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Legal Memorandum: Intervention in a Juvenile Protection Matter

Issue: May a foster mother intervene in a Minnesota Juvenile Court proceeding?

Area of Law: Family Law
Keywords: Juvenile protection matters; Intervention; Foster mother
Jurisdiction: Minnesota
Cited Cases: 486 N.W.2d 375; 481 N.W.2d 861; 501 N.W.2d 667
Cited Statutes: Minnesota Statutes § 260C.007, subd. 6, § 260C.007, subd. 24, § 260C.141, subd. 2, § 260C.212, § 260C.301 – § 260C.328, § 260C.201, subd. 11, § 260.015, subd. 14; Minn. R. Juv. Prot. P. 2.02(k); Minn. R. Juv. Prot. P. 22.01(g), R. 21.01, subd. 1, R. 21.02(c), (e), (i), (j), R. 23, R. 23.03, R. 24, R. 27, R. 32
Date: 05/01/2008

The Rules of Juvenile Protection Procedure apply to all “juvenile protection matters,” which are defined to include:

(1) child in need of protection or services matters as defined in Minnesota Statutes § 260C.007, subd. 6, including habitual truant and runaway matters;

(2) neglected and in foster care matters as defined in Minnesota Statutes § 260C.007, subd. 24;

(3) review of foster care matters as defined in Minnesota Statutes § 260C.141, subd. 2;

(4) review of out-of-home placement matters as defined in Minnesota Statutes § 260C.212;

(5) termination of parental rights matters as defined in Minnesota Statutes § 260C.301 to § 260C.328; and

(6) permanent placement matters as defined in Minnesota Statutes § 260C.201, subd. 11, including transfer of permanent legal and physical custody to a relative matters and long-term foster care matters.

Minn. R. Juv. Prot. P. 2.02(k).  Accordingly, these proceedings are subject to the Rules of Juvenile Protection Procedure.  

According to these rules, the parties to a juvenile protection matter include:

(a)        the child’s guardian ad litem;

(b)        the child’s legal custodian;

. . . .

(d)       the petitioner;

(e)        any person who intervenes as a party pursuant to Rule 23;

(f)        any person who is joined as a party pursuant to Rule 24; and

(g)        any other person who is deemed by the court to be important to a resolution that is in the best interests of the child.

Id. at R. 21.01, subd. 1.  All parties have […]

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