HF 1899

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/08/2012 01:27pm

A bill for an act
relating to crime victims; establishing Jacob's law; requiring notification by
law enforcement to social services if a child is neglected or abused outside the
home; amending parental rights under custody orders to include police reports on
minor children; amending Minnesota Statutes 2010, sections 518.17, subdivision
3; 626.556, subdivision 10a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to read:

Subd. 3.

Custody order.

(a) Upon adjudging the nullity of a marriage, or in a
dissolution or separation proceeding, or in a child custody proceeding, the court shall
make such further order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties which shall be sole or joint;

(2) their physical custody and residence; and

(3) their support. In determining custody, the court shall consider the best interests
of each child and shall not prefer one parent over the other solely on the basis of the sex
of the parent.

(b) The court shall grant the following rights to each of the parties, unless specific
findings are made under section 518.68, subdivision 1. Each party has the right of access
to, and to receive copies of, school, medical, dental, religious training, new text begin police reports, new text end and
other important records and information about the minor children. Each party has the
right of access to information regarding health or dental insurance available to the minor
children. Each party shall keep the other party informed as to the name and address of
the school of attendance of the minor children. Each party has the right to be informed
by school officials about the children's welfare, educational progress and status, and to
attend school and parent-teacher conferences. The school is not required to hold a separate
conference for each party. In case of an accident or serious illness of a minor child, each
party shall notify the other party of the accident or illness, and the name of the health care
provider and the place of treatment. new text begin Each party shall notify the other party if the minor
child is the victim of an alleged crime and shall provide the name of the investigating law
enforcement officer. new text end Each party has the right to reasonable access and telephone contact
with the minor children. The court may waive any of the rights under this section if it
finds it is necessary to protect the welfare of a party or child.

Sec. 2.

Minnesota Statutes 2010, section 626.556, subdivision 10a, is amended to read:

Subd. 10a.

Law enforcement agency responsibility for investigation; welfare
agency reliance on law enforcement fact-finding; welfare agency offer of services.

(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a
parent, guardian, sibling, person responsible for the child's care functioning within the
family unit, or a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in subdivision 2, the
local welfare agency shall immediately notify the appropriate law enforcement agency,
which shall conduct an investigation of the alleged abuse or neglect if a violation of a
criminal statute is alleged.

(b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened injury or other maltreatment has occurred under subdivision 2 if an alleged
offender has minor children or lives with minors.

(c) new text begin If a child is the victim of an alleged crime under paragraph (a), the law
enforcement agency shall immediately notify new text end the local welfare agency new text begin , which new text end shall offer
appropriate social services for the purpose of safeguarding and enhancing the welfare of
the abused or neglected minor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end