Minn. Juve. Prot. P. 36.02

As amended through October 28, 2024

Rule 36.02 - Appointment of Counsel

Subd.1. Child. Appointment of counsel for a child who is the subject of a juvenile protection matter shall be pursuant to Minn. Stat. § 260C.163, subd. 3. Appointment of counsel for an Indian child who is the subject of a juvenile protection matter shall be pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1912(b). The court may sua sponte appoint counsel for the child, or may do so upon the request of any party or participant. Any such appointment of counsel for the child shall occur as soon as practicable after the request is made. For purposes of appeal, appointment of counsel in a juvenile protection matter shall be made within three days of the request for counsel. When possible, the trial court attorney should be appointed as appellate counsel.

Subd. 2. Parent, Guardian, Legal Custodian, or Indian Custodian. Appointment of counsel for a parent, guardian, or legal custodian whose child is the subject of a juvenile protection matter shall be pursuant to Minn. Stat. § 260C.163, subd. 3. Appointment of counsel for a parent or Indian custodian of an Indian child who is the subject of a juvenile protection matter shall be pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1912(b). For purposes of appeal, appointment of counsel in a juvenile protection matter shall be made within three days of the request for counsel. When possible, the trial court attorney should be appointed as appellate counsel.

Subd. 3. Reimbursement. Whenever counsel is appointed for a child, parent, guardian, or custodian, the court shall make all inquiries required by Minn. Stat. § 260C.331, subd. 5 into the ability to pay for counsel's services, and may make any orders as authorized by that statute.

Subd. 4. Child's Preference. In any juvenile protection matter where the child is not represented by counsel, the court shall determine the child's preferences regarding the proceedings pursuant to Minn. Stat. § 260C.163, subd. 3(g), if the child is of suitable age to express a preference.

Minn. Juve. Prot. P. 36.02

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