Rule 31.01 - Transfer of Juvenile Protection Matter to the TribeSubd.1. Motion or Request to Transfer. At any stage in the proceedings, an Indian child's parent, Indian custodian, or tribe may request transfer of the juvenile protection matter to the Indian child's tribe by:(a) filing with the court and serving a motion or any other written document; or(b) making an on-the-record request which shall be reflected in the court's findings. Subd. 2. Service and Filing Requirements for Motion, Request, or Objection to Transfer Matter to Tribe.(a) When a motion or other written document is filed pursuant to subdivision 1(a), the service and notice provisions of Rule 14.02, subd. 1, apply. Service and notice shall also made upon parents who are participants to the proceedings.(b) When an on-the-record request is made pursuant to subdivision 1(b), the objection and continuance provisions of Rule 14.01, subd. 3, apply. Subd. 3. Transfer Required Absent Objection by Parent or Good Cause Finding.Upon motion or request of an Indian child's parent, Indian custodian, or tribe pursuant to subdivision 1, the court shall issue an order transferring the juvenile protection matter to the Indian child's tribe absent objection by either parent pursuant to subdivision 4 or a finding of good cause to deny transfer pursuant to subdivision 6(b), and shall proceed pursuant to Rule 31.02. The order transferring the juvenile protection matter to the Indian child's tribe shall order jurisdiction of the matter retained pursuant to subdivision 7 until the Indian child's tribe exercises jurisdiction over the matter.
Subd. 4. Objection to Transfer by Parent. A parent of an Indian child may object to transfer of a juvenile protection matter to the Indian child's tribe. (a)Form of Objection. The parent's objection shall be in writing or stated on the record. The writing may be in any form sufficient for the court to determine that the parent objects to the request to transfer the matter to the Indian child's tribe.(b)Timing of Filing and Service. Any written objection shall be filed with the court and served upon those who are served with the motion pursuant to Rule 14.02, subd. 1, either: (1) within 15 days of service of the motion, written request, or on-the-record request to transfer the juvenile protection matter to the Indian child's tribe under subdivision 1; or(2) at or before the time scheduled for hearing on a motion to deny transfer for good cause, if any, under subdivision 6.(c)Method of Filing and Service. Any written objection by a Registered User of the E-Filing System shall be served upon another Registered User in compliance with Rule 14.03 of the General Rules of Practice for the District Courts. All other service of the written objection shall be made by personal service, U.S. mail, or e-mail or other electronic means agreed upon in writing by the person to be served. Service of the written objection shall be accomplished by the parent's attorney or by the court administrator when the parent is not represented by counsel.(d)No Hearing Required. A hearing on an objection to transfer by parent is not required.(e)Decision and Order. Upon objection by a parent, the court shall deny the request to transfer the juvenile protection matter to the Indian child's tribe and issue its findings and order pursuant to Rule 9.01. The court shall include a parent's on-the-record objection to the transfer as a finding in its order denying the motion to transfer. Subd. 5. Request to Deny Transfer by Party Who is Not a Parent.(a)Party Who is Not a Parent. A party who is not a parent may request that the juvenile protection matter not be transferred to the Indian child's tribe by filing with the court and serving a notice of motion and motion pursuant to subdivision 1(a) and Rule 14 within 15 days of receiving the request to transfer the matter to the tribe. The party opposing transfer shall provide a written explanation of the reason for the opposition. (b)Establishment of Good Cause. A party who is not a parent opposing transfer of the juvenile protection matter has the burden of establishing good cause not to transfer. The request to deny transfer shall be scheduled for hearing pursuant to subdivision 6. Subd. 6. Hearing on Request to Deny Transfer to Tribal Court.(a)Hearing. Within 15 days of the filing of a written request to deny transfer of the juvenile protection matter to the Indian child's tribe, the court shall conduct a hearing to determine whether good cause exists to deny the transfer to the tribe pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1911(b), and the Minnesota Indian Family Preservation Act, Minn. Stat. § 260.771, subd. 3a.(b)Decision. The court shall make findings regarding the existence of good cause to deny transfer. If good cause to deny transfer is not found, the court shall order the matter transferred to tribal court and shall proceed pursuant to Rule 31.02. If good cause to deny transfer is found, the court may either deny the request to transfer or order the matter transferred to tribal court.(c)Order. The court shall issue its findings and order pursuant to Rule 9.01. Subd. 7. Retention of District Court Jurisdiction until Notice from the Indian Child's Tribe.(a)District Court Jurisdiction. The district court shall retain jurisdiction over the juvenile protection matter by written order until the district court judge receives information from the tribal court that the tribe has exercised jurisdiction over the matter. Pending exercise of jurisdiction by the Indian child's tribe, the district court has continued authority to: (1) approve or modify services to be provided to the child and the child's family; or(2) approve or modify the case plan; and(3) make other orders that ensure a smooth transition of the matter to the tribe.(b)Hearings in District Court Pending Dismissal. The district court may conduct hearings as required by Minn. Stat. ch. 260C and these rules and shall conduct a review hearing at least every ninety days until the Indian child's tribe exercises jurisdiction over the juvenile protection matter or the tribal court declines the transfer in response to the district court's order to transfer the matter to the tribe. Such hearings shall be for the purpose of reviewing the provision of services under the case plan or the provision of services to the child and family and to update the court regarding exercise of jurisdiction over the matter by the Indian child's tribe.(c)Exercise of Jurisdiction by Indian Child's Tribe. The district court may accept and rely on any reasonable form of communication indicating the tribe has exercised jurisdiction over the juvenile protection matter. The district court shall acknowledge receipt of the communication and the exercise of jurisdiction over the matter by the tribe by forwarding to the tribal court of, or designated by, the Indian child's tribe an order terminating the district court's jurisdiction over the matter under paragraph (e).(d)Declination of Transfer by Tribal Court. Upon declination of the exercise of jurisdiction over the juvenile protection matter by a tribal court, the district court shall proceed as if the matter was not transferred to tribal court.(e)Order Terminating District Court Jurisdiction. After issuing the order transferring the juvenile protection matter to the Indian child's tribe pursuant to subdivision 6(b), and once the district court judge receives information that the tribe has exercised jurisdiction over the matter pursuant to paragraph (a), the district court judge shall issue an order terminating jurisdiction over the matter which shall include provisions:(1) stating the factual basis for the judge's determination that the Indian child's tribe has exercised jurisdiction;(2) terminating jurisdiction over all parties, the Indian child's parent or Indian custodian, and the Indian child;(3) terminating the responsible social services agency's legal responsibility for the Indian child's placement when the district court has ordered the child into protective care Minn. Stat. § 260C.178;(4) terminating the responsible social services agency's legal custody of the child when the court has transferred legal custody to the responsible social services agency under Minn. Stat. § 260C.201, subdivision 1;(5) discharging the Commissioner of Human Services as guardian and terminating the order for legal custody to the commissioner when the court has ordered guardianship and legal custody to the commissioner; and(6) discharging court-appointed attorneys and the guardian ad litem for the child and for the parent, if any.Minn. Juve. Prot. P. 31.01