TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 4.2, N.D.R.Ct., Notice to Interested Parties
In a letter to Chief Justice VandeWalle, Judge Kleven pointed out a new requirement for states receiving certain federal funds: adoption of a rule requiring that foster parents, pre-adoptive parents, and relative caregivers be given notice of any court proceeding related to a foster child in their care. A copy of Judge Kleven's letter is attached.
The new requirement is part of Public Law 109-239, which took effect July 3, 2006. Section 8 of the Public Law inserted new language into 42 U.S.C. § 675(5)(G) providing that states: "shall have in effect a rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State are notified of any proceeding to be held with respect to the child." A copy of the public law is attached.
Staff has prepared a proposed new rule, Rule 4.2, that contains the requested notice requirement. The language of the proposed rule tracks the federal requirement as closely as possible. The rule has tentatively been placed in the section of the Rules of Court relating to parties, which is currently empty except for a repealed rule.
A copy of the rule proposal is attached.