Rule 25.03 - Continuing Jurisdiction and Review after Child's Eighteen BirthdaySubd.1. Jurisdiction over Children in Foster Care. Jurisdiction over a child in foster care pursuant to Minn. Stat. § 260C.451 shall continue until the child becomes 21 years of age for the purpose of conducting the reviews required under Minn. Stat. §§ 260C.203; .317, subd. 3; or .515, subds. 5 or 6.Subd. 2. Orders for Guardianship or Legal Custody Terminate. Any order establishing guardianship under Minn. Stat. §§ 260C.325 and .515, subd. 3, any legal custody order under Minn. Stat. § 260C.201, subd. 1, and any order for legal custody associated with an order for permanent custody under Minn. Stat. § 260C.515, subd. 5, terminates on the child's 18th birthday. The responsible social services agency has legal responsibility for the individual's placement and care when the matter continues under court jurisdiction pursuant to Minn. Stat. § 260C.193 or when the individual and the responsible agency execute a voluntary placement agreement pursuant to Minn. Stat. § 260C.229.Subd. 3. Notice of Termination of Foster Care. When a child in foster care between the ages of 18 and 21 ceases to meet one of the eligibility criteria of Minn. Stat. § 260C.451, subd. 3a, termination of the child's ability to remain in foster care shall be addressed according to the requirements of Minn. Stat. § 260C.451, subd. 8.Subd. 4. Required Notice to Child. Jurisdiction over a child in foster care pursuant to Minn. Stat. § 260C.451 shall not be terminated without giving the child notice of any motion or proposed order to terminate jurisdiction and an opportunity to be heard on the appropriateness of the resolution.Subd. 5. Terminating Jurisdiction when Child Age 18 or Older Leaves Foster Care.When a child 18 or older in foster care pursuant to Minn. Stat. § 260C.451 asks to leave foster care or actually leaves foster care, the court may terminate its jurisdiction.
Subd. 6. Review after Re-Entry into Foster Care after Age 18. When a child re-enters foster care after age 18 pursuant to Minn. Stat. § 260C.451, subd. 6, the child's placement shall be pursuant to a voluntary placement agreement with the child under Minn. Stat. § 260C.229. If the child is not already under court jurisdiction pursuant to Minn. Stat. § 260C.193, subd. 6, review of the voluntary placement agreement between the child and the agency shall be according to Minn. Stat § 260C.229(b).Minn. Juve. Prot. P. 25.03
2019 Advisory Committee Comment
Rule 25 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 51. The amendments are not intended to substantively change the rule's meaning.