HF 409

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:46pm

A bill for an act
relating to children; modifying provisions for termination of parental rights;
modifying custody award procedures; amending Minnesota Statutes 2020, sections
260C.301, by adding a subdivision; 518.619, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 518.

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

Section 1.

Minnesota Statutes 2020, section 260C.301, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Termination; conception due to criminal sexual conduct. new text end

new text begin (a) The juvenile
court may upon petition by a parent terminate all rights of the other parent to a child if it
finds, by clear and convincing evidence, the other parent:
new text end

new text begin (1) committed criminal sexual conduct as described in section 609.342 or 609.344; and
new text end

new text begin (2) the criminal sexual conduct resulted in the conception of the child.
new text end

new text begin (b) For the purposes of proving a parent has committed criminal sexual conduct as
described in section 609.342 or 609.344, any of the following is conclusive evidence that
the parent committed criminal sexual conduct against the other parent: proof of a criminal
conviction, as defined in section 609.02, subdivision 5; an Alford plea; a Norgaard plea; a
no contest plea; or any other judicial admission or finding of guilt, regardless of whether
the adjudication was stayed or executed.
new text end

Sec. 2.

new text begin [518.1791] EFFECT ON CUSTODY AND PARENTING TIME;
CONCEPTION DUE TO CRIMINAL SEXUAL CONDUCT.
new text end

new text begin (a) In any proceeding under section 518.131, 518.17, 518.175, or 518.18, a party may
file a motion to stay the proceeding pending a hearing on allegations, supported by an
affidavit, that the other party committed criminal sexual conduct as described in section
609.342 or 609.344 and the criminal sexual conduct resulted in the conception of the child.
The court must grant the motion and stay the proceeding pending the outcome of a hearing
on the motion.
new text end

new text begin (b) Upon a finding that the motioning party has proven the allegations by clear and
convincing evidence, the court must enter an order awarding:
new text end

new text begin (1) sole legal and sole physical custody of the child to the motioning party; and
new text end

new text begin (2) no parenting time with the child to the other party.
new text end

new text begin (c) For the purposes of proving a party has committed criminal sexual conduct as
described in section 609.342 or 609.344, any of the following is conclusive evidence that
the party committed criminal sexual conduct against the other party: proof of a criminal
conviction, as defined in section 609.02, subdivision 5; an Alford plea; a Norgaard plea; a
no contest plea; or any other judicial admission or finding of guilt, regardless of whether
the adjudication was stayed or executed.
new text end

new text begin (d) Upon a finding that the motioning party has not proven the allegations by clear and
convincing evidence, the court shall lift the stay.
new text end

new text begin (e) Records maintained by the court regarding proceedings on a motion subject to this
section are not accessible to the public except by court order for the purpose of enforcing
the order in the proceeding or for other good cause as determined by the court.
new text end

new text begin (f) Nothing in this section prevents the motioning party from taking legal action to obtain
an order for child support.
new text end

Sec. 3.

Minnesota Statutes 2020, section 518.619, subdivision 2, is amended to read:

Subd. 2.

Exception.

If the court determines that there is probable cause that one of the
parties, or a child of a party, has been physically or sexually abused by the other party, new text begin or
that a parent has filed a motion under section 518.1791, new text end the court shall not require or refer
the parties to mediation or any other process that requires parties to meet and confer without
counsel, if any, present.