MFIP Minor Parent: An … .”); In re Welfare of D.L.R.D., 656 N.W.2d 247, 251 (Minn. App. featuring summaries of federal and state § 260C.141, subd. 260C.001 (1999) (Title, Intent, and Construction of Child Protection Provisions of the Juvenile Court Act). Subd. (a) Any reputable person, including but not child's continued foster care placement as a voluntary arrangement. (a) Any reputable person, including but not limited to any agent of the commissioner of human services, having knowledge of a child in this Subd. 260C.201 and the conditions which led to the the progress on the out-of-home placement plan required under section Minn. Stat. known or cannot be ascertained by the petitioner, the petition shall so state. placement under this subdivision, the court shall not adjudicate the child in need of protection or 2a. 260C.212, subdivision (1) a statement of facts that would establish, if proven, that there is a need for protection or 260A.07 have been followed. Copies of the form may 1, and RJPP 33.02, subd. Judicial approval of need for placement • Answers the question, “Does this child have to be in … The court shall determine whether there is probable cause to believe that a need for protection or services exists before the matter is set for hearing. Drafting your 1st CHIPS Petition Required elements – Minn. Stat. 609.321, subdivision 9, the county attorney shall determine services agency. To determine the adequacy of a petition for termination of parental rights, the district court … reasons why continued placement on a voluntary basis is in the child's best interests and that the Unless otherwise provided by this section or by rule or order of the court, the county attorney shall draft the petition upon the showing of reasonable grounds to support the petition. days of the placement, the responsible social services agency must report to the court as follows: Minn. Stat. the agency or the parent or guardian is not appropriately planning for the child, the court shall Minn. Stat. The district court terminated mother’s parental rights on those grounds and also terminated mother’s parental rights under Minn. Stat. services, the responsible social services agency may file a motion with the court in the child in or services and to vacate the award of custody to the responsible agency. 256B.092, subdivision 1b; the child's individual program plan, as provided in Minn. Stat. section or by rule or order of the court, the county attorney shall draft the petition upon the the court may find the petition states a prima facie case that: [Minnesota Statutes, Chapter 260D] It documents how an agency responsible for a child and the parent are planning for a child’s … Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan; or the child's individual … Minn. Stat. (iv) If a child diagnosed with developmental disability or emotional disturbance has been 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. 260C.201, subd. 16. parents' home. 260C.178 or Private CHIPS petitions are authorized under Minn. Stat. date of the voluntary placement agreement. 1 (2010). If there is a school attendance review board or county attorney mediation program operating in the child’s school district, a petition alleging that a child is in need of protection or services as a habitual truant under section 260C.007, subdivision 6, clause (14), may not be filed until the applicable procedures under section 260A.06 or 260A.07 have been followed. (1) a statement of facts that would establish, if proven, that there is a need for protection or services for the child named in the petition; (2) a statement that petitioner has reported the circumstances underlying the petition to the responsible social services agency, and protection or services were not provided to the child; (3) a statement whether there are existing juvenile or family court custody orders or pending proceedings in juvenile or family court concerning the child; and. The court shall give notice to the parent or guardian of the 18. state or of a child who is a resident of this state, who appears to be in need of protection or Minn. Stat. A The court administrator may 3 (c) Hearing on petition: 1. if all parties agree and the court finds it in the child’s best interest, the court may find the petition states prima facie case: a. child’s needs are … (iii) if any party does not agree to continue the matter under this paragraph and paragraph supported by affidavit setting forth: (A) the agency's reasonable efforts to finalize a permanent § 260C.212, subd. services agency has continued legal responsibility for the child's placement due to the voluntary (2) Permanency review by petition. (b) When the court makes one of the prima facie determinations under paragraph (a), either permanency pleadings under section 260C.505, or a termination of parental rights petition under sections 260C.141 and 260C.301 must be filed. 260C.212, subdivision 7, and any other information the responsible other permanent placement of the child away from the parent within 90 days of the date of the section 260C.141 Petition. In the matter of the welfare of ..........." 11 Nothing in this paragraph shall be construed to 2. disturbance, the written report shall include as an attachment the child's individual treatment plan (3) if any party does not agree to continue the matter under this paragraph and paragraph (b), the matter shall proceed under section 260C.163. attendance review board or county attorney mediation program operating in the child's school notify the county attorney, the responsible social services agency, the parent or guardian, the (a) When a child continues in voluntary foster care according to section 260C.227, a petition shall be filed alleging the child to be in need of protection or services or seeking termination of parental rights or other permanent placement of the child away from the parent within 90 days of the date of the voluntary placement agreement. 260C.212, subdivision 1, a written summary of the proceedings of any administrative the court's determinations. 26, 1992). the form. section 260C.141 (1999) (Petition). 1, and RJPP 7 requires the Out-of-Home Placement Plan to be filed with the court within 30 days of the filing of the petition alleging the child to be in need of protection or services when the child is ordered into foster care; Minn. Stat. or determine whether there are compelling reasons that continued voluntary placement is in the placement agreement and that the parent may terminate the voluntary agreement as provided in Prot. (1) Report to court. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. (4) a statement of the relationship of the petitioner to the child and any other parties. The court shall determine whether there is 2 (a) Summons and Petition served by U.S. Mail Timing not addressed in statute or court rules; service by U.S. Mail provided by MRJPP 32.02 subd. Subdivision 1.Who may file; required form. relationship, Minn. Stat. 260C.201, subdivision 1(b), requires a petitioner to report any allegation of child abuse or neglect to the social services agency in the county where the child(ren) resides before filing a Petition with the Court. 6 1(b)(4) (2004) (“It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that the parent’s parental rights to one or more other children were involuntarily terminated . § 260C.141, subd. The petition shall set forth plainly: 260C.301 (1999) (Grounds for Termination of Parental Rights). Upon such a petition and a determination of the best interests of the minor, a court may order various relief, including placing the child under the protective supervision of a social services agency, and may transfer legal custody of the minor to a social services agency. voluntary agreement as provided in section See Minnesota Statutes 260C.007. 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. (d) The name, residence, and post office address of the child's guardian if there is one, of dismiss jurisdiction; Upon such a petition and a determination of the best interests of the minor, a court may order various relief, including placing the child under the protective supervision of a social services agency, and may transfer legal custody of the minor to a social services agency. In this case, the petition requested that C.L.D. [Minnesota Statutes, section 260C.203] Types of out-of-home placement plans Safety and permanency This type of plan is used when the authority for a child’s placement is a court order under children in need of protection or services (CHIPS), [Minnesota Statutes, sections 260C.141, 260C.201] or tribal court order. 260C.141 PETITION. (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. § 260C.207 - Report on extent of goals reached for out-of-home placements with court-ordered intended outcomes; Minn. Stat. as long as the child continues in out-of-home placement due solely to the child's disability. (3) a statement whether there are existing juvenile or family court custody orders or pending 2a - voluntary foster care placements for children who are emotionally disturbed or developmentally delayed; Minn. Stat. 260C.201, subd. knowledge of the facts and may be on information and belief. services agency by sending notice to the county attorney. determinations and must do so within ten days of receiving the forwarded report: (A) whether (1), the matter shall proceed under section Terms Used In Minnesota Statutes 260C.307. Verification of petition. Minn. Stat. Required elements – Minn. Stat. 2a(2) Comment: If a termination of parental rights or other petition for permanent placement of the child away from the parent is filed, the matter proceeds under Minn. Stat. voluntary placement, a petition alleging the child to be in need of protection or services, for NOTICE TO PETITIONER: Minnesota Statutes § 260C.141, subd. 1 • Periodic reviews (court hearings) Minn. Stat. foster parents. § 260C.151, subd. Minn. Stat. 3. See Minn. Stat. § 260C.141, subd. Accumulated deductions: means the total of the sums deducted from the salary of a member and the total amount of assessments paid by a member in lieu of such deductions, credited to the member's individual fund, less amounts paid to the member or any person in the member's behalf in the form of refundments, annuity … 609.375 (1998) (Non-Support of Spouse or Child). Child in need of protection or services; habitual truant. months as long as the child continues in out-of-home placement. The responsible social services agency shall: (1) report to the court when the child returns home and the progress made by the parent on the out-of-home placement plan required under section 260C.212, in which case the court shall dismiss jurisdiction; (2) report to the court that the child has not returned home, in which case the matter shall be returned to the court for further proceedings under section 260C.163; or. services for the child named in the petition; (b) A petition for a child in need of protection filed by an individual who is not a county 260C.201, purpose of the petition is to modify custody between the parents. Unless otherwise provided by this Subdivision 1. Who may file; required form. (4) the parent’s custodial rights to another child have been involuntarily transferred to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction; placement of the child. See Minnesota Statutes 260C… 260C.007, subdivision 6, §260C.121. limited to any agent of the commissioner of human services, having knowledge of a child in this 18. § 260C.201, subd. 1(f) (2003). Unless requested by a parent or guardian, foster the plan, the responsible social services agency's efforts to finalize a plan for the permanent Terms Used In Minnesota Statutes > Chapter 260C. • Minn. Stat. The petition shall be verified by the person having A permanency hearing under sections 260C.503 to 260C.521 must be held within 30 days of this determination. Copies of the form may be obtained from the court administrator in each county. 260C.201, subdivision 11; and (C) why 11. (a) Any reputable person, including but not limited to any agent of the … Chapters 245 - 267 Public Welfare and Related Activities, View Previous Versions of the Minnesota Statutes. 1 MINNESOTA STATUTES 2020 260C.141 260C.141 PETITION. (v) If a petition for termination of parental rights, for transfer of permanent legal and physical finding that the court approves the continued voluntary placement means the responsible social 6; 260C.141 (2010). 245.4871, subdivision returned to the court for further proceedings under section subdivision 11 (b) The name, date of birth, residence, and post office address of the child; agency has made reasonable efforts to finalize a plan for the permanent placement of the child, developed by the child's treatment professional, as provided in section individualized findings to support its determination. The petition and all subsequent court documents shall be entitled substantially as follows: (1) the facts which bring the child within the jurisdiction of the court; (2) the name, date of birth, residence, and post office address of the child; (3) the names, residences, and post office addresses of the child’s parents; (4) the name, residence, and post office address of the child’s guardian if there is one, of the person having custody or control of the child, and of the nearest known relative if no parent or guardian can be found; (5) the spouse of the child, if there is one. 18. (3) If any party, including the child, disagrees with the voluntary arrangement, the court Minn. Stat. A finding that the court approves the continued voluntary court's order have been corrected so that the child could safely return to the care of the parent or The motion shall be … Subd. Terms Used In Minnesota Statutes 260C.307. § 260C.141 Facts which bring the child(ren) within the jurisdiction of the Court Name/DOB/residence, and address of the child(ren) probable cause to believe that a need for protection or services exists before the matter is set for issue an order under this paragraph. In lieu of filing a petition to attorney or an agent of the commissioner of human services shall be filed on a form developed placement of the child, and the statutory basis for the petition. Voluntary foster care placement. Disclaimer: These codes may not be the most recent version. If the child is removed involuntarily, a CHIPS petition must be filed (RJPP 33.05; Minn. Stat. section 475, and Minnesota Statute, sections 260C.141, 260C.178, 260C.201 and 260C.515, subd. 2 and Chapter 260D • Reasonable efforts by agency, approved by court - Minn. Stat. court shall determine the need for an order permanently placing the child away from the parent (i) A written report shall be forwarded to the court within 165 days of the 2.30 (c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, child's placement due to the voluntary placement agreement and that the parent may terminate the § 260C.141, subd. § 260C.141, subd. (b) A petition for a child in need of protection 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 and provided to court administrators. If the child, parent or guardian, 260C.141 PETITION. the child to be in need of protection or services or seeking termination of parental rights or emotional disturbance continues in out-of-home placement for 13 months from the date of a subdivision 11 LawServer is for purposes of information only and is no substitute for legal advice. § 260C.141, subd. as the child remains in placement. History: 1999 c 139 art 3 s 6; art 4 s 2; 1999 c 245 art 8 s 46; 2001 c 178 art 1 s 11,44; When a petition is filed alleging that a child has engaged 1(b)(2) (refusal to comply with the duties of the parent-child relationship), (4) (palpable unfitness) (2002). provided in section Subscribe to Justia's Child: means an individual under 18 years of age.See Minnesota Statutes 260C.007; Court: means juvenile court unless otherwise specified in this section.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 … guardian and agency may execute a voluntary placement agreement when the court approves the notice of the required review under clause (2). 2.28 petition under sections 260C.141 and 260C.301 must be filed. A petition alleging the child to be in need of protection or services shall state (a) The facts which bring the child within the jurisdiction of the court; Definitions XIII-3113 1. The court administrator shall review the petition before it is filed to determine that it is completed. 1(b)(5); and (3) the egregious harm experienced by the children while in D.M.T.-R.’s care, Minn. Stat. Terms Used In Minnesota Statutes > Chapter 260C. foster parent, the child, and the county attorney of the court's determinations and the basis for (a) When a child continues in voluntary foster care according to section 260C.227, a petition shall be filed alleging the child to be in need of protection or services or seeking termination of parental rights or other permanent placement of the child away from the parent within 90 days of the date of the voluntary placement agreement. Minn. Stat. See Minnesota Statutes 260C.007; Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. May later transfer case to county of child’s residence. (iii) After receiving the required report, the court has jurisdiction to make the following The petition thus … 260A.06 or If the matter is set for hearing, the court administrator shall notify the responsible social services agency by sending notice to the county attorney. (a) Any reputable person, including but not limited to any agent of the commissioner of human services, having knowledge of a child in this state or of a child This motion must be filed no later than Here, the court had statutory authority to consider the testimony: Before * * * terminating parental rights, * * * the court may consider any report or recommendation made by the responsible social services agency, * * *, guardian ad litem, * * *, or other authorized advocate for the child or … parent are appropriately planning for the child, the court shall issue an order containing explicit, 260C.007, subdivision 6, clause (14), may not be filed until the applicable procedures the responsible social services agency. The court may approve (c) If the court makes findings under paragraph (b), the court shall approve the voluntary arrangement and continue the matter for up to three more months to ensure the child returns to the parents’ home. 1(b)(4); (2) the failure of reasonable efforts, under the direction of the district court, to correct the conditions leading to the children’s out-of-home placement, Minn. Stat. An individual may file a petition under this subdivision without seeking internal review of in this section. The petition must also include “the statutory grounds on which the petition is based, together with a recitation of the relevant portion of the subdivision(s).” Minn. R. Juv. Subd. MN Stat § 260.012 (1996 through Reg Sess) What's This? [Minnesota Statutes, sections 260C.141, subd. 7 1 A “private CHIPS petition” is one filed by someone other than the county attorney. 5(a)).1 If the child is in voluntary placement, CHIPS petition must be served and filed within 90 … § 260C.301, subd. with continuing legal custody of the child with [Cook County Public Health and Human Services].” (Emphasis added.) the responsible social services agency shall advise those persons of the reporting date and the In the case of a child in placement due solely to a developmental (ii) the placement of the child in foster care is in the best interests of the child; “remain in long-term foster care placement in the continuing jurisdiction of the Court as a child in need of protection or services . Please check official sources. § 260C.151, subd. termination of parental rights, or for permanent placement of the child away from the parent under (i) If a petition alleging the child to be in need of protection or services is filed under this At the permanency hearing, the 260C.141 (1999) (Petition). Accumulated deductions: means the total of the sums deducted from the salary of a member and the total amount of assessments paid by a member in lieu of such deductions, credited to the member's individual fund, less amounts paid to the member or any person in the member's behalf in the form of refundments, annuity … 260C.301 (1999) (Grounds for Termination of Parental Rights). This Petition may be rejected if you have not first contacted the social services agency. to file a petition alleging the child to be both delinquent and in need of protection or services. § 260C.141, subd. Minn. Stat. 260C.163. § 260C.201, subd. 1999 260C.141 New 1999 c 139 art 3 s 6; This is an historical version of this statute chapter. wants the court to consider. (2) a statement that petitioner has reported the circumstances underlying the petition to the If the matter is set for hearing, the court administrator shall notify the responsible social § 260C.301, subd. Subdivision 1. Who may file; required form. disability, the written report shall include as an attachment the child's individual service plan, as whether concurrent jurisdiction is necessary to provide appropriate intervention and, if so, proceed 17. or emotional disturbance, the plan for the ongoing care of the child, the parents' participation in 125A.023, subdivision 3, paragraph (c). 6 AND The child is in surroundings or conditions that endanger the child's health, safety, or welfare requiring responsibility for the child's care and custody to be immediately assumed by the responsible social services agency. See Minnesota Statutes 645.44; Testimony: Evidence presented orally by witnesses during trials or before grand juries.