Rule 42.08 - Protection Care DeterminationsSubd.1. Initial Determinations.At the emergency protective care hearing, the court shall make the following determinations:
(a)Prima Facie Showing. The court shall dismiss the petition if it finds that the petition fails to establish a prima facie showing that a juvenile protection matter exists and that the child is the subject of that matter. (b)Endangerment.(1)Findings. If the court finds that the petition establishes a prima facie showing that a juvenile protection matter exists and that the child is the subject of that matter, the court shall then determine whether the petition also makes a prima facie showing that:(i) the child or others would be immediately endangered by the child's actions if the child were released to the care of the parent or legal custodian; or (ii) the child's health, safety, or welfare would be immediately endangered if the child were released to the care of the parent or legal custodian.(2)Determination. If the court finds that endangerment exists pursuant to this subdivision, the court shall continue protective care or release the child to the child's parent or legal custodian and impose conditions to ensure the safety of the child or others. If the court finds that endangerment does not exist, the court shall release the child to the child's parent or legal custodian subject to reasonable conditions of release.(3)Continued Custody by Parent Contrary to Welfare of Child. The court may not order or continue the foster care placement of the child except as permitted by Minn. Stat. § 260C.178, subd. 1(f).(c)Reasonable or Active Efforts. Based upon the information provided to the court, the court shall make a determination whether reasonable efforts, or active efforts in the case of an Indian child pursuant to Rule 28.07, subd. 1, were made to prevent the child's out-of-home placement. The court shall also determine whether there are available services that would prevent the need for further placement. In the alternative, the court shall determine that reasonable efforts are not required if the court makes a prima facie determination that one of the circumstances under subdivision 1(d) exists.(d)Placement of Child. In making a determination of the initial placement of the child, except in cases described in Rule 42.08, subd. 1(e), or when the parental rights of the parent to a sibling of the child have been terminated involuntarily, or the child is presumed to be an abandoned infant under Minn. Stat. § 260C.301, subd. 2, at the emergency protective care hearing the court shall require the petitioner to present information regarding the following issues:(1) whether there are services the court could order that would allow the child to safely return home;(2) whether responsible relatives of the child, or other responsible adults who are licensed to provide foster care for a child, are available to provide services or to serve as placement options;(3) whether the placement proposed by the agency is the least restrictive and most home-like setting that meets the needs of the child;(4) whether restraining orders, or orders expelling an allegedly abusive parent or legal custodian from the home, are appropriate;(5) whether orders are needed for examinations, evaluations, or immediate services;(6) the terms and conditions for parental visitation; and(7) what consideration has been given for financial support of the child.(e)Cases Permitting Bypass of Child in Need of Protection or Services Proceedings.(1)Permanency Determination. Reasonable efforts to prevent placement and for rehabilitation and reunification are always required except upon notice by the county attorney and a determination by the court at the emergency protective care hearing, or at any time prior to adjudication, that a petition has been filed stating a prima facie case that at least one of the circumstances under Minn. Stat. § 260.012(a) exists.(2)Permanency Hearing Required. If the court makes a determination under subdivision 3(a), the court shall bypass the child in need of protection or services proceeding and shall proceed directly to permanency pursuant to Rules 52-59. Subd. 2. Indian Child Determination. The court shall determine whether the child is an Indian child through review of the petition and other documents and an on-the-record inquiry as required by Rule 29.01. If the court is unable to determine whether the child is an Indian child, the court shall direct the petitioner to make further inquiry and provide to the court and parties additional information regarding whether the child is an Indian child. If the court determines the child is an Indian child, the court shall apply Rules 28-31 and the requirements of the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.Subd. 3. Emergency Removal and Placement Authority for Indian Child Ward, Resident, or Domiciliary. In proceedings where an Indian child resides or is domiciled on an Indian reservation, or is a ward of tribal court, the court shall proceed pursuant to Rule 28.07, subd. 2.Minn. Juve. Prot. P. 42.08