HF 2397

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 07/09/2019 01:29pm

A bill for an act
relating to human services; modifying policy provisions governing children and
families services; amending Minnesota Statutes 2018, sections 13.461, subdivision
28; 119B.02, subdivision 6; 518A.35, subdivision 1; 518A.53, subdivision 11;
518A.685; proposing coding for new law in Minnesota Statutes, chapter 518A.

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

Section 1.

Minnesota Statutes 2018, section 13.461, subdivision 28, is amended to read:

Subd. 28.

Child care assistance program.

Data collected, maintained, used, or
disseminated by the welfare system pertaining to persons selected as legal nonlicensed child
care providers by families receiving child care assistance are classified under section 119B.02,
subdivision 6 new text begin , paragraph (a). new text end new text begin Child care assistance program payment data is classified under
section 119B.02, subdivision 6, paragraph (b) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119B.02, subdivision 6, is amended to read:

Subd. 6.

Data.

new text begin (a) new text end Data collected, maintained, used, or disseminated by the welfare
system pertaining to persons selected as legal nonlicensed child care providers by families
receiving child care assistance shall be treated as licensing data as provided in section 13.46,
subdivision 4.

new text begin (b) For purposes of this paragraph, "child care assistance program payment data" means
data for a specified time period showing (1) that a child care assistance program payment
under this chapter was made, and (2) the amount of child care assistance payments made
to a child care center. Child care assistance program payment data may include the number
of families and children on whose behalf payments were made for the specified time period.
Any child care assistance program payment data that may identify a specific child care
assistance recipient or benefit paid on behalf of a specific child care assistance recipient,
as determined by the commissioner, is private data on individuals as defined in section
13.02, subdivision 12. Data related to a child care assistance payment is public if the data
relates to a child care assistance payment made to a licensed child care center or a child
care center exempt from licensure and:
new text end

new text begin (1) the child care center receives payment of more than $100,000 from the child care
assistance program under this chapter in a period of one year or less; or
new text end

new text begin (2) when the commissioner or county agency either:
new text end

new text begin (i) disqualified the center from receipt of a payment from the child care assistance
program under this chapter for wrongfully obtaining child care assistance under section
256.98, subdivision 8, paragraph (c);
new text end

new text begin (ii) refused a child care authorization, revoked a child care authorization, stopped
payment, or denied payment for a bill for the center under section 119B.13, subdivision 6,
paragraph (d); or
new text end

new text begin (iii) made a finding of financial misconduct under section 245E.02.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 518A.35, subdivision 1, is amended to read:

Subdivision 1.

Determination of support obligation.

(a) The guideline in this section
is a rebuttable presumption and shall be used in any judicial or administrative proceeding
to establish or modify a support obligation under this chapter.

(b) The basic child support obligation shall be determined by referencing the guideline
for the appropriate number of joint children and the combined parental income for
determining child support of the parents.

(c) If a child is not in the custody of either parent and a support order is sought against
one or both parents, the basic child support obligation shall be determined by referencing
the guideline for the appropriate number of joint children, and the parent's individual parental
income for determining child support, not the combined parental incomes for determining
child support of the parents. Unless a parent has court-ordered parenting time, the parenting
expense adjustment formula under section 518A.34 must not be applied.

(d) If a child is in new text begin the new text end custody of either parent and a support order is sought deleted text begin by the public
authority deleted text end new text begin in an action involving only one parent new text end under section 256.87, unless the parent
against whom the support order is sought has court-ordered parenting time, the support
obligation must be determined by referencing the guideline for the appropriate number of
joint children and the parent's individual income without application of the parenting expense
adjustment formula under section 518A.34.

(e) For combined parental incomes for determining child support exceeding $15,000
per month, the presumed basic child support obligations shall be as for parents with combined
parental income for determining child support of $15,000 per month. A basic child support
obligation in excess of this level may be demonstrated for those reasons set forth in section
518A.43.

Sec. 4.

Minnesota Statutes 2018, section 518A.53, subdivision 11, is amended to read:

Subd. 11.

Lump-sum payments.

Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this
section shall:

(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and

(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or

(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

deleted text begin The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 518A.685, is amended to read:

518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f) deleted text end new text begin (e) new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

Sec. 6.

new text begin [518A.80] MOTION TO TRANSFER TO TRIBAL COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Case participant" means a party to the case that is a natural person.
new text end

new text begin (c) "District court" means a district court of the state of Minnesota.
new text end

new text begin (d) "Party" means a person or entity named or admitted as a party or seeking to be
admitted as a party in the district court action, including the county IV-D agency, whether
or not named in the caption.
new text end

new text begin (e) "Tribal court" means a tribal court of a federally recognized Indian tribe located in
Minnesota that is receiving funding from the federal government to operate a child support
program under United States Code, title 42, chapter 7, subchapter IV, part D, sections 654
to 669b.
new text end

new text begin (f) "Tribal IV-D agency" has the meaning given to "tribal IV-D agency" in Code of
Federal Regulations, title 45, part 309.05.
new text end

new text begin (g) "Title IV-D child support case" has the meaning given to "IV-D case" in section
518A.26, subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Actions eligible for transfer. new text end

new text begin For purposes of this section, a postjudgment
child support, custody, or parenting time action is eligible for transfer to tribal court. A child
protection action or a dissolution action involving a child is not eligible for transfer to tribal
court pursuant to this section.
new text end

new text begin Subd. 3. new text end

new text begin Motion to transfer. new text end

new text begin (a) A party's or tribal IV-D agency's motion to transfer to
tribal court shall state and allege:
new text end

new text begin (1) the address of each case participant;
new text end

new text begin (2) the tribal affiliation of each case participant, if any;
new text end

new text begin (3) the name, tribal affiliation, if any, and date of birth of each living minor or dependent
child of a case participant who is subject to the action; and
new text end

new text begin (4) the legal and factual basis for the court to make a finding that there is concurrent
jurisdiction in the case.
new text end

new text begin (b) A party or tribal IV-D agency bringing a motion to transfer to tribal court must file
with the court and serve the required documents on each party and the tribal IV-D agency,
regardless of whether the tribal IV-D agency is a party.
new text end

new text begin (c) A party's or tribal IV-D agency's motion to transfer must be accompanied by an
affidavit setting forth facts in support of its motion.
new text end

new text begin (d) When a motion to transfer is not brought by the tribal IV-D agency, an affidavit of
the tribal IV-D agency stating whether the tribal IV-D agency provides services to a party
must be filed and served on each party within 15 days from the date of service of the motion.
new text end

new text begin Subd. 4. new text end

new text begin Order to transfer to tribal court. new text end

new text begin (a) Unless a hearing is held under subdivision
6, upon motion of a party or a tribal IV-D agency, a district court must transfer a
postjudgment child support, custody, or parenting time action to a tribal court when the
district court finds:
new text end

new text begin (1) the district court and tribal court have concurrent jurisdiction;
new text end

new text begin (2) a case participant is receiving services from the tribal IV-D agency; and
new text end

new text begin (3) no party or tribal IV-D agency files and serves a timely objection to the transfer.
new text end

new text begin (b) When the requirements of this subdivision are satisfied, the district court is not
required to hold a hearing. The district court's order transferring the action to tribal court
must contain written findings on each requirement of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Objection to motion to transfer. new text end

new text begin (a) To object to a motion to transfer to a
tribal court, a party or tribal IV-D agency must file with the court and serve on each party
and the tribal IV-D agency a responsive motion objecting to the motion to transfer within
30 days from the date of service of the motion to transfer.
new text end

new text begin (b) If a party or tribal IV-D agency files with the court and properly serves a timely
objection to the motion to transfer to a tribal court, the district court must conduct a hearing.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin If a hearing is held under this section, the district court must evaluate
and make written findings on all relevant factors, including:
new text end

new text begin (1) whether an issue requires interpretation of tribal law, including the tribal constitution,
statutes, bylaws, ordinances, resolutions, treaties, or case law;
new text end

new text begin (2) whether the action involves tribal traditional or cultural matters;
new text end

new text begin (3) whether the tribe is a party;
new text end

new text begin (4) whether tribal sovereignty, jurisdiction, or territory is an issue;
new text end

new text begin (5) the tribal membership status of each case participant;
new text end

new text begin (6) where the claim arises;
new text end

new text begin (7) the location of the residence of each case participant and the child;
new text end

new text begin (8) whether the parties have by contract chosen a forum or the law to be applied in the
event of a dispute;
new text end

new text begin (9) the timing of any motion to transfer to tribal court, considering each party's and the
court's expenditure of time and resources, and the district court's scheduling order;
new text end

new text begin (10) the court in which the action can be heard and decided most expeditiously;
new text end

new text begin (11) the burdens on each party, including cost, access to and admissibility of evidence,
and matters of procedure; and
new text end

new text begin (12) any other factor the court determines relevant.
new text end

new text begin Subd. 7. new text end

new text begin Future exercise of jurisdiction. new text end

new text begin Nothing in this section shall be construed to
limit the district court's exercise of jurisdiction where the tribal court waives jurisdiction,
transfers the action back to district court, or otherwise declines to exercise jurisdiction over
the action.
new text end

new text begin Subd. 8. new text end

new text begin Transfer to Red Lake Nation Tribal Court. new text end

new text begin When a party or tribal IV-D
agency brings a motion to transfer to the Red Lake Nation Tribal Court, the court must
transfer the action if the case participants and child resided within the boundaries of the
Red Lake Reservation for the preceding six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end