Minnesota Statutes 260C.151 – Summons; Notice
Subdivision 1.Issuance of summons.
After a petition has been filed and unless the parties hereinafter named voluntarily appear, the court shall set a time for a hearing and shall issue a summons requiring the 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.
Terms Used In Minnesota Statutes 260C.151
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
- Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Child abuse: means an act that involves a minor victim that constitutes a violation of section 609. See Minnesota Statutes 260C.007
- Child in need of protection or services: means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E. See Minnesota Statutes 260C.007
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260C.007
- court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
- Docket: A log containing brief entries of court proceedings.
- Foster care: means 24-hour substitute care for a child for whom a responsible social services agency has placement and care responsibility and:
(1) who is placed away from the child's parent or guardian 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;
(2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or
(3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C. See Minnesota Statutes 260C.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Legal custody: means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of section 260C. See Minnesota Statutes 260C.007
- Parent: means a person who has a legal parent and child relationship with a child which confers or imposes on the person legal rights, privileges, duties, and obligations consistent with sections 257. See Minnesota Statutes 260C.007
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260C.007
- Putative father: has the meaning given in section 259. See Minnesota Statutes 260C.007
- Relative: means a person related to the child by blood, marriage, or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual who is an important friend of the child or of the child's parent or custodian, including an individual with whom the child has resided or had significant contact or who has a significant relationship to the child or the child's parent or custodian. See Minnesota Statutes 260C.007
- Responsible social services agency: means the county social services agency that has responsibility for public child welfare and child protection services and includes the provision of adoption services as an agent of the commissioner of human services. See Minnesota Statutes 260C.007
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
Terms Used In Minnesota Statutes 260C.151
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
- Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Child abuse: means an act that involves a minor victim that constitutes a violation of section 609. See Minnesota Statutes 260C.007
- Child in need of protection or services: means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E. See Minnesota Statutes 260C.007
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260C.007
- court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
- Docket: A log containing brief entries of court proceedings.
- Foster care: means 24-hour substitute care for a child for whom a responsible social services agency has placement and care responsibility and:
(1) who is placed away from the child's parent or guardian 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;
(2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or
(3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C. See Minnesota Statutes 260C.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Legal custody: means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of section 260C. See Minnesota Statutes 260C.007
- Parent: means a person who has a legal parent and child relationship with a child which confers or imposes on the person legal rights, privileges, duties, and obligations consistent with sections 257. See Minnesota Statutes 260C.007
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260C.007
- Putative father: has the meaning given in section 259. See Minnesota Statutes 260C.007
- Relative: means a person related to the child by blood, marriage, or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual who is an important friend of the child or of the child's parent or custodian, including an individual with whom the child has resided or had significant contact or who has a significant relationship to the child or the child's parent or custodian. See Minnesota Statutes 260C.007
- Responsible social services agency: means the county social services agency that has responsibility for public child welfare and child protection services and includes the provision of adoption services as an agent of the commissioner of human services. See Minnesota Statutes 260C.007
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
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.505 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 sections 260C.503 to 260C.521 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, § 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 that the child is in surroundings or conditions that 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, preferably with a relative. 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.