Party And Participant Status {CHP-103}

PARTY AND PARTICIPANT STATUS Rule 33.02, subds. 1(h) and (g), of the Rules of Juvenile Protection Procedure (RJPP) provides that it is the responsibility of the petitioner to set forth in the petition the names and addresses of all parties and participants known to the petitioner after reasonable inquiry, and to specify whether each such person has party or participant status. It is the petitioner's obligation to update and provide such information to the parties, participants, attorneys, and court when it becomes known. Court administration staff require this information in order to determine whether the person should be served a Summons and Petition as a party, or a Notice of Hearing and Petition as a participant, and whether the person is to receive copies of any orders which are required to be served only upon parties (unless the court otherwise directs). Although their party/participant status may change from case to case, following is the party/participant status specified in the RJPP along with their rights. PERSON CHIPS MATTERS (Abuse, Neglect, Truancy, Runaway) Attorneys are neither parties nor participants but, instead, they represent parties or participants and, as such, must be served notice of hearings and copies of orders Party RJPP 21.01, subd. 1(d) Party (if the agency is the petitioner) RJPP 21.01, subd. 1(d) Participant (if someone else is petitioner; usually joined as a party if the court adjudicates child as CHIPS) RJPP 22.01(c) Party RJPP 21.01, subd. 1(a) Participant RJPP 22.01(d) Party RJPP 21.01, subd. 1(b) Participant RJPP 22.01(b) Participant RJPP 22.01(b) Party RJPP 21.01, subd. 1(b) Participant RJPP 22.01(a) Party (only if child is alleged truant, runaway, child prostitute or delinquent under age 10) RJPP 21.01, subd. 2 Participant RJPP 22.01(h) Party RJPP 21.01, subd. 1(c) www.mncourts.gov/forms PERMANENCY MATTERS (TPR, TLC, LTFC) Attorneys are neither parties nor participants but, instead, they represent parties or participants and, as such, must be served notice of hearings and copies of orders Party RJPP 21.01, subd. 1(d) Party (if the agency is the petitioner) RJPP 21.01, subd. 1(d) Participant (if someone else is petitioner) RJPP 22.01(c) Attorneys: Count attorney and attorneys for other parties and participants Petitioner (either social services agency or someone other than social services agency) Social services agency GAL for child GAL for minor or incompetent parent or legal custodian Parent who is legal and physical custodian (including presumed or adjudicated father) Parent who is non-legal and non-physical custodian (including presumed or adjudicated father) Parent who is an alleged father Legal custodian (if no parent) Child (regardless of age) Party RJPP 21.01, subd. 1(a) Participant RJPP 22.01(d) Party RJPP 21.01, subd. 3(a) Party RJPP 21.01, subd. 3(a) Neither party nor participant RJPP 21.01, subd. 3(a) Party RJPP 21.01, subd. 1(b) Participant RJPP 22.01(a) Child's spouse Indian child's tribe through tribal representative (e.g. tribal social worker) CHP103 State ENG Rev 1/09 Participant RJPP 22.01(h) Party RJPP 21.01, subd. 1(c) Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com PERSON Indian child's Indian Custodian (in lieu of parent) Foster parent Person proposed as long term foster care parent Person proposed as adoptive parent Grandparent with whom child resided within two years preceding filing of petition Relative or other person providing care for the child who request notice Person entitled to notice of any adoption proceeding involving the child School if truancy is alleged CHIPS MATTERS (Abuse, Neglect, Truancy, Runaway) Party RJPP 21.01, subd. 1(c) Participant RJPP 22.01(g) Participant RJPP 22.01(g) Participant RJPP 22.01(g) Participant RJPP 22.01(e) Participant RJPP 22.01(f) Neither party nor participant Party (if petition alleges child is an habitual truant) RJPP 21.01, subd. 2 Party RJPP 21.01, subd. 1(e) Party RJPP 21.01, subd. 1(f) Party RJPP 21.01, subd. 1(g) PERMANENCY MATTERS (TPR, TLC, LTFC) Party RJPP 21.01, subd. 1(c) Participant RJPP 22.01(g) Participant RJPP 22.01(g) Participant RJPP 22.01(g) Participant RJPP 22.01(e) Participant RJPP 22.01(f) Party RJPP 21.01, subd. 3 Neither party nor participant (unless the court issues order making them party or participant) Party RJPP 21.01, subd. 1(e) Party RJPP 21.01, subd. 1(f) Party RJPP 21.01, subd. 3(c) Person who intervenes as a party Person who is joined as a party Person who is deemed by the court to be important to resolution of the case Rule 21.02. Rights of Parties. A party shall have the right to: (a) notice of the proceeding and pending hearings pursuant to Rule 32; (b) legal representation pursuant to Rule 25; (c) be present at all hearings unless excluded pursuant to Rule 27; (d) conduct discovery pursuant to Rule 17; (e) bring motions before the court pursuant to Rule 15; (f) participate in settlement agreements pursuant to Rule 19; (g) subpoena witnesses pursuant to Rule 13; (h) make argument in support of or against the petition; (i) present evidence; (j) cross-examine witnesses; (k) request review of the referee's findings and recommended order pursuant to Rule 7; (l) request review of the court's disposition upon a showing of a substantial change of circumstances or that the previous disposition was inappropriate; (m) bring post-trial motions pursuant to Rule 45; (n) appeal from orders of the court pursuant to Rule 47; and (o) any other rights as set forth in statute or these rules. Rule 22.02. Rights of Participants. Subd. 1. Generally. Unless a participant intervenes as a party pursuant to Rule 23, or is joined as a party pursuant to Rule 24, the rights of a participant shall be limited to: (a) notice and a copy of the petition pursuant to Rule 32; (b) attending hearings pursuant to Rule 27; and (c) offering information at the discretion of the court, except as provided in subdivision 2. Subd. 2. Foster Parents, Pre-Adoptive Parents, and Relatives Providing Care. Notwithstanding subdivision 1, any foster parent, pre-adoptive parent, relative providing care for the child, or relative to whom the responsible social services agency recommends transfer of permanent legal and physical custody of the child shall have a right to be heard in any hearing regarding the child. Any other relative may request an opportunity to be heard. This subdivision does not require that a foster parent, pre-adoptive parent, or relative providing care for the child