MN ST § 260C.151

 

Minnesota Statutes Annotated Currentness

Public Welfare and Related Activities (Ch. 245-267)

Chapter 260C. Child Protection

Procedures

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

Subd. 2. Notice; child in need of protection or services. After a petition has been filed alleging a child to be in need of protection or services and unless the persons named in clause (1) or (2) voluntarily appears, the court shall issue a notice to:

(1) a putative father of the child, including any putative father who has timely registered with the Minnesota Fathers' Adoption Registry under section 259.52; and

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

Subd. 2a. Notice; termination of parental rights or permanency proceeding.    (a) After a petition for termination of parental rights or petition for permanent placement of a child away from a parent under section 260C.201, subdivision 11, has been filed, the court shall set a time for the admit or deny hearing as required under the Minnesota Rules of Juvenile Protection Procedure and shall issue a summons requiring the parents of the child to appear before the court at the time and place stated.   The court shall issue a notice to:

(1) a putative father who has timely registered with the Minnesota Fathers' Adoption Registry and who is entitled to notice of an adoption proceeding under section 259.49, subdivision 1; and

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

(b) Neither summons nor notice under this section or section 260C.152 of a termination of parental rights matter or other permanent placement matter under section 260C.201, subdivision 11, is required to be given to a putative father who has failed to timely register with the Minnesota Fathers' Adoption Registry under section 259.52 unless that individual also meets the requirements of section 257.55 or, is required to be given notice under section 259.49, subdivision 1. When a putative father is not entitled to notice under this paragraph and is therefore not given notice, any order terminating the putative father's rights does not give rise to a presumption of parental unfitness under section 260C.301, subdivision 1, paragraph (b), clause (4).

Subd. 3. Notice of pendency of case. Notice means written notice as provided in the Minnesota Rules of Juvenile Protection Procedure. The court shall have notice of the pendency of the case and of the time and place of the hearing served as required by subdivision 2. For an Indian child, notice of all proceedings must comply with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq., and section 260.765.

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

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

Subd. 6. Immediate custody. If the court makes individualized, explicit findings, based on the notarized petition or sworn affidavit, that there are reasonable grounds to believe the child is in surroundings or conditions which endanger the child's health, safety, or welfare that require that responsibility for the child's care and custody be immediately assumed by the responsible social services agency and that continuation of the child in the custody of the parent or guardian is contrary to the child's welfare, the court may order that the officer serving the summons take the child into immediate custody for placement of the child in foster care. In ordering that responsibility for the care, custody, and control of the child be assumed by the responsible social services agency, the court is ordering emergency protective care as that term is defined in the juvenile court rules.

CREDIT(S)

Laws 1999, c. 139, art. 3, § 9. Amended by Laws 2001, c. 178, art. 1, §§ 12, 44; Laws 2005, c. 159, art. 2, § 14; Laws 2009, c. 163, art. 2, §§ 20 to 23, eff. Aug. 1, 2009.

HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Derivation:

Laws 1999, c. 245, art. 8, § 49.

St.1998, § 260.135.

Laws 1994, c. 631, § 31.

Laws 1989, c. 235, § 9.

Laws 1988, c. 673, §§ 16, 17.

Laws 1986, 1st Sp., c. 3, art. 1, § 82.

Laws 1986, c. 444.

Laws 1985, c. 286, § 3.

Laws 1984, c. 654, art. 5, § 58.

Laws 1980, c. 580, §§ 8 to 10.

Laws 1963, c. 516, § 4.

Laws 1959, c. 685, § 18.

St.1957, § 260.08.

Laws 1953, c. 219, § 1.

Laws 1953, c. 158, § 1.

Laws 1951, c. 224, § 1.

Laws 1941, c. 158, § 1.

St.Supp.1940, § 8643-1.

Laws 1937, Ex.Sess., c. 79, § 2.

St.1927, § 8643.

Laws 1927, c. 192, § 4.

Gen.St.1923, § 8643.

Laws 1917, c. 397, § 8.

Gen.St.1913, §§ 7166, 7181.

Laws 1913, c. 260, § 2.

Laws 1911, c. 353, § 1.

Laws 1909, c. 232.

Laws 1907, c. 172.

Laws 1905, c. 285, § 5.

Laws 2001, c. 178, art. 1, § 12, rewrote subd. 6, which formerly read:

"Subd. 6. Immediate custody. If it appears from the notarized petition or by sworn affidavit that there are reasonable grounds to believe the child is in surroundings or conditions which endanger the child's health, safety or welfare and require that the child's custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the officer serving the summons shall take the child into immediate custody."

Laws 2001 c. 178, art. 1, § 44, par. (b), directed the revisor of statutes to renumber definitions in § 260C.007, putting the terms in alphabetical order, and to change affected text cross-references accordingly.

Laws 2005, c. 159, art. 2, § 14, rewrote subd. 6, which formerly read:

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

2010 Electronic Update                                                          

2009 Legislation

Laws 2009, c. 163, art. 2, §§ 20 to 23, in subd. 1, in the first sentence, substituted "child's parents or legal guardian and any person who has legal custody of the child to appear" for "person who has custody or control of the child to appear with the child"; rewrote subd. 2; added subd. 2a, relating to notice of termination of parental rights or permanency proceeding; and rewrote subd. 3. Prior to revision, subds. 2 and 3 read:

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

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

"(2) an alleged father of the child;

"(3) a noncustodial mother; and

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

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

M. S. A. § 260C.151, MN ST § 260C.151

Current with laws of the 2010 Regular and First Special

                 Sessions effective through June 30, 2010