SF 644

1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1                                         A bill for an act
1.2      relating to family law; requiring notification of noncustodial parents, corrections 
1.3     agents, local welfare agencies, and the court, of residence of a custodial parent 
1.4     with certain convicted persons; changing certain presumptions relating to 
1.5     paternity; creating a presumption concerning parenting time; disallowing certain 
1.6     convicted persons from becoming custodians of unrelated children; changing 
1.7     certain procedures for removal of a child's residence from Minnesota; changing 
1.8     certain requirements in summary real estate disposition judgments; identifying 
1.9     pension plans subject to marital property division; authorizing the Department of 
1.10    Human Services to collect spousal maintenance; providing for certain appeals; 
1.11    changing certain provisions concerning adoption communication or contact 
1.12    agreements; requiring certain background checks; amending Minnesota Statutes 
1.13    2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivision 
1.14    5; 257C.03, subdivision 7; 259.24, subdivisions 1, 2a, 5, 6a; 259.58; 260C.201, 
1.15    subdivision 11; 260C.212, subdivision 4; 484.65, subdivision 9; 518.091, 
1.16    subdivision 1; 518.1705, subdivisions 4, 7; 518.175, subdivision 3, by adding a 
1.17    subdivision; 518.179, by adding a subdivision; 518.18; 518.191, subdivisions 2, 
1.18    4; 518.54, subdivisions 4a, 14, by adding a subdivision; 518.551, subdivision 
1.19    1; 518.58, subdivision 4; proposing coding for new law in Minnesota Statutes, 
1.20    chapters 244; 257; 260C.
1.21     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22        Section 1. [244.057] OFFENDERS RESIDING IN HOUSEHOLDS WITH 
1.23    CHILDREN; NOTICE TO CORRECTIONS AGENT.
1.24    An offender required to register as a predatory offender under section 243.166 shall 
1.25    inform the offender's corrections agent if the offender is residing in a household where a 
1.26    child is residing.  The offender shall inform the agent of the name, age, and relationship 
1.27    to the offender of all children residing in the household.  The offender's correction agent 
1.28    shall notify the child's parents, if any, and the legal guardians or physical custodians, if 
1.29    any, that the child is residing with a predatory offender.
2.1     EFFECTIVE DATE.This section is effective August 1, 2005, and applies to 
2.2     persons under correctional supervision on or after that date.

2.3         Sec. 2. [257.026] NOTIFICATION OF RESIDENCE WITH CERTAIN 
2.4     CONVICTED PERSONS.
2.5     A person who is granted or exercises custody of a child or parenting time with a 
2.6     child under this chapter or chapter 518 must notify the child's other parent, if any, the 
2.7     county social services agency, and the court that granted the custody or parenting time, if 
2.8     the person knowingly marries or lives in the same residence with a person who has been 
2.9     convicted of a crime listed in section 518.179, subdivision 2.

2.10        Sec. 3. Minnesota Statutes 2004, section 257.55, subdivision 1, is amended to read:
2.11         Subdivision 1. Presumption.  A man is presumed to be the biological father of 
2.12    a child if:
2.13     (a) He and the child's biological mother are or have been married to each other and 
2.14    the child is born during the marriage, or within 280 days after the marriage is terminated 
2.15    by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of 
2.16    legal separation is entered by a court. The presumption in this paragraph does not apply if 
2.17    the man has joined in a recognition of parentage recognizing another man as the biological 
2.18    father under section 257.75, subdivision 1a;
2.19     (b) Before the child's birth, he and the child's biological mother have attempted to 
2.20    marry each other by a marriage solemnized in apparent compliance with law, although the 
2.21    attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
2.22     (1) if the attempted marriage could be declared invalid only by a court, the child 
2.23    is born during the attempted marriage, or within 280 days after its termination by death, 
2.24    annulment, declaration of invalidity, dissolution or divorce; or
2.25     (2) if the attempted marriage is invalid without a court order, the child is born within 
2.26    280 days after the termination of cohabitation;
2.27     (c) After the child's birth, he and the child's biological mother have married, or 
2.28    attempted to marry, each other by a marriage solemnized in apparent compliance with 
2.29    law, although the attempted marriage is or could be declared void, voidable, or otherwise 
2.30    invalid, and,
2.31     (1) he has acknowledged his paternity of the child in writing filed with the state 
2.32    registrar of vital statistics;
2.33     (2) with his consent, he is named as the child's father on the child's birth record; or
3.1      (3) he is obligated to support the child under a written voluntary promise or by 
3.2     court order;
3.3      (d) While the child is under the age of majority, he receives the child into his home 
3.4     During the first two years of the child's life, he resided in the same household with the 
3.5     child for at least 12 months and openly holds held out the child as his biological child own;
3.6      (e) He and the child's biological mother acknowledge his paternity of the child in a 
3.7     writing signed by both of them under section 257.34 and filed with the state registrar of 
3.8     vital statistics.  If another man is presumed under this paragraph to be the child's father, 
3.9     acknowledgment may be effected only with the written consent of the presumed father or 
3.10    after the presumption has been rebutted;
3.11     (f) Evidence of statistical probability of paternity based on blood or genetic testing 
3.12    establishes the likelihood that he is the father of the child, calculated with a prior 
3.13    probability of no more than 0.5 (50 percent), is 99 percent or greater;
3.14     (g) He and the child's biological mother have executed a recognition of parentage 
3.15    in accordance with section 257.75 and another man is presumed to be the father under 
3.16    this subdivision;
3.17     (h) (g) He and the child's biological mother have executed a recognition of parentage 
3.18    in accordance with section 257.75 and another man and the child's mother have executed 
3.19    a recognition of parentage in accordance with section 257.75; or
3.20     (i) (h) He and the child's biological mother executed a recognition of parentage in 
3.21    accordance with section 257.75 when either or both of the signatories were less than 
3.22    18 years of age.

3.23        Sec. 4. Minnesota Statutes 2004, section 257.57, subdivision 2, is amended to read:
3.24         Subd. 2. Actions under other paragraphs of section 257.55, subdivision 1.  The 
3.25    child, the mother, or personal representative of the child, the public authority chargeable 
3.26    by law with the support of the child, the personal representative or a parent of the mother 
3.27    if the mother has died or is a minor, a man alleged or alleging himself to be the father, or 
3.28    the personal representative or a parent of the alleged father if the alleged father has died or 
3.29    is a minor may bring an action:
3.30     (1) at any time for the purpose of declaring the existence of the father and child 
3.31    relationship presumed under section  sections 257.55, subdivision 1, paragraph (d), (e), 
3.32    (f), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father 
3.33    and child relationship presumed under section 257.55, subdivision 1, clause (d) of that 
3.34    subdivision;
4.1      (2) for the purpose of declaring the nonexistence of the father and child relationship 
4.2     presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is 
4.3     brought within six months after the person bringing the action obtains the results of blood 
4.4     or genetic tests that indicate that the presumed father is not the father of the child;
4.5      (3) for the purpose of declaring the nonexistence of the father and child relationship 
4.6     presumed under section 257.55, subdivision 1, paragraph (f) 257.62, subdivision 5, 
4.7     paragraph (b), only if the action is brought within three years after the party bringing 
4.8     the action, or the party's attorney of record, has been provided the blood or genetic test 
4.9     results; or
4.10     (4) for the purpose of declaring the nonexistence of the father and child relationship 
4.11    presumed under section 257.75, subdivision 9, only if the action is brought by the minor 
4.12    signatory within six months after the minor signatory reaches the age of 18.  In the case of 
4.13    a recognition of parentage executed by two minor signatories, the action to declare the 
4.14    nonexistence of the father and child relationship must be brought within six months after 
4.15    the youngest signatory reaches the age of 18.

4.16        Sec. 5. Minnesota Statutes 2004, section 257.62, subdivision 5, is amended to read:
4.17         Subd. 5. Positive test results.  (a) If the results of blood or genetic tests completed 
4.18    in a laboratory accredited by the American Association of Blood Banks indicate that 
4.19    the likelihood of the alleged father's paternity, calculated with a prior probability of no 
4.20    more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the 
4.21    alleged father to pay temporary child support determined according to chapter 518.  The 
4.22    alleged father shall pay the support money to the public authority if the public authority is 
4.23    a party and is providing services to the parties or, if not, into court pursuant to the Rules of 
4.24    Civil Procedure to await the results of the paternity proceedings.
4.25     (b) If the results of blood or genetic tests completed in a laboratory accredited by 
4.26    the American Association of Blood Banks indicate that likelihood of the alleged father's 
4.27    paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent 
4.28    or greater, there is an evidentiary presumption that the alleged father is presumed to be the 
4.29    parent  biological father and the party opposing the establishment of the alleged father's 
4.30    paternity has the burden of proving by clear and convincing evidence that the alleged 
4.31    father is not the father of the child.
4.32    A determination under this subdivision that the alleged father is the biological 
4.33    father does not preclude the adjudication of another man as the legal father pursuant to 
4.34    section 257.55, subdivision 2, nor does it allow the donor of genetic material for assisted 
5.1     reproduction for the benefit of the recipient parent(s), whether sperm or ovum (egg), to 
5.2     claim to be the child's biological and/or legal parent.

5.3         Sec. 6. Minnesota Statutes 2004, section 257C.03, subdivision 7, is amended to read:
5.4          Subd. 7. Interested third party; burden of proof; factors.  (a) To establish that an 
5.5     individual is an interested third party, the individual must:
5.6      (1) show by clear and convincing evidence that one of the following factors exist:
5.7      (i) the parent has abandoned, neglected, or otherwise exhibited disregard for the 
5.8     child's well-being to the extent that the child will be harmed by living with the parent;
5.9      (ii) placement of the child with the individual takes priority over preserving the 
5.10    day-to-day parent-child relationship because of the presence of physical or emotional 
5.11    danger to the child, or both; or
5.12     (iii) other extraordinary circumstances; and 
5.13     (2) prove by a preponderance of the evidence that it is in the best interests of the 
5.14    child to be in the custody of the interested third party; and 
5.15    (3) show by clear and convincing evidence that granting the petition would not 
5.16    violate section 518.179, subdivision 1a.
5.17     (b) The following factors must be considered by the court in determining an 
5.18    interested third party's petition:
5.19     (1) the amount of involvement the interested third party had with the child during 
5.20    the parent's absence or during the child's lifetime;
5.21     (2) the amount of involvement the parent had with the child during the parent's 
5.22    absence;
5.23     (3) the presence or involvement of other interested third parties;
5.24     (4) the facts and circumstances of the parent's absence;
5.25     (5) the parent's refusal to comply with conditions for retaining custody set forth 
5.26    in previous court orders;
5.27     (6)  whether the parent now seeking custody was previously prevented from doing so 
5.28    as a result of domestic violence;
5.29     (7) whether a sibling of the child is already in the care of the interested third party; 
5.30    and
5.31     (8) the existence of a standby custody designation under chapter 257B.
5.32     (c) In determining the best interests of the child, the court must apply the standards 
5.33    in section 257C.04.

5.34        Sec. 7. Minnesota Statutes 2004, section 259.24, subdivision 1, is amended to read:
6.1          Subdivision 1. Exceptions.  No child shall be adopted without the consent of the 
6.2     child's parents and the child's guardian, if there be one, except in the following instances:
6.3      (a) Consent shall not be required of a parent not entitled to notice of the proceedings.
6.4      (b) Consent shall not be required of a parent who has abandoned the child, or 
6.5     of a parent who has lost custody of the child through a divorce decree or a decree of 
6.6     dissolution, and upon whom notice has been served as required by section 259.49.
6.7      (c) Consent shall not be required of a parent whose parental rights to the child have 
6.8     been terminated by a juvenile court or who has lost custody of a child through a final 
6.9     commitment of the juvenile court or through a decree in a prior adoption proceeding.
6.10     (d) If there be no parent or guardian qualified to consent to the adoption, the consent 
6.11    may shall be given by the commissioner. After the court accepts a parent's consent to 
6.12    the adoption under section 260C.201, subdivision 11, consent by the commissioner or 
6.13    commissioner's delegate is also necessary. Agreement to the identified prospective 
6.14    adoptive parent by the responsible social services agency under section 260C.201, 
6.15    subdivision 11, does not constitute the required consent.
6.16     (e) The commissioner or agency having authority to place a child for adoption 
6.17    pursuant to section 259.25, subdivision 1, shall have the exclusive right to consent to the 
6.18    adoption of such child.  The commissioner or agency shall make every effort to place 
6.19    siblings together for adoption.  Notwithstanding any rule to the contrary, the commissioner 
6.20    may delegate the right to consent to the adoption or separation of siblings, if it is in the 
6.21    child's best interest, to a local social services agency.

6.22        Sec. 8. Minnesota Statutes 2004, section 259.24, subdivision 2a, is amended to read:
6.23         Subd. 2a. Time of consent; notice of intent to consent to adoption.  (a) Not 
6.24    sooner than 72 hours after the birth of a child and not later than 60 days after the child's 
6.25    placement in a prospective adoptive home, a person whose consent is required under this 
6.26    section shall execute a consent.
6.27     (b) Unless all birth parents from whom consent is required under this section are 
6.28    involved in making the adoptive placement and intend to consent to the adoption, a birth 
6.29    parent who intends to execute a consent to an adoption must give notice to the child's 
6.30    other birth parent of the intent to consent to the adoption prior to or within 72 hours 
6.31    following the placement of the child, if the other birth parent's consent to the adoption is 
6.32    required under subdivision 1.  The birth parent who receives notice shall have 60 days 
6.33    after the placement of the child to either consent or refuse to consent to the adoption.  If 
6.34    the birth parent who receives notice fails to take either of these actions, that parent shall be 
6.35    deemed to have irrevocably consented to the child's adoption. The notice provisions of 
7.1     chapter 260C and the Rules of Juvenile Protection Procedure shall apply to both parents 
7.2     when the consent to adopt is executed under section 260C.201, subdivision 11.
7.3      (c) When notice is required under this subdivision, it shall be provided to the other 
7.4     birth parent according to the Rules of Civil Procedure for service of a summons and 
7.5     complaint.

7.6         Sec. 9. Minnesota Statutes 2004, section 259.24, subdivision 5, is amended to read:
7.7          Subd. 5. Execution.  All consents to an adoption shall be in writing, executed before 
7.8     two competent witnesses, and acknowledged by the consenting party.  In addition, all 
7.9     consents to an adoption, except those by the commissioner, the commissioner's agent, 
7.10    a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for 
7.11    adoption by a stepparent, shall be executed before a representative of the commissioner, 
7.12    the commissioner's agent, or a licensed child-placing agency.  All consents by a parent:
7.13     (1) shall contain notice to the parent of the substance of subdivision 6a, providing 
7.14    for the right to withdraw consent unless the parent will not have the right to withdraw 
7.15    consent because consent was executed under section 260C.201, subdivision 11, following 
7.16    proper notice that consent given under that provision is irrevocable upon acceptance by 
7.17    the court as provided in subdivision 6a; and
7.18     (2) shall contain the following written notice in all capital letters at least one-eighth 
7.19    inch high:
7.20     "This agency will submit your consent to adoption to the court.  The consent itself 
7.21    does not terminate your parental rights.  Parental rights to a child may be terminated only 
7.22    by an adoption decree or by a court order terminating parental rights.  Unless the child is 
7.23    adopted or your parental rights are terminated, you may be asked to support the child."
7.24     Consents shall be filed in the adoption proceedings at any time before the matter 
7.25    is heard provided, however, that a consent executed and acknowledged outside of this 
7.26    state, either in accordance with the law of this state or in accordance with the law of the 
7.27    place where executed, is valid.

7.28        Sec. 10. Minnesota Statutes 2004, section 259.24, subdivision 6a, is amended to read:
7.29         Subd. 6a. Withdrawal of consent. Except for consents executed under section 
7.30    260C.201, subdivision 11, a parent's consent to adoption may be withdrawn for any 
7.31    reason within ten working days after the consent is executed and acknowledged. Written 
7.32    notification of withdrawal of consent must be received by the agency to which the 
7.33    child was surrendered no later than the tenth working day after the consent is executed 
7.34    and acknowledged.  On the day following the tenth working day after execution and 
8.1     acknowledgment, the consent shall become irrevocable, except upon order of a court 
8.2     of competent jurisdiction after written findings that consent was obtained by fraud. A 
8.3     consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon 
8.4     proper notice to both parents of the effect of a consent to adopt and acceptance by the 
8.5     court, except upon order of the same court after written findings that the consent was 
8.6     obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents 
8.7     and the child shall be made parties.  The proceedings shall be conducted to preserve the 
8.8     confidentiality of the adoption process.  There shall be no presumption in the proceedings 
8.9     favoring the birth parents over the adoptive parents.

8.10        Sec. 11. Minnesota Statutes 2004, section 259.58, is amended to read:
8.11     259.58 COMMUNICATION OR CONTACT AGREEMENTS.
8.12     Adoptive parents and a birth relative or foster parents may enter an agreement 
8.13    regarding communication with or contact between an adopted minor, adoptive parents, and 
8.14    a birth relative or foster parents under this section.  An agreement may be entered between:
8.15     (1) adoptive parents and a birth parent;
8.16     (2) adoptive parents and any other birth relative or foster parent with whom the child 
8.17    resided before being adopted; or
8.18     (3) adoptive parents and any other birth relative if the child is adopted by a birth 
8.19    relative upon the death of both birth parents.
8.20     For purposes of this section, "birth relative" means a parent, stepparent, grandparent, 
8.21    brother, sister, uncle, or aunt of a minor adoptee.  This relationship may be by blood, 
8.22    adoption, or marriage.  For an Indian child, birth relative includes members of the extended 
8.23    family as defined by the law or custom of the Indian child's tribe or, in the absence of laws 
8.24    or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child 
8.25    Welfare Act, United States Code, title 25, section 1903.
8.26     (a) An agreement regarding communication with or contact between minor adoptees, 
8.27    adoptive parents, and a birth relative is not legally enforceable unless the terms of the 
8.28    agreement are contained in a written court order entered in accordance with this section.  
8.29    An order may be sought at any time before a decree of adoption is granted.  The order 
8.30    must be issued within 30 days of being submitted to the court or by the granting of the 
8.31    decree of adoption, whichever is earlier.  The court shall not enter a proposed order unless 
8.32    the terms of the order have been approved in writing by the prospective adoptive parents, 
8.33    a birth relative or foster parent who desires to be a party to the agreement, and, if the child 
8.34    is in the custody of or under the guardianship of an agency, a representative of the agency.  
8.35    A birth parent must approve in writing of an agreement between adoptive parents and any 
9.1     other birth relative or foster parent, unless an action has been filed against the birth parent 
9.2     by a county under chapter 260.  An agreement under this section need not disclose the 
9.3     identity of the parties to be legally enforceable.  The court shall not enter a proposed order 
9.4     unless the court finds that the communication or contact between the minor adoptee, the 
9.5     adoptive parents, and a birth relative as agreed upon and contained in the proposed order 
9.6     would be in the minor adoptee's best interests.  The court shall mail a certified copy of 
9.7     the order to the parties to the agreement or their representatives at the addresses provided 
9.8     by the petitioners.
9.9      (b) Failure to comply with the terms of an agreed order regarding communication or 
9.10    contact that has been entered by the court under this section is not grounds for:
9.11     (1) setting aside an adoption decree; or
9.12     (2) revocation of a written consent to an adoption after that consent has become 
9.13    irrevocable.
9.14     (c) An agreed order entered under this section may be enforced by filing a petition 
9.15    or motion with the family court that includes a certified copy of the order granting the 
9.16    communication, contact, or visitation, but only if the petition or motion is accompanied by 
9.17    an affidavit that the parties have mediated or attempted to mediate any dispute under the 
9.18    agreement or that the parties agree to a proposed modification.  The prevailing party may 
9.19    be awarded reasonable attorney's fees and costs.  The court shall not modify an agreed 
9.20    order under this section unless it finds that the modification is necessary to serve the 
9.21    best interests of the minor adoptee, and:
9.22     (1) the modification is agreed to by the parties to the agreement; or
9.23     (2) exceptional circumstances have arisen since the agreed order was entered that 
9.24    justify modification of the order.
9.25    (d) For children under state guardianship when there is a written communication 
9.26    or contact agreement between prospective adoptive parents and birth relatives other than 
9.27    birth parents it must be included in the final adoption decree unless all the parties agree 
9.28    to omit it.  If the adoptive parents or birth relatives do not honor the communication or 
9.29    contact agreement, the court shall determine the terms of the communication and contact 
9.30    agreement.

9.31        Sec. 12. Minnesota Statutes 2004, section 260C.201, subdivision 11, is amended to 
9.32    read:
9.33         Subd. 11. Review of court-ordered placements; permanent placement 
9.34    determination.  (a) This subdivision and subdivision 11a do not apply in cases where 
9.35    the child is in placement due solely to the child's developmental disability or emotional 
10.1    disturbance, where legal custody has not been transferred to the responsible social services 
10.2    agency, and where the court finds compelling reasons under section 260C.007, subdivision 
10.3    8, to continue the child in foster care past the time periods specified in this subdivision.  
10.4    Foster care placements of children due solely to their disability are governed by section 
10.5    260C.141, subdivision 2b.  In all other cases where the child is in foster care or in the 
10.6    care of a noncustodial parent under subdivision 1, the court shall conduct a hearing to 
10.7    determine the permanent status of a child not later than 12 months after the child is placed 
10.8    in foster care or in the care of a noncustodial parent.
10.9     For purposes of this subdivision, the date of the child's placement in foster care is 
10.10   the earlier of the first court-ordered placement or 60 days after the date on which the 
10.11   child has been voluntarily placed in foster care by the child's parent or guardian.  For 
10.12   purposes of this subdivision, time spent by a child under the protective supervision of 
10.13   the responsible social services agency in the home of a noncustodial parent pursuant to 
10.14   an order under subdivision 1 counts towards the requirement of a permanency hearing 
10.15   under this subdivision or subdivision 11a.
10.16    For purposes of this subdivision, 12 months is calculated as follows:
10.17    (1) during the pendency of a petition alleging that a child is in need of protection 
10.18   or services, all time periods when a child is placed in foster care or in the home of a 
10.19   noncustodial parent are cumulated;
10.20    (2) if a child has been placed in foster care within the previous five years under one 
10.21   or more previous petitions, the lengths of all prior time periods when the child was placed 
10.22   in foster care within the previous five years are cumulated.  If a child under this clause 
10.23   has been in foster care for 12 months or more, the court, if it is in the best interests of the 
10.24   child and for compelling reasons, may extend the total time the child may continue out 
10.25   of the home under the current petition up to an additional six months before making a 
10.26   permanency determination.
10.27    (b) Unless the responsible social services agency recommends return of the child to 
10.28   the custodial parent or parents, not later than 30 days prior to this hearing, the responsible 
10.29   social services agency shall file pleadings in juvenile court to establish the basis for the 
10.30   juvenile court to order permanent placement of the child according to paragraph (d).  
10.31   Notice of the hearing and copies of the pleadings must be provided pursuant to section 
10.32   260C.152.  If a termination of parental rights petition is filed before the date required 
10.33   for the permanency planning determination and there is a trial under section 260C.163 
10.34   scheduled on that petition within 90 days of the filing of the petition, no hearing need be 
10.35   conducted under this subdivision.
11.1     (c) At the conclusion of the hearing, the court shall order the child returned to the 
11.2    care of the parent or guardian from whom the child was removed or order a permanent 
11.3    placement in the child's best interests.  The "best interests of the child" means all relevant 
11.4    factors to be considered and evaluated.  Transfer of permanent legal and physical custody, 
11.5    termination of parental rights, or guardianship and legal custody to the commissioner 
11.6    through a consent to adopt are preferred permanency options for a child who cannot 
11.7    return home.
11.8     (d) If the child is not returned to the home, the court must order one of the following 
11.9    dispositions:
11.10    (1) permanent legal and physical custody to a relative in the best interests of the 
11.11   child according to the following conditions:
11.12    (i) an order for transfer of permanent legal and physical custody to a relative shall 
11.13   only be made after the court has reviewed the suitability of the prospective legal and 
11.14   physical custodian;
11.15    (ii) in transferring permanent legal and physical custody to a relative, the juvenile 
11.16   court shall follow the standards applicable under this chapter and chapter 260, and the 
11.17   procedures set out in the juvenile court rules;
11.18    (iii) an order establishing permanent legal and physical custody under this 
11.19   subdivision must be filed with the family court;
11.20    (iv) a transfer of legal and physical custody includes responsibility for the protection, 
11.21   education, care, and control of the child and decision making on behalf of the child;
11.22    (v) the social services agency may bring a petition or motion naming a fit and 
11.23   willing relative as a proposed permanent legal and physical custodian.  The commissioner 
11.24   of human services shall annually prepare for counties information that must be given to 
11.25   proposed custodians about their legal rights and obligations as custodians together with 
11.26   information on financial and medical benefits for which the child is eligible; and
11.27    (vi) the juvenile court may maintain jurisdiction over the responsible social services 
11.28   agency, the parents or guardian of the child, the child, and the permanent legal and 
11.29   physical custodian for purposes of ensuring appropriate services are delivered to the child 
11.30   and permanent legal custodian or for the purpose of ensuring conditions ordered by the 
11.31   court related to the care and custody of the child are met;
11.32    (2) termination of parental rights according to the following conditions:
11.33    (i) unless the social services agency has already filed a petition for termination of 
11.34   parental rights under section 260C.307, the court may order such a petition filed and all 
11.35   the requirements of sections 260C.301 to 260C.328 remain applicable; and
12.1     (ii) an adoption completed subsequent to a determination under this subdivision may 
12.2    include an agreement for communication or contact under section 259.58;
12.3     (3) long-term foster care according to the following conditions:
12.4     (i) the court may order a child into long-term foster care only if it finds compelling 
12.5    reasons that neither an award of permanent legal and physical custody to a relative, nor 
12.6    termination of parental rights is in the child's best interests; and
12.7     (ii) further, the court may only order long-term foster care for the child under this 
12.8    section if it finds the following:
12.9     (A) the child has reached age 12 and reasonable efforts by the responsible social 
12.10   services agency have failed to locate an adoptive family for the child; or
12.11    (B) the child is a sibling of a child described in subitem (A) and the siblings have a 
12.12   significant positive relationship and are ordered into the same long-term foster care home;
12.13    (4) foster care for a specified period of time according to the following conditions:
12.14    (i) foster care for a specified period of time may be ordered only if:
12.15    (A) the sole basis for an adjudication that the child is in need of protection or 
12.16   services is the child's behavior;
12.17    (B) the court finds that foster care for a specified period of time is in the best 
12.18   interests of the child; and
12.19    (C) the court finds compelling reasons that neither an award of permanent legal 
12.20   and physical custody to a relative, nor termination of parental rights is in the child's 
12.21   best interests;
12.22    (ii) the order does not specify that the child continue in foster care for any period 
12.23   exceeding one year; or
12.24    (5) guardianship and legal custody to the commissioner of human services under 
12.25   the following procedures and conditions:
12.26    (i) there is an identified prospective adoptive home that has agreed to adopt the 
12.27   child, agreed to by the responsible social services agency having legal custody of the child 
12.28   pursuant to court order under this section, and the court accepts the parent's voluntary 
12.29   consent to adopt under section 259.24;
12.30    (ii) if the court accepts a consent to adopt in lieu of ordering one of the other 
12.31   enumerated permanency dispositions, the court must review the matter at least every 90 
12.32   days.  The review will address the reasonable efforts of the agency to achieve a finalized 
12.33   adoption;
12.34    (iii) a consent to adopt under this clause vests all legal authority regarding the child, 
12.35   including guardianship and legal custody of the child, with the commissioner of human 
12.36   services as if the child were a state ward after termination of parental rights;
13.1     (iv) the court must forward a copy of the consent to adopt, together with a certified 
13.2    copy of the order transferring guardianship and legal custody to the commissioner, to the 
13.3    commissioner; and 
13.4     (v) if an adoption is not finalized by the identified prospective adoptive parent within 
13.5    12 months of the execution of the consent to adopt under this clause, the commissioner of 
13.6    human services or the commissioner's delegate shall pursue adoptive placement in another 
13.7    home unless the commissioner certifies that the failure to finalize is not due to either an 
13.8    action or a failure to act by the prospective adoptive parent; and 
13.9    (vi) notwithstanding item (v), the commissioner of human services or the 
13.10   commissioner's designee must pursue adoptive placement in another home as soon 
13.11   as the commissioner or commissioner's designee determines that finalization of the 
13.12   adoption with the identified prospective adoptive parent is not possible, that the identified 
13.13   prospective adoptive parent is not willing to adopt the child, that the identified prospective 
13.14   adoptive parent is not cooperative in completing the steps necessary to finalize the 
13.15   adoption, or upon the commissioner's determination to withhold consent to the adoption.
13.16    (e) In ordering a permanent placement of a child, the court must be governed by the 
13.17   best interests of the child, including a review of the relationship between the child and 
13.18   relatives and the child and other important persons with whom the child has resided or 
13.19   had significant contact.
13.20    (f) Once a permanent placement determination has been made and permanent 
13.21   placement has been established, further court reviews are necessary if:
13.22    (1) the placement is long-term foster care or foster care for a specified period of time;
13.23    (2) the court orders further hearings because it has retained jurisdiction of a transfer 
13.24   of permanent legal and physical custody matter;
13.25    (3) an adoption has not yet been finalized; or
13.26    (4) there is a disruption of the permanent or long-term placement.
13.27    (g) Court reviews of an order for long-term foster care, whether under this section or 
13.28   section 260C.317, subdivision 3, paragraph (d), or foster care for a specified period of 
13.29   time must be conducted at least yearly and must review the child's out-of-home placement 
13.30   plan and the reasonable efforts of the agency to:
13.31    (1) identify a specific long-term foster home for the child or a specific foster home 
13.32   for the time the child is specified to be out of the care of the parent, if one has not already 
13.33   been identified;
13.34    (2) support continued placement of the child in the identified home, if one has been 
13.35   identified;
14.1     (3) ensure appropriate services are provided to the child during the period of 
14.2    long-term foster care or foster care for a specified period of time;
14.3     (4) plan for the child's independence upon the child's leaving long-term foster care 
14.4    living as required under section 260C.212, subdivision 1; and
14.5     (5) where placement is for a specified period of time, a plan for the safe return of 
14.6    the child to the care of the parent.
14.7     (h) An order under this subdivision must include the following detailed findings:
14.8     (1) how the child's best interests are served by the order;
14.9     (2) the nature and extent of the responsible social service agency's reasonable 
14.10   efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent 
14.11   or parents;
14.12    (3) the parent's or parents' efforts and ability to use services to correct the conditions 
14.13   which led to the out-of-home placement; and
14.14    (4) whether the conditions which led to the out-of-home placement have been 
14.15   corrected so that the child can return home.
14.16    (i) An order for permanent legal and physical custody of a child may be modified 
14.17   under sections 518.18 and 518.185.  The social services agency is a party to the proceeding 
14.18   and must receive notice.  A parent may only seek modification of an order for long-term 
14.19   foster care upon motion and a showing by the parent of a substantial change in the parent's 
14.20   circumstances such that the parent could provide appropriate care for the child and that 
14.21   removal of the child from the child's permanent placement and the return to the parent's 
14.22   care would be in the best interest of the child.
14.23    (j) The court shall issue an order required under this section within 15 days of the 
14.24   close of the proceedings.  The court may extend issuing the order an additional 15 days 
14.25   when necessary in the interests of justice and the best interests of the child.

14.26       Sec. 13. [260C.209] BACKGROUND CHECKS.
14.27       Subdivision 1. Subjects. (a) The responsible social services agency must conduct 
14.28   a background check of the following under this section:
14.29   (1) a noncustodial parent or nonadjudicated parent who is being assessed for 
14.30   purposes of providing day-to-day care of a child temporarily or permanently under section 
14.31   260C.212, subdivision 4, and any member of the parent's household who is over 13 years 
14.32   of age when there is a reasonable cause to believe that the parent or household member 
14.33   over 13 years of age has a criminal history or a history of maltreatment of a child or 
14.34   vulnerable adult which would endanger the child's health, safety, or welfare;
15.1    (2) an individual whose suitability for relative placement under section 260C.212, 
15.2    subdivision 5, is being determined, and any member of the relative's household who is 
15.3    over 13 years of age when: (i) the relative must be licensed for foster care; (ii) the agency 
15.4    must conduct a background study under section 259.53, subdivision 2; or (iii) the agency 
15.5    has reasonable cause to believe the relative or household member over 13 years of age has 
15.6    a criminal history which would not make transfer of permanent legal and physical custody 
15.7    to the relative under section 260C.201, subdivision 11, in the child's best interest; and
15.8    (3) a parent, following an out-of-home placement, when the responsible social 
15.9    services agency has reasonable cause to believe that the parent has been convicted of a 
15.10   crime directly related to the parent's capacity to maintain the child's health, safety, or 
15.11   welfare or the parent is the subject of an open investigation of, or has been the subject 
15.12   of a substantiated allegation of, child or vulnerable-adult maltreatment within the past 
15.13   ten years.
15.14   (b) As used in this subdivision, "reasonable cause" means that the agency has 
15.15   received information or a report from the subject or a third person that creates an 
15.16   articulable suspicion that the individual has a history that may pose a risk to the health, 
15.17   safety, or welfare of the child.  The information or report must be specific to the potential 
15.18   subject of the background check and must not be based on the race, religion, ethnic 
15.19   background, age, class, or lifestyle of the potential subject.
15.20       Subd. 2. General procedures. (a) When conducting a background check under 
15.21   subdivision 1, the agency may require the individual being assessed to provide sufficient 
15.22   information to ensure an accurate assessment under this section, including the individual's:
15.23   (1) first, middle, and last name and all other names by which the individual has 
15.24   been known;
15.25   (2) home address, zip code, city, county, and state of residence for the past ten years;
15.26   (3) sex;
15.27   (4) date of birth; and 
15.28   (5) driver's license number or state identification number.
15.29   (b) When notified by the responsible social services agency that it is conducting an 
15.30   assessment under this section, the Bureau of Criminal Apprehension, the commissioners 
15.31   of health and human services, law enforcement, and county agencies must provide the 
15.32   responsible social services agency or county attorney with the following information 
15.33   on the individual being assessed:  criminal history data, reports about the maltreatment 
15.34   of adults substantiated under section 626.557, and reports of maltreatment of minors 
15.35   substantiated under section 626.556.
16.1         Subd. 3. Multistate information. (a) For any assessment completed under this 
16.2    section, if the responsible social services agency has reasonable cause to believe that the 
16.3    individual is a multistate offender, the individual must provide the responsible social 
16.4    services agency or the county attorney with a set of classifiable fingerprints obtained from 
16.5    an authorized law enforcement agency.  The responsible social services agency or county 
16.6    attorney may obtain criminal history data from the National Criminal Records Repository 
16.7    by submitting the fingerprints to the Bureau of Criminal Apprehension.
16.8    (b) For purposes of this subdivision, the responsible social services agency has 
16.9    reasonable cause when, but not limited to:
16.10   (1) information from the Bureau of Criminal Apprehension indicates that the 
16.11   individual is a multistate offender;
16.12   (2) information from the Bureau of Criminal Apprehension indicates that multistate 
16.13   offender status is undetermined;
16.14   (3) the social services agency has received a report from the individual or a third 
16.15   party indicating that the individual has a criminal history in a jurisdiction other than 
16.16   Minnesota; or 
16.17   (4) the individual is or has been a resident of a state other than Minnesota at any 
16.18   time during the prior ten years.
16.19       Subd. 4. Notice upon receipt. The responsible social services agency must provide 
16.20   the subject of the background study with the results of the study under this section within 
16.21   15 business days of receipt or at least 15 days prior to the hearing at which the results will 
16.22   be presented, whichever comes first.  The subject may provide written information to the 
16.23   agency that the results are incorrect and may provide additional or clarifying information 
16.24   to the agency and to the court through a party to the proceeding.  This provision does not 
16.25   apply to any background study conducted under chapters 245A and 245C.

16.26       Sec. 14. Minnesota Statutes 2004, section 260C.212, subdivision 4, is amended to read:
16.27        Subd. 4. Responsible social service agency's duties for children in placement.  (a) 
16.28   When a child is in placement, the responsible social services agency shall make diligent 
16.29   efforts to identify, locate, and, where appropriate, offer services to both parents of the child.
16.30    (1) If The responsible social services agency shall assess whether a noncustodial 
16.31   or nonadjudicated parent is willing and capable of providing for the day-to-day care of 
16.32   the child temporarily or permanently.  An assessment under this clause may include, but 
16.33   is not limited to, obtaining information under section 260C.209.  If after assessment, 
16.34   the responsible social services agency determines that a noncustodial or nonadjudicated 
16.35   parent is willing and capable of providing day-to-day care of the child, the responsible 
17.1    social services agency may seek authority from the custodial parent or the court to have 
17.2    that parent assume day-to-day care of the child.  If a parent is not an adjudicated parent, 
17.3    the responsible social services agency shall require the nonadjudicated parent to cooperate 
17.4    with paternity establishment procedures as part of the case plan.
17.5     (2) If, after assessment, the responsible social services agency determines that the 
17.6    child cannot be in the day-to-day care of either parent,:
17.7    (i) the agency shall prepare an out-of-home placement plan addressing the conditions 
17.8    that each parent must meet before the child can be in that parent's day-to-day care;
17.9    (ii) provide a parent who is the subject of a background study under section 
17.10   260C.209, 15 days' notice that it intends to use the study to recommend against putting the 
17.11   child with that parent, as well as the notice provided in section 260C.209, subdivision 4, 
17.12   and the court shall afford the parent an opportunity to be heard concerning the study; and 
17.13   (iii) the results of a background study of a noncustodial parent shall not be used by 
17.14   the agency to determine that the parent is incapable of providing day-to-day care of the 
17.15   child unless the agency reasonably believes that placement of the child into the home of 
17.16   that parent would endanger the child's health, safety, or welfare.
17.17    (3) If, after the provision of services following an out-of-home placement plan under 
17.18   this section, the child cannot return to the care of the parent from whom the child was 
17.19   removed or who had legal custody at the time the child was placed in foster care, the 
17.20   agency may petition on behalf of a noncustodial parent to establish legal custody with 
17.21   that parent under section 260C.201, subdivision 11.  If paternity has not already been 
17.22   established, it may be established in the same proceeding in the manner provided for 
17.23   under chapter 257.
17.24    (4) The responsible social services agency may be relieved of the requirement to 
17.25   locate and offer services to both parents by the juvenile court upon a finding of good cause 
17.26   after the filing of a petition under section 260C.141.
17.27    (b) The responsible social services agency shall give notice to the parent or parents 
17.28   or guardian of each child in a residential facility, other than a child in placement due 
17.29   solely to that child's developmental disability or emotional disturbance, of the following 
17.30   information:
17.31    (1) that residential care of the child may result in termination of parental rights or an 
17.32   order permanently placing the child out of the custody of the parent, but only after notice 
17.33   and a hearing as required under chapter 260C and the juvenile court rules;
17.34    (2) time limits on the length of placement and of reunification services, including 
17.35   the date on which the child is expected to be returned to and safely maintained in the 
18.1    home of the parent or parents or placed for adoption or otherwise permanently removed 
18.2    from the care of the parent by court order;
18.3     (3) the nature of the services available to the parent;
18.4     (4) the consequences to the parent and the child if the parent fails or is unable to use 
18.5    services to correct the circumstances that led to the child's placement;
18.6     (5) the first consideration for placement with relatives;
18.7     (6) the benefit to the child in getting the child out of residential care as soon as 
18.8    possible, preferably by returning the child home, but if that is not possible, through a 
18.9    permanent legal placement of the child away from the parent;
18.10    (7) when safe for the child, the benefits to the child and the parent of maintaining 
18.11   visitation with the child as soon as possible in the course of the case and, in any event, 
18.12   according to the visitation plan under this section; and
18.13    (8) the financial responsibilities and obligations, if any, of the parent or parents for 
18.14   the support of the child during the period the child is in the residential facility.
18.15    (c) The responsible social services agency shall inform a parent considering 
18.16   voluntary placement of a child who is not developmentally disabled or emotionally 
18.17   disturbed of the following information:
18.18    (1) the parent and the child each has a right to separate legal counsel before signing a 
18.19   voluntary placement agreement, but not to counsel appointed at public expense;
18.20    (2) the parent is not required to agree to the voluntary placement, and a parent 
18.21   who enters a voluntary placement agreement may at any time request that the agency 
18.22   return the child.  If the parent so requests, the child must be returned within 24 hours of 
18.23   the receipt of the request;
18.24    (3) evidence gathered during the time the child is voluntarily placed may be used 
18.25   at a later time as the basis for a petition alleging that the child is in need of protection 
18.26   or services or as the basis for a petition seeking termination of parental rights or other 
18.27   permanent placement of the child away from the parent;
18.28    (4) if the responsible social services agency files a petition alleging that the child is 
18.29   in need of protection or services or a petition seeking the termination of parental rights 
18.30   or other permanent placement of the child away from the parent, the parent would have 
18.31   the right to appointment of separate legal counsel and the child would have a right to the 
18.32   appointment of counsel and a guardian ad litem as provided by law, and that counsel will 
18.33   be appointed at public expense if they are unable to afford counsel; and
18.34    (5) the timelines and procedures for review of voluntary placements under 
18.35   subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 
18.36   permanent placement determination hearing under section 260C.201, subdivision 11.
19.1     (d) When an agency accepts a child for placement, the agency shall determine 
19.2    whether the child has had a physical examination by or under the direction of a licensed 
19.3    physician within the 12 months immediately preceding the date when the child came into 
19.4    the agency's care.  If there is documentation that the child has had an examination within 
19.5    the last 12 months, the agency is responsible for seeing that the child has another physical 
19.6    examination within one year of the documented examination and annually in subsequent 
19.7    years.  If the agency determines that the child has not had a physical examination within 
19.8    the 12 months immediately preceding placement, the agency shall ensure that the child 
19.9    has an examination within 30 days of coming into the agency's care and once a year 
19.10   in subsequent years.

19.11       Sec. 15. Minnesota Statutes 2004, section 484.65, subdivision 9, is amended to read:
19.12       Subd. 9. Referees; review appeal. All recommended orders and findings of 
19.13   a referee shall be subject to confirmation by said district court judge. Review of any 
19.14   recommended order or finding of a referee by the district court judge may be had by 
19.15   notice served and filed within ten days of effective notice of such recommended order or 
19.16   finding. The notice of review shall specify the grounds for such review and the specific 
19.17   provisions of the recommended findings or orders disputed, and said district court judge, 
19.18   upon receipt of such notice of review, shall set a time and place for such review hearing. 
19.19   Fourth Judicial District Family Court referee orders and decrees may be appealed directly 
19.20   to the Court of Appeals in the same manner as judicial orders and decrees. The time for 
19.21   appealing an appealable referee order runs from service by any party of written notice of 
19.22   the filing of the confirmed order.
19.23   EFFECTIVE DATE.This section is effective the day following final enactment.

19.24       Sec. 16. Minnesota Statutes 2004, section 518.091, subdivision 1, is amended to read:
19.25       Subdivision 1. Temporary restraining orders. (a) Every summons must include 
19.26   the notice in this subdivision.
19.27   NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
19.28   RESOLUTION PROVISIONS
19.29   UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
19.30   FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
19.31   UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
19.32   DISMISSED:
19.33   (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE 
19.34   NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR 
20.1    PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR 
20.2    RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
20.3    (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
20.4    (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
20.5    MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
20.6    BENEFICIARY DESIGNATION.
20.7    IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
20.8    TO SANCTIONS BY THE COURT.
20.9    (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
20.10   ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION 
20.11   PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION 
20.12   INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET 
20.13   FORTH IN THE DISTRICT COURT RULES SHALL PARTICIPATE IN A MINIMUM 
20.14   OF TWO HOURS OF MEDIATION WITHIN 60 DAYS OF COMMENCEMENT OF 
20.15   A DIVORCE ACTION BY SERVICE OF THIS SUMMONS, UNLESS THE PARTIES 
20.16   FILE A SIGNED MARITAL TERMINATION AGREEMENT WITH THE COURT 
20.17   DURING THAT TIME OR DO NOT HAVE THE MEANS TO DEFRAY THE COST 
20.18   OF THE MEDIATION. YOU MAY CONTACT THE COURT ADMINISTRATOR 
20.19   ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION 
20.20   OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
20.21   MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A 
20.22   COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS 
20.23   OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
20.24   NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
20.25   THE COURT IN LATER PROCEEDINGS.
20.26   (b) Upon service of the summons, the restraining provisions contained in the notice 
20.27   apply by operation of law upon both parties until modified by further order of the court or 
20.28   dismissal of the proceeding, unless more than one year has passed since the last document 
20.29   was filed with the court.

20.30       Sec. 17. Minnesota Statutes 2004, section 518.1705, subdivision 4, is amended to read:
20.31       Subd. 4. Custody designation. A final judgment and decree that includes a 
20.32   parenting plan using alternate terms to designate decision-making responsibilities or 
20.33   allocation of residential time between the parents must designate whether the parents 
20.34   have joint legal custody or joint physical custody or which parent has sole legal custody 
20.35   or sole physical custody, or both. This designation is solely for enforcement of the final 
21.1    judgment and decree where this designation is required for that enforcement and has no 
21.2    effect under the laws of this state, any other state, or another country that do not require 
21.3    this designation. If the parenting plan substitutes other terms for legal and physical 
21.4    custody and if a designation of legal and physical custody is necessary for enforcement 
21.5    of the judgment and decree in another jurisdiction, it must be considered solely for that 
21.6    purpose that the parents have joint legal and joint physical custody. Under Minnesota law, 
21.7    a parenting plan does not require a designation of sole or joint, legal or physical custody.

21.8        Sec. 18. Minnesota Statutes 2004, section 518.1705, subdivision 7, is amended to read:
21.9         Subd. 7. Moving the child to another state.  Parents may agree, but the court 
21.10   must not require, that in a parenting plan the factors in section 518.17 or 257.025, as 
21.11   applicable, upon the legal standard that will govern a decision concerning removal of a 
21.12   child's residence from this state, provided that:
21.13    (1) both parents were represented by counsel when the parenting plan was approved; 
21.14   or
21.15    (2) the court found the parents were fully informed, the agreement was voluntary, 
21.16   and the parents were aware of its implications.

21.17       Sec. 19. Minnesota Statutes 2004, section 518.175, is amended by adding a subdivision 
21.18   to read:
21.19       Subd. 1b. Rebuttable presumption. There is a rebuttable presumption that the 
21.20   parent not granted physical custody shall be granted 30 percent parenting time. This 
21.21   presumption may be overcome if the court makes specific findings that this is not in the 
21.22   best interests of the child under section 518.17, subdivision 1. 

21.23       Sec. 20. Minnesota Statutes 2004, section 518.175, subdivision 3, is amended to read:
21.24        Subd. 3. Move to another state.  The parent with whom the child resides shall not 
21.25   move the residence of the child to another state except upon order of the court or with the 
21.26   consent of the other parent, if the other parent has been given parenting time by the decree.  
21.27   If the purpose of the move is to interfere with parenting time given to the other parent by 
21.28   the decree, the court shall not permit the child's residence to be moved to another state.
21.29   The court shall apply a best interests standard when considering the request of the 
21.30   parent with whom the child resides to move the child's residence to another state.  The 
21.31   factors the court must consider in determining the child's best interests include, but are not 
21.32   limited to, the following:
22.1    (1) the nature, quality, extent of involvement, and duration of the child's relationship 
22.2    with the person proposing to relocate and with the nonrelocating person, siblings, and 
22.3    other significant persons in the child's life;
22.4    (2) the age, developmental stage, needs of the child, and the likely impact the 
22.5    relocation will have on the child's physical, educational, and emotional development, 
22.6    taking into consideration any special needs of the child;
22.7    (3) the feasibility of preserving the relationship between the nonrelocating person 
22.8    and the child through suitable parenting time arrangements, considering the logistics 
22.9    and financial circumstances of the parties;
22.10   (4) the child's preference, taking into consideration the age and maturity of the child;
22.11   (5) whether there is an established pattern of conduct of the person seeking the 
22.12   relocation either to promote or thwart the relationship of the child and the nonrelocating 
22.13   person;
22.14   (6) whether the relocation of the child will enhance the general quality of the life for 
22.15   both the custodial parent seeking the relocation and the child including, but not limited to, 
22.16   financial or emotional benefit or educational opportunity;
22.17   (7) the reasons of each person for seeking or opposing the relocation; and 
22.18   (8) the effect on the safety and welfare of the child, or of the parent requesting to 
22.19   move the child's residence, of domestic abuse, as defined in section 518B.01.
22.20   The burden of proof is upon the parent requesting to move the residence of the 
22.21   child to another state, except that if the court finds that the person requesting permission 
22.22   to move has been a victim of domestic abuse by the other parent, the burden of proof is 
22.23   upon the parent opposing the move.  The court must consider all of the factors in this 
22.24   subdivision in determining the best interests of the child.

22.25       Sec. 21. Minnesota Statutes 2004, section 518.179, is amended by adding a subdivision 
22.26   to read:
22.27       Subd. 1a. Custody of child. A person convicted of a crime described in subdivision 
22.28   2 may not be considered for custody of a child unless the child is the person's child by 
22.29   birth or adoption.

22.30       Sec. 22. Minnesota Statutes 2004, section 518.18, is amended to read:
22.31    518.18 MODIFICATION OF ORDER.
22.32    (a) Unless agreed to in writing by the parties, no motion to modify a custody order 
22.33   or parenting plan may be made earlier than one year after the date of the entry of a decree 
23.1    of dissolution or legal separation containing a provision dealing with custody, except in 
23.2    accordance with paragraph (c).
23.3     (b) If a motion for modification has been heard, whether or not it was granted, unless 
23.4    agreed to in writing by the parties no subsequent motion may be filed within two years 
23.5    after disposition of the prior motion on its merits, except in accordance with paragraph (c).
23.6     (c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a 
23.7    motion to modify a custody order or parenting plan if the court finds that there is persistent 
23.8    and willful denial or interference with parenting time, or has reason to believe that the 
23.9    child's present environment may endanger the child's physical or emotional health or 
23.10   impair the child's emotional development.
23.11    (d) If the court has jurisdiction to determine child custody matters, the court shall 
23.12   not modify a prior custody order or a parenting plan provision which specifies the child's 
23.13   primary residence unless it finds, upon the basis of facts, including unwarranted denial of, 
23.14   or interference with, a duly established parenting time schedule, that have arisen since the 
23.15   prior order or that were unknown to the court at the time of the prior order, that a change 
23.16   has occurred in the circumstances of the child or the parties and that the modification is 
23.17   necessary to serve the best interests of the child.  In applying these standards the court 
23.18   shall retain the custody arrangement or the parenting plan provision specifying the child's 
23.19   primary residence that was established by the prior order unless:
23.20    (i) the court finds that a change in the custody arrangement or primary residence is in 
23.21   the best interests of the child and the parties previously agreed, in a writing approved by a 
23.22   court, to apply the best interests standard in section 518.17 or 257.025, as applicable; and, 
23.23   with respect to agreements approved by a court on or after April 28, 2000, both parties 
23.24   were represented by counsel when the agreement was approved or the court found the 
23.25   parties were fully informed, the agreement was voluntary, and the parties were aware 
23.26   of its implications;
23.27    (ii) both parties agree to the modification;
23.28    (iii) the child has been integrated into the family of the petitioner with the consent of 
23.29   the other party; or 
23.30    (iv) the child's present environment endangers the child's physical or emotional 
23.31   health or impairs the child's emotional development and the harm likely to be caused by a 
23.32   change of environment is outweighed by the advantage of a change to the child; or 
23.33   (v) the court has denied a request of the primary custodial parent to move the 
23.34   residence of the child to another state, and the primary custodial parent has relocated 
23.35   to another state despite the court's order.
24.1     In addition, a court may modify a custody order or parenting plan under section 
24.2    631.52.
24.3     (e) In deciding whether to modify a prior joint custody order, the court shall apply 
24.4    the standards set forth in paragraph (d) unless:  (1) the parties agree in writing to the 
24.5    application of a different standard, or (2) the party seeking the modification is asking the 
24.6    court for permission to move the residence of the child to another state.
24.7     (f) If a parent has been granted sole physical custody of a minor and the child 
24.8    subsequently lives with the other parent, and temporary sole physical custody has been 
24.9    approved by the court or by a court-appointed referee, the court may suspend the obligor's 
24.10   child support obligation pending the final custody determination.  The court's order 
24.11   denying the suspension of child support must include a written explanation of the reasons 
24.12   why continuation of the child support obligation would be in the best interests of the child.

24.13       Sec. 23. Minnesota Statutes 2004, section 518.191, subdivision 2, is amended to read:
24.14        Subd. 2. Required information.  A summary real estate disposition judgment 
24.15   must contain the following information: (1) the full caption and file number of the case 
24.16   and the title "Summary Real Estate Disposition Judgment"; (2) the dates of the parties' 
24.17   marriage and of the entry of the judgment and decree of dissolution; (3) the names of 
24.18   the parties' attorneys or if either or both appeared pro se; (4) the name of the judge and 
24.19   referee, if any, who signed the order for judgment and decree; (5) whether the judgment 
24.20   and decree resulted from a stipulation, a default, or a trial and the appearances at the 
24.21   default or trial; (6) if the judgment and decree resulted from a stipulation, whether 
24.22   disposition of the property was stipulated to by legal description; (7) if the judgment 
24.23   and decree resulted from a default, whether the petition contained the legal description 
24.24   of the property and disposition was made in accordance with the request for relief, and 
24.25   how service of the summons and petition was made; (8) whether either party changed the 
24.26   party's name through the judgment and decree; (7) (9) the legal description of each parcel 
24.27   of real estate; (8) (10) the name or names of the persons awarded an interest in each 
24.28   parcel of real estate and a description of the interest awarded; (9) (11) liens, mortgages, 
24.29   encumbrances, or other interests in the real estate described in the judgment and decree; 
24.30   and (10) (12) triggering or contingent events set forth in the judgment and decree affecting 
24.31   the disposition of each parcel of real estate.

24.32       Sec. 24. Minnesota Statutes 2004, section 518.191, subdivision 4, is amended to read:
24.33       Subd. 4. Transfer of property. The summary real estate disposition judgment 
24.34   operates as a conveyance and transfer of each interest in the real estate in the manner 
25.1    and to the extent described in the summary real estate disposition judgment, even if the 
25.2    judgment and decree states that a deed is required.

25.3        Sec. 25. Minnesota Statutes 2004, section 518.54, subdivision 4a, is amended to read:
25.4         Subd. 4a. Support order. (a) "Support order" means a judgment, decree, or order, 
25.5    whether temporary, final, or subject to modification, issued by a court or administrative 
25.6    agency of competent jurisdiction,:
25.7    (1) for the support and maintenance of a child, including a child who has attained 
25.8    the age of majority under the law of the issuing state, or; 
25.9    (2) for a child and the parent with whom the child is living, that provides for 
25.10   monetary support, child care, medical support including expenses for confinement and 
25.11   pregnancy, arrearages, or reimbursement, and that; or 
25.12   (3) for the maintenance of a spouse.
25.13   (b) The support order may include related costs and fees, interest and penalties, 
25.14   income withholding, and other relief. This definition applies to orders issued under this 
25.15   chapter and chapters 256, 257, and 518C.

25.16       Sec. 26. Minnesota Statutes 2004, section 518.54, subdivision 14, is amended to read:
25.17        Subd. 14. Iv-d case.  "IV-D case" means a case where a party has assigned to the 
25.18   state rights to child support because of the receipt of public assistance as defined in section 
25.19   256.741 or has applied for child support services under title IV-D of the Social Security 
25.20   Act, United States Code, title 42, section 654(4). An obligation for spousal maintenance 
25.21   under subdivision 4a, paragraph (a), clause (3), is not an IV-D case.

25.22       Sec. 27. Minnesota Statutes 2004, section 518.54, is amended by adding a subdivision 
25.23   to read:
25.24       Subd. 15. Income withholding only services. "Income withholding only services" 
25.25   means the services provided by the public authority to collect payments pursuant to a 
25.26   support order but does not include other enforcement services provided by the public 
25.27   authority for IV-D cases.  Notices required for income withholding under this section 
25.28   shall be initiated by the applicant for services.  An obligation for spousal maintenance 
25.29   under subdivision 4a, paragraph (a), clause (3), is only eligible for income withholding 
25.30   only services.

25.31       Sec. 28. Minnesota Statutes 2004, section 518.551, subdivision 1, is amended to read:
26.1         Subdivision 1. Scope; payment to public agency.  (a) This section applies to all 
26.2    proceedings involving a support order, including, but not limited to, a support order 
26.3    establishing an order for past support or reimbursement of public assistance.
26.4     (b) The court shall direct that all payments ordered for maintenance and or support 
26.5    be made to the public agency responsible for child support enforcement so long as the 
26.6    obligee is receiving or has applied for public assistance, or has applied for child support 
26.7    and or maintenance collection services.  Public authorities responsible for child support 
26.8    enforcement may act on behalf of other public authorities responsible for child support 
26.9    enforcement.  This includes the authority to represent the legal interests of or execute 
26.10   documents on behalf of the other public authority in connection with the establishment, 
26.11   enforcement, and collection of child support, maintenance, or medical support, and 
26.12   collection on judgments.
26.13    (c) Payments made to the public authority other than payments under section 
26.14   518.6111 must be credited as of the date the payment is received by the central collections 
26.15   unit.
26.16    (d) Amounts received by the public agency responsible for child support enforcement 
26.17   greater than the amount granted to the obligee shall be remitted to the obligee.

26.18       Sec. 29. Minnesota Statutes 2004, section 518.58, subdivision 4, is amended to read:
26.19        Subd. 4. Pension plans.  (a) The division of marital property that represents pension 
26.20   plan benefits or rights in the form of future pension plan payments:
26.21    (1) is payable only to the extent of the amount of the pension plan benefit payable 
26.22   under the terms of the plan;
26.23    (2) is not payable for a period that exceeds the time that pension plan benefits are 
26.24   payable to the pension plan benefit recipient;
26.25    (3) is not payable in a lump sum amount from defined benefit public pension plan 
26.26   assets attributable in any fashion to a spouse with the status of an active member, deferred 
26.27   retiree, or benefit recipient of a pension plan;
26.28    (4) if the former spouse to whom the payments are to be made dies prior to the end 
26.29   of the specified payment period with the right to any remaining payments accruing to an 
26.30   estate or to more than one survivor, is payable only to a trustee on behalf of the estate or 
26.31   the group of survivors for subsequent apportionment by the trustee; and
26.32    (5) in the case of defined benefit public pension plan benefits or rights, may not 
26.33   commence until the public plan member submits a valid application for a public pension 
26.34   plan benefit and the benefit becomes payable.
27.1     (b) The individual retirement account plans established under chapter 354B may 
27.2    provide in its plan document, if published and made generally available, for an alternative 
27.3    marital property division or distribution of individual retirement account plan assets.  If an 
27.4    alternative division or distribution procedure is provided, it applies in place of paragraph 
27.5    (a), clause (5).

27.6        Sec. 30. EFFECTIVE DATE.
27.7    Sections 25 to 28 are effective the day following final enactment.