Minn. Juve. Prot. P. 53.02

As amended through October 28, 2024
Rule 53.02 - Summons

A summons shall be issued by the court ordering the initial appearance in court of the person(s) to whom it is directed.

Subd.1. Upon Whom Served; Method; Cost.
(a)Generally. The court shall serve a summons and petition upon each party identified in Rule 32; the child's parents, except alleged fathers who shall be served a notice pursuant to Rule 44.03; and any other person whose presence the court deems necessary to a determination concerning the best interests of the child. Additionally, the court shall serve the summons and petition upon the county attorney, any guardian ad litem for the child's parent or legal guardian, and any attorney representing a party in an ongoing child in need of protection or services matter involving the subject child. A summons shall not be served upon a putative father, as defined in Minn. Stat. § 259.21, subd. 12, who has failed to timely register with the Minnesota Fathers' Adoption Registry under Minn. Stat. § 259.52, unless that individual also meets the requirements of Minn. Stat. § 257.55 or is required to be given notice under Minn. Stat. § 259.49, subd. 1. The cost of service of a summons and petition filed by someone other than a non-profit or public agency shall be paid by the petitioner.
(b)Methods of Service. Unless the court orders service by publication pursuant to Rule 16.02, subd. 3, the summons and petition shall be personally served upon the child's parents or legal guardian. Service of the summons and petition upon other parties and attorneys shall be made through the E-Filing System or by personal service, U.S. mail, e-mail, or other electronic means agreed upon in writing by the person to be served, or as otherwise directed by the court. Alleged parents and participants shall be served a notice of hearing and petition pursuant to Rule 44.03.
Subd. 2. Content. A summons shall contain or have attached:
(a) a copy of the petition, supporting documents, and ex parte order for emergency protective care, if any; however, these documents shall not be contained in or attached to the summons if the court has authorized service of the summons by publication pursuant to Rule 44.02, subd. 3(a);
(b) a statement of the time and place for the hearing;
(c) a statement describing the purpose of the hearing;
(d) a statement explaining the right to representation pursuant to Rule 36;
(e) for a permanency matter other than a termination of parental rights matter, a statement that failure to appear may result in:
(1) permanent out-of-home placement of the child pursuant to a permanency petition;
(2) permanent transfer of the child's legal and physical custody to a relative;
(3) a finding that the statutory grounds set forth in the petition have been proved; and
(4) an order granting the relief requested;
(f) for a termination of parental rights matter, a statement that failure to appear may result in:
(1) the parent's parental rights being permanently severed pursuant to a termination of parental rights petition;
(2) permanent transfer of the child's legal and physical custody to a relative;
(3) a finding that the statutory grounds set forth in the petition have been proved; and
(4) an order granting the relief requested; and
(g) a statement pursuant to Rule 18.01 that:
(1) if the person summoned fails to appear, the court may conduct the hearing in the person's absence; and
(2) the hearing may result in termination of the person's parental rights.
Subd. 3. Timing of Service of Summons and Petition. In any permanency or termination of parental rights matter, the summons and petition shall be served upon all parties in a manner that will allow for completion of service at least 10 days prior to the date set for the admit/deny hearing. In cases where publication of a summons is ordered, published notice shall be made pursuant to Rule 16.02, subd. 3 at least once per week for three weeks with the last publication at least 10 days before the date of the hearing. Notice sent by certified mail to the last known address shall be mailed at least 20 days before the date of the hearing.
Subd. 4. Waiver. Service is waived by voluntary appearance in court or by a written waiver of service filed with the court. Pursuant to Minn. Stat. § 260C.307, subd. 3, in a termination of parental rights matter a waiver by a parent who is a minor or is incompetent is only effective if the parent's guardian ad litem concurs in writing.
Subd. 5. Failure to Appear. If any person personally served with a summons or subpoena fails, without reasonable cause, to appear or bring the child if ordered to do so, or if the court has reason to believe the person is avoiding personal service, the court may sua sponte or upon the motion of a party or the county attorney proceed against the person for civil contempt of court pursuant to Rule 13 or the court may issue a warrant for the person's arrest, or both.

When it appears to the court that service will be ineffectual, or that the welfare of the child requires that the child be immediately brought into the custody of the court, the court may issue a warrant for immediate custody of the child.

Minn. Juve. Prot. P. 53.02

Amended 9/1/2019.