2004 Minnesota Statutes

     260C.151 Summons; notice. 

    Subdivision 1.    Issuance of summons.  After a petition 
 has been filed and unless the parties hereinafter named 
 voluntarily appear, the court shall set a time for a hearing and 
 shall issue a summons requiring the person who has custody or 
 control of the child to appear with the child before the court 
 at a time and place stated.  The summons shall have a copy of 
 the petition attached, and shall advise the parties of the right 
 to counsel and of the consequences of failure to obey the 
 summons.  The court shall give docket priority to any child in 
 need of protection or services or neglected and in foster care, 
 that contains allegations of child abuse over any other case.  
 As used in this subdivision, "child abuse" has the meaning given 
 it in section 630.36, subdivision 2.  

    Subd. 2.    Notice.  After a petition has been filed 
 alleging a child to be in need of protection or services and 
 unless the persons named in clauses (1) to (4) voluntarily 
 appear or are summoned according to subdivision 1, the court 
 shall issue a notice to: 

    (1) an adjudicated or presumed father of the child; 

    (2) an alleged father of the child; 

    (3) a noncustodial mother; and 

    (4) a grandparent with the right to participate under 
 section 260C.163, subdivision 2. 

    Subd. 3.    Notice of pendency of case.  The court shall 
 have notice of the pendency of the case and of the time and 
 place of the hearing served upon a parent, guardian, or spouse 
 of the child, who has not been summoned as provided in 
 subdivision 1.  For an Indian child, notice of all proceedings 
 must comply with the Indian Child Welfare Act of 1978, United 
 States Code, title 25, section 1901, et seq., and section 
 260.765.  

    Subd. 4.    Termination of parental rights.  If a 
 petition alleging a child's need for protection or services, or 
 a petition to terminate parental rights is initiated by a person 
 other than a representative of the Department of Human Services 
 or responsible social services agency, the court administrator 
 shall notify the responsible social services agency of the 
 pendency of the case and of the time and place appointed.  

    Subd. 5.    Issuance of subpoena.  The court may issue a 
 subpoena requiring the appearance of any other person whose 
 presence, in the opinion of the court, is necessary.  

    Subd. 6.    Immediate custody.  If the court makes 
 individualized, explicit findings, based on the notarized 
 petition or sworn affidavit, that there are reasonable grounds 
 to believe the child is in surroundings or conditions which 
 endanger the child's health, safety, or welfare that require 
 that the child's custody be immediately assumed by the court and 
 that continuation of the child in the custody of the parent or 
 guardian is contrary to the child's welfare, the court may order 
 that the officer serving the summons take the child into 
 immediate custody. 

    HIST: 1999 c 139 art 3 s 9; art 4 s 2; 1999 c 245 art 8 s 49; 
 2001 c 178 art 1 s 12,44