the Interior of the United States in like manner, according to the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1912. No foster care placement
proceeding or termination of parental rights proceeding shall be held until at least ten days after
receipt of notice by the parent or Indian custodian and the tribe or the Secretary. However, the
parent or Indian custodian or the tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceeding.
Subd. 4. Proof of service.
Proof of the service required by this section shall be made by the
person having knowledge thereof.
Subd. 5. Notice to foster parents and preadoptive parents and relatives.
parents, if any, of a child and any preadoptive parent or relative providing care for the child must
be provided notice of and a right to be heard in any review or hearing to be held with respect to
the child. Any other relative may also request, and must be granted, a notice and the opportunity
to be heard under this section. This subdivision does not require that a foster parent, preadoptive
parent, or relative providing care for the child be made a party to a review or hearing solely on
the basis of the notice and right to be heard.
History: 1999 c 139 art 3 s 10; 2007 c 147 art 1 s 16