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Minnesota Child In Need of Protection or Services Petition (Open Hearings)

State:
Minnesota
Control #:
MN-SKU-1252
Format:
PDF
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Description

Child In Need of Protection or Services Petition (Open Hearings)

The Minnesota Child In Need of Protection or Services Petition (Open Hearings) is a legal process that can be initiated by a county attorney, social services' agency, or the juvenile court to protect a child from harm. The process can involve a variety of court hearings, including a Petition to Determine if a Child is in Need of Protection or Services, an Open Hearing, and an Adjudicatory Hearing. The Petition to Determine if a Child is in Need of Protection or Services is a legal document that is filed with the court. It outlines why the petitioner (county attorney, social services' agency, or juvenile court) believes that a child is in need of protection or services. This document can also include any recommendations for the child’s care or services. The Open Hearing is the first court hearing related to the Petition to Determine if a Child is in Need of Protection or Services. It is an opportunity for the court to hear testimony from individuals involved in the case, including the petitioner, the child, and their parents or guardians, as well as any other relevant parties. At this hearing, the court will decide whether to grant the petition. The Adjudicatory Hearing is the second court hearing relating to the Petition to Determine if a Child is in Need of Protection or Services. It is an opportunity for the court to hear testimony from individuals involved in the case and to make a final ruling on the petition. The court can choose to grant the petition, deny the petition, or make any other orders deemed necessary to protect the child. In Minnesota, the Child In Need of Protection or Services Petition (Open Hearings) process is designed to ensure that a child’s safety and wellbeing is protected and that their rights are respected.

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FAQ

In Minnesota, there is not set age limit on when a child can decide which parent to live with. The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.

At what age can a child refuse to see a parent? There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors.

Contrary to common belief, in Minnesota there is no particular age at which a child gets to decide which parent he wants to live with. Generally, the older the child, the more weight the child's preference carries, whether in the initial custody determination or in the context of a motion to modify custody.

CPS cannot enter your home without your permission. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay. If a CPS social worker comes to your home for a visit and you're unprepared, simply tell them that it's not the best time.

CHIPS actions are court cases that involve the health, safety and welfare of children. Children can be considered CHIPS because they are abused or neglected, truant, runaway, or otherwise need protection or services.

Per Minnesota law, there is a rebuttable presumption that a parent is entitled to receive at least 25% of the parenting time. 9 Three out of 14 overnights would only afford a party 21% parenting time.

Under MN law, the child's preference is one of the factors the court will consider when deciding custody, but it is not the only factor. There is not a specific age listed in the law, so it is up to the judge to decide whether the child(ren) is old enough and mature enough to make a choice.

At what age can a child refuse to see a parent? There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors.

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Minnesota Child In Need of Protection or Services Petition (Open Hearings)