Minn. R. Juv. P. 18.04

As amended through October 28, 2024
Rule 18.04 - Certification Study

Subdivision 1. Order. The court on its own motion or on the motion of the child's counsel or the prosecuting attorney, may order social, psychiatric, or psychological studies concerning the child who is the subject of the certification proceeding.

Subd. 2. Content of Reports. If the person preparing the report includes a recommendation on the court's actions:

(a) the report shall address each of the public safety considerations of Rule 18.06, subdivision 3; and
(b) the report shall address all options of the trial court under Rule 18.07, namely:
(i) certification;
(ii) retention of jurisdiction for extended jurisdiction juvenile proceedings; and
(iii) retention of juvenile court jurisdiction in non-presumptive certification cases.

Subd. 3. Costs. Preparation costs and court appearance expenses for person(s) appointed by the court to conduct studies shall be paid at public expense.

Subd. 4. Filing and Access to Reports. The person(s) making a study shall file a written report with the court and provide copies to the prosecuting attorney and the child's counsel four (4) days, excluding Saturdays, Sundays, and legal holidays, prior to the time scheduled for the hearing. The report shall not be disclosed to the public except by court order.

Subd. 5. Admissibility. Any matters disclosed by the child to the examiner during the course of the study may not be used as evidence or the source of evidence against the child in any subsequent trial.

Minn. R. Juv. P. 18.04

Amended April 22, 2015, effective 7/1/2015.