1997 Minnesota Statutes

     260.131 Petition. 

    Subdivision 1.    Who may file; required form.  (a) Any 
 reputable person, including but not limited to any agent of the 
 commissioner of human services, having knowledge of a child in 
 this state or of a child who is a resident of this state, who 
 appears to be delinquent, in need of protection or services, or 
 neglected and in foster care, may petition the juvenile court in 
 the manner provided in this section. 

    (b) A petition for a child in need of protection filed by 
 an individual who is not a county attorney or an agent of the 
 commissioner of human services shall be filed on a form 
 developed by the state court administrator and provided to court 
 administrators.  Copies of the form may be obtained from the 
 court administrator in each county.  The court administrator 
 shall review the petition before it is filed to determine that 
 it is completed.  The court administrator may reject the 
 petition if it does not indicate that the petitioner has 
 contacted the local social service agency. 

    An individual may file a petition under this subdivision 
 without seeking internal review of the local social service 
 agency's decision.  The court shall determine whether there is 
 probable cause to believe that a need for protection or services 
 exists before the matter is set for hearing.  If the matter is 
 set for hearing, the court administrator shall notify the local 
 social service agency by sending notice to the county attorney. 

    The petition must contain: 

    (1) a statement of facts that would establish, if proven, 
 that there is a need for protection or services for the child 
 named in the petition; 

    (2) a statement that petitioner has reported the 
 circumstances underlying the petition to the local social 
 service agency, and protection or services were not provided to 
 the child; 

    (3) a statement whether there are existing juvenile or 
 family court custody orders or pending proceedings in juvenile 
 or family court concerning the child; and 

    (4) a statement of the relationship of the petitioner to 
 the child and any other parties. 

    The court may not allow a petition to proceed under this 
 paragraph if it appears that the sole purpose of the petition is 
 to modify custody between the parents. 

    Subd. 1a.    Review of foster care status.  The social 
 service agency responsible for the placement of a child in a 
 residential facility, as defined in section 257.071, subdivision 
 1, pursuant to a voluntary release by the child's parent or 
 parents may bring a petition in juvenile court to review the 
 foster care status of the child in the manner provided in this 
 section.  

    Subd. 1b.    Child in need of protection or services; 
 habitual truant.  If there is a school attendance review board 
 or county attorney mediation program operating in the child's 
 school district, a petition alleging that a child is in need of 
 protection or services as a habitual truant under section 
 260.015, subdivision 2a, clause (12), may not be filed until the 
 applicable procedures under section 260A.06 or 260A.07 have been 
 exhausted. 

    Subd. 2.  The petition shall be verified by the person 
 having knowledge of the facts and may be on information and 
 belief.  Unless otherwise provided by this section or by rule or 
 order of the court, the county attorney shall draft the petition 
 upon the showing of reasonable grounds to support the petition. 

    Subd. 3.  The petition and all subsequent court documents 
 shall be entitled substantially as follows: 

    "Juvenile Court, County of ................. 

    In the matter of the welfare of ..........." 

    The petition shall set forth plainly: 

    (a) The facts which bring the child within the jurisdiction 
 of the court; 

    (b) The name, date of birth, residence, and post office 
 address of the child; 

    (c) The names, residences, and post office addresses of the 
 child's parents; 

    (d) The name, residence, and post office address of the 
 child's guardian if there be one, of the person having custody 
 or control of the child, and of the nearest known relative if no 
 parent or guardian can be found; 

    (e) The spouse of the child, if there be one.  If any of 
 the facts required by the petition are not known or cannot be 
 ascertained by the petitioner, the petition shall so state. 

    Subd. 4.    Delinquency petition; extended jurisdiction 
 juvenile.  When a prosecutor files a delinquency petition 
 alleging that a child committed a felony offense for which there 
 is a presumptive commitment to prison according to the 
 sentencing guidelines and applicable statutes or in which the 
 child used a firearm, after reaching the age of 16 years, the 
 prosecutor shall indicate in the petition whether the prosecutor 
 designates the proceeding an extended jurisdiction juvenile 
 prosecution.  When a prosecutor files a delinquency petition 
 alleging that a child aged 14 to 17 years committed a felony 
 offense, the prosecutor may request that the court designate the 
 proceeding an extended jurisdiction juvenile prosecution. 

    HIST: 1959 c 685 s 17; 1961 c 576 s 9,10; 1963 c 516 s 3; 1978 
 c 602 s 5; 1981 c 290 s 7; 1984 c 654 art 5 s 58; 1986 c 444; 
 1988 c 673 s 12; 1994 c 576 s 15; 1995 c 226 art 3 s 20,21; 1997 
 c 239 art 6 s 16,17