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Order Promulgating Amendments to Rules of Juvenile Protection Procedure

Supreme Court of Minnesota

June 12, 2014

ORDER PROMULGATING AMENDMENTS TO THE RULES OF JUVENILE PROTECTION PROCEDURE AND THE RULES OF ADOPTION PROCEDURE

Lorie S. Gildea, Chief Justice.

In its report, the Supreme Court Advisory Committee on the Rules of Juvenile Protection Procedure recommended amendments to the Rules of Juvenile Protection Procedure and the Rules of Adoption Procedure to address the establishment of paternity in child protection cases, the content of reports to the court by social workers and guardians ad litem, adoption procedures for children under the guardianship of the commissioner of human services, and technical amendments to conform the rules to the statutes. By order filed April 9, 2014, the court invited comments on the proposed amendments. One written comment was received.

The court has reviewed the proposed amendments and the comment received. Based on all of the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. The attached amendments to the Rules of Juvenile Protection Procedure and the Rules of Adoption Procedure are prescribed and promulgated to be effective as of on July 1, 2014, and shall apply to all cases pending or commenced on or after the effective date.

2. The Advisory Committee comments are included for convenience and do not reflect court approval of the statements made therein.

AMENDMENTS TO RULES OF JUVENILE PROTECTION PROCEDURE

[Note: In the following amendments, deletions are indicated by a line drawn through the words and additions are indicated by a line drawn under the words.]

TABLE OF CONTENTS

RULE 3. APPLICABILITY OF OTHER RULES AND STATUTES

Rule 3.01. Rules of Civil Procedure

Rule 3.02. Rules of Evidence

Rule 3.03. Indian Child Welfare Act

Rule 3.04. Rules of Guardian Ad Litem Procedure

Rule 3.05. Court Interpreter Statutes, Rules, and Court Policies

Rule 3.06. General Rules of Practice for the District Courts

RULE 8. ACCESSIBILITY OF JUVENILE PROTECTION CASE RECORDS

Rule 8.01. Presumption of Access to Records

Rule 8.02. Effective Date

Rule 8.03. Applicability of Rules of Public Access to Records of the Judicial Branch

Rule 8.04. Records Not Accessible to the Public or Parties

Rule 8.05. Access to Exhibits

Rule 8.06. Access to Court Information Systems

Rule 8.07. Protective Order

Rule 8.08. Case Captions and Text of Decisions and Other Records

Rule 8.09. Access to Juvenile Protection Records by Family Court Judicial Officer

Rule 8.10. Access to Juvenile Protection Record by Parties and Child's Guardian ad Litem in Family Court Matter

RULE 16. SIGNING OF PLEADINGS, MOTIONS, AND OTHER DOCUMENTS; SERVICE AND FILING OF MOTIONS AND OTHER DOCUMENTS; SANCTIONS

Rule 16.01. Signature

Rule 16.02. Representations to Court

Rule 16.03. Service and Filing of Motions and Other Documents

Rule 16.04. Sanctions

RULE 21. PARTIES

Rule 21.01. Party Status

Rule 21.02. Rights of Parties

Rule 21.03. Parties' Names and Addresses

RULE 22. PARTICIPANTS

Rule 22.01. Participant Status

Rule 22.02. Rights of Participants

Rule 22.03. Participants' Names and Addresses

RULE 38. REPORTS TO THE COURT

Rule 38.01. Social Services Court Reports - Generally

Rule 38.02. Social Services Court Report - Child in Foster Care

Rule 38.03. Social Services Court Report - Reasonable Efforts to Identify and Locate Both Parents of Child

Rule 38.04. Social Services Court Report - Due Diligence to Identify and Notify Relatives

Rule 38.05. Social Services Court Report - Permanency Progress Review Hearing

Rule 38.06. Social Services Court Report - Child on Trial Home Visit

Rule 38.07. Social Services Court Report - Child Under State Guardianship

Rule 38.08. Social Services Court Report - Child Not in Foster Care

Rule 38.09. Social Services Court Report - Between Disposition Review Hearings

Rule 38.10. Objections to Agency's Report or Recommendations

Rule 38.11. Reports to the Court by Child's Guardian ad Litem

RULE 42. PERMANENT PLACEMENT AND TERMINATION OF PARENTAL RIGHTS MATTERS; POST-PERMANENCY REVIEW REQUIREMENTS

Rule 42.01. Timing

Rule 42.02. Purpose of Permanent Placement Determination Proceeding and Permanency Progress Review Hearing

Rule 42.03. Procedures for Permanency Permanent Progress Review Hearing and Permanent Placement Determination Hearing

Rule 42.04. Procedures for Permanent Placement Determination Procedures for Permanent Placement Determination Proceedings for a Child Eight (8) Years of Age or Older or a Child Under Age Eight (8) for Whom

Rule 42.05. Permanent Placement Findings and Order

Rule 42.06. Return Child Home

Rule 42.07. Transfer of Permanent Legal and Physical Custody to a Relative

Rule 42.08. Involuntary and Voluntary Termination of Parental Rights Proceedings

Rule 42.09. Guardianship and Legal Custody to the Commissioner of Human Services Upon Consent by the Child's Parent to Adopt Under Minn. Stat. § 260C.515, subd. 3 260C.201, subd. 11(d)

Rule 42.10. Order for Guardianship and Legal Custody When Parental Rights Are Terminated or When Parent Consents to Adoption

Rule 42.11. Review When child is Under Guaridanship of the Commissioner of Human Services; Contested Adoptive Placements Long Term Foster Care

Rule 42.12. Permanent Custody to Agency

Rule 42.12. Temporary Legal Custody to AgencyFoster Care for Specified Period of Time

Rule 42.13. Hearing for Child on Trial Home Visit at Time for Commencement of Permanency Proceedings

Rule 42.14. Terminating Jurisdiction When Child is Continued in Voluntary Foster Care for Treatment Under Minnesota Statutes Chapter 260D

Rule 42.15. Review of Child Who Experiences Disruption of a Permanent Placement

RULE 50. PARENTAGE MATTER

Rule 50.01. Scope

Rule 50.02. Judicial Assignment and Calendaring

Rule 50.03. Applicable Statutes and Rules

Rule 50.04. Responsible Social Services Agency to Provide Copy of Petition and Orders to County Child Support Enforcement Agency

Rule 50.05. No Extension of Permanency Timeline

Rule 50.06. Notification to Family court of Juvenile Protection Order

RULE 51. JURISDICTION TO AGE 18 AND CONTINUED REVIEW AFTER AGE 18

Rule 51.01. Continuing Jurisdiction to Age 18

Rule 51.02. Continuing Jurisdiction to Age 19

Rule 51.03. Continuing Jurisdiction and Review After Child's Eighteenth Birthday

RULE 1. SCOPE AND PURPOSE

Rule 1.01. Scope

These rules govern the procedure for juvenile protection matters in the juvenile courts in Minnesota. Juvenile protection matters include all matters defined in Rule 2.01(16.44).

Rule 1.02. Purpose

1999 Advisory Committee Comment (amended 2014)

The purpose statement is not intended to be a rule of construction. Rather, it is intended as a guide for judges, attorneys, social services personnel, families, and other judicial system stakeholders to articulate that the overall objective of juvenile court is to move expeditiously toward a resolution of the matter in such a way as to secure that which is in the best interests of the child while ensuring due process for all of the parties.

The purpose statement reflects the policy set forth in the federal Adoption and Safe Families Act of 1997, 42 U.S.C. § § 601, 603, 622, 629, 653, 675, 670-679, and 1320, which emphasizes that the overriding objective in any juvenile protection matter is to timely provide a safe, permanent home for the child. The purpose statement also reflects the policy set forth in Minnesota Statutes § 260C.001, subd. 2, which provides, in pertinent part, as follows:

The paramount consideration in all juvenile protection proceedings concerning a child alleged or found to be in need of protection or services is the health, safety, and best interests of the child...

The purpose of the laws relating to juvenile protection proceedings courts is to:

(1) secure for each child alleged or adjudicated in need of protection or services and under the jurisdiction of the court, the care and guidance, preferably in the child's own home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
(2) to provide judicial procedures that which-protect the welfare of the child;
(3) to preserve and strengthen the child's family ties whenever possible and in the child's best interests, removing the child from the custody of parents only when the child's welfare or safety cannot be adequately safeguarded without removal; and,
(4) to ensure that when removal from the child's own family is necessary and in the child's best interests, the responsible social services agency has legal responsibility for the child's removal...;
(5) to ensure that when placement is pursuant to court order, the court order removing the child or continuing the child in foster care contains an individualized determination that placement is in the best interests of the child that coincides with the actual removal of the child:
(6) to ensure that when the child is removed, secure for the child's custody, care and discipline is, as nearly as possible! equivalent to that which should have been given by the parents ...; and
(7) to ensure appropriate permanency planning for children in foster care....
Rule 1.02(h) calls for coordinated decision-making in those cases where one family is involved in simultaneous juvenile, criminal, and family court matters. The parties and the court should coordinate the separate proceedings to assure a consistent outcome that is in the best interests of the child.

RULE 2. DEFINITIONS

Rule 2.01. Definitions.

The terms used in these rules shall have the following meanings:

(1) "Adjudicated father" means an individual determined by a court, or pursuant to a recognition of parentage under Minnesota Statutes § 257.75 to be the biological father of the child.

(2) "Alleged father" means an individual claimed by a party or participant to be the biological father of a child.

(3) "Child" means an individual under 18 years of age. "Child" also includes individuals under age 21 who are in foster care pursuant to Minnesota Statutes § 260C.451.

(43) "Child placing agency" means any agency licensed pursuant to Minnesota Statutes § 245A.02_to § 245A.16 or § 252.28, subd. 2.

(54) "Child custody proceeding, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(1), and Minnesota Statutes § 260.755, subd. 3, means and includes:

(a) "foster care placement" which means any action removing an Indian child from the child's parent or Indian custodian for temporary placement in a foster home, institution, or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;
(b) "termination of parental rights" which means any action resulting in the termination of the parent-child relationship;
(c) "preadoptive placement" which means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and
(d) "adoptive placement" which means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime, or an award of custody to one of the parents in a divorce proceeding.

(6) "Child support" means an amount for basic support, child care support, and medical support pursuant to:

(a) the duty of support ordered in a parentage proceeding under Minnesota Statutes §§ 257.51-.74;

(b) a contribution by parents ordered under Minnesota Statutes § 256.87; or

(c) support ordered under Minnesota Statutes 518B or 518C.

(75) "Emergency protective care" means the placement status of a child when:

(a) taken into custody by a peace officer pursuant to Minnesota Statutes § 260C.151, subd. 6; § 260C.154; or § 260C.175; or

(b) returned home before an emergency protective care hearing pursuant to Rule 30 with court ordered conditions of release.

(86) "Extended family member, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(2), shall be as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen (18) and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.

(97) "Foster care" means the 24-hour-a-day substitute care for a child placed away from the child's parents or guardian and for whom a responsible social services agency has placement and care responsibilities under Minnesota Statutes § 260C.007, subd. 18. "Foster care" includes, but is not limited to, placement in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes. A child is in foster care under this definition regardless of whether the facility is licensed and payments are made for the cost of care. Nothing in this definition creates any authority to place a child in a home or facility that is required to be licensed which is not licensed. "Foster care" does not include placement in any of the following facilities: hospitals, inpatient chemical dependency treatment facilities, facilities that are primarily for delinquent children, any corrections facility or program within a particular correction's facility not meeting requirements for Title IV-E facilities as determined by the commissioner, facilities to which a child is committed under the provision of chapter 253B, forestry camps, or jails. Foster care is intended to provide for a child's safety or access to treatment. Foster care must not be used as a punishment or consequence for a child's behavior.

(108) "Independent living plan" is a plan for a child age sixteen (16) or older who is in placement as a result of a permanency disposition which includes the objectives set forth in Minnesota Statutes § 260C.212, subd. 1(c)(11-8).

(119) "Indian child, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(4), and modified by Minnesota Statutes § 260.755, subd. 8, means any unmarried person who is under age eighteen (18) and is either (a) a member of an Indian tribe or (b) eligible for membership in an Indian tribe.

(1210) "Indian custodian, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(6), and Minnesota Statutes § 260.755, subd. 10, means an Indian person who has legal custody of an Indian child under tribal law or custom or under state law, or to whom temporary physical care, custody, and control has been transferred by the parent of such child.

(1311) "Indian child's tribe, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(5), and Minnesota Statutes § 260.755, subd. 9, means:

(a) the Indian tribe in which an Indian child is a member or eligible for membership; or
(b) in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts.

(1412) "Indian tribe, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(8), and Minnesota Statutes § 260.755, subd. 12, means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. § 1602(c), and exercising tribal governmental powers.

(1513) "Juvenile protection case records" means all records of the juvenile court regarding a particular case or controversy, including all records filed with the court and the official transcript. Juvenile protection case records do not include reporter's notes and tapes, electronic recordings, and unofficial transcripts of hearings and trials. See also "records" defined in subdivision (26-24).

(1614) "Juvenile protection matter" means any of the following types of matters:

(a) child in need of protection or services matters as defined in Minnesota Statutes § 260C.007, subd. 6, including habitual truant and runaway matters; (b) neglected and in foster care matters as defined in Minnesota Statutes § 260C.007, subd. 24;
(c) review of voluntary foster care matters as defined in Minnesota Statutes § 260C.141, subd. 2;
(d) review of out-of-home placement matters as defined in Minnesota Statutes § 260C.212;
(e) termination of parental rights matters as defined in Minnesota Statutes § 260C.301_to § 260C.328; and
(f) permanent placement matters as defined in Minnesota Statutes § 260C.503-.521260C.201, subd. 11, including matters involving termination of parental rights, guardianship to the commissioner of human services, transfer of permanent legal and physical custody to a relative matters; termination of parental rights matters; long term foster care matters; permanent custody to the agency, and temporary legal custody to the agency, foster care for a specified period of time matters; and guardianship and legal custody to human services matters; and matters involving voluntary placement pursuant to Minnesota Statutes 260D.07.

(1715) "Legal custodian" means a person, including a legal guardian, who by court order or statute has sole or joint legal or physical custody of the child.

(18) "Nonresident parent" means a parent who was not residing with the child at the time the child was removed from the home.

(1916) "Parent" is defined in as adapted from Minnesota Statutes § 260C.007, subd. 25, means the birth, legally adjudicated, or adoptive parent of a minor child. For an Indian child, pursuant to Minnesota Statutes § 260.755, subd. 14, parent also includes any Indian person who has legally adopted an Indian child including a person who has adopted a child by tribal law or custom, but "parent" does not include an unmarried father whose paternity has not been acknowledged or established.

(20) "Parentage matter" means an action under Minnesota Statutes § 257.51-.74 to:

(a) establish a parent and child relationship, including determination of paternity or maternity, the name of the child, legal and physical custody, parenting time, and child support; or
(b) declare the nonexistence of the parent and child relationship.

(2117) "Person, " as defined in Minnesota Statutes § 260C.007, subd. 26, includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies.

(2218) "Presumed father" means an individual who is presumed to be the biological father of a child under Minnesota Statutes § 257.55, subd. 1, or § 260C.150, subd. 2.

(2319) "Protective care" means the right of the responsible social services agency or child-placing agency to temporary physical custody and control of a child for purposes of foster care placement, and the right and duty of the responsible social services agency or child-placing agency to provide the care, food, lodging, training, education, supervision, and treatment the child needs.

(2420) "Protective supervision, " as referenced in Minnesota Statutes § 260C.201, subd. 1(a)(1), means the right and duty of the responsible social services agency or child-placing agency to monitor the conditions imposed by the court directed to the correction of the child's need for protection or services while in the care of the child's parent or legal custodian.

(25) "Putative Father" has the meaning set forth in Minnesota Statutes § 259.21.

(2621) "Qualified expert witness, " as defined in Minnesota Administrative Rule 9560.0221, subp. 3G, means:

(a) a member of an Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs of family organization and child rearing;
(b) a lay expert witness having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child's tribe; or
(c) a professional person having substantial education and experience in the area of the professional person's specialty, along with substantial knowledge of prevailing social and cultural standards and child-rearing practices within the Indian community.

(2722) "Reasonable efforts to prevent placement, " as defined in Minnesota Statutes § 260.012(d) means:

(a) the agency has made reasonable efforts to prevent the placement of the child in foster care; or
(b) given the particular circumstances of the child and family at the time of the child's removal, there are no services or efforts available which could allow the child to safely remain in the home.

"Reasonable efforts" are made upon the exercise of due diligence by the responsible social services agency to use culturally appropriate and available services to meet the needs of the child and the child's family.

(2823) "Reasonable efforts to finalize a permanent plan for the child, " as defined in Minnesota Statutes § 260.012(e) and (f) means due diligence by the responsible social services agency:

(a) to reunify the child with the parent or guardian from whom the child was removed;
(b) to assess a noncustodial parent's ability to provide day-to-day care for the child and, where appropriate, provide services necessary to enable the noncustodial parent to safely provide the care, as required by Minnesota Statutes § 260C.212, subd. 4;
(c) to conduct a relative search as required under Minnesota Statutes § 260C.212, subd. 5;
(d) place siblings removed from their home in the same home for foster care or adoption, or transfer permanent legal and physical custody to a relative. Visitation between siblings who are not in the same foster care, adoption, or custodial placement or facility shall be consistent with Minnesota Statutes § 260C.212, subd. 2; and

(ed) when the child cannot return to the parent or guardian from whom the child was removed, to plan for and finalize a safe and legally permanent alternative home for the child, and consider permanent alternative homes for the child inside or outside of the state, preferably through adoption or transfer of permanent legal and physical custody of the child.

"Reasonable efforts" are made upon the exercise of due diligence by the responsible social services agency to use culturally appropriate and available services to meet the needs of the child and the child's family.

(2924) "Records" means any recorded information that is collected, created, received, maintained, or disseminated by a court or court administrator, regardless of its physical form or method of storage, and specifically excludes judicial work product and drafts as defined in the Rules of Public Access to Records of the Judicial Branch. See also "juvenile protection case records" defined in subdivision (15-13).

(3025) "Relative" as defined in Minnesota Statutes § 260C.007, subd. 27, means a person related to the child by blood, marriage, or adoption, or an individual who is an important friend with whom the child has resided or had significant contact. 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 laws or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978, 25 U.S.C. § 1903(2).

(3126) "Removed from home" means the child has been taken out of the care of the parent or legal custodian, including a substitute caregiver, and placed in foster care or in a shelter care facility.

(3227)"Reservation, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(10), means Indian country as defined in 18 U.S.C. § 1151 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation.

(3328) "Shelter care facility, " as adapted from Minnesota Statutes § 260C.007, subd. 30, means a physically unrestricting facility, including but not limited to, a hospital, a group home, or a facility licensed for foster care pursuant to Minnesota Statutes Chapter 245A, used for the temporary care of a child during the pendency of a juvenile protection matter.

(3429) "Trial home visit, " as defined in Minnesota Statutes § 260C.201, subd. 1(a)(3), means the child is returned to the care of the parent or legal custodian from whom the child was removed for a period not to exceed six months, with agency authority and responsibilities set forth in the statute.

(3530)"Tribal court, " as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(12), means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.

(3631) "Voluntary foster care" means placement of a child in foster care based on a written agreement between the responsible social services agency or child placing agency and the child's parent, guardian, or legal custodian or the child, when the child is age 18 or older. The voluntary foster care agreement gives the agency legal responsibility for the placement of the child. The voluntary foster care agreement is based on both the agency's and the parent's, guardian's, or legal custodian's assessment that placement is necessary and in the child's best interests. See Minnesota Statutes § 260C.227, § 260C.229, 260C.212, subd. 8, and § 260D.02, subd. 5.

(3732) "Voluntary foster care of an Indian child, " as defined in Minnesota Statutes § 260.755, subd. 22, means a decision in which there has been participation by a local social services agency or private child-placing agency resulting in the temporary placement of an Indian child away from the home of the child's parent or Indian custodian in a foster home, institution, or the home of a guardian, and the parent or Indian custodian may have the child returned upon demand.

RULE 4. TIME; TIMELINE

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Rule 4.03. Timeline

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Subd. 2. Permanent Placement Matters - Notice of Timeline for Permanency Proceedings. In the case of a child who is alleged or found to be in need of protection or services and ordered into foster care or the home of a noncustodial or nonresident parent, and where reasonable efforts for reunification are required, pursuant to Rule 42.01, subd. 1, the court in its first order placing the child in foster care or the home of a noncustodial or nonresident parent shall set the date or deadline for the admit/deny hearing commencing permanent placement determination proceedings and the permanency progress review hearing required for a child who is under age eight (8) at the time the petition is filed alleging the child to be in need of protection or services. Pursuant to Rule 42.01, subd. 5, not later than when the court sets the date or deadline for the admit/deny hearing commencing the permanent placement determination proceedings and the permanency progress review hearing, the court shall notify the parties and participants of the following requirements:

(a) Requirement of Six (6) Month Permanency Progress Review Hearing, for Child Under Eight (8) Years of Age. For a child who is under eight (8) years of age at the time a petition is filed alleging the child to be in need of protection or services, pPursuant to Rule 42.01, subd. 5(a), and Minnesota Statute § 260C.204, the court shall conduct a permanency progress review hearing not later than six (6) months after the child is placed in foster care or in the home of a noncustodial or nonresident parent to review the progress of the case, the parent's progress on the out-of-home placement plan, and the provision of services. At the hearing required under this paragraph, the court may conduct a permanency progress review hearing for any sibling of the child, regardless of age, when the sibling is also in foster care or in the home of a noncustodial parent.

(b) Requirement of Twelve (12) Month Hearing. Pursuant to Rule 42.01, subd. 5(b), and Minnesota Statutes § 260C.503, the court shall commence permanent placement determination proceedings to determine the permanent status of the child, - regardless of age, not later than twelve (12) months after the child is placed in foster care or in the home of a noncustodial or nonresident parent.

Subd. 3. Permanent Placement Petition and Trial for Child Under Eight (8) Years of Age. In the case of a child under eight (8) years of age at the time the child in need of protection or services petition is filed, if the court determines at the permanency progress review hearing required under Rule 42.01, subd. 1(b), that the parent or legal custodian has not maintained regular contact with the child as outlined in the visitation plan or is not complying with the case plan or out of home placement pursuant to Rule 42.04(a) a petition supporting the permanency plan shall be filed and served within thirty (30) days of the hearing under this paragraph. Pursuant to Rule 39.02, subd. 1(b), a trial on the petition shall be commenced within thirty (30) days of the filing of a petition in the case of a transfer of legal custody or within ninety (90) days of the filing of the petition in the case of a petition for termination of parental rights, and testimony shall be concluded within thirty (30) days from the date of commencement of the trial and whenever possible should be over consecutive days.Pursuant to Rule 39.05, subd. 1, within fifteen (15) days of the conclusion of the testimony, during which time the court may require simultaneous written arguments to be filed and served, the court shall issue its findings and order regarding whether the statutory grounds set forth in the petition have or have not been proved. The court may extend the period for issuing an order for an additional fifteen (15) days if the court finds that an extension of time is required in the interests of justice and the best interests of the child.

Subd. 3-4. Termination of Parental Rights and Other Permanent Placement Matters at Twelve (12) Months.

* * * * *

(e) Post-Permanency Review Hearings.

(1) If the court orders termination of parental rights and adoption as the permanency plan, pursuant to Rule 42.08, subd. 5, the court shall conduct a review hearing ninety (90) days from the date of the termination of parental rights order is filed, and at least every ninety (90) days thereafter, for the purpose of reviewing the progress towards finalization of the adoption.

(2) If the court orders transfer of permanent legal and physical custody to a relative, pursuant to Rule 42.07, subds. 3 and 7, the court may order further in-court review hearings at such intervals as it determines to be in the best interests of the child to ensure that the appropriate services are being delivered to the child and permanent legal physical custodian or that conditions ordered by the court relating to the care and custody of the child are met.

(3) If the court orders permanent custody to the agency long-term foster care, pursuant to Rule 42.12, subd. 342.11, subd. 4, the court shall review the matter in court at least every twelve (12) months to consider whether long term foster care continues to be the best permanent plan for the child.

(4) If the court orders temporary custody to the agencyfoster care for a specified period of time, pursuant to Rule 42.1342.12, subd. 3, not later than twelve (12) months after the child was ordered into foster care for a specified period of time the matter shall be returned to court for a review of the appropriateness of continuing the child in foster care and of the responsible social service agency's reasonable efforts to finalize a permanent plan for the child.

Subd. 4-5. Hearing for Child on a Trial Home Visit. Pursuant to Rule 42.01, subd. 2, when the child has been ordered on a trial home visit which continues at the time the court is required to commence permanent placement determination proceedings under Rule 42.01, within twelve (12) months of the date a child is placed in foster care the court shall hold a hearing pursuant to Rule 42.13 to determine the continued status of the child.

Subd. 5-6. Cases Where Reasonable Efforts For Reunification Are Not Required. Pursuant to Rule 42.01, subd. 6, when the court finds that the petition states a prima facie case that at least one or more of the five (5) circumstances under Minnesota Statutes § 260.012(a) and Rule 30.09, subd. 3, exists where reasonable efforts for reunification are not required, the court shall order that an admit/deny hearing under Rule 34 be conducted within thirty (30) days and a trial be conducted within ninety (90) days of its prima facie finding. Unless a permanency or termination of parental rights petition under Rule 33 has already been filed, the county attorney requesting the prima facie determination shall file a permanency or termination of parental rights petition that permits the completion of service by the court at least ten (10) days prior to the admit/deny hearing.

RULE 5. CONTINUANCES

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Rule 5.03. Existing Orders; Interim Orders

Unless otherwise ordered, existing orders shall remain in full force and effect during a continuance. When a continuance is ordered, the court may make any interim orders it deems to be in the best interests of the child in accordance with the provisions of Minnesota Statutes § 260C.001-to § .637260C.151.

RULE 8. ACCESSIBILITY OF JUVENILE PROTECTION CASE

RECORDS

Rule 8.09. Access to Juvenile Protection Record by Family Court Judicial Officer

In any family court matter involving custody or parenting time regarding a child who has been or is the subject of a juvenile protection matter, the assigned judicial officer shall, upon notice to the parties, have access to the entire juvenile protection court record. Upon request of a party made within ten (10) days of the court's notice to the parties, the parties shall have an opportunity to be heard after the court accesses the file.

Rule 8.10. Access to Juvenile Protection Record by Parties and Child's Guardian ad Litem in Family Court Matter

The parties to a family court matter involving a determination of custody or parenting time regarding a child who has been or is the subject of a juvenile protection matter, including any person established as a parent in a parentage matter and any guardian ad litem appointed in the family court matter, shall have access to the juvenile protection case record to the same extent as a party to the juvenile protection matter has access under Rule 8. If the juvenile court has issued a protective order under Rule 8.07, the portions of the juvenile protection case record subject to the protective order continue to be subject to the protective order when accessed by any party to the family court matter.

2014 Advisory Committee Comment

Rules 8.09 and 8.10 serve the child's best interests and judicial economy by permitting access by the family court judicial officer to information in the juvenile court case record when the two courts are hearing or have heard matters regarding the same child. After giving the parties notice, the family court judicial officer may have the same access to the juvenile protection file as the juvenile court judicial officer. A legal parent in a family matter has access to the juvenile protection case record to the same extent as a party to the juvenile protection matter. If the juvenile court has issued a protective order regarding the content of the juvenile protection case record, that order remains in effect regarding access by any party to the family court matter.

RULE 10. ORDERS

Rule 10.01. Written or Oral Orders; Timing

Court orders may be written or stated on the record. An order stated on the record shall also be reduced to writing by the court. Except for orders issued following a trial pursuant to Rule 39.05, all orders shall be filed with the court administrator within fifteen (15) days of the conclusion of the testimony, unless the court finds that a fifteen (15)-day extension is required in the interests of justice or the best interests of the child. Each order issued following a hearing shall include the name and contact information of the court reporter. Failure to include the court reporter contact information does not extend the timeline for appeal. An order shall remain in full force and effect pursuant to law or until the first occurrence of one of the following:

(a) issuance of an inconsistent order; or
(b) the order ends pursuant to the terms of the order-or
(e) jurisdiction of the juvenile court is terminated.

Rule 10.03. Method and Timing of Service; Persons to be Served

Subd. 1. Persons to be Served and Method of Service. Service of court orders shall be made by the court administrator upon each party, county attorney, and such other persons as the court may direct, and may be made by delivery at the hearing, by U.S. mail, or as otherwise directed by the court. If a party is represented by counsel, delivery or service shall be upon counsel.

Subd. 2. Service Not Required. If service of the summons was by publication and the person has not appeared either personally or through counsel, service of court orders upon the person is not required.

Subd. 3. Timing of Service. Service of the order by the court administrator shall be accomplished within five (5) days of the date the judicial officer delivers the order to the court administrator. In a termination of parental rights matter or other permanency matter, service by the court administrator of the findings and order terminating parental rights or establishing other permanency for the child shall be accomplished within three (3) days of the date the judicial officer delivers the order to the court administrator.

Subd. 4. Notification to Family Court. If a parentage matter is pending in family court regarding a child who is the subject of a juvenile protection matter, the court administrator shall send notification to the family court administrator and the assigned family court judicial officer of the filing of an order listed in Rule 50.06, subd. 2.

2014 Advisory Committee Comment

The phrase "send notification" to the family court is used in subdivision 4 to permit flexibility at the local level in determining the "notification" used to alert both the family court administrator and the assigned family court judicial officer that the juvenile protection matter has progressed to the point where the parentage matter may be completed. It is not intended to require formal legal notice as that term is used in Rule 32 in regard to ensuring parties or participants have notice of hearings or as used in Rule 10.04 in regard to notice of filing of an order. Court administration may use "notice of filing" as set out in Rule 10.04, but may also use any other reasonable means of letting family court know the parentage matter may be completed..

RULE 16. SIGNING OF PLEADINGS, MOTIONS, AND OTHER DOCUMENTS; SERVICE AND FILING OF MOTIONS AND OTHER DOCUMENTS; SANCTIONS

Rule 16.01. Signature

Subd. 1. Generally. Except as otherwise provided in these rules, every pleading, written motion, and other similar document shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's name, address, and telephone number, and attorney registration number if signed by an attorney. If providing a party's or participant's address and telephone number would endanger the party or participant, the address and telephone number may be provided to the court in a separate information statement that and-shall not be accessible to the public, or to fee-parties, or participants, but shall be accessible to the attorneys and the guardian ad litem. Upon notice and motion, the court may disclose the address and telephone number as it deems appropriate. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned document shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. When authorized by order of the Minnesota Supreme Court, the filing, serving, or submitting of a document using an E-Filing System established by order of the court constitutes certification of compliance with the signature requirements of these rules.

RULE 20. ALTERNATIVE DISPUTE RESOLUTION

[Reserved for future use.] The court may authorize alternative dispute resolution pursuant to Minnesota Statutes § 260C.163, subd. 12.

1999 Advisory Committee Comment

The Committee recommends the appointment of a separate advisory committee to research, draft, and recommend rules for alternative dispute resolution in juvenile protection matters. In the meantime, the absence of a rule is not intended to imply that parties may not use mediation or other alternative dispute resolution to achieve results in the best interests of the child,

RULE 21. PARTIES

Rule 21.01. Party Status

Subd. 1. Parties Generally. Parties to a juvenile protection matter shall include:

(a) the child's guardian ad litem;
(b) the child's legal custodian;
(c) in the case of an Indian child, the child's parents as defined in Rule 2.01(1916), the child's Indian custodian, and the Indian child's tribe through the tribal representative;
(d) the petitioner;
(e) any person who intervenes as a party pursuant to Rule 23;
(f) any person who is joined as a party pursuant to Rule 24; and
(g) any other person who is deemed by the court to be important to a resolution that is in the best interests of the child. * * * * *

Rule 21.03. Parties' Names and Addresses

It shall be the responsibility of the petitioner to set forth in the petition the names and addresses of all parties if known to the petitioner after reasonable inquiry, and to specify that each such person has party status. It shall be the responsibility of each party to inform the court administrator of any change of address. If a party is endangered, the party may ask the court to keep the party's name and address confidential and, if the court grants the request, the name and address shall be provided to the court in a separate information statement that shall not be accessible to the public, parties, or participants, but shall be accessible to the attorneys and the guardian ad litem.

RULE 22. PARTICIPANTS

Rule 22.01. Participant Status

Unless already a party pursuant to Rule 21, or unless otherwise specified, participants to a juvenile protection matter shall include:

(a) the child;
(b) any parent who is not a legal custodian and any alleged, adjudicated, or presumed father;
(c) the responsible social services agency, when the responsible social services agency is not the petitioner;
(d) any guardian ad litem for the child's legal custodian;
(e) grandparents with whom the child has lived within the two (2) years preceding the filing of the petition;
(f) relatives or other persons providing care for the child and other relatives who request notice;
(g) current foster parents, persons proposed as permanent long term foster care parents, and persons proposed as pre-adoptive parents;
(h) the spouse of the child, if any; and
(i) any other person who is deemed by the court to be important to a resolution that is in the best interests of the child.

Rule 22.03. Participants' Names and Addresses

It shall be the responsibility of the petitioner to set forth in the petition the names and addresses of all participants if known to the petitioner after reasonable inquiry, and to specify that each such person has participant status. It shall be the responsibility of each participant to inform the court administrator of any change of address. If a participant is endangered, the participant may ask the court to keep the participant's name and address confidential and, if the court grants the request, the name and address shall be provided to the court in a separate information statement that shall not be accessible to the public, parties, or participants, but shall be accessible to the attorneys and the guardian ad litem.

RULE 25. RIGHT TO REPRESENTATION; APPOINTMENT OF COUNSEL

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Rule 25.02. Appointment of Counsel

Subd. 1. Child. Each child has the right to effective assistance of counsel in connection with a juvenile protection matter.Counsel for the child shall not also act as the child's guardian ad litem.

(a) Juvenile Protection Matters. Appointment of counsel for a child who is the subject of a juvenile protection matter shall be pursuant to Minnesota Statutes § 260C.163, subd. 3(a) - (e). Appointment of counsel for an Indian child who is the subject of a juvenile protection matter shall be pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1912(b). Except in proceedings where the sole basis for the petition is habitual truancy, if the child desires counsel but is financially unable to employ it, the court shall appoint counsel to represent the child who is ten (10) years of age or older and may appoint counsel to represent a child under age ten (10) in any case in which the court determines that such appointment is appropriate.

(b) Truancy Matters. In any proceeding where the sole basis for the petition is habitual truancy, the child does not have the right to appointment of a public defender or other counsel at public expense.However, before any out-of-home placement, including foster care or inpatient treatment, can be ordered, the court shall appoint a public defender or other counsel at public expense to represent the child.

(e) Indian Child. In any juvenile protection matter involving an Indian child, the court may, in its discretion, appoint counsel for an Indian child upon a finding that such appointment is in the best interests of the child.

(d) Request; Timing. The court may sua sponte appoint counsel for the child, or may do so upon the request of any party or participant. Any such appointment of counsel for the child shall occur as soon as practicable after the request is made. For purposes of appeal, appointment of counsel in a juvenile protection matter shall be made within three (3) days of the request for counsel. When possible, the trial court attorney should be appointed as appellate counsel.

Subd. 2. Parent, Legal Custodian, or Indian Custodian. Each parent, legal custodian, or Indian custodian has the right to effective assistance of counsel in connection with a juvenile court proceeding. Appointment of counsel for a parent or legal custodian whose child is the subject of a juvenile protection matter shall be pursuant to Minnesota Statutes § 260C.163, subd. 3(a) - (g). Appointment of counsel for a parent or Indian custodian of an Indian child who is the subject of a juvenile protection matter shall be pursuant to the Indian Child Welfare Act 25 U.S.C. § 1912(b).

(a) Juvenile Protection Matters. Except in proceedings where the sole basis for the petition is habitual truancy, if the child's parent or legal custodian desires counsel but is financially unable to employ it, the court shall appoint counsel to represent the parent or legal custodian in any juvenile protection matter in which the court determines that such appointment is appropriate.

(b) Truancy Matters. In any proceeding where the sole basis for the petition is habitual truancy, the parent or legal custodian does not have the right to appointment of a public defender or other counsel at public expense. However, before any out of home placement, including foster care or inpatient treatment, can be ordered, the court shall appoint a public defender or other counsel at public expense to represent the parent in accordance with subdivision 2(a).

(e) Indian Parent or Custodian. In any juvenile protection matter involving an Indian child, if the child's parent or Indian custodian is unable to afford it, the court shall appoint counsel to represent the parent or Indian custodian.

(d)—Timing. The appointment of counsel for the parent, legal custodian, or Indian custodian shall occur as soon as practicable after the request is made. For purposes of appeal, appointment of counsel in a juvenile protection matter shall be made within three (3) days of the request for counsel. When possible, the trial court attorney should be appointed as appellate counsel.

Subd. 3. Guardian Ad Litem. The court may appoint separate counsel for the guardian ad litem if necessary. A public defender may not be appointed as counsel for a guardian ad litem. For purposes of appeal, appointment of counsel in a juvenile protection matter shall be made within three (3) days of the request for counsel. When possible, the trial court attorney should be appointed as appellate counsel.

Subd. 4. Child's Preference. In any juvenile protection matter where the child is not represented by counsel, the court shall determine the child's preferences regarding the proceedings, if the child is of suitable age to express a preference.

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Rule 25.04. Notice of Right to Representation

Any child, parent, er-legal custodian, or Indian custodian who appears in court and is not represented by counsel shall be advised by the court on the record of the right to representation pursuant to Rule 25.

RULE 30. EMERGENCY PROTECTIVE CARE HEARING

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Rule 30.09. Factors

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Subd. 3. Cases Permitting By-Pass of Child in Need of Protection or Services Proceedings.

(a) Permanency Determination. Reasonable efforts to prevent placement and for rehabilitation and reunification are always required except upon notice by the county attorney and a determination by the court at the emergency protective care hearing, or at any time prior to adjudication, that a petition has been filed stating a prima facie case that at least one of the circumstances under Minnesota Statutes 260C.012(a) exists. At-fee emergency protective care hearing, or at any time prior to adjudication, and upon notice and request of the county attorney, the court shall determine whether a petition has been filed stating a prima facie case that:

(1)—the parent has subjected a child to egregious harm as defined in Minnesota Statutes § 260C.007, subd. 11;

(2) the parental rights of the parent to another child have been terminated involuntarily;

(3) the child is presumed to be an abandoned infant under Minnesota Statutes § 260C.301, subd. 2(a);

(4) the parent's custodial rights to another child have been involuntarily transferred to a relative under Minnesota Statutes § 260C.201, subd. 11(d)(1) or a similar law of another jurisdiction; or

(5) the provision of services or the provision of further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances.

(b) Permanency Hearing Required. If Once the court makes a_the-determination required in under subdivision 3(a), the court shall bypass the child in need of protection or services proceeding and shall proceed directly to permanency by scheduling schedule a permanent placement determination hearing pursuant to Rule 42 within thirty (30) days.

Rule 30.10. Protective Care Findings and Order

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2006 Advisory Committee Comment (amended 2014)

When the court orders a child into "protective care, " the court is ordering the child placed in foster care. That means the responsible social services agency has the right to temporary physical custody and control of the child. See Rule 2.01(23-19); Minn. Stat. §§ 260C.178, subd. 1; and 260C.007, subd. 18. The responsible social services agency must make an individualized determination that the placement selected is in the best interests of the child using the eight factors set out in the statute. Minn. Stat. § 260C.201, subd. 1(a)(2)(h), and § 260C.212, subd. 2. The agency documents its use of the eight best interest factors in the Out-of-Home Placement Plan required under Minn. Stat. § 260C.212, subd. 1, and Rule 37.02. The court reviews the agency's use of the eight statutory best interest factors during the hearing required under Rule 41 and Minn. Stat. § 260C.193, subd. 3.

RULE 31. METHODS OF FILING AND SERVICE

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Rule 31.02. Types of Service

Subd. 1. Personal Service. Personal service means personally delivering the original document to the person to be served or leaving it at the person's home or usual place of abode with a person of suitable age and discretion residing therein, unless the court authorizes service by publication. Unless otherwise provided by these rules or ordered by the court, the sheriff or other person not less than eighteen (18) years of age and not a party to the action may make personal service of a summons or other process. The social services reports and guardian ad litem reports required under Rule 38 may be served directly by the social worker and guardian ad litem. Whenever personal service is required under these rules, the court may authorize alternative personal service pursuant to Rule 31.02, subd. 6.

(a) Personal Service Outside State. Personal service of a summons outside the state, proved by the affidavit of the person making the same sworn to before a person authorized to administer an oath, shall have the same effect as the published notice.

(b) Service Outside United States. Unless otherwise provided by law, service upon an individual, other than an infant or an incompetent person, may be effected in a place not within the state:

(1) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

(2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

(a) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or
(b) as directed by the foreign authority in response to a letter rogatory or letter of request; or
(c) unless prohibited by the law of the foreign country, by: (i) delivery to the individual personally of a copy of the summons and the complaint; or
(ii) any form of mail requiring a signed receipt, to be addressed and dispatched by the court administrator to the party to be served; or

(3) by other means not prohibited by international agreement as may be directed by the court.

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Subd. 6. Alternative Personal Service.

(a) Alternative personal service may be made by mailing by first-class U.S. mail, postage prepaid to the person to be served, a copy of the document to be served together with two copies of a notice and acknowledgment of service by mail conforming substantially to a form to be developed by the State Court Administrator, along with a return envelope, postage prepaid, addressed to the sender.

(b) Any person served by U.S. mail who receives a notice and acknowledgement of service by mail form shall, within twenty (20) days of the date the notice and acknowledgment form is mailed, complete the acknowledgment part of the form and return one copy of the completed form to the serving party.

(c) If the serving party does not receive the completed acknowledgment form within twenty (20) days of the date it is mailed, service is not valid upon that party. The serving party shall then serve the document by any means authorized under subdivision 2.

(d) The judge may order the costs of personal service to be paid by the person served, if such person does not complete and return the notice and acknowledgment form within twenty (20) days of the date it is mailed.

2014 Advisory Committee Comment

Rule 31.06, subd. 6, is based upon alternative personal service authorized under Rule 355.02, subd. 1(c), of the General Rules of Practice for the District Courts.

RULE 32. SUMMONS AND NOTICE

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Rule 32.02. Summons

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Subd. 2. Upon Whom; Cost.

(a) Generally. Except as provided in subdivision 33fb), the The court shall serve a summons and petition upon each party identified in Rule 21; the child's parents, except alleged fathers who shall be served a notice of hearing pursuant to Rule 32.03; except as provided in subdivision 3(b), and upon any other person whose presence the court deems necessary to a determination concerning the best interests of the child. The cost of service of a summons and petition filed by someone other than a non-profit or public agency shall be paid by the petitioner.

(b) Termination of Parental Rights Matters. In addition to the requirements of subdivision 2(a), in any termination of parental rights matter the court administrator shall serve the summons and petition upon the county attorney, any guardian ad litem for the child's parent or legal guardian custodian, and any attorney representing a party in an ongoing child in need of protection or services proceeding involving the subject child. A summons shall not be served upon a putative father, as defined in Minnesota Statutes § 259.21, who has failed to timely register with the Minnesota Fathers' Adoption Registry under Minnesota Statutes § 259.52, unless that individual also meets the requirements of Minnesota Statutes § 257.55 or is required to be given notice under Minnesota Statutes § 259.49, subd. 1.

Subd. 3. Service.

(a) Generally. Unless the court orders service by publication pursuant to Rule 31.02, subd. 3, the summons and petition shall be personally served upon the child's parents or legal guardiancustodian, and the summons shall be served personally or by U.S. mail upon all other parties and attorneys. Alleged parents and participants shall be served a notice of hearing pursuant to Rule 32.03. The court may authorize alternative personal service pursuant to Rule 31.02, subd. 6.

RULE 33. PETITION

Rule 33.01. Drafting; Filing; Service

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Subd. 3. Termination of Parental Rights Matters.

(a) Drafting. A termination of parental rights petition may be drafted and filed by the county attorney or any responsible person.

(b) Filing and Service. Any termination of parental rights petition shall be filed in a file separate from the child in need of protection or services file, if one exists. A petition shall be served pursuant to Rule 32.02.

(c) Egregious Harm, Abandonment of an Infant, Previous Involuntary Termination of Parental Rights, or Previous Involuntary Transfer of Permanent Legal and Physical Custody Matters. The county attorney shall file a termination of parental rights petition within thirty (30) days of the responsible social services agency determining that a child:

(1) has been subjected to egregious harm as defined in Minnesota Statutes § 260C.007, subd. 14;
(2) is the sibling of another child who was subjected to egregious harm by the parent;
(3) is an abandoned infant as defined in Minnesota Statutes § 260C.301, subd. 2;
(4) is a child of a parent whose parental rights to another child have been involuntarily terminated; or
(5) is the child of a parent whose custodial rights to another child have been involuntarily transferred to a relative under Minnesota Statutes § 260C.515, subd. 4_260C201, subd. 11, or similar law of another jurisdiction.

Subd. 4. Permanent Placement Matters.

(a) Generally. Any permanent placement petition required under Rule 42 shall be filed in a file separate from the child in need of protection or services file, if one exists.

(b) Filing by Whom; Service. The county attorney shall file a permanent placement petition in juvenile court to determine the permanent placement of a child. The county attorney may seek any alternative permanent placement relief, and any other party may seek only termination of parental rights or transfer of permanent legal and physical custody to a relative. A party, including a guardian ad litem for the child, shall file a permanent placement petition if the party disagrees with the permanent placement determination set forth in the petitions filed by other parties. A petition shall be served pursuant to Rule 32.02.

Rule 33.02. Content

Subd. 1. Generally. Every petition filed with the court in a juvenile protection matter, or a sworn affidavit accompanying such petition, shall contain:

(a) a statement of facts that, if proven, would support the relief requested in the petition;
(b) the child's name, date of birth, race, gender, current address unless stating the address would endanger the child or seriously risk disruption of the current placement, and, if the child is believed to be an Indian child, the name of the child's tribe;
(c) the names, race, dates of birth, residences, and post office addresses of the child's parents when known, and, if the child is believed to be an Indian child, the name of the child's tribe;
(d) the name, residence, and post office address of the child's legal custodian, the person having custody or control of the child, the nearest known relative if no parent or legal custodian can be found, and, if the child is believed to be an Indian child, the name and post office address of the child's Indian custodian, if any, and the Indian custodian's tribal affiliation;
(e) the name, residence, and post office address of the spouse of the child;
(f) the statutory grounds on which the petition is based, together with a recitation of the relevant portion of the subdivision(s);
(g) a statement regarding the applicability of the Indian Child Welfare Act;
(h) the names and addresses of the parties identified in Rule 21, as well as a statement designating them as parties;
(i) the names and addresses of the participants identified in Rule 22, as well as a statement designating them as participants; and
(j) if the child is believed to be an Indian child, a statement regarding:
(1) the specific actions that have been taken to prevent the child's removal from, and to safely return the child to, the custody of the parents or Indian custodian;
(2) whether the residence of the child is believed to be on an Indian reservation and, if so, the name of the reservation;
(3) whether the child is a ward of a tribal court and, if so, the name of the tribe; and
(4) whether the child's tribe has exclusive jurisdiction pursuant to 25 U.S.C. section 1911(a); and

(k) when appropriate under the circumstances of the case, notice that:

(1) a proceeding to establish a parent and child relationship or to declare the nonexistence of a parent and child relationship may be brought at the same time as the juvenile protection matter; and
(2) parents may apply for parentage establishment and child support services through the county child support agency.

If any information required by subdivision 1 is unknown at the time of the filing of the petition, as soon as such information becomes known to the petitioner it shall be provided to the court and parties either orally on the record, by sworn affidavit, or by amended petition. If presented orally on the record, the court shall annotate the petition to reflect the updated information.

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Subd. 4. Permanent Placement Matters.

(a) Captions and Title. Every petition in a permanent placement matter, or a sworn affidavit accompanying such petition, shall contain a title denoting the permanency relief sought:

(1) A transfer of permanent legal and physical custody matter shall be entitled "Juvenile Protection Petition to Transfer Permanent Legal and Physical Custody" and shall name a fit and willing relative as a proposed permanent legal and physical custodian.

(2) A request for permanent custody to the agency long term foster care shall be entitled "Juvenile Protection Petition for Permanent Custody to the Agency Long Term Foster Care."

(3) A request for temporary legal custody to the agency foster care for a specified period of time for a child adjudicated to be in need of protection or services solely on the basis of the child's behavior shall be entitled "Juvenile Protection Petition for Temporary Legal Custody to the Agency Foster Care for a Specific Period of Time."

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Subd. 6. Disclosure of Name and Address - Endangerment. If there is reason to believe that an individual may be endangered by disclosure of a name or address required to be provided pursuant to this rule, that name or address may be provided to the court in a separate informational statement and shall not be accessible to the public or to the-parties, or participants, but it shall be accessible to the attorneys and guardian ad litem. Upon notice and motion, the court may disclose the name or address to others as it deems appropriate.

2014 Advisory Committee Comment

Under Rule 33.02, subd. l(k), if appropriate under the circumstances of the case, the petitioner shall give notice to the child's parents that a parentage matter may be brought and of the availability of parentage establishment and child support services through the county child support agency. This notice can help introduce parents to the benefits of establishing the legal parent and child relationship and of the benefits to the child of partnership on financial issues. Unless prohibited by federal law, the county child support agency has the obligation to bring an action to establish the parent and child relationship when a parent, including an alleged father, or the responsible social services agency who has legal responsibility for the placement of a child applies for full child support services, unless good cause is claimed and substantiated under Minnesota Statutes § 256.741 subds. 5-13.

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Rule 33.05. Timing of Filing of Petition

Subd. 1. Child in Need of Protection or Services. If a child is in emergency protective care pursuant to Rule 28, the petition shall be filed at or prior to the time of the emergency protective care hearing held pursuant to Rule 30.

Subd. 2. Permanency or Termination of Parental Rights. A permanency or termination of parental rights petition must be filed at or prior to the time the child has been in foster care or in the care of a noncustodial or nonresident parent for eleven (11) months or in the expedited manner required in Minnesota Statutes § 260C.503, subd. 2(a). A petition is not required if the responsible social services agency intends to recommend, at or prior to the time the court is required to hold the admit/deny hearing pursuant to Rule 34.02, that the child be returned to the care of the parent from whom the child was removed.

RULE 34. ADMIT/DENY HEARING

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Rule 34.02. Timing

Subd. 1. Child in Placement.

(a) Generally. When the child is placed out of the child's home by court order, an admit/deny hearing shall be held within ten (10) days of the date of the emergency protective care hearing. Upon agreement of the parties, an admit/deny hearing may be combined with an emergency protective care hearing held pursuant to Rule 30.

(b) Termination of Parental Rights Matters. Except as otherwise provided in this paragraph, in Ina termination of parental rights matter the admit/deny hearing shall be held not less than ten (10) days after service of the summons and petition is complete upon the party. In a termination of parental rights matter that bypasses the child in need of protection or services proceeding, the admit/deny hearing shall be held within ten (10) days of the filing of the petition.

(c) Permanent Placement Matters. In a permanent placement matter the admit/deny hearing shall be held not less than ten (10) days after service of the summons and petition is complete upon the party.

(d) Indian Child Welfare Act Matters.

(1) Parent's, Indian Custodian's or Tribe's Identity Known. In matters governed by the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., the admit/deny hearing on a petition requesting the foster care placement of an Indian child, the permanent placement of an Indian child, or the termination of parental rights to an Indian child shall not be held until at least ten (10) days after receipt of the notice required under Rule 32.06, 25 U.S.C. § 1912(a), and Minnesota Statutes § 260.761, subd. 3. The parent, Indian custodian, or tribe shall, upon request, be granted up to twenty (20) additional days from receipt of the notice to prepare for the admit/deny hearing.

(2) Parent's, Indian Custodian's, or Tribe's Identity Unknown. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, the notice required under Rule 32.06, 25 U.S.C. § 1912(a), and Minnesota Statutes § 260.761, subd. 3, shall be sent to the Secretary of the Interior who shall have fifteen (15) days to provide the requisite notice to the parent or Indian custodian and the tribe. The admit/deny hearing shall be held at least twenty-five (25) days after receipt of the notice by the Secretary. The parent, Indian custodian, or tribe shall, upon request, be granted up to twenty (20) additional days from receipt of the notice to prepare for the admit/deny hearing.

Subd. 2. Child Not in Placement.

(a) Generally. When the child is not placed outside the child's home by court order, an admit/deny hearing shall be held no sooner than three (3) days and no later than twenty (20) days after the filing of the parties have been served with the summons and-petition.

(b) Child's Behavior. In matters where the sole allegation is that the child's behavior is the basis for the petition and the child is not in placement, an admit/deny hearing shall be commenced within a reasonable time after service of the summons and petition upon the child.

Rule 34.03. Hearing Procedure

Subd. 1. Initial Procedure. At the commencement of the hearing the court shall on the record:

(a) verify the child's name, date of birth, race, gender, current address unless stating the address would endanger the child or seriously risk disruption of the current placement, and, if the child is believed to be an Indian child, the name of the child's tribe;

(b) inquire whether the child is an Indian child and, if so, determine whether the Indian child's tribe, parent, and Indian custodian have been notified;

(c) determine whether all parties are present and identify those present for the record;

(d) advise any child and the child's parent or legal custodian who appears in court and is not represented by counsel of the right to representation pursuant to Rule 25;

(e) determine whether notice requirements have been met and, if not, whether the affected person waives notice;

(f) if the child who is a party or the child's parent or legal custodian appears without counsel, explain basic trial rights;

(g) determine whether the child and the child's parent or legal custodian understand the statutory grounds and the factual allegations set forth in the petition and, if not, provide an explanation;

(h) explain the purpose of the hearing and the possible transfer of custody of the child from the parent or legal custodian to another, when such transfer is permitted by law and the permanency requirements of Minnesota Statutes § 260C.503-.521260C.201, subd. 11;

(i) if the admit/deny Shearing is the first hearing in the juvenile protection matter, and if the court knows or has reason to know that the child is an Indian child, determine whether notice has been sent pursuant to Rule 32.06; 25 U.S.C. § 1912(a); and Minnesota Statutes § 260.761, subd. 3.

(j) if the admit/deny hearing is not the first hearing and the determination that the child is an Indian child has not been made as required in Rule 30.08, subd. 2, attempt to determine whether the child is an Indian child through review of the petition, other documents, and an on-the-record inquiry. If the court is unable to determine whether the child is an Indian child, the court shall direct the petitioner to make further inquiry and provide to the court and parties additional information regarding whether the child is an Indian child; and

(kj) if the district court finds from review of the petition or other information that an Indian child is a ward of tribal court, pursuant to Rule 48.02, subd. 1, adjourn the hearing to consult with the tribal court regarding the safe and expeditious return of the child to the jurisdiction of the tribe and dismiss the juvenile protection matter; and

(1) attempt to determine the applicability of the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., based on the information received from the tribe or tribes required to receive notice pursuant to 25 U.S.C. § 1912(a). The court shall order the petitioner to make further inquiry of the tribe or tribes until the court can determine whether the Indian Child Welfare Act applies.

Subd. 2. Child in Need of Protection or Services Matters.

(a) In each child in need of protection or services matter, after completing the initial inquiries set forth in subdivision 1, the court shall determine whether the petition establishes a prima facie showing that a juvenile protection matter exists and that the child is the subject of the matter, unless the prima facie determination was made at the emergency protective care hearing pursuant to Rule 30.08. The court shall dismiss the petition if it finds that the petition fails to establish a prima facie showing that a juvenile protection matter exists and that the child is the subject of the matter.

(b) In addition to the initial procedures set forth in subdivision 1, in each child in need of protection or services matter the court shall also advise all persons present that if the petition is proven and the child is not returned home:

(1) a permanency progress review hearing shall be held within six (6) months of the date of the child's placement in foster care or in the home of a noncustodial or nonresident parent if the child was under eight (8) years of age at the time of the filing of the petition; and

(2) a permanent placement determination hearing must be held within twelve (12) months of the date of the child's placement in foster care or the home of a noncustodial or nonresident parent.

1999 Advisory Committee Comment (amended 2003, -and-2008, and 2014)

Rule 34.03, subd. 2, is consistent with Minnesota Statutes § 260C.204 260C.201, subd. 11, which provides that a permanency progress review hearing must be held within six (6) months of a child's removal from the home if the child is under eight (8) years of age at the time the petition is filed. The requirements of Rule 34.03, subds. 3 and 4, are consistent with federal requirements regarding the timing of reasonable efforts determinations and permanency hearings.

2014 Advisory Committee Comment

With respect to subdivision l(j) and (1), in cases where the application of the Indian Child Welfare Act (ICWA) is unclear, such as when it is not yet known whether the child is or is not an Indian child, it is advisable to proceed pursuant to the requirements of the ICWA unless or until a determination is otherwise made in order to fulfill the Congressional purposes of the ICWA, to ensure that the child's Indian tribe is involved, and to avoid invalidation of the action pursuant to 25 U.S.C. § 1914 and Rule 46.03.

RULE 35. ADMISSION OR DENIAL

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Rule 35.03. Admission

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Subd. 3. Questioning of Person Making Admission.

(a) Generally. Before accepting an admission the court shall determine on the record or by written document signed by the person admitting and the person's counsel, if represented, whether:

(1) the person admitting acknowledges an understanding of:
(i) the nature of the statutory grounds set forth in the petition;
(ii) if unrepresented, the right to representation pursuant to Rule 25;
(iii) the right to a trial;
(iv) the right to testify; and
(v) the right to subpoena witnesses; and

(2) the person admitting acknowledges an understanding that the facts being admitted establish the statutory grounds set forth in the petition.

(b) Child in Need of Protection or Services Matters, and Habitual Truant, Runaway, and Prostitution Matters. In addition to the questions set forth in subdivision 3(a), before accepting an admission in a child in need of protection or services matter or a matter alleging a child to be a habitual truant, a runaway, or engaged in prostitution, the court shall also determine on the record or by written document signed by the person admitting and the person's counsel, if represented, whether the person admitting acknowledged an understanding that:

(1) a possible effect of a finding that the statutory grounds are proved may be the transfer of legal custody of the child to another or other permanent placement option including termination of parental rights to the child; and

(2) if the child is in out-of-home placement, a permanency progress review hearing will be held within six (6) months of the date the child is ordered placed in foster care or in the home of a noncustodial or nonresident parent if the child was under eight (8) years of age at the time of the filing of the petition, and a permanent placement determination hearing will be held within twelve (12) months of the date the child is ordered placed in foster care or in the home of a noncustodial or nonresident parent.

RULE 38. REPORTS TO THE COURT

Rule 38.01. Social Services Court Reports - Generally

Subd. 1. Periodic Reports Required. The responsible social services agency shall submit periodic certified reports to the court regarding the child and family. Whenever possible and appropriate, the agency may combine required reporting provisions under this Rule into a single report.

Subd. 2. Timing of Filing and Service. The agency shall file the report with the court and serve it upon all parties at least five (5) business days prior to the hearing at which the report is to be considered.

Subd. 3. Supplementation of Report. Reports may be supplemented at or before the hearing either orally or in writing.

Subd. 4. Certificate of Distribution. Each report shall contain or have attached the certificate of distribution required under Rule 31.07, subd. 2.

Subd. 5. Report Content. Each report shall include a statement certifying the content as true based upon personal observation, first-hand knowledge, or information and belief, and shall:

(a) be captioned in the name of the case and include the court file number;

(b) include the following demographic information:

(i) the name of the person submitting the report; (ii) the date of the report;
(iii) the date of the hearing at which the report is to be considered; (iv) the child's name and date of birth and, in the case of an Indian child, the tribe in which the child is enrolled or eligible for membership;
(v) a statement about whether the child is an Indian child and whether the Indian Child Welfare Act applies;
(vi) the names of both of the child's parents or the child's legal custodian; and
(vii) the dates of birth of the child's parents who are minors.

(c) include the date the case was most recently opened for services in the responsible social services agency;

(d) include the date and a brief description of the nature of all other previous case openings for this child and the child's siblings with the responsible social services agency and, if known, case openings for this child and the child's siblings with any other social services agency responsible for providing public child welfare or child protection services;

(e) identify progress made on the out-of-home placement plan or case plan;

(f) address the safety, permanency, and well-being of the child, including the child's:

(1) educational readiness, stability, and achievement; and
(2) physical and mental health; and

(g) request orders related to:

(1) the child's need for protection or services;
(2) implementing requirements of the out-of-home placement plan or case plan; and
(3) the health, safety, and welfare of the child;

Subd. 6. Reports Regarding Siblings. The agency may submit in a single document reports regarding siblings who are subjects of the same juvenile protection matter.

Subd. 7. Information from Collateral Sources. The agency may submit written information from collateral sources, including, but not limited to, physical and mental health assessments, parenting assessments, or information about the delivery of services or any other relevant information regarding the child's safety, health, or welfare in support of the report or as a supplement to the report.

2014 Advisory Committee Comment

Subdivision 1 permits the agency to submit a single report to the court which addresses a number of requirements under this Rule. For instance, when the agency is reporting to the court about the progress being made on the out-of-home placement plan as required in Rule 38.02, subd. 1(b), the agency may also report on its efforts to identify and locate both parents of the child under Rule 38.03 and its identification and search for relatives under Rule 38.04.

Rule 38.02. Social Services Court Report - Child in Foster Care

Subd. 1. Content. In addition to the requirements of Rule 38.01, each certified report regarding a child in foster care shall include:

(a) the child's placement history, including:

(1) the date the child was removed from the home and the agency's legal authority for removal;

(2) the date the child was ordered placed in foster care, if the child has been ordered in foster care;

(3) the total length of time the child has been in foster care, including all cumulative time in foster care the child may have experienced within the previous five (5) years;

(4) the number of times, if any, the child reentered foster care prior to age 21;

(5) the number of foster care placements the child has been in prior to age 21;

(6) if the child's foster care home has changed since the last court hearing:

(i) the reason for the change in foster care home; and
(ii) how the child's new foster care home meets the child's best interests under Minnesota Statutes § 260C.212, subd. 2 (a) and (b), or, in the case of an Indian child, how the placement complies with placement preferences established in 25 U.S.C. § 1915; and

(7) if the child is not placed with siblings who are in placement, the efforts the agency has made to place the siblings together; and

(b) services under the out-of-home placement plan, including, as appropriate to the stage of the matter:

(1) a description of the agency's efforts to implement the out-of-home placement plan; and

(2) the parent's progress in complying with the out-of-home placement plan, including anything the parent has done to alleviate the child's need for protection or services; and

(c) a description of:

(1) the case worker visits required under Minnesota Statutes § 260C.212, subd. 4a, that occurred since the last court hearing; and

(2) as applicable, the quality and frequency of visitation between the child and the child's:

(i) parents or custodian;
(ii) siblings; and
(iii) relatives; and

(d) when the child is age sixteen (16) or older, progress in implementing each of the elements of the child's independent living plan required under Minnesota Statutes § 260C.212, subd. l(b)(ll), and the agency's continued efforts to identify and make the most legally-permanent placement that is in the child's best interest.

Subd. 2. Requested Court Action. The report shall include recommendations to the court for:

(a) modification of the out-of-home placement plan or for actions the parents or legal custodian must take to make changes necessary to alleviate the child's need for protection or services; and

(b) orders necessary for the child's safety, permanency, and well-being, including any orders necessary to promote the child's:

(1) educational readiness, stability, and achievement;
(2) physical and mental health; and
(3) welfare and best interests.

Subd. 3. Reports under Minnesota Statutes Chapter 260D. Reports under Minnesota Statutes Chapter 260D must meet the requirements of Minnesota Statutes § 260D.06 and Rule 43.02.

Rule 38.03. Social Services Court Report - Reasonable Efforts to Identify and Locate Both Parents of the Child

If both parents of the child have not been identified and located at the time of the first review hearing under Rule 41.06, the agency shall report to the court regarding the diligent efforts required of the agency to identify and locate the parents pursuant to Minnesota Statutes § 260C.150, subd. 3. The agency shall continue to report to the court, on a schedule set by the court, until:

(a) both parents of the child are identified and located; or

(b) the court finds the agency has made diligent efforts to identify and locate the parent as required under Minnesota Statutes § 260.012, § 260C.178, § 260C.201, and § 260C.301, subd. 8, regarding any parent who remains unknown or cannot be located. The court may also find that further reasonable efforts for reunification with the parent who cannot be identified or located would be futile.

2014 Advisory Committee Comment

The agency's report of efforts to locate a parent whose identity or location remains unknown should include the efforts listed in Minnesota Statutes § 260C.150, subd. 3. Minnesota Statutes § 260C.150, subd. 7, permits the finding that reasonable efforts to identify and locate a parent fulfill the required reasonable efforts under Minnesota Statutes § 260.012, § 260C.178. § 260C.201. and § 260C.301. subd. 8. When the agency has made diligent and reasonable efforts, then either both parents have been identified and located or there is a sufficient basis to determine that additional efforts are futile.

One of the steps the responsible social services agency can take to locate a parent is to ask for assistance from the county and state of Minnesota child support enforcement system. See Minnesota Statutes § 13.46, subd. l(a)(30); 42 U.S.C. § 653(a), (b), and (c); and 42 U.S.C. § 654(8). This step can be an important and productive source of information about a parent whose identity and location are unknown.

Rule 38.04. Social Services Court Report - Due Diligence to Identify and Notify Relatives

Subd. 1. Timing.

(a) Within three (3) months of the child's placement, the agency shall report to the court regarding the agency's due diligence to identify and notify relatives under Minnesota Statutes § 260C.221 and, in the case of an Indian child, describe the agency's active efforts to meet the placement preferences of 25 U.S.C. § 1915.

(b) If the court orders continued efforts to identify and locate relatives, the agency shall periodically report on its continuing efforts on a schedule set by the court.

(c) If an Indian child is not placed according to the placement preferences of 25 U.S.C. § 1915, the agency shall periodically report on its efforts to meet the placement preferences until the court makes a finding of good cause under 25 U.S.C. § 1915.

Subd. 2. Content.

(a) Identification and notice to relatives. The report shall include information about identification and notice to relatives, including:

(1) a description of the procedures the agency used to identify relatives, including the names of persons who were asked to provide information about the child's relatives and the use of any Internet or other resource to identify and locate relatives;
(2) the names of all identified relatives and how the person is related or known to the child or child's family;
(3) whether the agency has an address or other contact information for the relative and the results of using the address or contact information, if any; and
(4) whether the relative was sent the notice and information required under Minnesota Statutes § 260C.221(a) and the nature of any resulting contact from the relative back to the agency.

(b) Consideration of relatives for placement. The report shall include information about how the agency considered relatives for placement, including:

(1) whether identified relatives were considered for placement under Minnesota Statutes § 260C.212, subd. 2 (a) and (b), and the result of that consideration;
(2) a description of the process the agency used to consider relatives for placement, including who was consulted, whether the agency used family group decision making or a family conference, or any other process to assist with consideration of relatives;
(3) in the case of an Indian child, the efforts the agency made to work with the child's tribe to identify relatives and the results of those efforts;
(4) a copy of or reference to the documentation from the out-of-home placement plan regarding how the relative with whom the child is placed meets the placement factors at Minnesota Statutes § 260C.212, subd. 2(b), or, if placement is not with a relative, why a relative placement was not appropriate; and
(5) what future consideration for placement of the child will be given to relatives.

(c) Engagement in planning. The report shall include a description of how the agency will engage relatives in continued support for the child and family and involvement in permanency planning for the child as required under Minnesota Statutes § 260C.221(a)(3).

Subd. 3. Requested Findings: Plan for Active Efforts: Orders.

(a) Reasonable Efforts. Pursuant to Minnesota Statutes § 260C.221(e), the agency may request a finding that the agency has made reasonable efforts to identify and notify relatives.

(b) Active Efforts. In the case of an Indian child, if the child's placement is not according to the preferences of 25 U.S.C. § 1915, the agency shall report its plan for continued efforts to place the child according to the preferences or request a finding of good cause under 25 U.S.C. § 1915.

(c) Orders. When appropriate to assist the agency in its duties for reasonable and active efforts, the agency may ask the court for orders that assist in the identification and location of relatives.

2014 Advisory Committee Comment

Subdivision 2 of Rule 38.04 reflects provisions of Minnesota Statutes § 260C.221(d), which permits disclosure of a relative's data — notwithstanding provisions in Minnesota Statutes Chapter 13 that make the data private data on the individual — for purposes of the court's review of the agency's efforts to identify, search for, and contact relatives. If relative placement is not made, this statutory provision permits disclosure of data regarding the reason for not making a relative placement.

Rule 38.05. Social Services Court Report - Permanency Progress Review Hearing Subd. 1. Content.

(a) Progress towards permanency. In addition to the requirements of Rules 38.01 and 38.02 regarding the permanency progress review hearing, the report shall address the elements in Minnesota Statutes § 260C.204(a).

(b) Concurrent efforts on adoption and referrals under the Interstate Compact on the Placement of Children. As appropriate, the report shall also address any concurrent reasonable efforts required under Minnesota Statutes § 260C.605 and information on any referrals that have been made or will be made under Minnesota Statute § 260.851, the Interstate Compact on the Placement of Children.

Subd. 2. Requested Court Order Regarding Permanency Progress. The report shall include a request for appropriate orders under Minnesota Statutes § 260C.204(c) to:

(a) return the child home;

(b) continue reasonable efforts for reunification or active efforts to prevent the breakup of the Indian family; or

(c) plan for the legally permanent placement of the child away from the parent, identify permanency resource homes that will be the legally permanent home if the child cannot return to the parent, and file a permanency petition under Minnesota Statutes § 260C.204(d)(2) or (3).

2014 Advisory Committee Comment

A permanency progress review hearing was formerly required only for children under age 8. Minnesota Statutes § 260C.204 now requires this hearing at month six for all children continuing out of the care of the parent from whom the child was removed.

Rule 38.06. Social Services Court Report - Child on Trial Home Visit

Subd. 1. Timing and Content. In addition to the requirements of Rules 38.01 and 38.02, when a hearing is required under Minnesota Statutes § 260C.503, subd. 3(c), and Rule 42.14 because the child is on a trial home visit at the time for a required permanency hearing or pursuant to Rule 41.06, subd. 2(b)(3), the agency shall serve and file a report regarding the child's and parent's progress during the trial home visit and the agency's reasonable efforts to finalize the child's safe and permanent return to the care of the parent. When a trial home visit is terminated, the agency shall report to the court as required under Minnesota Statutes § 260C.201, subd. l(a)(3)(v) and (vi), and Rule 41.06, subd. 2(b)(1) and (2).

Subd. 2 . Requested Court Orders. The report shall include recommendations, if any, for modification to the services and supports in place, and for any orders necessary for the safety, protection, well-being, or best interests of the child during the trial home visit. The agency shall also recommend whether the trial home visit should continue as provided in Minnesota Statutes § 260C.201, subd. 1(a)(3).

2014 Advisory Committee Comment

Provisions of Rule 38.06, subd. 1, that reference requirements of Rule 38.02 requiring updating the Out-of-Home Placement Plan are appropriate when the child is on a trial home visit because the agency continues to have legal custody of the child, which makes the Out-of-Home Placement Plan a continued requirement even though the child is at home with the parent.

When a child is on a trial home visit at the time for the required permanency hearing under Minnesota Statutes § 260C.503, subd. 3(c), and Rule 42, a permanency petition under Minnesota Statutes § 260C.505 is not required.

Rule 38.07. Social Services Court Report - Child under State Guardianship

Subd. 1. Timing. When a hearing is required under Minnesota Statutes § 260C.607 to review the progress of the matter towards finalized adoption and the child's well-being, in addition to the requirements of Rules 38.01 and 38.02, and as appropriate to the stage of the matter, the agency shall file and serve a report addressing the elements of Minnesota Statutes § 260C.607, subd. 4.

Subd. 2. Content.

(a) Information for Notice of Hearing. In a document attached to the report, which shall be inaccessible to the public or to any parent of the child whose rights have been terminated or who has executed a consent to adopt the child, the agency shall include the following information required for the court to provide notice of the hearing:

(1) the child's current address, if the child is age ten (10) and older;
(2) the names and addresses of each relative of the child who has responded to the agency's notice under Minnesota Statutes § 260C.221(g) indicating a willingness to provide an adoptive home for the child unless the relative has been previously ruled out by the court as a suitable foster parent or permanency resource for the child;
(3) the name and address of the current foster or adopting parent of the child;
(4) the name and address of any foster or adopting parents of siblings of the child; and
(5) the name and address of the Indian child's tribe.

(b) Progress towards Finalized Adoption. The report shall describe the agency's reasonable efforts to finalize the child's adoption as required in Minnesota Statute § 260C.605, including:

(1) the steps taken to identify and place the child in a home that will timely commit to adopt the child, including:

(i) the status of any relative search under Minnesota Statutes § 260C.221;
(ii) whether any relative of the child has expressed interest in adopting the child, and, if so, the agency's consideration of the relative according to the requirements of Minnesota Statute § 260C.212, subd. 2(a) and (b);
(iii) the progress of any study required under Minnesota Statutes § 260.851, the Interstate Compact on the Placement of Children; and
(iv) whether child-specific recruitment efforts are necessary and, if so, the nature and timing of those efforts; and

(2) if the child is placed with a prospective adoptive home, expected dates for the following:

(i) completion of the adoption study required under Minnesota Statutes 8 260C.611;
(ii) the execution of the adoption placement agreement;
(iii) the required notice under Minnesota Statutes § 260C.613, subd. 1(c);
(iv) the execution of an agreement regarding adoption assistance under Minnesota Statutes chapter 259A or Northstar Adoption Assistance under Minnesota Statutes chapter 256N, including the specific reasons for any delay in executing the agreement;
(v) the filing of the adoption petition; and
(vi) the final hearing on the adoption petition, (c) Child Well-being. In addition to reporting on the agency's efforts to finalize adoption, the report shall address the child's well-being, including:

(1) how the child's placement is meeting the child's best interests;

(2) the quality and frequency of visitation and contact between the child and siblings and, if applicable, relatives;

(3) how the agency is meeting the child's medical, mental, and dental health needs;

(4) how the agency is planning for the child's education pursuant to Minnesota Statutes § 260C.607. subd. 4(a)(2); and

(5) when the child is age sixteen (16) or older, progress in implementing each of the elements of the child's independent living plan required under Minnesota Statutes § 260C.212, subd. 1(b)(11), while the agency continues to make reasonable efforts to finalize an adoption for the child.

Subd. 3 . Requested Findings and Orders. The agency may request findings pursuant to Minnesota Statutes § 260C.607 that the agency is making reasonable efforts to finalize the adoption of the child as appropriate to the stage of the case and may request any order that will assist in achieving a finalized adoption for the child.

Subd. 4 . Adoption Placement Agreement.

(a) Notice of Agreement. When the agency has a fully executed adoption placement agreement under Minnesota Statutes § 260C.613, subd. 1, the agency shall report to the court that the adoptive placement has been made and the adoption placement agreement regarding the child is fully executed. The agency shall file and serve on the parties entitled to notice under Minnesota Statutes § 260C.607, subd. 2, a copy of the court report together with notice that there is a fully executed adoption placement agreement. The notice shall include a statement that if a relative or foster parent is requesting adoptive placement of the child, the relative or foster parent has thirty (30) days after receiving the notice to file a motion for an order for adoption placement of the child under Minnesota Statutes § 260C.607, subd. 6.

(b) Notice of Termination of Agreement. In the event an adoption placement agreement terminates, the agency shall report that the agreement and adoptive placement have terminated. The agency shall file and serve on the parties entitled to notice under Minnesota Statutes § 260C.607, subd. 2, a copy of the report and shall send a copy of the report to the commissioner of human services.

Subd. 5. Report upon Finalized Adoption. When the adoption of a child who is under the guardianship of the commissioner has been finalized, the agency shall file and serve a report stating:

(a) the date the adoption was finalized;
(b) the state and county where the adoption was finalized; and
(c) the name of the judge who finalized the adoption.

2014 Advisory Committee Comment

Rule 38.07 sets out required report elements for the agency regarding its duties to a child under guardianship of the commissioner of human services. These duties include:

1. Reasonable efforts to finalize adoption. Minnesota Statutes § 260C.605 outlines required reasonable efforts to finalize the adoption of the child. The efforts to be made are different based on the amount of time the child has been under state guardianship and the particular needs and circumstances of the child. Some efforts are required to begin even prior to the child coming under the guardianship of the state, including consideration of who is going to be an appropriate adoptive home for the child in the event the child cannot return home and work on the child's social and medical history. Other efforts can only be made after the child is under state guardianship. The court report elements in Rule 38.07 are intended to organize required reasonable efforts into general topics to assist the court in conducting a meaningful review of progress towards adoption.

Under Minnesota Statutes § 260C.613, subd. 1, the agency has exclusive authority to make the adoptive placement of the child. Ideally, identification of a potential adoptive home begins as part of concurrent permanency planning as early as possible in the child's placement. The first review of efforts to find an adoptive home occurs after six months of placement in the permanency progress review hearing required under Rule 42 and Minnesota Statutes § 260C.204. When the child cannot return home and is under guardianship of the commissioner of human services, the court continues to review the agency's efforts to make an adoptive placement until the adoption is finalized. Under Minnesota Statutes § 260C.613, subd. 1, the agency must report when it has made an adoptive placement through a fully executed adoption placement agreement. "Fully executed" means the document has been signed by the adopting parent, the responsible social services agency, and the commissioner of human services. The report and notice of the agreement are sent to all who had the right to participate in the reviews required under Rule 42. The notice gives relatives and foster parents who have not been selected by the agency for adoptive placement an opportunity to ask the court to override the agency's adoptive placement decision when the agency has been unreasonable in choosing the adoptive home. This standard is set out at Minnesota Statutes § 260C.607, subd. 6.

The agency's reasonable efforts to finalize the child's adoption include negotiating an agreement with the adopting parent regarding future benefits for the child. In this regard, Rule 38.07 references both adoption assistance under Minnesota Statutes chapter 259A, in effect until December 31, 2014, and Northstar Adoption Assistance under Minnesota Statutes chapter 256N, in effect for adoptions finalized on or after January 1, 2015.

Under Minnesota Statutes § 260C.613, subd. 1, the agency must also report in the event an adoption placement agreement is terminated.

2. Child Well-Beinz. Minnesota Statutes § 260C.607, subd. 4, requires the agency to report on its efforts to implement the child's Qut-of-Home Placement Plan, which sets out the service plan for the child, focuses on the child's well-being, and, when the child is age 16 or older, the plan for helping the child achieve success in adulthood through the independent living planning required under Minnesota Statutes § 260C.212, subd. 1(b)(11) .

Rule 38.08. Social Services Court Report - Child Not in Foster Care

In addition to the requirements of Rule 38.01, a certified report for a child not in foster care shall include the following:

(a) the child's residence and whether the child's residence has changed since the last court hearing;

(b) as applicable, a description of:

(1) the services provided to the child and parent and the agency's efforts to implement the case plan; and
(2) the parents' or legal custodian's and child's progress in complying with the plan, including anything the parents or legal custodian, and child, if appropriate, have done to alleviate the child's need for protection or services; and

(c) recommendations to the court for modification of the plan or for actions the parent or legal custodian must take to provide adequate protection or services for the child.

Rule 38.09. Social Services Court Report - Between Disposition Review Hearings

Once disposition has been ordered pursuant to Minnesota Statutes § 260C.201 and Rule 41, the responsible social services agency, through the county attorney, may ask the court for orders related to meeting the safety, protection, and best interests of the child based upon a certified report that states the factual basis for the request. Such reports shall be filed with the court, together with proof of service upon all parties, by the responsible social services agency. Within five (5) days of service of the report, any party may request a hearing regarding the agency's report. Pending hearing, if any, upon two (2) days' actual notice and, based upon the report, the court may issue an order that is in the best interests of the child. Upon a finding that an emergency exists, the court may issue a temporary order that is in the best interests of the child.

Rule 38.10. Objections to Agency's Report or Recommendations

A party may object to the content or recommendations of the responsible social services agency's report by submitting a written objection either before or at the hearing at which the report is to be considered. The objection shall include a statement certifying the content as true based upon personal observation, first-hand knowledge, or information and belief. The certified objection shall be supported by a sworn statement of the party's factual basis for the objection and may state other or additional facts on information and belief and argument that the court should consider in making its determinations or orders. An objection may also be supported by reports from collateral service providers or assessors. Objections to the agency's report and recommendations may also be stated on the record, but the court shall give the agency a reasonable opportunity to respond to the party's objection.

Rule 38.11. Reports to the Court by Child's Guardian ad Litem

Subd. 1. Periodic Reports Required. The guardian ad litem for the child shall submit periodic certified written reports to the court.

Subd. 2. Timing of Filing and Service. The guardian ad litem shall file the report with the court and serve it upon all parties at least five (5) business days prior to the hearing at which the report is to be considered, including a review hearing required under Rule 41.06, permanent placement review hearing under Minnesota Statutes § 260C.204, review of a child under guardianship of the commissioner of human services under Minnesota Statutes § 260C.607, any reviews conducted regarding a child in the permanent custody of the agency under Minnesota Statutes § 260C.521, and as otherwise directed by the court.

Subd. 3. Supplementation of Report. Reports may be supplemented at or before the hearing either orally or in writing.

Subd. 4. Certificate of Distribution. Each report shall contain or have attached the certificate of distribution required under Rule 31.07, subd. 2.

Subd. 5. Report Content. Each report shall include a statement certifying the content as true based upon personal observation, first-hand knowledge, or information and belief, and shall:

(a) be captioned in the name of the case and include the court file number;

(b) include the following information:

(1) the name of the person submitting the report;
(2) the names of the child's parents or legal custodians;
(3) the date of the report;
(4) the date of the hearing at which the report is to be considered;
(5) the date the guardian ad litem was appointed by the court;
(6) a brief summary of the issues that brought the child and family into the court system;
(7) a list of the resources or persons contacted who provided information to the guardian ad litem since the date of the last court hearing;
(8) a list of the dates and types of contacts the guardian ad litem had with the child since the date of the last court hearing;
(9) a list of all documents relied upon when generating the court report;
(10) a summary of information gathered regarding the child and family since the date of the last hearing relevant to the pending hearing;
(11) a list of any issues of concern to the guardian ad litem about the child's or family's situation; and
(12) a list of recommendations designed to address the concerns and advocate for the best interests of the child.

Subd. 6. Objections to Guardian Ad Litem's Report or Recommendations.

Any party may object to the content or recommendations of the guardian ad litem by submitting a written objection either before or at the hearing at which the report is to be considered. The objection shall include a statement certifying the content as true based upon personal observation, first-hand knowledge, or information and belief. The certified objection shall be supported by a sworn statement of the party's factual basis for the objection and may state other or additional facts on information and belief and argument that the court should consider in making its determinations or orders. An objection may also be supported by reports from collateral service providers or assessors. Objections to the guardian ad litem's report and recommendations may also be stated on the record, but the court shall give the guardian ad litem a reasonable opportunity to respond to the party's objection.

Rule 38.01. Social Services Court Reports — Generally

Subd. 1. Periodic Reports Required. After an out of home placement plan or case plan is approved or ordered by the court pursuant to Rule 37 or Rule 41, the responsible social services agency shall make periodic certified reports to the court regarding progress made on the plan. When the report relates to plans for siblings who are in foster care, the agency may combine information related to each child's plan into one report as long as the report addresses each child's individual needs and circumstances. The agency may also submit written information from collateral sources regarding assessments or the delivery of services or any other relevant information regarding the child's safety, health, or welfare in support of the report or as a supplement to the report. Such reports may be supplemented at or before the hearing either orally or in writing.

Subd. 2. Content. Although pursuant to Rule 16 a report is not required to be signed, each report shall include the name of the person submitting the report; a statement certifying the content as true based upon personal observation, first hand knowledge, or information and belief; and shall include the case caption, the date of the report, and the date of the hearing at which the report is to be considered. Each report shall contain or have attached the certificate of distribution required under Rule 31.07, subd. 2.

Subd. 3. Timing of Reports. Periodic reports required under this Rule shall be filed with the court and served upon the parties by the responsible social services agency not later than five (5) business days prior to each review hearing required under Rule 41.06, permanent placement determination hearing required under Rule 42.04, and as otherwise directed by the court.

Subd. 4. Objections to Guardian Ad Litem's Report or Recommendations. Any party objecting to the content or recommendations of the guardian ad litem may submit a written objection to the report either before or at the hearing at which the report is to be considered. The objection shall include a statement certifying the content as true based upon personal observation, first hand knowledge, or information and belief. The certified objection shall be supported by a sworn statement of the party's factual basis for the objection and may state other or additional facts on information and belief and argument that the court should consider in making its determinations or orders.—An objection may also be supported by reports from collateral service providers or assessors. Objections to the guardian ad litem's report and recommendations may also be stated on the record as long as the court gives the guardian ad litem a reasonable opportunity to respond to the party's objection.

Rule 38.02. Social Services Court ReportsChild Ordered into Foster Care

Subd. 1. Content. In addition to the requirements of Rule 38.01, subd. 2, each certified report regarding a case plan or out of home placement plan shall include the name of the person submitting the report and the following:

(a) Identifying Information. Identifying and baseline placement information regarding the child shall be included as follows:

(1) the child's name and date of birth and, in the case of an Indian child, the Tribe in which the child is enrolled or eligible for membership;
(2) the names of the child's parents or legal custodians;
(3) the dates of birth of the child's parents who are minors;
(4) the date the child was first placed in foster care;
(5) the date the child was ordered placed in foster care;
(6) the total length of time the child has been in foster care, including all cumulative time the child may have experienced within the previous five (5) years;
(7) the number of moves the child has experienced while in foster care, including all moves during the previous five (5) years;
(8) if the child's placement has changed since the—out of home placement plan was approved or ordered, a description of how the child's placement meets the child's best interests as set out in the modified out of home placement plan, or in the case of an Indian child, whether the placement complies with placement preferences established in 25 U.S.C. § 1915; and
(9) when the child has siblings, the names and ages of the child's siblings, the residence or placement status of each sibling and, where appropriate, the efforts the agency has made to place the children together; and

(b) Review of Out-of-Homc Placement Plan. As applicable, a description of:

(1) the agency's efforts to implement the out of home placement plan requirements;
(2) the parent's—or—legal—custodian's—compliance—with—the plan requirements;
(3) services provided to the child;
(4) the child's adjustment in placement;
(5) visitation between the parents or legal custodian and the child and between the child and any siblings; and
(6) the agency's efforts to finalize adoption; and

(c) Placement with Relatives. At least once during the first six (6) months the child is in placement or until placement is made with a relative or the court finds the agency's efforts adequate under Minnesota Statutes § 260C.212, subd. 5, the report shall describe the efforts the agency has made to identify and notify relatives, or in the case of an Indian child the report shall describe how the placement complies with requirements of25U.S.C. § 1915; and

(d) Independent Living Plan. When the child is age sixteen (16) or older, the report shall include a description of the elements of the child's independent living plan and how the child is progressing on that plan; and

(e) Child with Emotional Disturbance. For a child in placement due solely or in part to the child's emotional disturbance, the report shall include diagnostic and assessment information, specific services relating to meeting the mental health care needs of the child, and treatment outcomes; and

(f) Recommendations. The report shall include recommendations to the court for modification of the plan or for actions the parents or legal custodian must take to provide protection or services for the child.

Subd. 2. Reports Between Disposition Review Hearings. Once disposition has been ordered pursuant to Rule 41, the responsible social services agency, through the county attorney, may ask the court for orders related to meeting the safety, protection, and best interests of the child based upon a certified report that meets the requirements of Rule 38.01, subd. 2, and states the child's identifying and baseline placement information and the factual basis for the request including, where appropriate, other relevant reports or data. Such reports shall be filed with the court together with proof of service upon all parties by the responsible social services agency.Any party may request a hearing regarding the agency's report. Pending hearing, if any, upon two (2) day's actual notice and based upon the report the court may issue an order that is in the best interests of the child. Upon a finding that an emergency exists, the court may issue a temporary order that is in the best interests of the child.

Rule 38.03. Social Services Court ReportsChild Not in Foster Care

In addition to the requirements of Rule 38.01, subd. 2, each certified report regarding the case plan shall include the name of the person submitting the report and the following:

(a) Identifying Information. Identifying information regarding the child shall be included as follows:

(1) the child's name and date of birth and, in the case of an Indian child, the Tribe in which the child is enrolled or eligible for membership;
(2) a statement about whether the child is an Indian child, whether or not the Indian Child Welfare Act applies, and in the case of an Indian child the Tribe in which the child is enrolled or eligible for membership;
(3) the names of the child's parents or legal custodians;
(4) the dates of birth of the child's parents who are minors;
(5) the child's residence and, if the child's residence has changed since the case plan was ordered, the date of the change;
(6) the date the case was most recently opened for services in the responsible social services agency;
(7) the date of all other case openings for this child and the child's siblings with the responsible social services agency and, if known, case openings for this child or the child's siblings with any other social services agency responsible for providing child welfare or child protection services to this child;in addition to the date of other case openings, the report should contain a brief description of the nature of the contact with the responsible or other social services agency; and

(b) Review of Plan. As applicable, a description of:

(1) the agency's efforts to implement the case plan;
(2) the parents' or legal custodian's and child's compliance with plan requirements; and
(3) the services provided to the child; and

(c) Recommendations. The report shall include recommendations to the court for modification of the plan or for actions the parent or legal custodian must take to provide adequate protection or services for the child.

Rule 38.04. Objections to Agency's Report or Recommendations

Any party objecting to the content or recommendations of the responsible agency's report may submit a written objection to the report either before or at the hearing at which the report is to be considered. The objection shall include a statement certifying the content as true based upon personal observation, first hand knowledge, or information and belief. The certified objection shall be supported by a sworn statement of the party's factual basis for the objection and may state other or additional facts on information and belief and argument that the court should consider in making its determinations or orders.—An objection may also be supported by reports from collateral service providers or assessors. Objections to the agency's report and recommendations may also be stated on the record as long as the court gives the agency a reasonable opportunity to respond to the party's objection.

Rule 38.05. Reports to the Court by Child's Guardian ad Litem

Subd. 1.Periodic Reports Required.The guardian ad litem for the child shall submit periodic certified written reports to the court which may be supplemented at or before the hearing either orally or in writing.

Subd. 2. Content. Although pursuant to Rule 16 a report is not required to be signed, each report shall include the name of the person submitting the report, a statement certifying the content as true based upon personal observation, first-hand knowledge, or information and belief and shall include the following:

(a) the child's name, date of birth, and age at the time the report is filed;
(b) the names of the child's parents or legal custodians;
(c) the case caption;
(d) the date of the report;
(e) the date of the hearing at which the report is to be considered;
(f) the date the guardian ad litem was appointed by the court; (g)a brief summary of the issues that brought the child and family into the court system;
(h)a list of the resources or persons contacted who provided information to the guardian ad litem since the date of the last court hearing;
(i)a list of the dates and types of contacts the guardian ad litem had with the child(ren) since the date of the last court hearing;
(j) a list of all documents relied upon when generating the court report;
(k)a summary of information gathered regarding the child and family since the date of the last hearing relevant to the pending hearing;
(l)a list of any issues of concern to the guardian ad litem about the child's or family's situation; and
(m)a list of recommendations designed to address the concerns and advocate for the best interests of the child.
Each report shall contain or have attached the certificate of distribution required under Rule 31.07, subd. 2.

Subd. 3. Timing of Reports. Except for an emergency protective care hearing for which no written report is required, reports required under this rule shall be filed with the court and served upon the parties by the guardian ad litem not later than five (5) business days prior to each review hearing required under Rule 41.06, permanent placement determination hearing required under Rule 42, and as otherwise directed by the court.

Subd. 4. Objections to Guardian Ad Litem's Report or Recommendations. Any party objecting to the content or recommendations of the guardian ad litem may submit a written objection to the report either before or at the hearing at which the report is to be considered. The objection shall include a statement certifying the content as true based upon personal observation, first-hand knowledge, or information and belief. The certified objection shall be supported by a sworn statement of the party's factual basis for the objection and may state other or additional facts on information and belief and argument that the court should consider in making its determinations or orders.—As objection may also be supported by reports from collateral service providers or assessors. Objections to the guardian ad litem's report and recommendations may also be stated on the record as long as the court gives the guardian ad litem a reasonable opportunity to respond to the party's objection.

RULE 39. TRIAL

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Rule 39.02. Timing

Subd. 1. Trial.

(a) Child in Need of Protection or Services Matters. A trial regarding a child in need of protection or services matter shall commence within sixty (60) days from the date of the emergency protective care hearing or the admit/deny hearing, whichever is earlier, and testimony shall be concluded within thirty (30) days from the date of commencement of the trial and whenever possible should be over consecutive days.

(b) Trial Following Permanency Progress Review Hearing for Child Under Age-8. A trial required by Rule 42.04(c) and Minnesota Statutes § 260C.204(d)(2) or (3) following a Permanency Progress Review Hearing shall be commenced within sixty (60) thirty (30) days of the filing of a petition in the case of a for transfer of legal custody or within ninety (90) days of the filing of the petition in the case of a petition for termination of parental rights, and testimony shall be concluded within thirty (30) days from the date of commencement of the trial and whenever possible should be over consecutive days.

(c) Termination of Parental Rights and Other Permanent Placement Matters. Unless otherwise provided by these rules, a trial regarding a termination of parental rights matter or other permanent placement matter shall commence within sixty (60) days of the first scheduled admit/deny hearing, and testimony shall be concluded within thirty (30) days from the date of commencement of the trial and whenever possible should be over consecutive days.

Rule 39.03. Procedure

Subd. 1. Initial Procedure. At the beginning of the trial the court shall on the record:

(a) verify the name, age, race, and current address of the child who is the subject of the matter, unless stating the address would endanger the child or seriously risk disruption of the current placement;
(b) inquire whether the child is an Indian child and, if so, determine whether the Indian child's tribe has been notified;
(c) determine whether all parties are present and identify those present for the record;
(d) determine whether any child or the child's parent or legal custodian is present without counsel and, if so, explain the right to representation pursuant to Rule 25;
(e) determine whether notice requirements have been met and, if not, whether the affected person waives notice;
(f) if the child who is a party or the child's parent or legal custodian appears without counsel, explain basic trial rights;
(g) determine whether the child and the child's parent or legal custodian understand the statutory grounds and the factual allegations set forth in the petition and, if not, provide an explanation; and
(h) explain the purpose of the hearing and the possible transfer of custody of the child from the parent or legal custodian to another when such transfer is permitted by law and the permanency requirements of Minnesota Statutes § 260C.503-.521260C.201, subd. 11.

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Rule 39.05. Decision

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Subd. 3. Termination of Parental Rights and Other Permanency Matters.

(a) Generally. If the court finds that the statutory grounds set forth in the petition are not proved, the court shall either dismiss the petition or determine that the child is in need of protection or services. If the court determines that the child is in need of protection or services, the court shall either enter or withhold adjudication pursuant to Rule 40 and schedule further proceedings pursuant to Rule 41. If the court finds that one or more statutory grounds set forth in the termination of parental rights petition are proved, the court may terminate parental rights. If the court finds that any other permanency petition is proved, the court may order relief consistent with that petition and Minnesota Statutes § 260C.513 and § 260C.515. The findings and order shall be filed with the court administrator who shall proceed pursuant to Rule 10.

(b) Particularized Findings. In addition to making the findings in subdivision 3 (a)-and Minnesota Statutes § 260C.517, the court shall also make findings regarding the following as appropriate:

(1) Non-Indian Child. In any termination of parental rights matter, the court shall make specific findings regarding the nature and extent of efforts made by the responsible social services agency to rehabilitate the parent and reunite the family, including, where applicable, a statement that reasonable efforts to prevent placement and for rehabilitation and reunification are not required as provided under Minnesota Statutes § 260.012(a).

(2) Indian Child. In any termination of parental rights proceeding involving an Indian child, the court shall make specific findings regarding the following:

(i) Active Efforts. The petitioner has proven beyond a reasonable doubt that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.
(ii) Serious Emotional or Physical Damage. Based upon the testimony, pursuant to Rule 49, of at least one qualified expert witness, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

(3) Best Interests of the Child. Before ordering termination of parental rights, the court shall make a specific finding that termination is in the best interests of the child and shall analyze:

(i) the child's interests in preserving the parent-child relationship;
(ii) the parent's interests in preserving the parent-child relationship; and
(iii) any competing interests of the child.

(4) Best interests of an Indian Child. In proceedings involving an Indian child, the best interests of the child shall be determined consistent with the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq.

(5) Child's Interests Paramount. Where the interests of parent and child conflict, the interests of the child are paramount.

Subd. 4. Permanent Placement Matters. The court shall issue its decision regarding permanency consistent with Rule 42.

RULE 41. DISPOSITION

Rule 41.01. Disposition

After an adjudication that a child is in need of protection or services pursuant to Rule 40.01, the court shall conduct a hearing to determine disposition. Dispositions in regard to review of voluntary foster care matters shall be pursuant to Minnesota Statutes § 260C.205 and § 127A.47.

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Rule 41.05. Disposition Order

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Subd. 2. Content.

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(b) Additional Provisions. As part of the disposition order the court shall also:

(1) approve or modify the plan for supervised or unsupervised visitation for the child's parent or legal custodian, relatives, and siblings of the child, if siblings are not in out-of-home placement together, as set out in the out-of-home placement plan; the court may set reasonable rules for visitation that contribute to the objectives of the court order and the maintenance of the familial relationship; the court may deny visitation when visitation would act to prevent the achievement of the court's disposition order or would endanger the child's physical or emotional well-being;
(2) review the case plan, make modifications supported by the evidence appropriate, and approve the plan;
(3) order all parties to comply with the approved case plan;
(4) incorporate into the order by reference the approved case plan and attach a copy of the plan only if it has been modified;
(5) give notice to the parent on the record and in writing of the requirements of Minnesota Statutes § 260C.204 and § 260C.503260C.201, subds. 11 and 11a; and
(6) set the date and time for the admit/deny hearing pursuant to Rule 42.

Rule 41.06. Hearings to Review Disposition

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Subd. 2. Procedure in Reviewing Disposition.

(a) Legal Custody to Agency With Foster Care. When the disposition is transfer of legal custody to the responsible social services agency, the court shall conduct a hearing at least every ninety (90) days to review whether foster care is necessary and continues to be appropriate or whether the child should be returned to the home of the parent or legal custodian from whom the child was removed. The review shall include the following:

(1) whether the out-of-home placement plan is relevant to the safety and best interests of the child;

(2) whether the agency is making reasonable or, in the case of an Indian child, active efforts to implement the requirements of the out-of-home placement plan;

(3) the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement;

(4) whether the parents or legal custodian of the child are visiting the child and, if not, what barriers exist to visitation;

(5) whether the agency has made diligent efforts to identify both parents of the child as required under Minnesota Statutes § 260C.219260C.212, subd. 4, and whether the case plan or out-of-home placement plan addresses the need for services of both parents;

(6) whether the child is receiving appropriate services under the out-of-home placement plan;

(7) when a child has siblings in foster care:

(i) whether the child resides with the siblings;
(ii) when the child and siblings are not placed together, whether further efforts are appropriate to place the siblings together; and
(iii) when the child and siblings are not placed together, whether there is visitation amongst siblings;

(8) when a child is not placed with a relative, whether the agency's efforts under Minnesota Statutes § 260C.221260C.212, subd. 5, are adequate; in the case of an Indian child, whether the placement preferences of 25 U.S.C. § 1915 are met;

(9) when the agency is utilizing concurrent permanency planning, the agency's efforts to place the child with a relative or a foster parent who has committed to providing the child's legally permanent home in the event reunification efforts are not successful; and

(10) whether the parent or legal custodian understands the requirements of Minnesota Statutes § 260C.503, subds. 1 and 3260C.201, subd. 11, related to the required permanency placement determination hearing, including the projected date by which the child will be returned home or the hearing will be held.

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Subd. 4. Modification of Disposition; Modification of Case Plan or Out-of-Home Placement Plan.

(a) Agreement. The court, on its own motion or that of any party, may modify the disposition or order the case plan or out-of-home placement plan modified when all parties agree the modification is in the best interests of the child and:

(1) a change of circumstances requires a change in the disposition or modification of the case plan or out-of-home placement plan; or
(2) the original disposition or case plan or out-of-home placement plan is inappropriate.

(b) Objection. If a party objects to a proposed modification, or if the child does not have a guardian ad litem at the time the motion is made, the court shall schedule a hearing for the next available date. A party has a right to request a court review of the reasonableness of the case plan or out-of-home placement plan upon a showing of a substantial change in circumstances. The court may also:

(1) order the agency to make further efforts to identify and place a child with a relative if the court finds the agency has failed to perform duties required under Minnesota Statutes § 260C.212, subds. 2i and5§ 260C.221; or
(2) find that the agency has performed required duties under Minnesota Statutes § 260C.221260C.212, subd. 5, and no further efforts to locate relatives are required; or
(3) in the case of an Indian child, unless good cause is found under 25 U.S.C. § 1915, order the agency to make additional efforts to comply with the placement preferences of 25 U.S.C. § 1915.

RULE 42. PERMANENT PLACEMENT AND TERMINATION OF PARENTAL RIGHTS MATTERS; POST-PERMANENCY REVIEW REQUIREMENTS

Rule 42.01. Timing

Subd. 1. Timing of Required Permanency Proceedings for Child in Need of Protection or Services Matters. In the case of a child who is alleged or found to be in need of protection or services, ordered into foster care or the home of a noncustodial or nonresident parent, and where reasonable efforts for reunification are required, the first order placing the child in foster care or the home of a noncustodial or nonresident parent shall set the date or deadline for:

(a) the 12-month admit/deny hearing commencing permanent placement determination proceedings required under Rule 42.01, subd. 5(b); and
(b) the 6-month permanency progress review hearing required under Rule 42.01, subd. 5(a) required for a child who is under age eight (8) at the time the petition alleging the child to be in need of protection or services is filed.

Subd. 2. Timing of Hearing for Child on a Trial Home Visit. When the child has been ordered on a trial home visit which continues at the time the court is required to commence permanent placement determination proceedings under Rule 42.01, within twelve (12) months of the date a child is placed in foster care the court shall hold a hearing pursuant to Rule 42.13 to determine the continued status of the child.

Subd. 3. Calculating Time Period. The child shall be considered placed in foster care or the home of a noncustodial or nonresident parent at the earlier of:

(a) the date of the child's placement in foster care or in the care of a noncustodial or nonresident parent by court order; or
(b) sixty (60) days after the date on which the child has been voluntarily placed in foster care as a result of a voluntary placement agreement between the parents and the responsible social services agency.

Subd. 4. Accumulation of Out-of-Home Placement Time. The time period requiring the court to commence permanent placement determination proceedings shall be calculated as follows:

(a) during the pendency of a petition alleging a child to be in need of protection or services, all time periods during which a child is placed in foster care or in the home of a noncustodial or nonresident parent are accumulated;
(b) if a child has been placed in foster care within the previous five years under one or more previous petitions, the lengths of all prior time periods during which the child was placed in foster care within the previous five years are accumulated. If a child under this clause has been in foster care for twelve (12) months or more, the court, if it is in the best interests of the child and for compelling reasons, may extend the total time the child may continue out of the home under the current petition up to an additional six (6) months before making a permanency determination; and
(c) time spent on a trial home visit under Minnesota Statutes § 260C.201, subd. 1(a)(3), counts toward the requirement that the court commence permanency proceedings under this rule. However, if the child is on a trial home visit at the time the court is required to commence permanency proceedings, the court may conduct the hearing under Rule 42.13. If a trial home visit is ordered or continued at the time set for the court to commence permanency proceedings or if the child is ordered returned to the parent's home as a trial home visit at the conclusion of permanency proceedings under this rule, and the child is subsequently returned to foster care, the court shall re-commence proceedings to determine an appropriate permanent order for the child not later than thirty (30) days after the child returns to foster care.

Subd. 5. Notification of Timing. Not later than when the court sets the date or deadline for the admit/deny hearing commencing the permanent placement determination proceedings and the permanency progress review hearing, the court shall notify the parties and participants of the following requirements:

(a) Requirement of Six (6) Month Hearing, for Child Under Eight (8) Years of Age.For a child who is under eight (8) years of age at the time a petition is filed alleging the child to be in need of protection or services, t The court shall conduct a permanency progress review hearing to review the progress of the case, the parent's progress on the case plan or out-of-home placement plan, and the provision of services not later than six (6) months after the child is placed in foster care or in the home of a noncustodial or nonresident parent. At the hearing required under this paragraph, the court may conduct a permanency progress review hearing for any sibling of the child, regardless of age, when the sibling is also in foster care or in the home of a noncustodial parent.

(b) Requirement of Twelve (12) Month Hearing. The court shall commence permanent placement determination proceedings to determine the permanent status of the child, regardless of age, not later than twelve (12) months after the child is placed in foster care or in the home of a noncustodial or nonresident parent.

Rule 42.02. Purpose of Permanency Progress Review Hearing and Permanent Placement Determination Proceeding and Permanency Progress Review Hearing

Subd. 1. Permanency Progress Review Hearing: Child Under Eight-(8} Years of Age. The purpose of the permanency progress review hearing is to review the progress of the case, the parent's progress on the case plan or out-of-home placement plan, and the provision of services by the responsible social services agency. The court shall determine whether the parents or legal custodian have maintained regular contact with the child, whether the parents are complying with the court-ordered case plan or out-of-home placement plan, and whether the child would benefit from continuing this relationship.

Subd. 2-4. Permanent Placement Determination Proceeding Any Child in Foster Care or in Home of a Noncustodial Parent. The purpose of permanent placement determination proceedings is to determine the permanent status of a child, including a review of the progress of the case and the parent's progress on the case plan or out-of-home placement plan, the services provided by the responsible social services agency, and whether or not the conditions that led to the child's placement in foster care or in the home of a noncustodial or nonresident parent have been corrected so that the child can return to the care of the parent or custodian from whom the child was removed. The court shall determine whether the child shall be returned home or, if not, order permanent placement of the child consistent with the child's best interests and the pleadings and proof presented to the court.

Subd. 2.—Permanency Progress Review Hearing:Child Under Eight (8) Years of Age. The purpose of the permanency progress review hearing is to review the progress of the case, the parent's progress on the case plan or out of home placement plan, and the provision of services by the responsible social services agency. The court shall determine whether the parents or legal custodian have maintained regular contact with the child, the parents are complying with the court ordered case plan or out of home placement plan, and the child would benefit from continuing this relationship.

Rule 42.03. Procedures for Permanency Permanent Progress Review Hearing and Permanent Placement Determination Hearing

The following purpose and procedures governing a permanency progress review hearing required within six (6) months of removal from the care of a parent placement are set out at Minnesota Statutes § 260C.204 for a child under the age of eight (8) at the time the petition was filed alleging the child to be in need of protection or services and may also apply to any sibling of the child, regardless of age, when the sibling also is in foster care or the home of a noncustodial parent.

(a) Written Report. Not later than ten (10) days prior to the hearing, the county attorney shall file with the court and serve upon the parties a written report prepared by the responsible social services agency describing the progress of the case and the case plan or out of home placement plan including the services provided to the parents.

(b) Court Determination.

(1) Regular Contact Maintained and Parent Complying. If the court determines that the parent or legal custodian has maintained regular contact with the child, the parent is complying with the court-ordered case plan or out-of-home placement plan, and the child would benefit from continuing this relationship, the court may either:

(i) return the child home, if the conditions which led to the out of-home placement have been sufficiently mitigated and it is safe and in the child's best interests to return home; or
(ii) continue the matter up to a total of six (6) additional months.

(2) Regular Contact Not Maintained or Parent Not Complying. If the court determines that the parent or legal custodian has not maintained regular contact with the child as outlined in the visitation plan required under the case plan or out of home placement plan or the parent is not complying with the case plan or out of home placement plan, the court may order the responsible social services agency to develop a plan for permanent placement of the child away from the parent and to file a petition to support an order for the permanent placement plan within thirty (30) days of the hearing. A trial on the petition shall be held as provided in subdivision (c).

(e) Responsible Agency's or County Attorney's Duties. Following the review under this subdivision:

(1) if the court either returns the child home or continues the matter up to a total of six (6) additional months, the agency shall continue to provide services to support the child's return home or continue to make reasonable efforts to achieve reunification of the child and the parent as ordered by the court under an approved case plan;
(2) if the court orders the agency to develop a plan for the transfer of permanent legal and physical custody of the child to a relative, a petition supporting the plan shall be filed with the court within thirty (30) days of the hearing required under this subdivision and a trial on the petition shall be held within thirty (30) days of the filing of the petition; or
(3) if the court orders the agency to file a termination of parental rights petition, unless the county attorney can show cause why a termination of parental rights petition should not be filed, a petition for termination of parental rights shall be filed with the court within thirty (30) days of the hearing required under this subdivision and a trial on the petition shall be held within ninety (90) days of the filing of the petition.

Rule 42.04. Procedures for Permanent Placement Determination Proceedings for a Child Eight (8) Years of Age or Older or a Child Under Age Eight (8) for Whom Permanency Has Not Been Ordered; Admit/Deny Hearing Required at Month 12

The following procedures govern permanent placement determination proceedings for a child eight (8) years of age or older, or a child under age eight (8) for whom permanency has not been ordered, who has not been returned home within twelve (12) months of an order placing the child in foster care or in the home of a noncustodial parent:

(a) Petition. Unless the responsible social services agency recommends return of the child to the custodial parent or files a petition and motion pursuant to Rule 42.14, not later than thirty (30) days prior to the admit/deny hearing required in paragraph (b) the responsible social services agency shall file with the court a petition required under Rule 33.01 to establish the basis for the juvenile court to order permanent placement of the child according to Rules 42.06 to 42.12. A party other than the responsible social services agency may file a petition to transfer permanent legal and physical custody to a relative, but the petition must be filed not later than the date for the required admit-deny hearing under Minnesota Statutes § 260C.507; or if the agency's petition is filed under Minnesota Statutes § 260C.503, subd. 2, the petition must be filed not later than thirty (30) days prior to the trial required under Minnesota Statutes § 260C.509.

(b) Admit/Deny Hearing on Permanency Petition. The court shall commence and complete an admit/deny hearing pursuant to Rule 34 on the permanency petition, termination of parental rights petition, or petition for alternative permanent placement relief under Rule 33.01 not later than twelve (12) months after the child is placed in foster care or in the care of a noncustodial or nonresident parent.

(c) Trial. The court shall commence and complete any trial on the permanency petition within the time specified in Rule 39.

Rule 42.05. Permanent Placement Findings and Order

* * * * *

Subd. 2. Order. At the conclusion of the permanent placement determination proceedings the court shall order one of the following permanency dispositions:

(a) Return the child home pursuant to Rule 42.06;
(b) Terminate parental rights pursuant to Rule 42.08; (c) Transfer permanent legal and physical custody to a relative pursuant to Rule 42.07;
(e) Terminate parental rights pursuant to Rule 42.08;
(d) Guardianship and legal custody to the commissioner of human services upon consent by the child's parent to adopt pursuant to Rule 42.09;
(e) Permanent custody to the agency Long term foster care pursuant to Rule 42.11; or
(f) Temporary legal custody to the agency Foster care for a specified period of time pursuant to Rule 42.12.

Rule 42.07. Transfer of Permanent Legal and Physical Custody to a Relative

Subd. 1. Order. The court may order transfer of permanent legal and physical custody to a fit and willing relative pursuant to Minnesota Statutes § 260C.515, subd. 4260C.201, subd. 11(d)(1).

Subd. 2. Jurisdiction Terminated Unless Retained. If the court transfers permanent legal and physical custody to a relative, juvenile court jurisdiction is terminated unless specifically retained by the court.

Subd. 3. Further Hearings If Jurisdiction Retained. If the court retains jurisdiction, the court may order further in-court hearings at such intervals as it determines to be in the best ...


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