257D.01 DEFINITIONS. Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this section have the meanings given. Subd. 2. Abandonment. “Abandonment” means the parent’s failure to maintain contact with an at-risk juvenile on a regular basis or to demonstrate consistent interest in an at-risk juvenile’s well-being beginning at least six months […]
257D.02 GUARDIANSHIP; PURPOSE. The purpose of the guardianship under this chapter is to provide an at-risk juvenile with guidance, assistance, financial and emotional support, and referrals to resources necessary to either or both: (1) meet the at-risk juvenile’s needs, which include but are not limited to shelter, nutrition, and access to and receipt of psychiatric, […]
257D.03 JURISDICTION; PETITION. Subdivision 1. Jurisdiction. The juvenile court has exclusive jurisdiction over all petitions for guardianship brought under this chapter. Subd. 2. Petition. An at-risk juvenile may petition the juvenile court for the appointment of a guardian. The petition must state the name of the proposed guardian and allege that: (1) the appointment of […]
257D.04 RIGHT TO COUNSEL. The at-risk juvenile petitioning for a guardianship and the proposed guardian named in the petition each have the right to be represented by counsel of the at-risk juvenile’s or guardian’s choosing and at the at-risk juvenile’s or guardian’s own expense. History: 2022 c 45 s 4
257D.05 SERVICE. The proposed guardian and, if an appointment of a new guardian is sought, the existing guardian for the at-risk juvenile previously appointed under this chapter are entitled to service in the manner specified in the Minnesota Rules of Juvenile Protection Procedure. History: 2022 c 45 s 5
257D.06 NOTICE TO PARENTS. The petitioner must provide a copy of the petition to any living parent in any manner and format reasonably calculated to give the parent adequate notice at least 14 days prior to the hearing under section 257D.07. Prior to or at the hearing, the petitioner must file proof that the copy […]
257D.07 PROCEEDING. Subdivision 1. Timing; venue. The court shall hear and issue an order on any petition as soon as administratively feasible and prior to the at-risk juvenile reaching 21 years of age. Venue must be in the county where the at-risk juvenile or the proposed guardian resides. Subd. 2. Rights of at-risk juvenile. Nothing […]
257D.08 ORDER. Subdivision 1. Issuance. The court must issue an order awarding a guardianship for the purposes identified in section 257D.02 if the court finds that: (1) the proposed guardian is capable and reputable; (2) the guardianship is in the best interests of the at-risk juvenile; (3) both the petitioner and the proposed guardian agree […]
257D.09 APPOINTMENT OF A NEW GUARDIAN. At any time after the approval of a guardian under section 257D.08, an at-risk juvenile or the currently appointed at-risk juvenile’s guardian may petition the juvenile court for appointment of a new guardian. The petition must state the name of the proposed new guardian and set forth the facts […]
257D.10 AUTOMATIC TERMINATION OF GUARDIANSHIP. A guardianship awarded under this chapter terminates when the at-risk juvenile attains the age of 21. The juvenile court’s jurisdiction continues until termination of the guardianship. History: 2022 c 45 s 10
257D.11 VOLUNTARY TERMINATION OF GUARDIANSHIP. The at-risk juvenile may request the termination of the guardianship at any time and, upon request, the juvenile court shall terminate the guardianship. History: 2022 c 45 s 11
257D.12 RELATION TO OTHER GUARDIANSHIP LAW. The provisions of sections 260C.325, 260C.328, and 524.5-101 to 524.5-317 do not apply to petitions for the appointment of a guardianship for an at-risk juvenile under this chapter. History: 2022 c 45 s 12
