Minutes Doublewood Inn, Bismarck, ND
November 30, 2007
Members Present: Reid Brady Jean Delaney for Robin Huseby Shari Doe Judge William Herauf Judge Debbie Kleven Karen Kringlie Judge Doug Mattson Dave McGeary Tara Muhlhauser Ken Sorenson Dale Thompson Mike Hagburg, Staff Louis Hentzen, Staff
Members Absent: Steve Balaban Lisa Bjorgard Connie Cleveland Justice Mary Muehlen Maring Judge David Reich Michelle Kommer, Staff
1st Agenda Item-Minutes Approval of Minutes from the September 21, 2007 meeting.
2nd Agenda Item-Notice of Rights in Multi-Language Notice of rights in multi-language script was distributed to Board for comment (see attached).
3rd Agenda Item-Discussion on Proposed Rules Mike Hagburg indicated that most of the rules are based on current statutory language. The style
of rules are usually based on federal rules and on Minnesota rules. Petition of proposed rules will
go to the Supreme Court who will refer them to the Joint Procedure Committee.
Rules 2 and 2.1 Who are the parties? Do we need subpart 5 (it is inclusive in 7). Concern as to what expectation
of legal representation for interested participants. Mike Hagburg suggested language changes to
"Interested Person" rather than "Party." Judge Kleven suggested: petitioner, child, custodian of
child (anyone named in petition). Judge Kleven also suggested to state parties in 2.0 and interested
persons in 2.1. Tara Muhlhauser inquired "does a lay GAL have party status?" Mike indicated
persons may participate as named in 4.2. Judge Kleven inquired "what about presumed father."
Mike will re-work the language for 2.0 and 2.1.
Rule 3 Karen Kringlie indicated that time may be compromised by holding the filing of the petition. Judge
Kleven would like more explanation of "Good Cause Shown." Continuances are a problem as far
as the "welfare of the child."
Rule 3.1 Ken Sorenson commented that parents are not always entitled to counsel. Mike Hagburg indicated
he would add an explanatory note.
Rule 3.2 Language reflects recent Supreme Court ruling. Tara Muhlhauser inquired as to "why don't we
want it to apply to deprivation?"
Rule 4 Change "Person" back to "Party."
Rule 4.1 Mike Hagburg indicated this references current state rule.
Rule 5 Mike Hagburg will work more on this rule.
Mike Hagburg will make changes and submit to the Board at next meeting, February 29, 2008, 10:00
a.m. to 2:00 p.m., in Fargo.