1 JUVENILE COURT PROTECTION CASES: THE PLAYERS POVERTY LAW Irene M. Opsahl

2 Parties and Participants Parties and Participants Rules 21 and 22 of the Rules of Juvenile Protection Procedure

3 Rules - Parties  Parties – generally  Child’s legal custodian  Child’s guardian ad litem  In the case of an Indian child, the child’s parents, Indian custodian and Indian tribe  Petitioner  Any person who intervenes as a party  Any person who is joined as a party  Any other person who is deemed by the court to be important to a resolution that is in the best interests of the child

4 Rules - Parties  Truant, runaway, sexually exploited youth  child is a party regardless of age.  Truancy –  School district may be joined  Termination of Parental Rights (TPR) and Other Permanent Placement Matters  Child’s parents...  Any person entitled to notice of adoption  Proposed legal custodian (relative/kin)  Any other person deemed by the court to be important...

5 Rules – Participants (unless already a party) Rules – Participants (unless already a party)  Child  Any parent who is not a legal custodian and any alleged, adjudicated, or presumed father  Responsible social services agency... when it is not the petitioner  Guardian ad litem for the child’s legal custodian  Grandparents with whom the child has lived within the two years preceding the filing of the petition

6 More Participants More Participants  Relatives or other persons providing care for the child  Other relatives who request notice  Current foster parents and persons proposed as long-term foster care parents  Spouse of the child  Any other person deemed important...

7 Rules - Rights of Parties Rules - Rights of Parties  Notice  Legal representation  Be present at all hearings (unless excluded)  Conduct discovery  Bring motions  Participate in settlement agreements  Subpoena witnesses

8 More Rights of Parties More Rights of Parties  Make argument in support of or against the petition  Present evidence  Cross-examine witnesses  Request review of orders and disposition  Bring post trial motions  Appeal  Any other rights set forth in statute or rule

9 Rules Rights of Participants - limited to  Notice and a copy of the petition  Attend hearings  Offer information at the discretion of the court EXCEPT, foster parents, pre-adoptive parent, relative providing care, or relative recommended for transfer of legal and physical custody have a right to be heard. EXCEPT, foster parents, pre-adoptive parent, relative providing care, or relative recommended for transfer of legal and physical custody have a right to be heard.

10 Rules - Ways to BECOME a party – Intervene – Rule 23  Intervention of Right (Right to Intervene)  Child  Grandparents if the child has lived with the grandparent within the two years preceding the filing of the petition  Parent who is not a legal custodian  Social services agency, in cases where it is not the petitioner

11 Rules - Ways to BECOME a party – Intervene Rules - Ways to BECOME a party – Intervene Permissive Intervention Permissive Intervention Any person, if the court finds that such intervention is in the best interests of the child

12 Rules - Ways to BECOME a party – Joinder – Rule 24  Joinder  Motion by court or party or county attorney  Joinder if court finds Necessary for a just and complete resolution of the matter, AND In the best interests of the child

13 Parent Parent Minn. Stat.§260C.007, Subd. 25

14 Petitioner  The person who brings the matter before the court  Usually the county  May be a “private” petitioner

Rule 26: Guardian ad Litem Court appointed Advocates for best interests of the child Governed by the Rules of GAL Procedure in Juvenile and Family Court Shall request appointment of counsel for child if the necessary to protect child’s rights Shall inform court if child’s wishes differ from GAL recommendation Child’s lawyer shall not act as child’s GAL 15

16 Other Professionals involved in the process Lawyers Rule 25 County Attorney Represents the agency AND the public interest Lawyers for parents and children Lawyer for the Guardian ad Litem

Counsel at Public Expense Minn. Stat. §260C.163, Subd. 3.  If the child, parent, guardian, or custodian desires counsel but can’t afford it  The court shall appoint counsel to represent the child who is ten years of age or older under section , clause (4), or the parent, guardian, or custodian in any case in which it feels that such an appointment is appropriate

18 Truancy  If sole basis of proceeding is truancy  No right to appointment of counsel at public expense  EXCEPT court must appoint counsel before any out of home placement may be ordered.

19 Fact finding  Burden of Proof  Clear and convincing  Paramount consideration  “the health, safety, and best interests of the child.”  “the health, safety, and best interests of the child.”