SF 644

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; requiring notification of noncustodial parents, corrections
agents, local welfare agencies, and the court, of residence of a custodial parent
with certain convicted persons; changing certain presumptions relating to
paternity; disallowing certain convicted persons from becoming custodians of
unrelated children; changing certain procedures for removal of a child's residence
from Minnesota; requiring certain information in summary real estate disposition
judgments; identifying pension plans subject to marital property division;
authorizing the Department of Human Services to collect spousal maintenance;
changing certain provisions concerning adoption communication or contact
agreements; appropriating money; 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; 259.58; 260C.201, subdivision
11; 260C.212, subdivision 4; 518.091, subdivision 1; 518.1705, subdivisions 4,
7; 518.175, subdivision 3; 518.179, by adding a subdivision; 518.18; 518.191,
subdivision 2; 518.54, subdivisions 4a, 14, by adding a subdivision; 518.551,
subdivision 1; 518.58, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapters 244; 257; 260C.

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

Section 1.

new text begin [244.057] OFFENDERS RESIDING IN HOUSEHOLDS WITH
CHILDREN; NOTICE TO CORRECTIONS AGENT.
new text end

new text begin An offender required to register as a predatory offender under section 243.166 shall
inform the offender's corrections agent if the offender is residing in a household where a
child is residing. The offender shall inform the agent of the name, age, and relationship
to the offender of all children residing in the household. The offender's correction agent
shall notify the child's parents, if any, and the legal guardians or physical custodians, if
any, that the child is residing with a predatory offender.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005, and applies to
persons under correctional supervision on or after that date.
new text end

Sec. 2.

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

new text begin A person who is granted or exercises custody of a child or parenting time with a
child under this chapter or chapter 518 must notify the child's other parent, if any, the
county social services agency, and the court that granted the custody or parenting time, if
the person knowingly marries or lives in the same residence with a person who has been
convicted of a crime listed in section 518.179, subdivision 2.
new text end

Sec. 3.

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. 4.

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. 5.

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 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(s), whether sperm or ovum (egg), to
claim to be the child's biological and/or legal parent.
new text end

Sec. 6.

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. 7.

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 shall 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
commissioner's delegate 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. 8.

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. 9.

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. 10.

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. 11.

Minnesota Statutes 2004, section 259.58, is amended to read:

259.58 COMMUNICATION OR CONTACT AGREEMENTS.

Adoptive parents and a birth relative or foster parents may enter an agreement
regarding communication with or contact between an adopted minor, adoptive parents, and
a birth relative or foster parents under this section. An agreement may be entered between:

(1) adoptive parents and a birth parent;

(2) adoptive parents and any other birth relative or foster parent with whom the child
resided before being adopted; or

(3) adoptive parents and any other birth relative if the child is adopted by a birth
relative upon the death of both birth parents.

For purposes of this section, "birth relative" means a parent, stepparent, grandparent,
brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood,
adoption, or marriage. For an Indian child, birth relative includes members of the extended
family as defined by the law or custom of the Indian child's tribe or, in the absence of laws
or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child
Welfare Act, United States Code, title 25, section 1903.

(a) An agreement regarding communication with or contact between minor adoptees,
adoptive parents, and a birth relative is not legally enforceable unless the terms of the
agreement are contained in a written court order entered in accordance with this section.
An order may be sought at any time before a decree of adoption is granted. The order
must be issued within 30 days of being submitted to the court or by the granting of the
decree of adoption, whichever is earlier. The court shall not enter a proposed order unless
the terms of the order have been approved in writing by the prospective adoptive parents,
a birth relative or foster parent who desires to be a party to the agreement, and, if the child
is in the custody of or under the guardianship of an agency, a representative of the agency.
A birth parent must approve in writing of an agreement between adoptive parents and any
other birth relative or foster parent, unless an action has been filed against the birth parent
by a county under chapter 260. An agreement under this section need not disclose the
identity of the parties to be legally enforceable. The court shall not enter a proposed order
unless the court finds that the communication or contact between the minor adoptee, the
adoptive parents, and a birth relative as agreed upon and contained in the proposed order
would be in the minor adoptee's best interests. The court shall mail a certified copy of
the order to the parties to the agreement or their representatives at the addresses provided
by the petitioners.

(b) Failure to comply with the terms of an agreed order regarding communication or
contact that has been entered by the court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after that consent has become
irrevocable.

(c) An agreed order entered under this section may be enforced by filing a petition
or motion with the family court that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition or motion is accompanied by
an affidavit that the parties have mediated or attempted to mediate any dispute under the
agreement or that the parties agree to a proposed modification. The prevailing party may
be awarded reasonable attorney's fees and costs. The court shall not modify an agreed
order under this section unless it finds that the modification is necessary to serve the
best interests of the minor adoptee, and:

(1) the modification is agreed to by the parties to the agreement; or

(2) exceptional circumstances have arisen since the agreed order was entered that
justify modification of the order.

new text begin (d) For children under state guardianship when there is a written communication
or contact agreement between prospective adoptive parents and birth relatives other than
birth parents it must be included in the final adoption decree unless all the parties agree
to omit it. If the adoptive parents or birth relatives do not honor the communication or
contact agreement, the court shall determine the terms of the communication and contact
agreement.
new text end

Sec. 12.

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 , 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. 13.

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 under this section of the following:
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 the age
of 13 when there is reasonable cause to believe that the parent or household member over
age 13 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 the age of 13 when:
new text end

new text begin (i) the relative must be licensed for foster care; or
new text end

new text begin (ii) the agency must conduct a background study under section 259.53, subdivision
2; or
new text end

new text begin (iii) the agency has reasonable cause to believe the relative or household member
over the age of 13 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:
new text end

new text begin (i) when the responsible social service 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
new text end

new text begin (ii) 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) "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 shall 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:
new text end

new text begin (1) the individual's 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, 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 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. 14.

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 providing for the day-to-day care of
the child new text begin temporarily or permanently. 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 deleted text begin , deleted text end new text begin :
new text end

new text begin (i) new text end the agency shall 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 ;
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; and
new text end

new text begin (iii) the results of a background study of a noncustodial parent shall 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 .

(3) 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.

(4) 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. 15.

Minnesota Statutes 2004, section 518.091, subdivision 1, is amended to read:

Subdivision 1.

Temporary restraining orders.

(a) Every summons must include
the notice in this subdivision.

NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE
DISPUTE RESOLUTION PROVISIONS

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
DISMISSED:

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE
NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR
PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR
RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
BENEFICIARY DESIGNATION.

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
TO SANCTIONS BY THE COURT.

(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING deleted text begin ARE
ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION
PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION
INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET
FORTH IN THE DISTRICT COURT RULES deleted text end new text begin SHALL PARTICIPATE IN A MINIMUM
OF TWO HOURS OF MEDIATION WITHIN 60 DAYS OF COMMENCEMENT OF
A DIVORCE ACTION BY SERVICE OF THIS SUMMONS, UNLESS THE PARTIES
FILE A SIGNED MARITAL TERMINATION AGREEMENT WITH THE COURT
DURING THAT TIME OR DO NOT HAVE THE MEANS TO DEFRAY THE COST
OF THE MEDIATION new text end . YOU MAY CONTACT THE COURT ADMINISTRATOR
ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION
OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE
MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A
COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS
OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE
NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY
THE COURT IN LATER PROCEEDINGS.

(b) Upon service of the summons, the restraining provisions contained in the notice
apply by operation of law upon both parties until modified by further order of the court or
dismissal of the proceeding, unless more than one year has passed since the last document
was filed with the court.

Sec. 16.

Minnesota Statutes 2004, section 518.1705, subdivision 4, is amended to read:

Subd. 4.

Custody designation.

deleted text begin A final judgment and decree that includes a
parenting plan using alternate terms to designate decision-making responsibilities or
allocation of residential time between the parents must designate whether the parents have
joint legal custody or joint physical custody or which parent has sole legal custody or sole
physical custody, or both. This designation is solely for enforcement of the final judgment
and decree where this designation is required for that enforcement and has no effect
under the laws of this state, any other state, or another country that do not require this
designation. deleted text end new text begin If the parenting plan substitutes other terms for legal and physical custody and
if a designation of legal and physical custody is necessary for enforcement of the judgment
and decree in another jurisdiction, it must be considered solely for that purpose that the
parents have joint legal and joint physical custody. Under Minnesota law, a parenting plan
does not require a designation of sole or joint, legal or physical custody.
new text end

Sec. 17.

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. 18.

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, the following:
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 the 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 that the person requesting permission
to move has been a victim of domestic abuse by the other parent, 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. 19.

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 nonbiological 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. 20.

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. 21.

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 the Rules of Civil Procedure,
Rule 4.03(a), or Minnesota Statutes, section 543.19; (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. 22.

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. 23.

Minnesota Statutes 2004, section 518.54, subdivision 14, is amended to read:

Subd. 14.

Iv-d case.

"IV-D case" means a case where a party has assigned to the
state rights to child support because of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title IV-D of the Social Security
Act, United States Code, title 42, section 654(4). new text begin An obligation for spousal maintenance
under subdivision 4a, paragraph (a), clause (3), is not an IV-D case.
new text end

Sec. 24.

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

new text begin Subd. 15. new text end

new text begin Income withholding only services. new text end

new text begin "Income withholding only services"
means the services provided by the public authority to collect payments pursuant to a
support order but does not include other enforcement services provided by the public
authority for IV-D cases. Notices required for income withholding under this section
shall be initiated by the applicant for services. An obligation for spousal maintenance
under subdivision 4a, paragraph (a), clause (3), is only eligible for income withholding
only services.
new text end

Sec. 25.

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. 26.

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).

Sec. 27. new text begin APPROPRIATION.
new text end

new text begin $57,000 is appropriated from the general fund to the commissioner of human
services to carry out the duties imposed by this act. $43,000 is available for the fiscal year
ending June 30, 2006, and $14,000 is available for the fiscal year ending June 30, 2007.
new text end

Sec. 28. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 22 to 25 are effective the day following final enactment.
new text end