Minnesota Statutes 259.23 – Juvenile Court, Jurisdiction
Subdivision 1.Venue.
(a) The juvenile court shall have original jurisdiction in all adoption proceedings. The proper venue for an adoption proceeding shall be the county of the petitioner’s residence, except as provided in section 260C.621, subdivision 2, for the adoption of children under the guardianship of the commissioner. Transfer of venue under this paragraph shall be according to the rules of adoption court procedure.
Terms Used In Minnesota Statutes 259.23
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Continuance: Putting off of a hearing ot trial until a later time.
- court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Personal property: All property that is not real property.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Venue: The geographical location in which a case is tried.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
(b) In all adoptions under this chapter, if the petitioner has acquired a new residence in another county and requests a transfer of the adoption proceeding, the court in which an adoption is initiated may transfer the proceeding to the appropriate court in the new county of residence if the transfer is in the best interests of the person to be adopted. The court transfers the proceeding by ordering a continuance and by forwarding to the court administrator of the appropriate court a certified copy of all papers filed, together with an order of transfer. The transferring court also shall forward copies of the order of transfer to the commissioner of human services and any agency participating in the proceedings. The judge of the receiving court shall accept the order of the transfer and any other documents transmitted and hear the case; provided, however, the receiving court may in its discretion require the filing of a new petition prior to the hearing.
Subd. 2.Contents of petition.
The petition shall be signed by the petitioner and, if married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:
(a) the full name, age and place of residence of petitioner, and if married, the date and place of marriage;
(b) the date petitioner acquired physical custody of the child and from what person or agency;
(c) the date of birth of the person to be adopted, if known, and the state and county where born;
(d) the name of the child’s parents, if known, and the guardian if there be one;
(e) the actual name of the person to be adopted, if known, and any known aliases;
(f) the name to be given the person to be adopted if a change of name is desired;
(g) the description and value of any real or personal property owned by the person to be adopted;
(h) that the petitioner desires that the relationship of parent and child be established between petitioner and the person to be adopted and that adoption is in the best interests of the person to be adopted by the petitioner.
In agency placements, the information required in clauses (d) and (e) shall not be required to be alleged in the petition but shall be transmitted to the court by the commissioner of human services or the agency.
Subd. 3.Court rules.
The provisions of subdivision 2 shall be subject to rules of the court made pursuant to section 480.051.