State of Minnesota District CourtRock County Judicial District: Fifth Court File Number: J3-05-50003 Case Type: JuvenileIn the Matter of the Welfare of the child(ren) of:Daphanie LeeAnn Bolan Notice of Filing of Order X Parent Legal CustodianCharles Maurice Smith X Parent Legal CustodianPLEASE TAKE NOTICE THAT on March 31, 2005, an Order terminating parental rights was filed in the above-entitled matter. 1. Effective Date. The Order shall remain in full force and effect until the first occurrence of one of the following: issuance of an inconsistent order; the order ends pursuant to the terms of the order; or jurisdiction of the juvenile court is terminated. Unless otherwise ordered, an order stated on the record is effective immediately. 2. Relief from Order.a. Clerical Mistakes. Pursuant to Juvenile Protection Rule 46.01, clerical mistakes in an order arising from oversight or omission may be corrected by the court at anytime upon its own initiative or upon motion of any party.b. Mistakes, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud. Pursuant to Juvenile Protection Rule 46.02, upon motion made within ninety (90) days of the filing of a final order of the court, the court may relieve a party or the party’s legal representative from a final order or proceeding and may order a new trial or grant such other relief as may be just for any of the following reasons:oMistake, inadvertence, surprise, or excusable neglect;oNewly discovered evidence which by due diligence could not have been discovered in time to move for a new trial;oFraud (whether denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;oThe judgment is void; oroAny other reason justifying relief from the operation of the order3. Petition to Invalidate Under ICWA. Pursuant to Juvenile Protection Rule 46.03, any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child’s tribe may file with the court and serve upon the parties a Petition to Invalidate such action upon a showing that such action violates the Indian Child Welfare Act, 25 U.S.C. § 1911—1914 1978. The form and content of the petition shall be in writing and shall be governed by Rule 33.4. Appeal. Pursuant to Juvenile Protection Rule 47, an appeal may be taken by an aggrieved person from a final order of the juvenile court affecting a substantial right of the aggrieved person, including but not limited to an order adjudicating a child to be in need of protection or services or neglected and in foster care. Any appeal shall be taken within thirty (30) days of the filing of the order. The procedures for filing and serving an appeal are set forth in Juvenile Protection Rule 47. Pursuant to Rule 47.03, the service and filing of a Notice of Appeal does not stay the order of the trial court. The appellate court may in its discretion and upon application, stay the trial court order. 5. Access to Original Birth Record Information. Pursuant to Minnesota Statutes 259.89, Subd. 2 (c) and (d) birth parents have a right to file with the Commissioner of Health a consent to disclose information on the birth record or an affidavit stating that the information on the original birth record should not be disclosed.Dated: March 31, 2005 Sandra L. VrtacnikCourt AdministratorBy: /s/ Denise M. BrandelDeputy(4-7)
