1998 Minnesota Statutes

     260.135 Summons; notice. 

    Subdivision 1.  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, neglected and in foster care, or delinquency petition 
 that contains allegations of child abuse over any other case 
 except those delinquency matters where a child is being held in 
 a secure detention facility.  As used in this subdivision, 
 "child abuse" has the meaning given it in section 630.36, 
 subdivision 2.  

    Subd. 2.  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 257.353. 

    Subd. 3.  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 local social services 
 agency, the court administrator shall notify the local social 
 services agency of the pendency of the case and of the time and 
 place appointed.  

    Subd. 4.  The court may issue a subpoena requiring the 
 appearance of any other person whose presence, in the opinion of 
 the court, is necessary.  

    Subd. 5.  If it appears from the notarized petition or by 
 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 and require that the child's 
 custody be immediately assumed by the court, the court may 
 order, by endorsement upon the summons, that the officer serving 
 the summons shall take the child into immediate custody. 

    HIST: 1959 c 685 s 18; 1963 c 516 s 4; 1980 c 580 s 8-10; 1984 
 c 654 art 5 s 58; 1985 c 286 s 3; 1986 c 444; 1Sp1986 c 3 art 1 
 s 82; 1988 c 673 s 16,17; 1989 c 235 s 9; 1994 c 631 s 31