HF 761

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

A bill for an act
relating to family law; changing certain requirements
and procedures; requiring notification of certain
convictions by custodial parent; changing certain
paternity presumptions; limiting child custody rights
of persons with certain convictions; changing
procedures for removing a child's residence from the
state; authorizing Department of Human Services to
collect spousal maintenance; amending Minnesota
Statutes 2004, sections 257.55, subdivision 1; 257.57,
subdivision 2; 257.62, subdivision 5; 257C.03,
subdivision 7; 259.24, subdivisions 1, 2a, 5, 6a;
260C.201, subdivision 11; 260C.212, subdivision 4;
484.65, subdivision 9; 518.1705, subdivision 7;
518.175, subdivision 3; 518.179, by adding a
subdivision; 518.18; 518.191, subdivisions 2, 4;
518.54, subdivision 4a; 518.551, subdivision 1;
518.58, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 257; 260C.

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

Section 1.

new text begin [257.026] NOTIFICATION OF RESIDENCE WITH
CERTAIN CONVICTED PERSONS.
new text end

new text begin A person who is granted custody of a child under this
chapter or chapter 518 must notify the child's noncustodial
parent, if any, and the court that granted the custody if the
person with custody marries or begins living in the same
residence with a person who has been convicted of a crime listed
in section 518.179, subdivision 2. The court must hold a
hearing within 30 days to determine whether the existing custody
situation is still in the best interests of the child or custody
of the child should be transferred to a different person.
new text end

Sec. 2.

Minnesota Statutes 2004, section 257.55,
subdivision 1, is amended to read:

Subdivision 1.

Presumption.

A man is presumed to be the
biological father of a child if:

(a) He and the child's biological mother are or have been
married to each other and the child is born during the marriage,
or within 280 days after the marriage is terminated by death,
annulment, declaration of invalidity, dissolution, or divorce,
or after a decree of legal separation is entered by a court.
The presumption in this paragraph does not apply if the man has
joined in a recognition of parentage recognizing another man as
the biological father under section 257.75, subdivision 1a;

(b) Before the child's birth, he and the child's biological
mother have attempted to marry each other by a marriage
solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or
otherwise invalid, and,

(1) if the attempted marriage could be declared invalid
only by a court, the child is born during the attempted
marriage, or within 280 days after its termination by death,
annulment, declaration of invalidity, dissolution or divorce; or

(2) if the attempted marriage is invalid without a court
order, the child is born within 280 days after the termination
of cohabitation;

(c) After the child's birth, he and the child's biological
mother have married, or attempted to marry, each other by a
marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared void, voidable,
or otherwise invalid, and,

(1) he has acknowledged his paternity of the child in
writing filed with the state registrar of vital statistics;

(2) with his consent, he is named as the child's father on
the child's birth record; or

(3) he is obligated to support the child under a written
voluntary promise or by court order;

(d) deleted text begin While the child is under the age of majority, he
receives the child into his home deleted text end new text begin During the first two years of
the child's life, he resided in the same household with the
child for at least 12 months new text end and openly deleted text begin holds deleted text end new text begin held new text end out the child
as his deleted text begin biological child deleted text end new text begin own new text end ;

(e) He and the child's biological mother acknowledge his
paternity of the child in a writing signed by both of them under
section 257.34 and filed with the state registrar of vital
statistics. If another man is presumed under this paragraph to
be the child's father, acknowledgment may be effected only with
the written consent of the presumed father or after the
presumption has been rebutted;

(f) deleted text begin Evidence of statistical probability of paternity based
on blood or genetic testing establishes the likelihood that he
is the father of the child, calculated with a prior probability
of no more than 0.5 (50 percent), is 99 percent or greater;
deleted text end

deleted text begin (g) deleted text end He and the child's biological mother have executed a
recognition of parentage in accordance with section 257.75 and
another man is presumed to be the father under this subdivision;

deleted text begin (h) deleted text end new text begin (g) new text end He and the child's biological mother have executed
a recognition of parentage in accordance with section 257.75 and
another man and the child's mother have executed a recognition
of parentage in accordance with section 257.75; or

deleted text begin (i) deleted text end new text begin (h) new text end He and the child's biological mother executed a
recognition of parentage in accordance with section 257.75 when
either or both of the signatories were less than 18 years of age.

Sec. 3.

Minnesota Statutes 2004, section 257.57,
subdivision 2, is amended to read:

Subd. 2.

Actions under other paragraphs of section
257.55, subdivision 1.

The child, the mother, or personal
representative of the child, the public authority chargeable by
law with the support of the child, the personal representative
or a parent of the mother if the mother has died or is a minor,
a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the
alleged father has died or is a minor may bring an action:

(1) at any time for the purpose of declaring the existence
of the father and child relationship presumed under deleted text begin section
deleted text end new text begin sections new text end 257.55, subdivision 1, paragraph (d), (e), deleted text begin (f), deleted text end (g), or
(h), new text begin and 257.62, subdivision 5, paragraph (b), new text end or the
nonexistence of the father and child relationship presumed under
new text begin section 257.55, subdivision 1, new text end clause (d) deleted text begin of that subdivision deleted text end ;

(2) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.55,
subdivision 1, paragraph (e) or (g), only if the action is
brought within six months after the person bringing the action
obtains the results of blood or genetic tests that indicate that
the presumed father is not the father of the child;

(3) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section deleted text begin 257.55,
subdivision 1, paragraph (f) deleted text end new text begin 257.62, subdivision 5, paragraph
(b) new text end , only if the action is brought within three years after the
party bringing the action, or the party's attorney of record,
has been provided the blood or genetic test results; or

(4) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.75,
subdivision 9, only if the action is brought by the minor
signatory within six months after the minor signatory reaches
the age of 18. In the case of a recognition of parentage
executed by two minor signatories, the action to declare the
nonexistence of the father and child relationship must be
brought within six months after the youngest signatory reaches
the age of 18.

Sec. 4.

Minnesota Statutes 2004, section 257.62,
subdivision 5, is amended to read:

Subd. 5.

Positive test results.

(a) If the results of
blood or genetic tests completed in a laboratory accredited by
the American Association of Blood Banks indicate that the
likelihood of the alleged father's paternity, calculated with a
prior probability of no more than 0.5 (50 percent), is 92
percent or greater, upon motion the court shall order the
alleged father to pay temporary child support determined
according to chapter 518. The alleged father shall pay the
support money to the public authority if the public authority is
a party and is providing services to the parties or, if not,
into court pursuant to the Rules of Civil Procedure to await the
results of the paternity proceedings.

(b) If the results of blood or genetic tests completed in a
laboratory accredited by the American Association of Blood Banks
indicate that likelihood of the alleged father's paternity,
calculated with a prior probability of no more than 0.5 (50
percent), is 99 percent or greater, new text begin there is an evidentiary
presumption that new text end the alleged father is deleted text begin presumed to be deleted text end the deleted text begin parent
deleted text end new text begin biological father new text end and the party opposing the establishment of
the alleged father's paternity has the burden of proving by
clear and convincing evidence that the alleged father is not the
father of the child.

new text begin (c) A determination under this subdivision that the alleged
father is the biological father does not preclude the
adjudication of another man as the legal father pursuant to
section 257.55, subdivision 2, nor does it allow the donor of
genetic material for assisted reproduction for the benefit of
the recipient parent or parents, whether sperm or ovum (egg), to
claim to be the child's biological or legal parent or both.
new text end

Sec. 5.

Minnesota Statutes 2004, section 257C.03,
subdivision 7, is amended to read:

Subd. 7.

Interested third party; burden of proof;
factors.

(a) To establish that an individual is an interested
third party, the individual must:

(1) show by clear and convincing evidence that one of the
following factors exist:

(i) the parent has abandoned, neglected, or otherwise
exhibited disregard for the child's well-being to the extent
that the child will be harmed by living with the parent;

(ii) placement of the child with the individual takes
priority over preserving the day-to-day parent-child
relationship because of the presence of physical or emotional
danger to the child, or both; or

(iii) other extraordinary circumstances; deleted text begin and
deleted text end

(2) prove by a preponderance of the evidence that it is in
the best interests of the child to be in the custody of the
interested third party new text begin ; and
new text end

new text begin (3) show by clear and convincing evidence that granting the
petition would not violate section 518.179, subdivision 1a new text end .

(b) The following factors must be considered by the court
in determining an interested third party's petition:

(1) the amount of involvement the interested third party
had with the child during the parent's absence or during the
child's lifetime;

(2) the amount of involvement the parent had with the child
during the parent's absence;

(3) the presence or involvement of other interested third
parties;

(4) the facts and circumstances of the parent's absence;

(5) the parent's refusal to comply with conditions for
retaining custody set forth in previous court orders;

(6) whether the parent now seeking custody was previously
prevented from doing so as a result of domestic violence;

(7) whether a sibling of the child is already in the care
of the interested third party; and

(8) the existence of a standby custody designation under
chapter 257B.

(c) In determining the best interests of the child, the
court must apply the standards in section 257C.04.

Sec. 6.

Minnesota Statutes 2004, section 259.24,
subdivision 1, is amended to read:

Subdivision 1.

Exceptions.

No child shall be adopted
without the consent of the child's parents and the child's
guardian, if there be one, except in the following instances:

(a) Consent shall not be required of a parent not entitled
to notice of the proceedings.

(b) Consent shall not be required of a parent who has
abandoned the child, or of a parent who has lost custody of the
child through a divorce decree or a decree of dissolution, and
upon whom notice has been served as required by section 259.49.

(c) Consent shall not be required of a parent whose
parental rights to the child have been terminated by a juvenile
court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior
adoption proceeding.

(d) If there be no parent or guardian qualified to consent
to the adoption, the consent deleted text begin may deleted text end new text begin must new text end be given by the
commissioner. new text begin After the court accepts a parent's consent to the
adoption under section 260C.201, subdivision 11, consent by the
commissioner or the commissioner's designee is also necessary.
Agreement to the identified prospective adoptive parent by the
responsible social services agency under section 260C.201,
subdivision 11, does not constitute the required consent.
new text end

(e) The commissioner or agency having authority to place a
child for adoption pursuant to section 259.25, subdivision 1,
shall have the exclusive right to consent to the adoption of
such child. The commissioner or agency shall make every effort
to place siblings together for adoption. Notwithstanding any
rule to the contrary, the commissioner may delegate the right to
consent to the adoption or separation of siblings, if it is in
the child's best interest, to a local social services agency.

Sec. 7.

Minnesota Statutes 2004, section 259.24,
subdivision 2a, is amended to read:

Subd. 2a.

Time of consent; notice of intent to consent to
adoption.

(a) Not sooner than 72 hours after the birth of a
child and not later than 60 days after the child's placement in
a prospective adoptive home, a person whose consent is required
under this section shall execute a consent.

(b) Unless all birth parents from whom consent is required
under this section are involved in making the adoptive placement
and intend to consent to the adoption, a birth parent who
intends to execute a consent to an adoption must give notice to
the child's other birth parent of the intent to consent to the
adoption prior to or within 72 hours following the placement of
the child, if the other birth parent's consent to the adoption
is required under subdivision 1. The birth parent who receives
notice shall have 60 days after the placement of the child to
either consent or refuse to consent to the adoption. If the
birth parent who receives notice fails to take either of these
actions, that parent shall be deemed to have irrevocably
consented to the child's adoption. new text begin The notice provisions of
chapter 260C and the rules of juvenile protection procedure
shall apply to both parents when the consent to adopt is
executed under section 260C.201, subdivision 11.
new text end

(c) When notice is required under this subdivision, it
shall be provided to the other birth parent according to the
Rules of Civil Procedure for service of a summons and complaint.

Sec. 8.

Minnesota Statutes 2004, section 259.24,
subdivision 5, is amended to read:

Subd. 5.

Execution.

All consents to an adoption shall be
in writing, executed before two competent witnesses, and
acknowledged by the consenting party. In addition, all consents
to an adoption, except those by the commissioner, the
commissioner's agent, a licensed child-placing agency, an adult
adoptee, or the child's parent in a petition for adoption by a
stepparent, shall be executed before a representative of the
commissioner, the commissioner's agent, or a licensed
child-placing agency. All consents by a parent:

(1) shall contain notice to the parent of the substance of
subdivision 6a, providing for the right to withdraw
consent new text begin unless the parent will not have the right to withdraw
consent because consent was executed under section 260C.201,
subdivision 11, following proper notice that consent given under
that provision is irrevocable upon acceptance by the court as
provided in subdivision 6a new text end ; and

(2) shall contain the following written notice in all
capital letters at least one-eighth inch high:

"This agency will submit your consent to adoption to the
court. The consent itself does not terminate your parental
rights. Parental rights to a child may be terminated only by an
adoption decree or by a court order terminating parental
rights. Unless the child is adopted or your parental rights are
terminated, you may be asked to support the child."

Consents shall be filed in the adoption proceedings at any
time before the matter is heard provided, however, that a
consent executed and acknowledged outside of this state, either
in accordance with the law of this state or in accordance with
the law of the place where executed, is valid.

Sec. 9.

Minnesota Statutes 2004, section 259.24,
subdivision 6a, is amended to read:

Subd. 6a.

Withdrawal of consent.

new text begin Except for consents
executed under section 260C.201, subdivision 11, new text end a parent's
consent to adoption may be withdrawn for any reason within ten
working days after the consent is executed and acknowledged.
Written notification of withdrawal of consent must be received
by the agency to which the child was surrendered no later than
the tenth working day after the consent is executed and
acknowledged. On the day following the tenth working day after
execution and acknowledgment, the consent shall become
irrevocable, except upon order of a court of competent
jurisdiction after written findings that consent was obtained by
fraud. new text begin A consent to adopt executed under section 260C.201,
subdivision 11, is irrevocable upon proper notice to both
parents of the effect of a consent to adopt and acceptance by
the court, except upon order of the same court after written
findings that the consent was obtained by fraud. new text end In proceedings
to determine the existence of fraud, the adoptive parents and
the child shall be made parties. The proceedings shall be
conducted to preserve the confidentiality of the adoption
process. There shall be no presumption in the proceedings
favoring the birth parents over the adoptive parents.

Sec. 10.

Minnesota Statutes 2004, section 260C.201,
subdivision 11, is amended to read:

Subd. 11.

Review of court-ordered placements; permanent
placement determination.

(a) This subdivision and subdivision
11a do not apply in cases where the child is in placement due
solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the
responsible social services agency, and where the court finds
compelling reasons under section 260C.007, subdivision 8, to
continue the child in foster care past the time periods
specified in this subdivision. Foster care placements of
children due solely to their disability are governed by section
260C.141, subdivision 2b. In all other cases where the child is
in foster care or in the care of a noncustodial parent under
subdivision 1, the court shall conduct a hearing to determine
the permanent status of a child not later than 12 months after
the child is placed in foster care or in the care of a
noncustodial parent.

For purposes of this subdivision, the date of the child's
placement in foster care is the earlier of the first
court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's
parent or guardian. For purposes of this subdivision, time
spent by a child under the protective supervision of the
responsible social services agency in the home of a noncustodial
parent pursuant to an order under subdivision 1 counts towards
the requirement of a permanency hearing under this subdivision
or subdivision 11a.

For purposes of this subdivision, 12 months is calculated
as follows:

(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed in foster care or in the home of a noncustodial
parent are cumulated;

(2) if a child has been placed in foster care within the
previous five years under one or more previous petitions, the
lengths of all prior time periods when the child was placed in
foster care within the previous five years are cumulated. If a
child under this clause has been in foster care for 12 months or
more, the court, if it is in the best interests of the child and
for compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an
additional six months before making a permanency determination.

(b) Unless the responsible social services agency
recommends return of the child to the custodial parent or
parents, not later than 30 days prior to this hearing, the
responsible social services agency shall file pleadings in
juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph
(d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination and there is a trial under
section 260C.163 scheduled on that petition within 90 days of
the filing of the petition, no hearing need be conducted under
this subdivision.

(c) At the conclusion of the hearing, the court shall order
the child returned to the care of the parent or guardian from
whom the child was removed or order a permanent placement in the
child's best interests. The "best interests of the child" means
all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental
rights, or guardianship and legal custody to the commissioner
through a consent to adopt are preferred permanency options for
a child who cannot return home.

(d) If the child is not returned to the home, the court
must order one of the following dispositions:

(1) permanent legal and physical custody to a relative in
the best interests of the child according to the following
conditions:

(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has
reviewed the suitability of the prospective legal and physical
custodian;

(ii) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards
applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;

(iii) an order establishing permanent legal and physical
custody under this subdivision must be filed with the family
court;

(iv) a transfer of legal and physical custody includes
responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child;

(v) the social services agency may bring a petition or
motion naming a fit and willing relative as a proposed permanent
legal and physical custodian. The commissioner of human
services shall annually prepare for counties information that
must be given to proposed custodians about their legal rights
and obligations as custodians together with information on
financial and medical benefits for which the child is eligible;
and

(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of
the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are
delivered to the child and permanent legal custodian or for the
purpose of ensuring conditions ordered by the court related to
the care and custody of the child are met;

(2) termination of parental rights according to the
following conditions:

(i) unless the social services agency has already filed a
petition for termination of parental rights under section
260C.307, the court may order such a petition filed and all the
requirements of sections 260C.301 to 260C.328 remain applicable;
and

(ii) an adoption completed subsequent to a determination
under this subdivision may include an agreement for
communication or contact under section 259.58;

(3) long-term foster care according to the following
conditions:

(i) the court may order a child into long-term foster care
only if it finds compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
and

(ii) further, the court may only order long-term foster
care for the child under this section if it finds the following:

(A) the child has reached age 12 and reasonable efforts by
the responsible social services agency have failed to locate an
adoptive family for the child; or

(B) the child is a sibling of a child described in subitem
(A) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home;

(4) foster care for a specified period of time according to
the following conditions:

(i) foster care for a specified period of time may be
ordered only if:

(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;

(B) the court finds that foster care for a specified period
of time is in the best interests of the child; and

(C) the court finds compelling reasons that neither an
award of permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;

(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or

(5) guardianship and legal custody to the commissioner of
human services under the following procedures and conditions:

(i) there is an identified prospective adoptive home that
has agreed to adopt the child new text begin and agreed to by the responsible
social services agency having legal custody of the child
pursuant to court order under this section new text end and the court accepts
the parent's voluntary consent to adopt under section 259.24;

(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions,
the court must review the matter at least every 90 days. The
review will address the reasonable efforts of the agency to
achieve a finalized adoption;

(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal
custody of the child, with the commissioner of human services as
if the child were a state ward after termination of parental
rights;

(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring
guardianship and legal custody to the commissioner, to the
commissioner; deleted text begin and
deleted text end

(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of
the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue
adoptive placement in another home unless the commissioner
certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent new text begin ;
and
new text end

new text begin (vi) notwithstanding item (v), the commissioner of human
services or the commissioner's designee must pursue adoptive
placement in another home as soon as the commissioner or
commissioner's designee determines that finalization of the
adoption with the identified prospective adoptive parent is not
possible, that the identified prospective adoptive parent is not
willing to adopt the child, that the identified prospective
adoptive parent is not cooperative in completing the steps
necessary to finalize the adoption, or upon the commissioner's
determination to withhold consent to the adoption new text end .

(e) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a
review of the relationship between the child and relatives and
the child and other important persons with whom the child has
resided or had significant contact.

(f) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews are necessary if:

(1) the placement is long-term foster care or foster care
for a specified period of time;

(2) the court orders further hearings because it has
retained jurisdiction of a transfer of permanent legal and
physical custody matter;

(3) an adoption has not yet been finalized; or

(4) there is a disruption of the permanent or long-term
placement.

(g) Court reviews of an order for long-term foster care,
whether under this section or section 260C.317, subdivision 3,
paragraph (d), or foster care for a specified period of time
must be conducted at least yearly and must review the child's
out-of-home placement plan and the reasonable efforts of the
agency to:

(1) identify a specific long-term foster home for the child
or a specific foster home for the time the child is specified to
be out of the care of the parent, if one has not already been
identified;

(2) support continued placement of the child in the
identified home, if one has been identified;

(3) ensure appropriate services are provided to the child
during the period of long-term foster care or foster care for a
specified period of time;

(4) plan for the child's independence upon the child's
leaving long-term foster care living as required under section
260C.212, subdivision 1; and

(5) where placement is for a specified period of time, a
plan for the safe return of the child to the care of the parent.

(h) An order under this subdivision must include the
following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts to reunify the child with the parent or parents;

(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement; and

(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.

(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must
receive notice. A parent may only seek modification of an order
for long-term foster care upon motion and a showing by the
parent of a substantial change in the parent's circumstances
such that the parent could provide appropriate care for the
child and that removal of the child from the child's permanent
placement and the return to the parent's care would be in the
best interest of the child.

(j) The court shall issue an order required under this
section within 15 days of the close of the proceedings. The
court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of
the child.

Sec. 11.

new text begin [260C.209] BACKGROUND CHECKS.
new text end

new text begin Subdivision 1. new text end

new text begin Subjects. new text end

new text begin (a) The responsible social
services agency must conduct a background check of the following
under this section:
new text end

new text begin (1) a noncustodial parent or nonadjudicated parent who is
being assessed for purposes of providing day-to-day care of a
child temporarily or permanently under section 260C.212,
subdivision 4, and any member of the parent's household who is
over 13 years of age when there is a reasonable cause to believe
that the parent or household member over 13 years of age has a
criminal history or a history of maltreatment of a child or
vulnerable adult which would endanger the child's health,
safety, or welfare;
new text end

new text begin (2) an individual whose suitability for relative placement
under section 260C.212, subdivision 5, is being determined, and
any member of the relative's household who is over 13 years of
age when: (i) the relative must be licensed for foster care;
(ii) the agency must conduct a background study under section
259.53, subdivision 2; or (iii) the agency has reasonable cause
to believe the relative or household member over 13 years of age
has a criminal history which would not make transfer of
permanent legal and physical custody to the relative under
section 260C.201, subdivision 11, in the child's best interest;
and
new text end

new text begin (3) a parent, following an out-of-home placement, when the
responsible social services agency has reasonable cause to
believe that the parent has been convicted of a crime directly
related to the parent's capacity to maintain the child's health,
safety, or welfare or the parent is the subject of an open
investigation of, or has been the subject of a substantiated
allegation of, child or vulnerable-adult maltreatment within the
past ten years.
new text end

new text begin (b) As used in this subdivision, "reasonable cause" means
that the agency has received information or a report from the
subject or a third person that creates an articulable suspicion
that the individual has a history that may pose a risk to the
health, safety, or welfare of the child. The information or
report must be specific to the potential subject of the
background check and must not be based on the race, religion,
ethnic background, age, class, or lifestyle of the potential
subject.
new text end

new text begin Subd. 2. new text end

new text begin General procedures. new text end

new text begin (a) When conducting a
background check under subdivision 1, the agency may require the
individual being assessed to provide sufficient information to
ensure an accurate assessment under this section, including the
individual's:
new text end

new text begin (1) first, middle, and last name and all other names by
which the individual has been known;
new text end

new text begin (2) home address, zip code, city, county, and state of
residence for the past ten years;
new text end

new text begin (3) sex;
new text end

new text begin (4) date of birth; and
new text end

new text begin (5) driver's license number or state identification number.
new text end

new text begin (b) When notified by the responsible social services agency
that it is conducting an assessment under this section, the
Bureau of Criminal Apprehension, the commissioners of health and
human services, law enforcement, and county agencies must
provide the responsible social services agency or county
attorney with the following information on the individual being
assessed: criminal history data, reports about the maltreatment
of adults substantiated under section 626.557, and reports of
maltreatment of minors substantiated under section 626.556.
new text end

new text begin Subd. 3. new text end

new text begin Multistate information. new text end

new text begin (a) For any assessment
completed under this section, if the responsible social services
agency has reasonable cause to believe that the individual is a
multistate offender, the individual must provide the responsible
social services agency or the county attorney with a set of
classifiable fingerprints obtained from an authorized law
enforcement agency. The responsible social services agency or
county attorney may obtain criminal history data from the
National Criminal Records Repository by submitting the
fingerprints to the Bureau of Criminal Apprehension.
new text end

new text begin (b) For purposes of this subdivision, the responsible
social services agency has reasonable cause when, but not
limited to:
new text end

new text begin (1) information from the Bureau of Criminal Apprehension
indicates that the individual is a multistate offender;
new text end

new text begin (2) information from the Bureau of Criminal Apprehension
indicates that multistate offender status is undetermined;
new text end

new text begin (3) the social services agency has received a report from
the individual or a third party indicating that the individual
has a criminal history in a jurisdiction other than Minnesota;
or
new text end

new text begin (4) the individual is or has been a resident of a state
other than Minnesota at any time during the prior ten years.
new text end

new text begin Subd. 4. new text end

new text begin Notice upon receipt. new text end

new text begin The responsible social
services agency must provide the subject of the background study
with the results of the study under this section within 15
business days of receipt or at least 15 days prior to the
hearing at which the results will be presented, whichever comes
first. The subject may provide written information to the
agency that the results are incorrect and may provide additional
or clarifying information to the agency and to the court through
a party to the proceeding. This provision does not apply to any
background study conducted under chapters 245A and 245C.
new text end

Sec. 12.

Minnesota Statutes 2004, section 260C.212,
subdivision 4, is amended to read:

Subd. 4.

Responsible social service agency's duties for
children in placement.

(a) When a child is in placement, the
responsible social services agency shall make diligent efforts
to identify, locate, and, where appropriate, offer services to
both parents of the child.

(1) deleted text begin If deleted text end new text begin The responsible social services agency shall assess
whether new text end a noncustodial or nonadjudicated parent is willing and
capable of new text begin temporarily or permanently new text end providing for the
day-to-day care of the child new text begin . An assessment under this clause
may include, but is not limited to, obtaining information under
section 260C.209. If after assessment, the responsible social
services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of
the child new text end , the responsible social services agency may seek
authority from the custodial parent or the court to have that
parent assume day-to-day care of the child. If a parent is not
an adjudicated parent, the responsible social services agency
shall require the nonadjudicated parent to cooperate with
paternity establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services
agency determines that the child cannot be in the day-to-day
care of either parent, the agency shall new text begin :
new text end

new text begin (i) new text end prepare an out-of-home placement plan addressing the
conditions that each parent must meet before the child can be in
that parent's day-to-day care new text begin ; and
new text end

new text begin (ii) provide a parent who is the subject of a background
study under section 260C.209, 15 days' notice that it intends to
use the study to recommend against putting the child with that
parent, as well as the notice provided in section 260C.209,
subdivision 4, and the court shall afford the parent an
opportunity to be heard concerning the study.
new text end

new text begin (3) The results of a background study of a noncustodial
parent must not be used by the agency to determine that the
parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the
child into the home of that parent would endanger the child's
health, safety, or welfare new text end .

deleted text begin (3) deleted text end new text begin (4) new text end If, after the provision of services following an
out-of-home placement plan under this section, the child cannot
return to the care of the parent from whom the child was removed
or who had legal custody at the time the child was placed in
foster care, the agency may petition on behalf of a noncustodial
parent to establish legal custody with that parent under section
260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the
manner provided for under chapter 257.

deleted text begin (4) deleted text end new text begin (5) new text end The responsible social services agency may be
relieved of the requirement to locate and offer services to both
parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give
notice to the parent or parents or guardian of each child in a
residential facility, other than a child in placement due solely
to that child's developmental disability or emotional
disturbance, of the following information:

(1) that residential care of the child may result in
termination of parental rights or an order permanently placing
the child out of the custody of the parent, but only after
notice and a hearing as required under chapter 260C and the
juvenile court rules;

(2) time limits on the length of placement and of
reunification services, including the date on which the child is
expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise
permanently removed from the care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the
parent fails or is unable to use services to correct the
circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of
residential care as soon as possible, preferably by returning
the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and
the parent of maintaining visitation with the child as soon as
possible in the course of the case and, in any event, according
to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any,
of the parent or parents for the support of the child during the
period the child is in the residential facility.

(c) The responsible social services agency shall inform a
parent considering voluntary placement of a child who is not
developmentally disabled or emotionally disturbed of the
following information:

(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement,
but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement
agreement may at any time request that the agency return the
child. If the parent so requests, the child must be returned
within 24 hours of the receipt of the request;

(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for
a petition alleging that the child is in need of protection or
services or as the basis for a petition seeking termination of
parental rights or other permanent placement of the child away
from the parent;

(4) if the responsible social services agency files a
petition alleging that the child is in need of protection or
services or a petition seeking the termination of parental
rights or other permanent placement of the child away from the
parent, the parent would have the right to appointment of
separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by
law, and that counsel will be appointed at public expense if
they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in
voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.

(d) When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical
examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the
child came into the agency's care. If there is documentation
that the child has had an examination within the last 12 months,
the agency is responsible for seeing that the child has another
physical examination within one year of the documented
examination and annually in subsequent years. If the agency
determines that the child has not had a physical examination
within the 12 months immediately preceding placement, the agency
shall ensure that the child has an examination within 30 days of
coming into the agency's care and once a year in subsequent
years.

Sec. 13.

Minnesota Statutes 2004, section 484.65,
subdivision 9, is amended to read:

Subd. 9.

Referees; deleted text begin review deleted text end new text begin appeal new text end .

All recommended orders
and findings of a referee shall be subject to confirmation by
said district court judge. deleted text begin Review of any recommended order or
finding of a referee by the district court judge may be had by
notice served and filed within ten days of effective notice of
such recommended order or finding. The notice of review shall
specify the grounds for such review and the specific provisions
of the recommended findings or orders disputed, and said
district court judge, upon receipt of such notice of review,
shall set a time and place for such review hearing. deleted text end new text begin Fourth
Judicial District Family Court referee orders and decrees may be
appealed directly to the Court of Appeals in the same manner as
judicial orders and decrees. The time for appealing an
appealable referee order runs from service by any party of
written notice of the filing of the confirmed order.
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. 14.

Minnesota Statutes 2004, section 518.1705,
subdivision 7, is amended to read:

Subd. 7.

Moving the child to another state.

Parents may
agree deleted text begin , but the court must not require, that in a parenting plan
the factors in section 518.17 or 257.025, as applicable, deleted text end new text begin upon
the legal standard that new text end will govern a decision concerning
removal of a child's residence from this state, provided that:

(1) both parents were represented by counsel when the
parenting plan was approved; or

(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its
implications.

Sec. 15.

Minnesota Statutes 2004, section 518.175,
subdivision 3, is amended to read:

Subd. 3.

Move to another state.

The parent with whom the
child resides shall not move the residence of the child to
another state except upon order of the court or with the consent
of the other parent, if the other parent has been given
parenting time by the decree. If the purpose of the move is to
interfere with parenting time given to the other parent by the
decree, the court shall not permit the child's residence to be
moved to another state.

new text begin The court shall apply a best interests standard when
considering the request of the parent with whom the child
resides to move the child's residence to another state. The
factors the court must consider in determining the child's best
interests include, but are not limited to:
new text end

new text begin (1) the nature, quality, extent of involvement, and
duration of the child's relationship with the person proposing
to relocate and with the nonrelocating person, siblings, and
other significant persons in the child's life;
new text end

new text begin (2) the age, developmental stage, needs of the child, and
the likely impact the relocation will have on the child's
physical, educational, and emotional development, taking into
consideration any special needs of the child;
new text end

new text begin (3) the feasibility of preserving the relationship between
the nonrelocating person and the child through suitable
parenting time arrangements, considering the logistics and
financial circumstances of the parties;
new text end

new text begin (4) the child's preference, taking into consideration the
age and maturity of the child;
new text end

new text begin (5) whether there is an established pattern of conduct of
the person seeking the relocation either to promote or thwart
the relationship of the child and the nonrelocating person;
new text end

new text begin (6) whether the relocation of the child will enhance the
general quality of life for both the custodial parent seeking
the relocation and the child including, but not limited to,
financial or emotional benefit or educational opportunity;
new text end

new text begin (7) the reasons of each person for seeking or opposing the
relocation; and
new text end

new text begin (8) the effect on the safety and welfare of the child, or
of the parent requesting to move the child's residence, of
domestic abuse, as defined in section 518B.01.
new text end

new text begin The burden of proof is upon the parent requesting to move
the residence of the child to another state, except that if the
court finds the existence of domestic abuse between the parents,
the burden of proof is upon the parent opposing the move. The
court must consider all of the factors in this subdivision in
determining the best interests of the child.
new text end

Sec. 16.

Minnesota Statutes 2004, section 518.179, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Custody of child. new text end

new text begin A person convicted of a
crime described in subdivision 2 may not be considered for
custody of a child unless the child is the person's child by
birth or adoption.
new text end

Sec. 17.

Minnesota Statutes 2004, section 518.18, is
amended to read:

518.18 MODIFICATION OF ORDER.

(a) Unless agreed to in writing by the parties, no motion
to modify a custody order or parenting plan may be made earlier
than one year after the date of the entry of a decree of
dissolution or legal separation containing a provision dealing
with custody, except in accordance with paragraph (c).

(b) If a motion for modification has been heard, whether or
not it was granted, unless agreed to in writing by the parties
no subsequent motion may be filed within two years after
disposition of the prior motion on its merits, except in
accordance with paragraph (c).

(c) The time limitations prescribed in paragraphs (a) and
(b) shall not prohibit a motion to modify a custody order or
parenting plan if the court finds that there is persistent and
willful denial or interference with parenting time, or has
reason to believe that the child's present environment may
endanger the child's physical or emotional health or impair the
child's emotional development.

(d) If the court has jurisdiction to determine child
custody matters, the court shall not modify a prior custody
order or a parenting plan provision which specifies the child's
primary residence unless it finds, upon the basis of facts,
including unwarranted denial of, or interference with, a duly
established parenting time schedule, that have arisen since the
prior order or that were unknown to the court at the time of the
prior order, that a change has occurred in the circumstances of
the child or the parties and that the modification is necessary
to serve the best interests of the child. In applying these
standards the court shall retain the custody arrangement or the
parenting plan provision specifying the child's primary
residence that was established by the prior order unless:

(i) the court finds that a change in the custody
arrangement or primary residence is in the best interests of the
child and the parties previously agreed, in a writing approved
by a court, to apply the best interests standard in section
518.17 or 257.025, as applicable; and, with respect to
agreements approved by a court on or after April 28, 2000, both
parties were represented by counsel when the agreement was
approved or the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications;

(ii) both parties agree to the modification;

(iii) the child has been integrated into the family of the
petitioner with the consent of the other party; deleted text begin or
deleted text end

(iv) the child's present environment endangers the child's
physical or emotional health or impairs the child's emotional
development and the harm likely to be caused by a change of
environment is outweighed by the advantage of a change to the
child new text begin ; or
new text end

new text begin (v) the court has denied a request of the primary custodial
parent to move the residence of the child to another state, and
the primary custodial parent has relocated to another state
despite the court's order new text end .

In addition, a court may modify a custody order or
parenting plan under section 631.52.

(e) In deciding whether to modify a prior joint custody
order, the court shall apply the standards set forth in
paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking
the modification is asking the court for permission to move the
residence of the child to another state.

(f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent,
and temporary sole physical custody has been approved by the
court or by a court-appointed referee, the court may suspend the
obligor's child support obligation pending the final custody
determination. The court's order denying the suspension of
child support must include a written explanation of the reasons
why continuation of the child support obligation would be in the
best interests of the child.

Sec. 18.

Minnesota Statutes 2004, section 518.191,
subdivision 2, is amended to read:

Subd. 2.

Required information.

A summary real estate
disposition judgment must contain the following information:
(1) the full caption and file number of the case and the title
"Summary Real Estate Disposition Judgment"; (2) the dates of the
parties' marriage and of the entry of the judgment and decree of
dissolution; (3) the names of the parties' attorneys or if
either or both appeared pro se; (4) the name of the judge and
referee, if any, who signed the order for judgment and decree;
(5) whether the judgment and decree resulted from a stipulation,
a default, or a trial and the appearances at the default or
trial; (6) new text begin if the judgment and decree resulted from a
stipulation, whether disposition of the property was stipulated
to by legal description; (7) if the judgment and decree resulted
from a default, whether the petition contained the legal
description of the property and disposition was made in
accordance with the request for relief, and service of the
summons and petition was made personally pursuant to section
543.19 or Rules of Civil Procedure, Rule 4.03(a); (8) new text end whether
either party changed the party's name through the judgment and
decree; deleted text begin (7) deleted text end new text begin (9) new text end the legal description of each parcel of real
estate; deleted text begin (8) deleted text end new text begin (10) new text end the name or names of the persons awarded an
interest in each parcel of real estate and a description of the
interest awarded; deleted text begin (9) deleted text end new text begin (11) new text end liens, mortgages, encumbrances, or
other interests in the real estate described in the judgment and
decree; and deleted text begin (10) deleted text end new text begin (12) new text end triggering or contingent events set forth
in the judgment and decree affecting the disposition of each
parcel of real estate.

Sec. 19.

Minnesota Statutes 2004, section 518.191,
subdivision 4, is amended to read:

Subd. 4.

Transfer of property.

The summary real estate
disposition judgment operates as a conveyance and transfer of
each interest in the real estate in the manner and to the extent
described in the summary real estate disposition
judgment. new text begin Recording of a certified copy of the judgment and
decree or summary real estate disposition judgment is sufficient
to transfer title, create a lien, or effect any other
disposition ordered in the judgment, without a deed or other
conveyance.
new text end

Sec. 20.

Minnesota Statutes 2004, section 518.54,
subdivision 4a, is amended to read:

Subd. 4a.

Support order.

new text begin (a) new text end "Support order" means a
judgment, decree, or order, whether temporary, final, or subject
to modification, issued by a court or administrative agency of
competent jurisdiction deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end for the support and maintenance of a child, including a
child who has attained the age of majority under the law of the
issuing state deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) for new text end a child and the parent with whom the child is
living, that provides for monetary support, child care, medical
support including expenses for confinement and pregnancy,
arrearages, or reimbursement deleted text begin , and that deleted text end new text begin ; or
new text end

new text begin (3) for the maintenance of a spouse.
new text end

new text begin (b) The support order new text end may include related costs and fees,
interest and penalties, income withholding, and other relief.
This definition applies to orders issued under this chapter and
chapters 256, 257, and 518C.

Sec. 21.

Minnesota Statutes 2004, section 518.551,
subdivision 1, is amended to read:

Subdivision 1.

Scope; payment to public agency.

(a) This
section applies to all proceedings involving a support order,
including, but not limited to, a support order establishing an
order for past support or reimbursement of public assistance.

(b) The court shall direct that all payments ordered for
maintenance deleted text begin and deleted text end new text begin or new text end support be made to the public agency
responsible for child support enforcement so long as the obligee
is receiving or has applied for public assistance, or has
applied for child support deleted text begin and deleted text end new text begin or new text end maintenance collection
services. Public authorities responsible for child support
enforcement may act on behalf of other public authorities
responsible for child support enforcement. This includes the
authority to represent the legal interests of or execute
documents on behalf of the other public authority in connection
with the establishment, enforcement, and collection of child
support, maintenance, or medical support, and collection on
judgments.

(c) Payments made to the public authority other than
payments under section 518.6111 must be credited as of the date
the payment is received by the central collections unit.

(d) Amounts received by the public agency responsible for
child support enforcement greater than the amount granted to the
obligee shall be remitted to the obligee.

Sec. 22.

Minnesota Statutes 2004, section 518.58,
subdivision 4, is amended to read:

Subd. 4.

Pension plans.

(a) The division of marital
property that represents pension plan benefits or rights in the
form of future pension plan payments:

(1) is payable only to the extent of the amount of the
pension plan benefit payable under the terms of the plan;

(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit
recipient;

(3) is not payable in a lump sum amount from new text begin defined
benefit new text end pension plan assets attributable in any fashion to a
spouse with the status of an active member, deferred retiree, or
benefit recipient of a pension plan;

(4) if the former spouse to whom the payments are to be
made dies prior to the end of the specified payment period with
the right to any remaining payments accruing to an estate or to
more than one survivor, is payable only to a trustee on behalf
of the estate or the group of survivors for subsequent
apportionment by the trustee; and

(5) in the case of new text begin defined benefit new text end public pension plan
benefits or rights, may not commence until the public plan
member submits a valid application for a public pension plan
benefit and the benefit becomes payable.

(b) The individual retirement account plans established
under chapter 354B may provide in its plan document, if
published and made generally available, for an alternative
marital property division or distribution of individual
retirement account plan assets. If an alternative division or
distribution procedure is provided, it applies in place of
paragraph (a), clause (5).