Advisory

Rules of Juvenile Court

Rule: 42.05

Jurisdiction: MN

Bluebook Citation: Minn. R. Juv. P. 42.05

At the beginning of the emergency protective care hearing the court shall on the record advise all parties and participants present of: (a) the reasons why the child was taken into emergency protective care; (b) the substance of the statutory grounds and supporting factual allegations set forth in the petition; (c) the purpose and scope of the hearing; (d) the possible consequences of the proceedings; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 256 MINNESOTA COURT RULES (e) the right of the parties and participants to legal representation, including the right of the child, the child's parent or legal custodian, and the child's Indian custodian to court-appointed counsel pursuant to Rule 36; (f) the right of the parties to present evidence and to cross-examine witnesses regarding whether the child should return home with or without conditions or whether the child should be placed in protective care; and (g) that failure to appear at future hearings could result in a finding that the petition has been proved, issuance of an order adjudicating the child in need of protection or services, and an order transferring permanent legal and physical custody of the child to another.

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