| Minn. Stat. § 260C.152
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260C. Child Protection
Procedures
260C.152. Service of
summons, notice
Subdivision
1. Notice in lieu of summons; personal service.
The service of a summons or a notice in lieu of summons shall be as provided
in the rules of juvenile procedure.
Subd.
2. Service; fees.
Service of summons, notice, or subpoena required by sections 260C.151
to 260C.307 shall be made by any suitable person under the direction of
the court, and upon request of the court shall be made by a probation
officer or any peace officer. The fees and mileage of witnesses shall
be paid by the county if the subpoena is issued by the court on its own
motion or at the request of the county attorney. All other fees shall
be paid by the party requesting the subpoena unless otherwise ordered
by the court.
Subd.
3. Notification.
In any proceeding regarding a child in need of protection or services
in a state court, where the court knows or has reason to know that an
Indian child is involved, the prosecuting authority seeking the foster
care placement of, or termination of parental rights to an Indian child,
shall notify the parent or Indian custodian and the Indian child's tribe
of the pending proceedings and of their right of intervention. The notice
must be provided by registered mail with return receipt requested unless
personal service is accomplished. If the identity or location of the parent
or Indian custodian and the tribe cannot be determined, the notice shall
be given to the Secretary of the Interior of the United States in like
manner, according to the Indian Child Welfare Act of 1978, United States
Code, title 25, section 1912. No foster care placement proceeding or termination
of parental rights proceeding shall be held until at least ten days after
receipt of notice by the parent or Indian custodian and the tribe or the
Secretary. However, the parent or Indian custodian or the tribe shall,
upon request, be granted up to 20 additional days to prepare for the proceeding.
Subd.
4. Proof of service.
Proof of the service required by this section shall be made by the person
having knowledge thereof.
Subd.
5. Notice to foster parents and preadoptive parents and relatives.
The foster parents, if any, of a child and any preadoptive parent or relative
providing care for the child must be provided notice of and an opportunity
to be heard in any review or hearing to be held with respect to the child.
Any other relative may also request, and must be granted, a notice and
the opportunity to be heard under this section. This subdivision does
not require that a foster parent, preadoptive parent, or relative providing
care for the child be made a party to a review or hearing solely on the
basis of the notice and opportunity to be heard.
CREDIT(S)
Laws 1999, c. 139, art.
3, § 10.
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