Minnesota > Statewide > District Court > Child Protection
Notice Of Intervention As A Matter Of Right CHP-404 - Minnesota
| Notice Of Intervention As A Matter Of Right Form. This is a Minnesota form and can be used in Child Protection District Court Statewide . |
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State of Minnesota County Judicial District: Court File Number: Case Type: District Court Juvenile In the Matter of the Welfare of the Child(ren) of: Parent Parent Legal Custodian Legal Custodian Notice of Intervention as a A Party as a Matter of Right To: The Court The Parties or, if represented, their attorneys Pursuant to Rule 23.01 of the Rules of Juvenile Protection Procedure, this is to notify you that I am intervening as a party in the above-referenced Juvenile Protection matter. 1. My name is: First Name My address is: Street Address City State Apt. No. Zip Code Last Name 2. I have a right to intervene in this Juvenile Protection matter because my relationship with the child is as follows (check all that apply and fill in other information): I am the child who is the subject of the juvenile protection matter. I am the parent of the child who is the subject of the juvenile protection matter. I am the adjudicated father child who is the subject of the juvenile protection matter: · Date of adjudication order · Name of court where adjudication order issued I am the adoptive parent child who is the subject of the juvenile protection matter. I am the grandparent of child who is the subject of the juvenile protection and the child lived with me within the two (2) years before the filing of the child protection petition: · Name of your child who is the parent of your grandchild: · Dates grandchild lived with you: I am a representative of the Social Services Agency (if not the petitioner). CHP404 State ENG Rev 3/04-D www.courts.state.mn.us/forms Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com 3. I will automatically become a party to this Juvenile Protection Matter unless within ten (10) days of the date of service of this notice an existing party or the county attorney serves and files a written objection to my intervention challenging the factual basis for my intervention. Upon receipt of a written objection, the court will schedule the matter for hearing and will notify all parties of the date and time of such hearing. Dated: Signature of Person Intervening CHP404 State ENG Rev 3/04-D www.courts.state.mn.us/forms Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com Instructions for Completing Notice of Intervention as a Matter of Right Who Has a Right to Intervene: Certain people have an automatic right to intervene in a child protection case. Unless an existing party objects, these people will be granted party status simply by providing notice of intervention to the court and other parties. You have an automatic right to intervene as a party in this matter if you are: · The child, regardless of your age, who is the subject of the juvenile protection matter. · The birth or adoptive parent of the child who is the subject of the juvenile protection matter. · The grandparent of the child who is the subject of the juvenile protection matter and the child lived with you at any time during the two years prior to the filing of the petition in this matter · The Social Services Agency (if not the petitioner) What You Must Do to Intervene: A. Fill out the Attached Notice of Intervention as Party as a Matter or Right Form (please print or type all information) 1. On the attached "Notice of Intervention as a Matter of Right" form, print the county name, judicial district number, court file number, and the case caption title where indicated. This information is on the Notice you received. 2. On question 1, print your name and mailing address. 3. On question 2, check off your relationship to the child. · If you are the child's adjudicated father, you must give the date the order for adjudication was made and the name of the court where the adjudication was made. · If you are a grandparent with whom the child has lived in the last two years, you must give the name of your child who is the grandchild's parent, and give the dates the grandchild lived with you during the past two years. You may be asked to repeat these statements under oath at the time of a court hearing. 4. Sign your name and print your mailing address. B. Provide copies of the completed Notice of Intervention as Party as a Matter or Right form to all other parties involved in the case 1. Make copies of the completed and signed "Notice of Intervention as Party as a Matter or Right" form. Make enough copies for each party and one for you. 2. For each party, prepare an envelope with the party's name and mailing address (or the name and address of the party's attorney if represented) and put one copy of the completed and signed "Notice of Intervention as Party as a Matter or Right" form in each envelope. CHP403 State ENG Rev 3/04-D www.courts.state.mn.us/forms Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com 3. At least 5 days before the date of the hearing, have someone else who is at least 18 years of age and who is not a party to the case hand deliver the envelopes to each of the parties. Or At least 8 days before the date of the hearing, have someone else who is at least 18 years of age and who is not a party to the case place the envelopes in the mail. 4. Keep one copy of the completed "Notice of Motion and Motion to Intervene" form for your files and bring it with you to the hearing. 5. Have the person who mailed or hand delivered the envelopes to the parties fill out the "Affidavit of Service" form included with this packet. That person must sign the form, but can sign it only in front of a notary public (they can be found at banks) or the court administrator. Make one copy of the completed and signed "Affidavit of Service" form and keep it for your files. 6. At least 5 days before the date of the hearing, hand deliver the original completed "Notice of Intervention as Party as a Matter or Right" form and the original "Affidavit of Service" form to the court administrator. Or At least 8 days before the date of hearing, mail the original completed "Notice of Intervention as Party as a Matter or Right" and the original "Affidavit of Service" forms in an enveloped addressed to the court administrator. C. Attend the Hearing. 1. If no one objects within 10 days, the intervention will be complete and you will be a party. 2. If someone objects and the court schedules a hearing, appear at that hearing so that you can explain why you should be permitted to become a party. CHP403 State ENG Rev 3/04-D www.courts.state.mn.us/forms Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com
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