Rule 26.04 - Child Not in Foster Care: Child Protective Services Case Plan(a)Plan Required. When a petition is filed alleging a child to be in need of protection or services and the child is not in foster care or other out-of-home placement, the responsible social services agency or other agency shall file with the court the statutorily required protective services case plan designed to correct the conditions underlying the allegations that make the child in need of protection or services.(b)Timing. When the child is not in foster care, the statutorily required child protective services plan shall be filed with the petition alleging the child to be in need of protection or services unless the responsible social services agency includes a statement in the petition explaining why it has not been possible to develop the plan, which may include exigent circumstances or the non-cooperation of the child's parents or guardian. The child protective services plan shall be provided to the parties by the responsible social services agency at the time it is filed with the court.(c)Procedure for Ordering Child Protective Services Plan. When the child is not in foster care or is not recommended to continue in foster care, but the court finds endangerment under Rule 42, the court may order the parties to comply with the provisions of the child protective services plan as a condition of the child remaining in the care of the parent, guardian, or custodian. The court may also order the parties to comply with the provisions of the plan as part of a disposition under Rule 51. When the court orders a child protection services plan, a copy of the plan shall be attached to the court's order and incorporated into it by reference.
Minn. Juve. Prot. P. 26.04