Minnesota Statutes

General Rules of Practice for the District Courts

Title I. Rules Applicable to All Court Proceedings

Rule 10. Tribal Court Orders and Judgments

Rule 10.02. When Recognition of Tribal Court Orders and Judgments Is Discretionary.

(a) Factors.  In cases other than those governed by Rule 10.01(a), enforcement of a tribal court order or judgment is discretionary with the court.  In exercising this discretion, the court may consider the following factors:

(1) whether the party against whom the order or judgment will be used has been given notice and an opportunity to be heard or, in the case of matters properly considered ex parte, whether the respondent will be given notice and an opportunity to be heard within a reasonable time;

(2) whether the order or judgment appears valid on its face and, if possible to determine, whether it remains in effect;

(3) whether the tribal court possessed subject-matter jurisdiction and jurisdiction over the person of the parties;

(4) whether the issuing tribal court was a court of record;

(5) whether the order or judgment was obtained by fraud, duress, or coercion;

(6) whether the order or judgment was obtained through a process that afforded fair notice, the right to appear and compel attendance of witnesses, and a fair hearing before an independent magistrate;

(7) whether the order or judgment contravenes the public policy of this state;

(8) whether the order or judgment is final under the laws and procedures of the rendering court, unless the order is a non-criminal order for the protection or apprehension of an adult, juvenile or child, or another type of temporary, emergency order;

(9) whether the tribal court reciprocally provides for recognition and implementation of orders, judgments and decrees of the courts of this state; and

(10) any other factors the court deems appropriate in the interests of justice.

(b) Procedure.  The court shall hold such hearing, if any, as it deems necessary under the circumstances.

Minnesota Statutes

Rules of Juvenile Delinquency Procedure

Rule 1. Scope, Application, and General Purpose

Rule 1.01. Scope and Application

Rules 1 through 31 govern the procedure in the juvenile courts of Minnesota for all delinquency matters as defined by Minnesota Statutes, section 260B.007, subdivision 6, juvenile petty matters as defined by Minnesota Statutes, section 260B.007, subdivision 16 and juvenile traffic matters as defined by Minnesota Statutes, section 260B. 225.  Procedures for juvenile traffic and petty matters are governed by Rule 17.

Where these rules require giving notice to a child, notice shall also be given to the child's counsel if the child is represented.  Reference in these rules to "child's counsel" includes the child who is proceeding pro se.

Where any rule obligates the court to inform a child or other person of certain information, the information shall be provided in commonly understood, everyday language.

In cases involving an Indian child, which may be governed by the Indian Child Welfare Act, 25 U.S.C.A.  Chapter 21, sections 1901-1963, these rules shall be construed to be consistent with that Act.  Where the Minnesota Indian Family Preservation Act, Minnesota Statutes, sections 260.751 through 260.835 applies, these rules shall be construed to be consistent with that act.

Minnesota Statutes

Rules of Juvenile Delinquency Procedure

Rule 1. Scope, Application, and General Purpose

Rule 1.02. General Purpose

The purpose of the juvenile rules is to establish uniform practice and procedures for the juvenile courts of the State of Minnesota, and to assure that the constitutional rights of the child are protected.  The purpose of the laws relating to children alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior and by developing individual responsibility for lawful behavior.  This purpose should be pursued through means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.  These rules shall be construed to achieve these purposes.

Minnesota Statutes

Rules of Juvenile Protection Procedure

A. Scope and Purpose

Rule 2. Definitions

Rule 2.01. Definitions

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

(a) "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.

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

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

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

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

(2) returned home before an Emergency Protective Care Hearing pursuant to Rule 30 with court ordered conditions of release.

(e) "Foster care" as defined in Minnesota Statutes § 260C. 007, subd.  18, means the 24-hour-a-day care of a child in any facility which for gain or otherwise regularly provides one or more children, when unaccompanied by their parents, with a substitute for the care, food, lodging, training, education, supervision, or treatment they need but which for any reason cannot be furnished by their parent or legal custodian in their homes.

(f) "Independent Living Plan" is a plan for a child age 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)(8).

(g) "Indian child" as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903(4), and Minnesota Statutes § 260.755, subd. 8, means any unmarried person who is under age eighteen (18) and is either (1) a member of an Indian tribe or (2) is eligible for membership in an Indian tribe.

(h) "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.

(i) "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.

(j) "Juvenile protection case records" means all records of the juvenile court regarding a particular case or controversy, including all records filed with the court, all records maintained by the court, and all reporter's notes and tapes, electronic recordings, and transcripts of hearings and trials.  See also "records" defined in subdivision (s).

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

(1) child in need of protection or services matters as defined in Minnesota Statutes § 260C.007, subd. 6, including habitual truant and runaway matters;

(2) neglected and in foster care matters as defined in Minnesota Statutes § 260C.007, subd.  24;

(3) review of foster care matters as defined in Minnesota Statutes §260C.141, subd. 2;

(4) review of out-of-home placement matters as defined in Minnesota Statutes § 260C.212;

(5) termination of parental rights matters as defined in Minnesota Statutes § 260C.301 to § 260C.328;  and

(6) permanent placement matters as defined in Minnesota Statutes § 260C.201, subd. 11, including transfer of permanent legal and physical custody to a relative matters and long-term foster care matters.

(l) "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.

(m) "Parent" 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, 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 as provided in Minnesota Statutes § 260.755, subd. 22, but it does not include an unmarried father whose paternity has not been acknowledged or established.

(n) "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.

(o) "Presumed Father" means an individual who is presumed to be the biological father of a child under Minnesota Statutes § 257.55, subd. 1.

(p) "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.

(q) "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.

(r) "Reasonable efforts" as defined in Minnesota Statutes § 260.012(b) means the exercise of due diligence by the responsible social services agency to use appropriate and available services to meet the needs of the child and the child's family to prevent removal of the child from the child's parent or legal custodian or, upon removal, services to eliminate the need for removal and reunite the family.   "Reasonable efforts" includes efforts by the responsible social services agency to secure for the child a legally permanent home in a timely fashion when reunification efforts are no longer applicable.

(s) "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 the Records of the Judicial Branch.  See also "juvenile protection case records" defined in subdivision (j).

(t) "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.

(u) "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.

(v) "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.

Minnesota Statutes

Rules of Juvenile Protection Procedure

A. Scope and Purpose

Rule 3. Applicability of Other Rules and Statutes

Rule 3.03. Indian Child Welfare Act

Juvenile protection matters concerning an Indian child shall be governed by the Indian Child Welfare Act, 25 U.S.C. § 1901 to § 1963;  the Minnesota Indian Family Preservation Act, Minnesota Statutes § 260.751 to § 260.835;  and by these rules when these rules are not inconsistent with the Indian Child Welfare Act or the Minnesota Indian Family Preservation Act.

Minnesota Statutes

Rules of Juvenile Protection Procedure

B. General Operating Rules

Rule 4. Time; Timeline

Rule 4.03. Timeline

Subd. 1. Child in Need of Protection or Services Matters.

(a) Emergency Protective Care Hearing.  If a child has been removed from the home of the parent or legal custodian pursuant to Rule 30.01, the court shall hold an emergency protective care hearing within seventy-two (72) hours of the child's removal.

(b) Admit/Deny Hearing.  Pursuant to Rule 34.02, subd. 1, when the child is removed from home by court order, an admit/deny hearing shall be held within ten (10) days of the date of the emergency protective care hearing.  Pursuant to Rule 34.02, subd. 2, when the child is not removed from home by court order, an admit/deny hearing shall be held no sooner than five (5) days, and no later than twenty (20) days after the parties have been served with the petition.  In the case of an Indian child, no foster care placement proceeding or termination of parental rights proceeding shall be held until at least ten (10) days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary of the Interior, provided, however, that the parent or Indian custodian or the tribe shall, upon request, be granted up to twenty (20) additional days to prepare for such proceeding.

(c) Pretrial Conference.  Pursuant to Rule 36.01, a pretrial conference may be held any time after the admit/deny hearing, but not later than ten (10) days before the date the trial is scheduled to commence.

(d) Trial.  Pursuant to Rule 39.02, when the statutory grounds set forth in the petition are denied, a trial shall be commenced within sixty (60) days of the emergency protective care hearing or the admit/deny hearing, whichever is earlier.

(e) Findings/Adjudication.  Pursuant to Rule 39.05, subd. 2, the court shall issue its findings and order concerning adjudication within fifteen (15) days of the date that the trial is completed.  If written argument is to be submitted, such argument shall be submitted within fifteen (15) days of the conclusion of testimony.  For good cause, the court may extend this period for an additional fifteen (15) days.  The trial is not considered completed until the time for written arguments, if any, has expired.

(f) Disposition.  Pursuant to Rule 41.02, when practicable, the court may order disposition at the same time as the adjudication.  In the event disposition is not ordered at the same time as the adjudication, the court shall include in the adjudication order a date for a disposition hearing which shall take place no later than ten (10) days from the date the court issues its adjudication order.

(g) Review of Legal Custody.  Pursuant to Rule 41.06, when the disposition is an award of legal custody to the responsible social services agency, the court shall review the disposition in court at least every ninety (90) days.  Any party or the county attorney may request a review hearing before ninety (90) days.

(h) Review of Protective Supervision.  Pursuant to Rule 41.06, when the disposition is protective supervision, the court shall review the disposition in court at least every six (6) months from the date of the disposition.

Subd. 2. Permanent Placement Matters.  Pursuant to Rule 42.01, when the child is in protective care, or legal or physical custody is transferred to the responsible social services agency, the court shall conduct a hearing:

(a) within six (6) months of the date the child is removed from the home of the parent or legal custodian if the child is under eight (8) years of age at the time the petition is filed to review the progress of the case, the parent's progress on the out-of-home placement plan, and the provision of services;  or

(b) within twelve (12) months of the date the child is removed from the home of the parent or legal custodian to determine the permanent status of the child unless a termination of parental rights petition has been filed.

Subd. 3. Termination of Parental Rights Matters.

(a) Admit/Deny Hearing.  Pursuant to Rule 34.02, an admit/deny hearing shall be held not less than ten (10) days after service of the petition.

(b) Pretrial Conference.  Pursuant to Rule 36.01, a pretrial conference may be held any time after the date of the admit/deny hearing, but not later than ten (10) days before the date the trial is scheduled to commence.

(c) Trial.  Pursuant to Rule 39.02, a trial shall be commenced within ninety  (90) days of the filing of the petition.

(d) Findings/Adjudication.  Pursuant to Rule 39.05, the court shall issue its findings and order concerning adjudication within fifteen (15) days of the date that the trial is completed.  If written argument is to be submitted, such argument shall be submitted within fifteen (15) days of the conclusion of testimony.  For good cause, the court may extend this period for an additional fifteen (15) days.   The trial is not considered completed until the time for written arguments, if any, has expired.

(e) Review.  Pursuant to Rule 43.03, when the court orders termination of parental rights and adoption as the permanency plan, the court shall conduct a hearing to review progress toward adoptive placement at least every ninety (90) days.

         Day            Event

           1            Child removed from home

           3            Emergency Protective Care Hearing

           3-13         Admit/Deny Hearing

          14-53         Pretrial Conference

          63            Trial

          79            Findings/Adjudication

          79-88         Disposition Hearing

         168-178        Review Hearing

         258-268        Review Hearing

         348-358        Review Hearing

         365            Permanent Placement Determination Hearing

Minnesota Statutes

Rules of Juvenile Protection Procedure

B. General Operating Rules

Rule 8. Accessibility of Juvenile Protection Case Records

Rule 8.04. Records Not Accessible to the Public or Parties

The following records (a)--(m) in the court file are not accessible to the public.  Unless otherwise ordered by the court, parties shall have access for inspection and copying to all records in the court file, except records (b), (d), and (e) listed below.

(a) transcripts, stenographic notes, and recordings of testimony of anyone taken during portions of proceedings that are closed by the presiding judge;

(b) audio tapes or video tapes of a child alleging or describing physical abuse, sexual abuse, or neglect of any child;

(c) victims' statements;

(d) portions of juvenile protection case records that identify reporters of abuse or neglect;

(e) HIV test results;

(f) medical records, chemical dependency evaluations and records, psychological evaluations and records, and psychiatric evaluations and records;

(g) sexual offender treatment program reports;

(h) portions of photographs that identify a child;

(i) applications for ex parte emergency protective custody orders, and any resulting orders, until the hearing where all parties have an opportunity to be heard on the custody issue, provided that, if the order is requested in a Child in Need of Protection or Services (CHIPS) petition, only that portion of the petition that requests the order shall be deemed to be the application for purposes of this section (i);

(j) records or portions of records that specifically identify a minor victim of an alleged or adjudicated sexual assault;

(k) notice of pending court proceedings provided to an Indian tribe by the responsible social services agency pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1912;

(l) records or portions of records which the court in exceptional circumstances has deemed to be inaccessible to the public;  and

(m) records or portions of records that identify the name, address, home, or location of any shelter care or foster care facility in which a child is placed pursuant to an emergency protective care placement, foster care placement, pre-adoptive placement, adoptive placement, or any other type of court ordered placement.

Minnesota Statutes

Rules of Juvenile Protection Procedure

D. Course of Case

Rule 30. Emergency Protective Care Hearing

Rule 30.10. Protective Care Findings and Order

At the conclusion of the emergency protective care hearing the court shall issue a written order which shall include findings pursuant to Rules 30.08 and 30.09 and which shall order:

(a) that the child:

(1) continue in protective care;

(2) return home with conditions in place to assure the safety of the child or others;

(3) return home with reasonable conditions of release;  or

(4) return home with no conditions;

(b) conditions pursuant to subdivision (a), if any, to be imposed upon the parent, legal custodian, or a party;

(c) services, if any, to be provided to the child and the child's family;

(d) where the child shall be placed;

(e) terms of parental and sibling visitation pending further proceedings;  and

(f) the parent's responsibility for costs of care pursuant to Minnesota Statutes § 260C.331, subd. 1.

Minnesota Statutes

Rules of Juvenile Protection Procedure

D. Course of Case

Rule 33. Petition

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, and current address unless stating the address would endanger the child or seriously risk disruption of the current placement;

(c) the names, race, date of birth, residence, and post office addresses of the child's parents when known;

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

(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 address of the parties identified in Rule 21, as well as a statement designating them as parties;  and.

(i) the names and addresses of the participants identified in Rule 22, as well as a statement designating them as participants.

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.

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

(a) Petitions Drafted and Filed by County Attorney.  A child in need of protection or services matter is defined in Minnesota Statutes § 260C.007, subd. 6.  All child in need of protection or services petitions shall be drafted and filed under the supervision of the county attorney, except as provided in Minnesota Statutes § 260C.141, subd. 1, and subdivision 2 (b) of this rule.

(b) Petitions Drafted and Filed By Others.

(1) Petition Form.  A child in need of protection or services petition filed by an individual who is not a county attorney or an agent of the Commissioner of Human Services shall be filed on a form developed by the state court administrator.  Copies of the form shall be available from the court administrator in each county.

(2) Additional Content Requirements for Petitions Not Filed by County Attorney.  In addition to the content requirements set forth in subdivision 1, a petition filed by an individual who is not a county attorney or an agent of the Commissioner of Human Services shall contain:

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

(ii) a statement, including court file numbers where possible, of pending juvenile or family court proceedings and prior or present juvenile or family court orders relating to the child;  and

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

(3) Review by Court Administrator.  Any petition filed by an individual who is not a county attorney or an agent of the Commissioner of Human Services shall be reviewed by the court administrator before it is filed to determine whether it is complete.  The court administrator may reject the petition as incomplete if it does not indicate that the petitioner has contacted the responsible social services agency.

(4) Court Review.  Within three (3) days of the date a petition is filed by a person who is not a county attorney or an agent of the Commissioner of Human Services, the court shall review the petition.  If the court determines that the petition and attachments establish a prima facie case that a child in need of protection or services matter exists and that the child is the subject of that matter, the court shall set the matter for an admit/deny hearing pursuant to Rule 34 and shall direct notice pursuant to Rule 32.  The court shall not allow a petition to proceed if it appears that the sole purpose of the petition is to modify custody between the parents or if it fails to set forth the information required in subdivisions 1 and 2(b) of this rule.

(c) Petition Based Upon Prima Facie Case.

(1) When Required.  In addition to the content requirements of subdivisions 1 and 2(b), a petition establishing a prima facie case that a child in need of protection or services matter exists and that the child is the subject of that matter shall be filed with the court:

(i) before the court may issue an ex parte order for emergency protective care pursuant to Rule 28;  or

(ii) before an emergency protective care hearing is held pursuant to Rule 30 for a child taken into emergency protective care without a court order.

(2) Manner.  The facts establishing a prima facie case that a child in need of protection or services matter exists and that the child is the subject of that matter may be set forth in writing in or with the petition, or in supporting affidavits, and may be supplemented by sworn testimony of witnesses taken before the court.  If such testimony is taken, a note stating this fact shall be made by the court on the petition.  The testimony shall be recorded pursuant to Rule 11.

Subd. 3. Termination of Parental Rights Matters.

(a) Generally.  A termination of parental rights matter shall be entitled  "Petition to Terminate Parental Rights" and shall conform to the requirements of Minnesota Statutes § 260C.141.

(b) Petitions Drafted and Filed By Others.

(1) Petition Form.  A termination of parental rights petition filed by an individual who is not a county attorney or an agent of the Commissioner of Human Services shall be filed on a form developed by the state court administrator.  Copies of the form shall be available from the court administrator in each county.

(2) Additional Content Requirements for Petitions Not Filed by County Attorney.  In addition to the content requirements set forth in subdivision 1, a petition filed by an individual who is not a county attorney or an agent of the Commissioner of Human Services shall contain:

(i) statement, including court file numbers where possible, of pending juvenile or family court proceedings and prior or present juvenile or family court orders relating to the child;

(ii) a statement regarding the relationship of the petitioner to the child and to any other parties;  and

(iii) a statement identifying any past or pending cases involving the child or family that is the subject of the petition.

(3) Review by Court Administrator.  Any petition filed by an individual who is not a county attorney or an agent of the Commissioner of Human Services shall be reviewed by the court administrator before it is filed to determine whether it is complete.  The court administrator may reject the petition if incomplete.

(c) Petitions Seeking Alternative Permanent Placement Relief.  In addition to the content requirements set forth in subdivision 1, any termination of parental rights petition may seek alternative permanent placement relief, including transfer of permanent legal and physical custody to a relative or placement of the child in long-term foster care.  A petition seeking alternative permanent placement relief shall identify which permanent placement option the petitioner believes is in the best interests of the child.  A petition may seek separate permanent placement relief for each child named as a subject of the petition as long as the petition identifies which option(s) is sought for each child and why that option(s) is in the best interests of the child.  At the admit/deny hearing on a petition that seeks alternative relief, each party shall identify on the record the permanent placement option that is in the best interests of the child.

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 long-term foster care shall be entitled "Juvenile Protection Petition for Long-term Foster Care."

(3) A request for 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 Foster Care for a Specific Period of Time."

(b) Petitions Seeking Alternative Permanent Placement Relief.  Any permanent placement petition may seek alternative permanent placement relief, including termination of parental rights, transfer of permanent legal and physical custody to a relative, or placement of the child in long-term foster care.  A petition seeking alternative permanent placement relief shall identify which permanent placement option the petitioner believes is in the best interests of the child.  A petition may seek separate permanent placement relief for each child named as a subject of the petition as long as the petition identifies which option(s) is sought for each child and why that option is in the best interests of the child.  At the admit/deny hearing on a petition that seeks alternative relief, each party shall identify on the record the permanent placement option that is in the best interests of the child.  If another party files a permanent placement petition in response to the county's petition, it must be filed and served at least fifteen (15) days prior to the date of trial.

Subd. 5. Out of State Party.  If a party resides out of state, or if there is likelihood of interstate litigation, the petition or an attached affidavit shall include a statement regarding the whereabouts of the party and any other information required by the Uniform Child Custody Jurisdiction and Enforcement Act, Minnesota Statutes § 518D.101 to § 518D.317.

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.  Upon notice and motion, the court may disclose the name or address as it deems appropriate.

Minnesota Statutes

Rules of Juvenile Protection Procedure

D. Course of Case

Rule 39. Trial

Rule 39.04. Standard of Proof

Subd. 1. Generally.  To be proved at trial, the statutory grounds set forth in the petition must be proved by clear and convincing evidence.

Subd. 2. Indian Child.

(a) Foster Care Placement.  In the case of an Indian child, no foster care placement may be ordered in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, as defined in Minnesota Rules parts 9560.0221 and 9560.0500 to 9560.0670, that the continued custody of the child by the parent or legal custodian or Indian custodian is likely to result in serious emotional or physical damage to the child.

(b) Termination of Parental Rights.  In the case of an Indian child, no termination of parental rights may be ordered in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, as defined in Minnesota Rules parts 9560.0221 and 9560.0500 to 9560.0670, that the continued custody of the child by the parent or legal custodian or Indian custodian is likely to result in serious emotional or physical damage to the child.

Minnesota Statutes

Rules of Juvenile Protection Procedure

D. Course of Case

Rule 46. Relief From Order

Rule 46.03. Petition to Invalidate Under ICWA

Subd. 1. Petition.  Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's tribe may file with the court and serve upon the parties a Petition to Invalidate such action upon a showing that such action violates the Indian Child Welfare Act, 25 U.S.C. §§ 1911-1914 1978).  The form and content of the petition shall be in writing and shall be governed by Rule 33.

Subd. 2. Evidentiary Hearing.  Upon the filing of a Petition to Invalidate, the court shall schedule an evidentiary hearing.

Subd. 3. Findings and Order.  At the conclusion of the evidentiary hearing, the court shall issue findings of fact, conclusions of law, and an order regarding the Petition to Invalidate.