11

JUVENILE COURT JUVENILE COURT PROTECTION CASES: PROTECTION CASES:

THE PLAYERSTHE PLAYERS

POVERTY LAWPOVERTY LAW

Irene M. OpsahlIrene M. Opsahl

22

Parties and ParticipantsParties and Participants

Rules 21 and 22 of the Rules of Juvenile Rules 21 and 22 of the Rules of Juvenile Protection ProcedureProtection Procedure

33

RulesRules - Parties - Parties Parties – generallyParties – generally

Child’s legal custodianChild’s legal custodian Child’s guardian ad litemChild’s guardian ad litem In the case of an Indian child, the child’s In the case of an Indian child, the child’s

parents, Indian custodian and Indian tribeparents, Indian custodian and Indian tribe PetitionerPetitioner Any person who intervenes as a partyAny person who intervenes as a party Any person who is joined as a partyAny person who is joined as a party Any other person who is deemed by the court to Any other person who is deemed by the court to

be important to a resolution that is in the best be important to a resolution that is in the best interests of the childinterests of the child

44

RulesRules - Parties - Parties

Truant, runaway, sexually exploited youthTruant, runaway, sexually exploited youth child is a party regardless of age.child is a party regardless of age.

Truancy –Truancy – School district may be joinedSchool district may be joined

Termination of Parental Rights (TPR) and Termination of Parental Rights (TPR) and Other Permanent Placement MattersOther Permanent Placement Matters Child’s parents . . . Child’s parents . . . Any person entitled to notice of adoptionAny person entitled to notice of adoption Proposed legal custodian (relative/kin)Proposed legal custodian (relative/kin) Any other person deemed by the court to be Any other person deemed by the court to be

important . . .important . . .

55

RulesRules – Participants (unless – Participants (unless already a party)already a party)

ChildChild Any parent who is not a legal custodian and any Any parent who is not a legal custodian and any

alleged, adjudicated, or presumed fatheralleged, adjudicated, or presumed father Responsible social services agency . . . when it Responsible social services agency . . . when it

is not the petitioneris not the petitioner Guardian ad litem for the child’s legal custodianGuardian ad litem for the child’s legal custodian Grandparents with whom the child has lived Grandparents with whom the child has lived

within the two years preceding the filing of the within the two years preceding the filing of the petitionpetition

66

More ParticipantsMore Participants

Relatives or other persons providing care for Relatives or other persons providing care for the childthe child

Other relatives who request noticeOther relatives who request notice Current foster parents and persons proposed Current foster parents and persons proposed

as long-term foster care parentsas long-term foster care parents Spouse of the childSpouse of the child Any other person deemed important . . . Any other person deemed important . . .

77

RulesRules - Rights of Parties - Rights of Parties

NoticeNotice Legal representationLegal representation Be present at all hearings (unless Be present at all hearings (unless

excluded)excluded) Conduct discoveryConduct discovery Bring motionsBring motions Participate in settlement agreementsParticipate in settlement agreements Subpoena witnessesSubpoena witnesses

88

More Rights of PartiesMore Rights of Parties

Make argument in support of or against Make argument in support of or against the petitionthe petition

Present evidencePresent evidence Cross-examine witnessesCross-examine witnesses Request review of orders and dispositionRequest review of orders and disposition Bring post trial motionsBring post trial motions AppealAppeal Any other rights set forth in statute or ruleAny other rights set forth in statute or rule

99

RulesRules Rights of Participants - Rights of Participants - limited tolimited to

Notice and a copy of the petitionNotice and a copy of the petition Attend hearingsAttend hearings Offer information at the discretion of the Offer information at the discretion of the

courtcourt

EXCEPT, foster parents, pre-adoptive EXCEPT, foster parents, pre-adoptive parent, relative providing care, or relative parent, relative providing care, or relative recommended for transfer of legal and recommended for transfer of legal and physical custody have a right to be heard.physical custody have a right to be heard.

1010

RulesRules - Ways to BECOME a party - Ways to BECOME a party – Intervene – Rule 23– Intervene – Rule 23

Intervention of Right (Right to Intervene)Intervention of Right (Right to Intervene) ChildChild Grandparents if the child has lived with the Grandparents if the child has lived with the

grandparent within the two years preceding grandparent within the two years preceding the filing of the petitionthe filing of the petition

Parent who is not a legal custodianParent who is not a legal custodian Social services agency, in cases where it is Social services agency, in cases where it is

not the petitionernot the petitioner

1111

Rules Rules -- Ways to BECOME a Ways to BECOME a party – Interveneparty – Intervene

Permissive InterventionPermissive InterventionAny person, if the court finds that such Any person, if the court finds that such

intervention is in the best interests of the childintervention is in the best interests of the child

1212

RulesRules - Ways to BECOME a party - Ways to BECOME a party – Joinder – Rule 24– Joinder – Rule 24

JoinderJoinder Motion by court or party or county attorneyMotion by court or party or county attorney Joinder if court findsJoinder if court finds

Necessary for a just and complete resolution of the Necessary for a just and complete resolution of the matter, ANDmatter, AND

In the best interests of the childIn the best interests of the child

1313

ParentParent

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

1414

PetitionerPetitioner

The person who brings the matter before The person who brings the matter before the courtthe court

Usually the countyUsually the county May be a “private” petitionerMay be a “private” petitioner

Rule 26: Guardian ad LitemRule 26: Guardian ad Litem

Court appointedCourt appointed

Advocates for best interests of the childAdvocates for best interests of the child

Governed by the Rules of GAL Procedure in Governed by the Rules of GAL Procedure in Juvenile and Family CourtJuvenile and Family Court

Shall request appointment of counsel for Shall request appointment of counsel for child if the necessary to protect child’s child if the necessary to protect child’s rightsrights

Shall inform court if child’s wishes differ from Shall inform court if child’s wishes differ from GAL recommendationGAL recommendation

Child’s lawyer shall not act as child’s GALChild’s lawyer shall not act as child’s GAL 1515

1616

Other Professionals involved in the Other Professionals involved in the processprocess

LawyersLawyersRule 25Rule 25

County AttorneyCounty Attorney

Represents the agency AND the public interestRepresents the agency AND the public interest

Lawyers for parents and childrenLawyers for parents and children

Lawyer for the Guardian ad LitemLawyer for the Guardian ad Litem

Counsel at Public Expense Counsel at Public Expense Minn. Stat. §260C.163, Subd. 3.Minn. Stat. §260C.163, Subd. 3.

If the child, parent, guardian, or custodian If the child, parent, guardian, or custodian desires counsel but can’t afford itdesires counsel but can’t afford it

The court shall appoint counsel to represent The court shall appoint counsel to represent the child who is ten years of age or older under the child who is ten years of age or older under section section 611.14, clause (4), or the parent, guardian, or custodian in any case in which it feels that such an appointment is appropriate

1717

1818

TruancyTruancy

If sole basis of proceeding is truancyIf sole basis of proceeding is truancy No right to appointment of counsel at public No right to appointment of counsel at public

expenseexpense EXCEPT court must appoint counsel before any EXCEPT court must appoint counsel before any

out of home placement may be ordered.out of home placement may be ordered.

1919

Fact findingFact finding

Burden of ProofBurden of Proof Clear and convincingClear and convincing

Paramount considerationParamount consideration ““the health, safety, and best interests of the the health, safety, and best interests of the

child.”child.”