(a)Timing. Within 15 days of the conclusion of the testimony, during which time the court may require simultaneous written arguments to be filed and served, the court shall issue its findings and order regarding whether one or more statutory grounds set forth in the petition have been proved. The court may extend the period for issuing an order for an additional 15 days if the court finds that an extension of time is required in the interests of justice and the best interests of the child.(b)Decision - Permanency Matter. Pursuant to Minn. Stat. § 260C.509, after a permanency trial the court shall order the child returned to the care of the parent or guardian from whom the child was removed; or, if it is in the child's best interests, order a permanency disposition or a termination of parental rights. The court shall issue a decision consistent with Minn. Stat. §§ 260C.511 -.513, and shall include in its order the findings required by Minn. Stat. § 260C.517. The court shall order further hearings if required by Minn. Stat. § 260C.519, and shall conduct any further review as required by Minn. Stat. § 260C.521. (c)Decision - Termination of Parental Rights Matter.(1)Generally. If the court finds that the statutory grounds set forth in the petition are not proved, the court shall either dismiss the petition or determine that the child is in need of protection or services. If the court determines that the child is in need of protection or services, the court shall either enter or withhold adjudication pursuant to Rule 50 and schedule further proceedings pursuant to Rule 51. If the court finds that one or more statutory grounds set forth in the termination of parental rights petition are proved, the court may terminate parental rights.(2)Particularized Findings - Non-Indian Child. In addition to making the findings required in paragraph (c)(1), the court shall also make findings as follows:(i) In any termination of parental rights matter, the court shall make specific findings regarding the nature and extent of efforts made by the responsible social services agency to rehabilitate the parent and reunite the family, including, where applicable, a statement that reasonable efforts to prevent placement and for rehabilitation and reunification are not required as provided by Minn. Stat. § 260.012(a).(ii) Before ordering termination of parental rights, the court shall make a specific finding that termination is in the best interests of the child and shall analyze: 1. the child's interests in preserving the parent-child relationship;2. the parent's interests in preserving the parent-child relationship; and3. any competing interests of the child.(iii) As provided in Minn. Stat. § 260C.301, subd. 7, the interests of the child are paramount. (3)Particularized Findings - Indian Child. In any termination of parental rights proceeding involving an Indian child, the court shall make specific findings as provided in Rule 28.07, subd. 4. The best interests of the child shall be determined consistent with the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963.Minn. Juve. Prot. P. 58.04
2019 Advisory Committee Comment
Rule 58 is added in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule is the counterpart to Rule 49 for permanency and termination of parental rights matters.
Rule 58.03 addresses the standards of proof for permanency and termination of parental rights matters. For an Indian child in a permanency proceeding, under Rule 28.04, subd. 3 and the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1912(e), the standard of proof is clear and convincing evidence. The same standard of proof applies to a non-Indian child in a permanency proceeding. In re D.L.D., 865 N.W.2d 315, 322 (Minn. Ct. App. 2015) (relying on an earlier version of the Rules of Juvenile Protection Procedure to determine the standard of proof.) For an Indian child in a termination of parental rights matter, under Rule 28.04, subd. 3 and ICWA, 25 U.S.C. § 1912(f), the standard of proof is beyond a reasonable doubt. For a non-Indian child in a termination of parental rights matter, the standard of proof is clear and convincing evidence under the Juvenile Court Act, Minn. Stat. § 260C.317, subd. 1.