Minn. Juve. Prot. P. 45.02

As amended through October 28, 2024
Rule 45.02 - Content
Subd.1. Generally. Every petition filed with the court in a juvenile protection matter, or an affidavit accompanying the petition, shall be verified by a person having knowledge of the facts, and may be verified on information and belief. The petition or accompanying affidavit shall contain:
(a) a statement of facts that, if proven, would support the relief requested in the petition;
(b) the child's name, date of birth, race, gender, current address unless stating the address would endanger the child or seriously risk disruption of the current placement, and, if the child is believed to be an Indian child, the name of the child's tribe;
(c) the names, races, dates of birth, residences, and mailing addresses of the child's parents when known;
(d) the name, residence, and mailing address of the child's legal custodian, the person having custody or control of the child, the nearest known relative if no parent or legal custodian can be found, and, if the child is believed to be an Indian child, the name and mailing address of the child's Indian custodian, if any, and the Indian custodian's tribal affiliation;
(e) the name, residence, and mailing address of the child's spouse, if any;
(f) the statutory grounds upon which the petition is based, together with a recitation of the relevant portions of the subdivision(s);
(g) a statement regarding the applicability of the Indian Child Welfare Act;
(h) the names and addresses of the parties identified in Rule 32, as well as a statement designating them as parties;
(i) the names and address of the participants identified in Rule 33, as well as a statement designating them as participants;
(j) if the child is believed to be an Indian child, a statement regarding;
(1) the specific actions that have been taken to prevent the child's removal from, and to safely return the child to, the custody of the parents or Indian custodian;
(2) whether the residence of the child is believed to be on an Indian reservation and, if so, the name of the reservation;
(3) whether the child is a ward of a tribal court and, if so, the name of the tribe; and
(4) whether the child's tribe has exclusive jurisdiction pursuant to 25 U.S.C. § 1911(a); and
(k) when appropriate under the circumstances of the case, notice that:
(1) a proceeding to establish a parent and child relationship or to declare the nonexistence of a parent and child relationship may be brought at the same time as the juvenile protection matter; and
(2) parents may apply for parentage establishment and child support services through the county child support agency.

If any information required by this subdivision is unknown at the time of the filing of the petition, as soon as the information becomes known to the petitioner it shall be provided to the court and parties either orally on the record, by affidavit, or by amended petition. If presented orally on the record, the court shall note the information on the record or shall direct the petitioner to file an amended petition to reflect the updated information.

Subd. 2. Out of State Party. If a party resides out of state, or if there is a likelihood of interstate litigation, the petition or an attached affidavit shall include a statement regarding the whereabouts of the party and any other information required by the Uniform Child Custody Jurisdiction and Enforcement Act, Minn. Stat. §§ 518D.101 -.317.
Subd. 3. Disclosure of Name and Address - Endangerment. If there is reason to believe that an individual may be endangered by disclosure of a name or address required to be provided pursuant to this rule, that information shall be filed pursuant to Rule 8.04, subd. 2(p).

Minn. Juve. Prot. P. 45.02

Amended 9/1/2019; amended effective 1/1/2024.