Minn. Juve. Prot. P. 42.10

As amended through October 28, 2024

Rule 42.10 - Protective Care Review

Subd.1. Consent for Continued Protective Care. The court may, with the consent of the parties and the county attorney, order that the child continue in protective care even if the circumstances of the parent, legal custodian, or child have changed.

Subd. 2. Release from Protective Care on Consent of Parties and the County Attorney. The court may, with the consent of the parties and the county attorney, order that a child be released from protective care. If the child has no guardian ad litem, the court may not release the child from protective care without a court hearing.

Subd. 3. Formal Review.

(a)On Motion of Court. The court may on its own motion schedule a formal review hearing at any time.

(b)On Request of a Party or the County Attorney. A party or the county attorney may request a formal hearing concerning continued protective care by filing a motion with the court. The court shall schedule a hearing and provide notice pursuant to Rule 44 if the motion states:

(1) that the moving party has new evidence concerning whether the child should be continued in protective care; or

(2) that the party has an alternative arrangement to provide for the safety and protection of the child.

(c)Evidence. The court may admit any evidence, including reliable hearsay and opinion evidence, which is relevant to the decision whether to continue protective care of the child or return the child home. Privileged communications may be admitted if authorized by Minn. Stat. § 260E.04.

(d)Findings and Order. At the conclusion of the formal review hearing the court shall:

(1) return the child to the care of the parent or legal custodian with or without reasonable conditions of release if the court does not make findings pursuant to subdivision 3(d)(2);

(2) continue the child in protective care or release the child with conditions to assure the safety of the child or others if the court finds that the petition states a prima facie case to believe that a child protection matter exists and that the child is the subject of that matter, and (a) 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 (b) 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; or (3) modify the conditions of release.

Minn. Juve. Prot. P. 42.10

Amended 9/1/2019; amended effective 1/1/2024.