| Minn. Stat. § 260C.151
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260C. Child Protection
Procedures
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 person who has custody or control of the
child to appear with the child before the court at a time and place stated.
The summons shall have a copy of the petition attached, and shall advise
the parties of the right to counsel and of the consequences of failure
to obey the summons. The court shall give docket priority to any child
in need of protection or services 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.
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.
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.
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